<VV> Has eBay shut you down without investigating ?

Sun, 29 Aug 2004 10:31:11 -0700

The problem with eBay is that they take a user's word for a complaint, shut
you down, before finding out the truth.

You have a contract with eBay and anything that you find on their site is
"incorporated by reference" and part of that contract.

If you get shut down because someone falsely complains about you, they are
required to "thoroughly investigate" before taking action.

I was shut down because a seller thought I was someone else, and eBay never
actually investigated - they "discovered" the error after 3 WEEKS ! and
simply reinstated me without even an apology, but after they got a letter
from my lawyer, which included the following.

Search for the word "investigate" on eBay's site, here's what you will see -

(NOTE : I am not a lawyer.)

-----------------------------------------------------------------------
The Investigations team attempts to resolve reported cases of inappropriate
trading behavior. eBay will consider the circumstances of an alleged offense
and the user's trading records before taking action. Disciplinary action may
range from a formal warning, up to indefinite suspension of a user's
account. However, if we cannot prove your complaint with certainty, we may
take no action.
-----------------------------------------------------------------------

If eBay shuts you down without investigating, they have violated their own
contract with you.  (Check out your local law library for "Civil / Causes of
Action" for "official information about "negligent interference" with
business opportunity.

They are too big to care about the little guy, and don't care if you're out
of business as a result of it.

Their contract with you makes them liable, but nobody wants to fight back,

I thought it was just me, but apparently they do this all the time.

Let's get an "eBay competitor" out there, so they don't become (stay ?) a
monopoly like Microsoft.

Have fun,
Chaz

----- Original Message ----- 
From: "Eric S. Eberhard" <flash@vicspdi.com>
To: "corvairs" <lonwall@corvairunderground.com>; "Mike Kost"
<vairmike@sbcglobal.net>
Cc: "F P" <flat6s@yahoo.com>; <virtualvairs@corvair.org>
Sent: Friday, August 27, 2004 1:52 PM
Subject: Re: <VV> eBay Auction, Shipping to Canada/ebay

> 1) The higher the feedback number the better
> 2) The "percentage" is even more important
> 3) Check if it based upon SALES and not buying
> 4) Feel better if they take paypal or credit cards
>
> If a seller has a rating of 5,000 with 100% positive feedback all for
> sales, you can be pretty sure they are safe.
>
> If a seller has a rating of 5,000 with 92% positive feedback, BEWARE.
>
> If a seller has a rating of 5,000 with 100% feedback and you look at the
> detail and it is all purchases be careful.
>
> paypal and credit card companies have anti-fraud measures and some ways of
> retaliating.  On a non-ebay mail order sale where I got ripped off I was
> able to call the credit card company and cancel the payment.  Yes, a month
> of hassle went by, but in the end I got my money.  If they only take
> cash-type forms of payment, be careful.
>
> I have found that if you email the seller and ask a question -- and for
> expensive items, do it more than once -- you can get a good idea.  Abrupt,
> rude answers, or no answer at all or inaccurate answers usually means to
> avoid the seller.
>
>
>
> At 01:30 PM 8/27/2004, corvairs wrote:
> >This hasn't happened with our Corvair experiences but Linda does a lot of
> >buying on ebay with her collectibles and it's a vicious jungle. Anyone
who
> >thinks that the simple platitudes about "feedback" "legal
> >contracts"  "self policing" etc etc hold any water had better think
twice.
> >She has been reported for fraud (and shut down twice for over a week
each)
> >because she refused to pay a seller twice or three times. Each time the
> >seller refused to deliver, claiming they didn't get thier money. Linda
had
> >paid once and received nothing so she sent another payment (took the
> >seller's word that it had been "lost"). Seller still claimed it hadn't
> >been received  herein Linda reported them to ebay wherein they filed a
> >fraud complaint which shut HER down. While she was shut down she couldn't
> >conduct any business or pursue the crooked seller. After hours and days
of
> >fooling around with ebay management she was reinstated, the seller cashed
> >both checks sent nothing and is now probably logged in under a different
> >name (REAL easy to do).
> >
> >There are many other horror stories but the gist is when these crooks get
> >to know how ebay works real well they get away with murder. Lon
> >
> >Mike Kost wrote:
> >
> >>The last thing I bought on E-Bay I left a neutral feedback and the
seller
> >>retaliated and left a negative feedback on me. After that experience I
am
> >>tempted to not leave any feedback unless the service is either extremely
> >>outstanding or so horrible to border on fraud.
> >>
> >>F P wrote:
> >>
> >>>Even if the seller leaves negative feedback and it is justified, some
> >>>bidders will retaliate and leave negative feedback out of spite.
> >_______________________________________________
> >This message was sent by the VirtualVairs mailing list, all copyrights
are
> >the property
> >of the writer, please attribute properly. For help,
mailto:vv-help@corvair.org
> >This list sponsored by the Corvair Society of America,
http://www.corvair.org/
> >Post messages to: VirtualVairs@corvair.org
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> >_______________________________________________
>
> Eric S. Eberhard
> (928) 567-3727          Voice
> (928) 567-6122          Fax
> (800) 569-1122          Denver Office (I am never there, you can leave a
> message)
>
> 928-301-7537 -- you may call any time day or night, I turn it off when I
> sleep :-)  Please try to use a land line first (reception often poor).
>
>
>
> http://www.vicspdi.com
>
> Completely updated web site of personal pictures with many new
> pictures!  Includes horses, dogs, Corvairs, and more.
>
> http://www.vicspdi.com/ourpics/index.html
> _______________________________________________
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