King of Excellent (according to Scaryduck)

Tuesday, December 1

On getting ripped off on eBay

So, recently, I found myself shopping for a bargain freeview+ box on that website purveyor of all things junk, eBay. I got the aforementioned bargain, a BT vision box with freeview plus built in, for a paltry £27.99. After paying the extra £9 postage, the whole thing cost me £36.99, a bargain in anybody's books.
Or it would be if it worked. Plugging it in, and all I got was a message saying unable to connect, and to check and try again. Checking the actual error number online, I find that the box won't even fire up without being plugged into a BT broadband connection. Not broadband over a BT line, but BT's extortionate and crap internet service which costs £19 a month. So, I contacted the seller.
"This box requires BT broadband, and I haven't got that," I say.
"So? I did leave a link on the description, and if you look in the small print of that link, you'll find it does specify that you need that connection for it to work," he replies.
"Ok then, what are you going to do about it. It was mis-sold to me, I'd like my money back please."
"Sure, just pay another £9 to get it back here, and I'll refund you the £27.99"
So, the misadventure of buying a box that never worked and turned out to be a bargain because it never would, would end up costing me £18. No fair in my books. So, I decide I'll recoup my losses. I stick it back on eBay, this time with an accurate description, and I sell it for a whole £10.50. So far I've already recouped 50p on the £18 lost, so far so good. I also leave negative feedback on the seller. Then I get an email from him, that sold it to me.
I was unhappy with receiving my first negative feedback from you having had 200+ transactions previously with happy buyers. I am so unhappy infact, that I've just got off the phone with ebay customer service to be done about it. They said the first port of call is to contact you, the buyer, to see if you would remove it. My biggest problem with the feedback is that you said, 'Doesn't care it's wrong' - which is factually untrue because I did care, I sent you several emails on it, and I offered you a fair refund.

If you refuse to remove the feedback, ebay advised me the next step to go down is to contact their legal department. Obviously I don't want to do this, but unless we can find a way of mutually agreeing to remove it this is the only path I'll have left.
Bully bully bully bully. So, basically what he's said is "remove the negative feedback, or I'll report you to eBay." And the benefit to me is? Being diplomatic, I sent back an email saying I've resold the item, and if he remunarates me to the tune of £17.49 for the losses I've made, I'll remove the feedback. This is fair. Again, he emails me. He picks the bones out of the description I gave of him selling me the box falsely in the first place, and then sums up his email with
As a result of the above and in light of wanting to protect my name on eBay, I am left with no alternative but to file a "Notice of False and Defamatory Consent" against you. I have already filed all of the information necessary to pursue this case, so if I haven't heard from you or the negative feedback still exists on my eBay account by this time on Wednesday evening, I will have no other option but to forward it onto eBay's legal department.

Obviously I hope this can be rectified outside of court, but I will do whatever it takes to protect my good name and 100% feedback on eBay.
Again, bully bully bully bully. He makes out that he has a case, and more importantly, he is going to win. I know at this point that eBay would look at what I've said and done, and would agree that I took the best course of action. Also, the legal team at eBay are a joke. It's a well known fact that they can't help people who are ripped off, so they're hardly going to help an individual who's only problem is that he has had his feelings hurt by someone stating the truth about him. I emailed him back, stating that under the sale of goods act, he'd sold me an item that wasn't fit for the purpose it was sold. This is a breech of contract on his part, and as such he would have to rectify it. I also sent him a link of the sale of goods act, and highlighted paragraph 1 that states what he did and why it was wrong. So realising he's now not got a leg to stand on, he's going to go the route of "Notice of False and Defamatory Consent," and he's even prepared to take it to court (pah!). I haven't sworn at him, I  haven't broken any law that says I wasn't polite and concise all the time, and most of all I haven't been defamatory. He's done all the harm himself, and the facts state this. He can pay the £40 for a small claims court hearing (more then he owes me anyway), and even if he wins, all that will happen is he gets his negative feedback removed. It would be easier on his part just to realise his mistake, offer the the £17-odd quid back and then I'll remove it. But he's too proud to admit he's lost, and by bullying me, I'll just put up more barriers making it harder to deal with him.
Don't you love the legal system that eBay has?