Dishonest ebayer gets away with defamatory feedback

[baudrillard2013]

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. 

[baudrillard2013]

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. 

[baudrillard2013]

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

[*sparklz*]

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.

[baudrillard2013]

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. 

[baudrillard2013]

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. 

[lizzy6107]

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.

[bitsnopieces]

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

[baudrillard2013]

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.

[bitsnopieces]

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.

[ms_aussie]

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