ebay refuses to help me w/buyer extortion

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Honest1

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My jurisdiction is: ILLINOIS

I am an ebay seller in need of some help regarding a transaction w/a buyer who iI am an ebay seller in need of some help regarding a transaction w/a buyer who is undermining my business--ebay refuses to help me.

This "buyer" first emailed me regarding a pair of gloves I had up for auction and asked if he could just buy them outright for $10.00. Since there was much interest in this particular item I emailed back and told him no. He then bid on the gloves and won them at auction's close for $53 and change. Per the terms of the auction, winning bidders are to contact me within 3 days of auction's close regarding when payment will be made; payment is expected within 7 days. When I didn't hear from him by day 5, I sent a 2nd invoice notification and asked him to please let me know when to expect payment. He finally contacted me the day payment WAS DUE to tell me he sent a Money Order THAT DAY--which gave me no option to request an immediate/electronic payment method from him. In addition, I let slide the fact that his payment would be at minimum 3 days late (ebay encourages "customer service", after all!) via a payment method that ebay now considers "unauthorized", I waited for this supposed M.O. to show up. And waited...and waited. I'm still waiting.!

I contacted this buyer when his payment still had not arrived after 5 business days (Fl to IL), and asked him to please contact me since payment was now past due. I gave him 48 hours to respond and when he did not, I relisted the item, which ebay says I'm within my rights to do. I then filed an "Unpaid Item" dispute w/ebay, since at the very least I wanted to be reimbursed for the initial listing fees, as well as the Final Value Fee that ebay deducted.

Within an hour of filing the dispute--what do ya know!--the buyer contacted me and said the payment should have been received, to which I responded, Yes it certainly should have! He became increasingly agitated, sent a number of very rude emails and threatened me w/negative feedback, which I reported to ebay since they claim that is feedback extortion. Since the item had already been relisted due to non-payment, I told him I would happily mail his payment back via Certified Mail were I to receive it; I also suggested he contact USPS since money orders can be tracked and confirmed cashed only if the original buyer files claim PS401. Ebay then allowed him to file an tem not Received/Not as Described" dispute in retalliation, to which I responded, saying that of course the item hadn't been shipped since IT HAD NOT BEEN PAID FOR.

He demanded that the M.O be returned (never got it) or that the gloves be sent (they weren't paid for); both requests seemed to me to be impossible.

A few days later he left negative feedback (which I cannot do in return b/c ebay has changed the rules) which I was surprised ebay allowed. That brought my 100% feedback rating gathered over the course of two years and over 1500 transactions down to 99.6. I contested this, ebay said, quote: "even if feedback is unfair, inflammatory or untrue, it will not be removed." Um...what?? I let it go until yesterday, when I had had hardly any hits on my newly listed auctions, got suspicious and checked my "Detailed Seller Ratings", which had been brought down significantly by this buyer and thus my search standing went from "Raised" to "Lowered"--this means that my listed items are almost impossible to find if a buyer does a search on ebay.

I called ebay, once I finally found their number for "Buyers ONLY" on the internet, three times regarding this matter--no one will give me any information and the last time I called, the person who answered the phone actually said "How did YOU get this number?" in the rudest possible way. Since ebay does not allow me to list items for free out of the goodness of their hearts but instead charges a fee for each item listed, and since they take a percentage of what I sell, shouldn't I be able to GET SOME HELP from them??

I am at a total loss as to why this buyer who has never proven payment was made has been allowed to negatively impact my crediblity as a seller that I've worked hard to acheive, as well as dramatically decrease the potential for HOLIDAY sales on the items I list. My new worry is that since there is an investigation into my "Selling Practices" pending they will find in his favor even w/o the burden of proof and deduct money directly from my Paypal account without my consent--can they do that?? They already decided in his favor in the Unpaid Item case I opened, so he has not received a strike for non-payment and I will not get my original listing fees or Final Value Fee back from ebay.

This is so ridiculously long, sorry! I just think it's crazy that I have to provide delivery confirmation and tracking or I am SOL as a seller but this buyer can steal from me twice! Aside from the phone calls, I have contacted ebay approimately 7-8 times regarding the multitude of issues and questions I have and they have responded once to tell me something I already knew. SOMEONE PLEASE HELP if possible--thank you!!
 
Well, you haven't been stolen from. You didn't get paid, and the buyer didn't get the item.

I suggest you have no dispute with the buyer re: extortion. He didn't successfully extort you.

What you have is negative feedback, possibly unfairly left.

Did you file an Unpaid Item report? One of the ways eBay will remove negative feedback is through the unpaid item resolution process.
 
Yes, I did file an Unpaid Item dispute, per ebay's rules as I mentioned in too-great detail in my post.

As I've also said, ebay refuses to remove the feedback (please see original post for details).

Yes, I do have a dispute w/the buyer that he initiated--as I said he filed a retalliatory dispute which ebay is currently investigating on HIS behalf, not mine.

Since I never received payment but ebay does not require him to prove that in any way shape or form as far as I know, I am out $ for listing/FVF's--for no good reason, which I would refer to as theft since I did nothing wrong. I will repeat myself again on another point: my Detailed Seller Ratings which outline 4 specific areas were negatively affected when this buyer WHO NEVER PAID and has NOT PROVEN he's paid was allowed to leave detailed ratings for an item he was never shipped and never physically touched. Not sure if you are aware of the extensive changes ebay has made, but these ratings very much affect your search standing, and my 30-day av. went from "Raised" to "Lowered" status in one day, even though my stats are above average and more than qualify for "Standard" search placement at minimum.

Since my listings that I pay for are now buried inSearch, yes, that is affecting my sales--therefore this single buyer has been given all the power by ebay to do whatever he wants, and my business is suffering because of it--yeah, I would refer to that as THEFT--especially as I have done all I am supposed to do and can't even get an email response from ebay regarding what the buyer's role in proving payment is!! I pay ebay for services rendered on a monthly basis; therefore I am a customer as well and should be treated like one. The ebay behemoth is getting too big for it's britches.

So, PLEASE...does anyone have any legal advice for me?? It would be greatly appreciated. Thank you!
 
I would suggest you estimate how much this incident has ended up costing you. If this incident has ended up costing you at least several thousand dollars in sales, it seems to me that it would warrant a lawsuit against the buyer, which would require that information to be subpoenaed from ebay since, to me, it seems like the buyer is committing fraud and could be a punishable offense under US law, but only if you can quantify how much money you have lost as a result of this buyer's misconduct, will the courts do anything about it and your reports that estimate how much business you've lost as a result of this buyer's fraud have to be as detailed as possible. The next time I deal with a bad buyer, I will be handling the situation the same way I've handled myself when an unscrupulous email marketer sells my email address to con artists. In other words, I will let them know, that if I have to, I will hire a lawyer to investigate the matter and that usually gets unscrupulous people who have tried to hurt me to rectify the situation without me having to hire a lawyer and the truth is, it doesn't matter if you can afford to hire an attorney or not, if the other person gets the sense that you're serious about hiring an attorney, regardless if you really are serious or not, if they think you're serious about hiring an attorney, they will be more likely to work with you so they can avoid being sued.

It is especially powerful if you set up an email address for the sole purpose of posing as your attorney. But whatever you do, do not use that email to try and extort money from them to "settle out of court", crossing that line is what makes a legal, but potentially unethical method of extracting information, a fraudulent method, so whatever you do, do not resort to extorting money from them using this method. If it takes further action that you, posing as a lawyer, cannot actually do, but a real lawyer can, than hire a real lawyer to do that and tell them that "your supervisor" will be contacting them, which is really the lawyer you've hired, so that those actions you told the person you'd take if they don't cooperate, can actually be taken by the lawyer you've hired whom you've informed to the person your dealing with, is "your supervisor".

Either way, something needs to happen to this bad ebayer regardless of whether or not ebay willingly does something about him.
 
I suggest you forget about it and move on with your life. EBay has to give the "unfair" advantage to buyers otherwise there'd be no buyers. Sellers get the shaft... just the way it is... If you don't like it don't sell on Ebay- we both know that will hurt your profit far more than your temporary "lower" status.
 
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