I want take eBay to court due to slander.
This is a discussion on I want take eBay to court due to slander. within the Online Purchases & Sales forum, part of the Internet Law category; My father has an eBay account and he gave it to me many years ago. I have been using this ...
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#1 |
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My father has an eBay account and he gave it to me many years ago. I have been using this account for trading and built up 5899 positive feedbacks with positive feedbacks rate at 99.1% and my selling performance is above standard.
On 21 SEP, I have suddenly received one email from eBay saying that my account is violet eBay user agreement - they believe my account has involved with fraudulent activities and suspended my account indefinitely and then canceled all of my listings. (i have over 150 active listings at that time). I am devastated and i have no idea why they have such concern to a good positive eBay account which has been trading on and off for over 5-6 years. At this time I am 16 weeks pregnant and I loose sleep and I cannot eat in the past couple of days. The most of all is I feel so angry becasue eBAy contacted all of my buyers even the buyers purchased my items few days ago (by this time, most of them have already received their items) saying my listings are probably scam/ or my account is terminated because fraudulent activities involved etc. I require eBay to give me detailed reason but they say it is their policy that cannot tell me why they suspended my account. Then on one side they encourage buyers to open claims against me and meanwhile other side they have already charged me money for selling my items. I want to defend my reputation which I have been trying so hard to buid up, I want to take this case further and most of all I want to know how on earth my account can be fraudulent/ scam. I want to sue eBay due to slander. Please help me as this is my only income and eBay has cut it off for no reason. I am so afraid that this will affect not only me but also my baby as I am really frustrated and mentally hurt now, I am desperately need some help. I live in the UK, can you please help me? |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,915
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I wish to inform you that termination of account may not amount to slander. In slander, there must be a statement made by eBay which is not true and which defames you. It will be on you to prove in court that eBay has indulged in slander against you. To take eBay to court, you must serve a written notice. This notice will be served by registered mail to eBay Europe S.à r.l. (ref:eBay.co.uk), 22-24 Boulevard Royal, L-2449 Luxembourg. If eBay does not resolve the matter after receiving the notice, you may file a lawsuit. You may inform the court of all the facts - you have traded on eBay for 5-6 years and had a 99.1% positive feedback. Further, you are pregnant and this matter causes you stress. The court will consider all the facts and decide the matter.
AFF |
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#3 |
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Some people also sue them in California even when they are outside the USA.
One colleague used small claims court. |
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#4 |
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Junior Member
Country:
Join Date: Nov 2011
Posts: 3
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ebay makes a lot of problem to all kind of users including me. they suspended my account and i call them 5 time avery day, ebay dont want to give me any reason.
i realy hate ebay. |
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#5 |
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Guest
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Hi
My case its actually very similar to the lady above. my ebay feedback is 99.4% i have 739 positive 3 neutral and 2 negative feedback which was given me by unfair ebuyers or this who didnt read description properly .I have contacted ebay regarding my negatives feedbacks but actually they were just telling me all the time that they cannot do anything- as usually.Then they closed my account for 30 days and right now they making me problems all the time telling me that Iam not eligable to free listings because my standard is very low ,that my communication with people is very low etc .I wish to know where all these lies come from.I would like to sue ebay as I have enough of this.If anyone can help me and give me some advice what to do would be great also if someone having same problems or similar to mine Please contact me and maybe if there is going to be more of us we can do finally something. |
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#6 |
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Top Level Member
Join Date: Sep 2010
Posts: 3,474
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You must prove that there was in fact defamatory language that reflects badly on your morality or integrity or questions your credibility in your profession. Show that the slanderous statements in question were referring to you and be able to show that at least one reader could identify you as the one the statements defame. Prove that the public received that they physically heard the libelous statements in question. Demonstrate personal or monetary harm. Show emotional distress or the loss of reputation or money.
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#8 |
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Junior Member
Country:
Join Date: May 2013
Posts: 1
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Hi
Please can someone advise me, I have a slightly similar case. I opened an ebay account last month (only so that I can purchase items, not sell items), Thursday I found a screen print that I liked so I contacted the seller and ask what their 'buy it now price was, they gave it to me so I bought the item at their price. Then yesterday I found 2 more screen prints that i like, one of them I have actually been looking for years for and wanted it as an anniversary present to my wife for the 1st of June. All 3 purchases I paid through my paypal account and all 3 sellers received their money straight away (i know this because I get an sms from my bank whenever I make any kind of transaction) Immediately after I made the last purchase I received and email from ebay saying that my account had been suspended. Immediately after receiving the email I received a phone call from the first seller I dealt with (I ended up with his phone number because when I purchased the print from him I needed to contact him as the shipping details he had were wrong), the email he received from ebay told him not to ship the item to me and to re-list it on ebay even though the payment had gone through straight away. They also contacted the other 2 people that I dealt with and told them the same thing. Where do I stand? Ebay have suspended my account after purchasing 3 items in the normal manner, they have slandered my name and cast aspersions on my character by contacting the sellers and telling them not to ship the items to me and to re-list them on ebay even though they know that the sellers received full payment within minutes of winning the auction, my account has now been completely erased from ebay so I have no proof of the transactions and the correspondence I had with the sellers and I cannot claim back the money, so they are also condoning and actually promoting the stealing of money from me. I have phoned customer services numerous times, I was on the phone to them all last night to get this issues rectified, they promised me that they would send an email by end of business yesterday to all the sellers stating that there was an error and if the seller has received payment then its ok to ship the item to me, they also promised me they would cc me on the email. I haven't received anything from ebay, they also refuse to give me an explanation at all, and have banned me for life from using ebay (please see the original email explanation I got from them below) "We have thoroughly reviewed your account and I cannot be any more specific about the suspension because it may allow you to circumvent on our policy. The account will remain suspended. I suggest that you don't create a new one because we will be able to detect that as well.Based on the risk involved on your eBay account, we have determined that it is in our mutual best interest to part ways. We regret any frustration or inconvenience this matter may cause you." I don't care about ebay and the account, the only thing I care about is that I have paid over £2500 for 3 prints that ebay have told the sellers not to send to me and I now have no way of getting the money or the items...what should I do, I'm more than happy to take them to court because this is disgusting. please advise best dunc |
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