topic Re: Dishonest ebayer gets away with defamatory feedback in Selling

Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 01:23:35 GMT

I sold a dress from Bariano, new with tags, $365 for $40.

Buyer leaves negative feedback, "poor condition". They file paypal dispute describing dress in appalling condition in about six ways. They wouldn't return dress Now re-selling dress in "very good condition". This is Impossible comparing the two sets of comments. They are dishonest. Using my pictures to re-sell too. Ebay won't remove defamatory feedback or report the listing.

Re: Dishonest ebayer gets away with defamatory feedback

aps1080 — Sat, 20 Dec 2014 01:31:52 GMT

Item number ?

It's not nice but these type of people are out there.

Re: Dishonest ebayer gets away with defamatory feedback

cherry*135 — Sat, 20 Dec 2014 01:53:57 GMT

@baudrillard2013 wrote:
I sold a dress from Bariano, new with tags, $365 for $40.

Buyer leaves negative feedback, "poor condition". They file paypal dispute describing dress in appalling condition in about six ways. They wouldn't return dress Now re-selling dress in "very good condition". This is Impossible comparing the two sets of comments. They are dishonest. Using my pictures to re-sell too. Ebay won't remove defamatory feedback or report the listing.

$40 or $59? RRP 359.95?

Buyer mentions this in the listing ( which I think is unwise, buyers don't need to know all that and probably put them off anyway)

Start price $45

In very good condition, there are a couple of pulls in the fabric and the hem has been repaired (bought off eBay in this condition, however the previous seller didn't mention it in the item description when I bought it, stating the item was in 'stunning' condition! So I'm selling it for a fair bit less than I paid)

did they buyer provide photos at the time of dispute of the claimed damaged areas?

Is it over 6 months since the original sale went through?

Re the photos they are on a website online for anyone to copy. They are not photos you took are they?

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 02:15:31 GMT

Hi,

No. Let me make it very clear. Buyer didn't provide any pictures of claimed damage.

On the other hand I have many many photos, upwards of 30.

There were no such flaws.

Buyer didn't mention flaws to paypal they mention in the listing and did make many statements about the item to paypal which are impossible to reconcile with their current listing.

They were just made up statements.

They lost the paypal dispute.

They refused to return the dress.

Re: Dishonest ebayer gets away with defamatory feedback

aps1080 — Sat, 20 Dec 2014 02:18:35 GMT

So buy it back and trash her feedback !

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 02:20:43 GMT

Sorry yes the photos that were taken against the white partition, all except the other ones were taken by me.

There was no problem with the hemline, no pulls, nothing whatsoever wrong with the item.

It was PERFECT.

They mentioned things that would make the dress unsellable and aren't in their listing to the Paypal which they made up.

I said to ebay "they are lying". I said "Paypal said they are dishonest".

Ebay : "it's their perception that the item was in poor condition".

I said "but two months later it is in very good condition and Paypal have a list of defects they claimed to Paypal. They think it is in poor condition two months ago but in very good condition now???"

By their report to Paypal it should be going in the dustbin.

Ebay: "We don't know which description is inaccurate, the one in their listing or the feedback"

Re: Dishonest ebayer gets away with defamatory feedback

2014auswit — Sat, 20 Dec 2014 02:24:33 GMT

There are nice buyers and sellers around but in general ebay would work if there were no thieves and if ebay and paypal rules

were designed by honest people.The rules work only for them and as far as I can see they even are above Australian Law.

@baudrillard2013 wrote:
I sold a dress from Bariano, new with tags, $365 for $40.

Buyer leaves negative feedback, "poor condition". They file paypal dispute describing dress in appalling condition in about six ways. They wouldn't return dress Now re-selling dress in "very good condition". This is Impossible comparing the two sets of comments. They are dishonest. Using my pictures to re-sell too. Ebay won't remove defamatory feedback or report the listing.

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 02:24:43 GMT

Hi there,

I didn't think buying something and then trashing someone's feedback was really in the ebay spirit or compliant with policy or good manners.

I will just leave ebay after 11 years.

It is like talking to a recording talking to ebay personnel.

The paypal guy understood straight away and said this person is clearly dishonest, telling me to get the feedback removed and even going further.

But ebay did NOTHING

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 02:27:03 GMT

Yes you are quite right. They are above Australian Law.

Re: Dishonest ebayer gets away with defamatory feedback

cherry*135 — Sat, 20 Dec 2014 02:33:42 GMT

Have you checked the buyers feedback left for others? I am wondering if they have done similar before.

Sounds really fishy. As I said before I don't know why she added her drama piece about a previous sale. Not something you see very often, those personal type comments in listings.

I have been told by eBay 'it is the buyers opinion/perception' when querying a neutral for a used garment that had nothing wrong with it ( no signs of wear) accurately described (tstyle type, many measurements), good photos. It obviously didn't look good on the buyer.

Opinions aren't facts though.

Something I have learnt from reading these boards is if a seller is doing follow up feedback to negs or neutrals, instead of putting buyer put their user id name instead. That way other sellers can tell who the buyer is that left the negs and can then check out the buyers other feedback they have left for other sellers and see if they have a habit of leaving negs and/or neutrals.

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 02:43:41 GMT

It is fishy but it gets worse.

This ebayer bought the items and then didn't pay.

Unpaid item dispute opened and she sent an abusive email (which ebay naturally read). I then politely said sorry & asked her whether she wants to go ahead, giving her an out. No response from her. A few days later she paid. I contacted ebay and they said she had complained me and I had a strike against me! (I left negative/ feedback on her account as a positive). She became abusive towards me because I used an ebay policy (3 days open unpaid item dispute). She was seething obviously as instead iof then engaging in civil discourse about it and ending it amicably she waited till the eleventh hour and paid. Ebay told me I'd be penalised if I didn't send the goods. I said I am walking into a minefield given this background.

As I foreshadowed she left the negative feedback.

I asked "how do I get a strike against me for using an official ebay tool" (open unpaid item case after 3 days), rather the response to that tool being used?

Ebay CSOs don't LISTEN. She advised me to turn on the unpaid assistant tool!!!!!!!!!!! I couldn't believe it and said NO WAY. Do you realise that is what got her back up inthe first place???? The mere fact I manually opened an unpaid item dispute.

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 02:51:15 GMT

Yes actually she HAS done precisely the same thing ie left bad feedback for a lot of buyers and has a tendency to do so, but I just noticed that she has done so in precisely the same circumstances, ie someone opened an unpaid item dispute against her and she left them bad feedback.

Her record has plenty of negative feedbacks for buyers.

Ebay can have a marketplace of buyers like her.

I'm leaving

Re: Dishonest ebayer gets away with defamatory feedback

*sparklz* — Sat, 20 Dec 2014 02:52:03 GMT

Unpaid item disputes can not be opened till 4 days after the time and date of the sale not 3 and then 4 days later it can be closed so the buyer has 8 days to make the payment.

As you now know sellers can not leave negs and this member knows that to have reported the feedback.

In the in it is only a red dot on a PC screen and when you turn it off you can not see it.

It is your follow up that can make the buyer look bad but what you left is in caps and that is not good and should have been factual if you had to put anything.

The issue was not over payment but the description and that is what the follow up shoild have been about.

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 03:48:00 GMT

Either her description in the listing is a lie or she made false statements in her feedback. Simple.

Read the Gutnick case for current defamation law (opinion/fact). The relevant law is Gutnick in the State of /Victoria is where the comments are viewed & there are differences in defamation law in the US and Australia.

The buyer was described by the Paypal person I spoke to as "dishonest" and recommended me to ebay for action.

eBay chose to take none.

There is a stack of material, photographs, prior complaints of the buyer to Paypal which prove beyond any doubt she is a liar.

If this isn't a clearer case I don't know that there ever could be.

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 03:53:28 GMT

I know this is only one transaction but it couldn't have come at a worse time.

I know everyone has problems but it lost me my finance for my car as it tipped me over the edge and my application fell through.

Partner died suddenly and unexpectedly under traumatic circumstances a few months ago and then I contracted very serious illness requiring that car. Mum's dementia. etc

There are human costs and I am not able to do very much at the moment so everything counts.

Re: Dishonest ebayer gets away with defamatory feedback

lizzy6107 — Sat, 20 Dec 2014 07:11:04 GMT

I am so sorry you are going through a hard time, and the stress from ebay, which is now constantly hanging over our heads, will not be helping.

It certainly sounds like you need a break, if you can afford to take one.

If you can't, know that you have alot of support, all the sellers know that ebay has a terribly unfair feedback system, and no human heart. Just vent when you have to.

I think all sellers must be mentally and emotionally prepared to accept that at least 1% of buyers will be scammers or lunatics, so when it happens, take a day off and put things in perspective. Think of the lovely polite and happy buyers you have had.

Ebay have no heart and will not be humane when it comes to the stress and feelings of it's sellers, you have to accept that they will probably make it harder to sell everytime a new 'release' comes out. Just keep going until you can't, and find an enjoyable way to de-stress.

banging heads against the ebay concrete wall is a time waster.

Re: Dishonest ebayer gets away with defamatory feedback

bitsnopieces — Sat, 20 Dec 2014 11:22:20 GMT

It is against ebay policy to use someone's else picture, comes under copyright, complain to ebay.

Re: Dishonest ebayer gets away with defamatory feedback

baudrillard2013 — Sat, 20 Dec 2014 21:28:24 GMT

thanks Lizzy

You are absolutely right.

I can see your perspective, when I am thinking clearly!!

There are some lovely ebayers out there.

I think I actually gave away a whole bunch of clothes to a buyer soon afterwards because she seemed so

lovely.

As it turned out she was struggling financially and she said it was like unwrapping a Christmas present for her

and her young daughter early. It really does make you feel good to deal with the nice ebayers.

I think it is just that ebay can seem so mindnumbingly stupid when it comes to their own policies and they don't really even apply them or seem to understand them.

Yes I did act prematurely in leaving the feedback for her. You are correct. It is 4 days for an unpaid item dispute to close. She abused me blatantly for even opening it. I wouldn't turn on the unpaid item assistant yet that is what ebay advised me to do after they had read her abusive email abusing me for opening it. I don't routinely open unpaid item disputes. That is the mechanism ebay use to regulate buyers in lieu of the feedback system. It doesn't always work properly.

Re - copyright violations. I raised that with the ebay CSO but it fell on deaf ears. I couldn't get any acknowledgement from her that it was a copyright violation.

Re: Dishonest ebayer gets away with defamatory feedback

bitsnopieces — Sat, 20 Dec 2014 22:37:20 GMT

Get back to ebay, ask them to view the photos on your item and ask them to compare the photos on her listing, aks them which listing came first, then ask for a supervisor if it is not sorted, don't waste your time with peolpe who are clueless. When they send the survey on how you went with your enquiry a few days later, sink the boots in.

Re: Dishonest ebayer gets away with defamatory feedback

ms_aussie — Sun, 21 Dec 2014 04:42:12 GMT

Sorry things are so tough for you right now. I just thought these may help you smile a little.