I'm going to have to sue eBay
Summary: In the forum, gogatraylo0 shares their frustrations with eBay following disputes related to sales, where they feel the decisions made went against the terms and conditions. Despite initial assurances from customer service, the disputes were resolved in favor of the buyers, resulting in the suspension of their account. Other participants, such as valhelen72 and iodangie, share their own negative experiences with eBay and worry about the legal implications while gogatraylo0 considers taking legal action. Later, gogatraylo0 announces that they won their court case, prompting other users to consider similar actions.
Hello everyone,
I’m sharing my misadventures with eBay here. I decided to start selling on ebay as a private individual almost 1 year ago now. Everything went well until the day I sold an item worth more than €1000 to a buyer. The buyer refused delivery twice without giving a reason, but eBay’s customer guarantee does not cover the buyer in this case (https://www.ebay.fr/help/policies/ebay-money-back-guarantee-policy/la-garantie-client-ebay?id=4210). Nevertheless, the buyer decided to open a dispute for item not received a few minutes after refusing the parcel for the first time. eBay customer service on the phone reassured me by telling me that the dispute would be decided in my favor. They asked me for the shipping slip to verify that I had sent it to the correct address, then they asked me for proof of receipt. I told them that I could not provide proof of receipt knowing that the buyer had refused the parcel, so he had not signed anything. Customer service then told me they would pass on this information, then a few days later the dispute was ruled in the buyer’s favor... So I called customer service, who told me it was a mistake and helped me contest the dispute. Contestation rejected... Customer service did not understand and then said they would reimburse me for the selling fees and shipping costs.
I then reported the buyer and left him a negative review, and my account was then permanently suspended because I pose a risk to the eBay community!!! Goodbye to the reimbursement of fees.
A few days later, a second buyer decided to open a dispute for item not received, even though tracking showed it had been delivered 12 days earlier!! I suspect he did this after receiving an email informing him that my account had been suspended (I myself once bought an item on an account that was later suspended and I received an email informing me of it). Anyway, 5 minutes later after the dispute was opened I called customer service, who told me that the dispute had already been decided in the buyer’s favor since my account is suspended. The reason given was that I had not provided a tracking number, even though the tracking number was provided since I went through Packlink and the tracking is associated with the item on eBay! The decision cannot be challenged because my account is suspended.
I also note that there is no empathy from eBay customer service since my account was suspended. They don’t understand that I’m trying to recover my €1600...
I contacted eBay several times through the fraud enforcement website, I provided them with the tracking details, the shipping slips, the proof of receipt, they refuse to admit their mistake and the violation of their own terms and conditions!!
I also point out that the clause "we suspend you without telling you why" can easily be considered abusive. If I have violated your terms, you must prove it. With this condition, company X could ban users for religious, ethnic, and therefore discriminatory reasons without ever having to justify itself. French law takes precedence over eBay’s terms and conditions.
In short, I was forced to file a complaint for fraud and breach of trust and I will have to take eBay to court so that they reimburse me and unlock my account... I contacted FEVAD of course, but I think only the courts will allow me to settle my disputes with eBay given their bad faith.
In conclusion, be careful with eBay, they abuse their position, do not hesitate to go to court if you have a problem with them.
arconcept
·1 month agoHello, I’m currently in a similar situation, but not at all related to an attempted scam. Business account, my account was restricted on June 1st; according to them they would give me an answer within 3 business days, my account was unlocked on June 8th, luckily I called them back asking for written proof that I had indeed sent the requested documents, otherwise I’d still be waiting. However, today, June 22nd, my wallet is still blocked; they have to give me an answer within 2 business days since the 8th, and still nothing. I’m fed up with asking them to call me back every week. Every other time, they don’t even call me... I don’t know what else to do except file a complaint...
chanchan110
·11 months agoHello, I have a different but similar story in terms of the approach:
I sold a very expensive and rare video game on eBay (€1,650). I sent the game with three other games as a gift, but the buyer claims that I did not send him the most expensive item (he received the box containing the three gift games, but the very expensive game apparently was not in it). He has already done this to another seller in the past... I have been selling on eBay for 23 years with 100% positive feedback... eBay is not helping me and refuses to open an investigation into him, and I have lost the money and the game... What can I do?
frelonverre
·11 months ago@chanchan110
nothing, cry!!!!!!!!!!!!!!!!
eBay isn't helping me and refuses to open an investigation about it
open an investigation about what and what could the site prove, it's your buyer's word against yours
chanchan110
·11 months agoso why don't they open an investigation into him ...
You have no idea how angry I am about this case
Thank you
frelonverre
·11 months ago@chanchan110
so armed with this explanation, go to court
thomas19301952
·1 year agonareio
·2 years agoHello @gogatraylo0 .
I am one of the regular forum members who haven't participated in this thread so far. A few unpleasant insinuations are pushing me to do so.
First of all, let me point out that your intervention is a very rare case of a matter brought up on the forum all the way to its conclusion. In general, occasional contributors mainly come to complain, ask for help, but rarely come back to say what happened afterward. And yet that would be interesting for everyone.
You did. Which makes it possible to reconstruct your misadventure:
After a few trouble-free sales, you come across a rather unscrupulous buyer who is probably trying to get a full refund for a reckless purchase. He runs off, then opens a dispute. He is unquestionably wrong, and that is what the human employees you contact tell you.
Except that... The automated dispute procedure triggered by your customer is probably not closed. On top of that, you give him a negative rating. Two mistakes. Enough for the robot to suspend you, which catches the attention of a scammer and the site's employees, who grow suspicious.
Given the amount involved, you decide to take the matter to court. (By the way, you use a service that was mentioned on this forum in another thread by a volunteer contributor, I mention that in passing). The matter is resolved as it should be (e-bay cancels its decisions, you withdraw, the court will not intervene)
By the way, you came to the forum. Personally, I didn't see what useful thing I could add to an ongoing case in the hands of people more competent than I am. Besides, you weren't asking for anything Other than reminding everyone of the importance of words, which have a precise meaning, especially in legal matters, which someone else did, there was nothing to say.
It doesn't bother me in the slightest that you remind people that justice exists, quite the opposite.
But for you to ascribe shady intentions to the contributors who share their experience and their knowledge of the site, well ........... After all, that's what you do.. right??
b05999
·2 years agohello
for my part, my volunteering I do it at the soup kitchen and on various occasions in other associations
not on a sales site !!!!!
here's what seems weird to the eyes of
meh to each their thing
frelonverre
·2 years ago@b05999
dyslexia or dysorthography can be treated very well at any age
lingma85
·2 years agoHello @b05999
You write-----> "for my part not on a sales site !!!!! here's what seems weird to the eyes of
"my to each their own thing "
As you say... to each their own thing...
But anyway.... why did you come to the forum... ?
- to admire your own prose...?
- to be read...?
- to ask for something...?
- to prove something...?
etc...
If there are no respondents... what do you do...? l... your own echo...??
As for volunteering... each person sees noon at their own doorstep.... each person brings the help they can where they can and above all where they want... and there is no need to criticize anyone on that subject... that is also the expression of freedom....
Have a nice Sunday
PS
Troublemakers, snitches, bad apples........=... straight into the loony bin with the bad payers etc...
b05999
·2 years agohello
You are more inclined to make that kind of remark than to respond to serious problems caused by Ebay, so take a look at my post and if you have the slightest response to this one
I'm interested
purchases charged twice by ebay
lingma85
·2 years agohi... @b05999
Answer given on your thread.. where a respondent has already given you the steps to follow....
the error must be coming from your one-time-use bank card, which is not recommended on the site.
It's not EBAY that's causing the problems, but its users who don't read the terms of use and do whatever suits them...
Regards
b05999
·2 years agoso then this is the best, am I the one who paid twice? no, I paid for my basket on Friday (debited right away) and ebay issued two separate payments for the same items on Saturday without any authorization from me and of course debited again
a disgrace
I don't use a one-time-use card already
but since tomorrow I'm filing a complaint they'll see what happens next in court or with a mediator if they want, with damages / compensation at the end
lingma85
·2 years agore... @b05999
You intervened on a thread where there is also a reply that may interest you....
Check out the posts of @gogatraylo0
Best regards
gogatraylo0
OP2 years agofrelonverre
·1 year ago@@b05999
we don't have to be empathetic toward everyone, so avoid mistakes like putting items in the cart, pay for each item separately
AI has never been up to par at ebay
gogatraylo0
OP2 years agoI think most people don’t come back to tell the rest because they give up; me, I see things through to the end, in life you can’t rely on others to fight for us.
Then, yes, I wasn’t asking for anything special by posting on this forum other than sharing my criticisms of eBay.
Lastly, I mention "shady intentions" because I wonder whether there might be moderators being paid to discourage people from going to court... but also because I think that in France we have a big problem: we’re afraid to take companies to court... and as a result companies abuse consumers. It’s a mindset I’m fighting against; we’d all be much better off if companies were afraid of consumers and took them seriously. When some internet users tell me that after losing more than €1000 because of eBay I need to "move on", that’s a serious mistake; it’s because of that mindset that companies violate consumers’ rights.
thierrfal-0
·2 years agosorry for the typos and accents my laptop being Moldovan, I also was a victim of a ban without any explanation from Ebay, admittedly I haven’t lost any money, but unfortunately given Ebay’s dominant position selling on another platform is illusory, so yes I agree with the fact that Ebay also has duties and should not act arbitrarily, ps I was banned from Ebay just by chance when I filed a complaint because Ebay had charged me their commission twice, matter settled but because of that, the fact that I didn’t bend over, Ebay considers me a fraudster haha, So yes admittedly I haven’t lost any money but because of Ebay’s dominant position I’m forced to use this platform and I have an appointment on June 19 for a conciliation
gogatraylo0
OP2 years agoHello,
I'm bringing news about my misadventure. I went to court against eBay and well, I won... eBay reimbursed me for all the money I had lost + compensation and unbanned my account, then asked me to withdraw from the pr*cès because they were too afraid of losing more.
I don't know why there are so many people who discourage others from going to pr*cès against eBay on discussion forums (are they people paid by eBay??, disguised moderators trying to discourage people??) in any case, don't hesitate to do it because it works very well.
Anonymous User
·2 years agoGood evening,
Could we get a scan of the judgment? 😂
You never know, it might come in handy.
gogatraylo0
OP2 years agoThere was no judgment. Basically what I did was file with FEVAD (mandatory step) to enter mediation with them (it took 3 months). I had contacted the fraud investigators earlier (signal.conso.gouv.fr) but their response was always the same, they refused mediation.
So I went to court (without a lawyer), eBay's lawyer asked for the hearing to be postponed while she reviewed my case, then 1 week later my eBay account was unbanned and money was deposited into my account. Then the lawyer emailed me to ask me to drop the pr*cès.
That's how it works for those who want to do the same thing.
Anonymous User
·2 years agoThanks for the info.
iodangie
·2 years agoHello, I’m delighted for you, but I’m surprised about the procedure.You say you were able to "cancel the trial".....Canceling a trial is not possible under French law! Postponing, yes, but canceling, no. The Court of Cassation is strict on that.In contrast, as the claimant, you can withdraw a summons, a summons which, beforehand, given that you were planning to sue a company (eBay), had to be served by a bailiff.Concerning a summons, it can only be cancelled through a lawyer.A summons is a procedural act by which the claimant summons the defendant or their opponent to appear before the judge. It also serves to inform the competent court within the framework of a specific case.It is possible that the parties in dispute reach an agreement. In the context of a settlement, the claimant and the defendant can dismiss the case. In other words, there will be no further action and the judge will not have to examine the file. Moreover, obtaining proof from a bailiff is mandatory to prove that the case has indeed been closed without further action. Article 838 of the Code of Civil Procedure.I am therefore surprised that you were able to close a civil case before a judicial court so easily......
So if we take into account the various costs regarding this procedure, I do not think you came out ahead.
Best regards
gogatraylo0
OP2 years agoGood evening,
I don’t know why there is such a desire to discourage people from taking scammers to court...
To answer you properly, since I didn’t want to pay a lawyer, I filed a claim for damages under €5,000 (I asked for €4,700). For that, I filed a Request for referral to the judicial court or the local court (articles 748-8 and 818 of the Code of Civil Procedure).
I used form no. 16042*02 (https://www.service-public.fr/simulateur/calcul/16042) which I sent by mail to the judicial court, local division. The hearing then took place 2 months after I sent my request.
Yes, you don’t cancel a trial, you withdraw from it (I used the term cancel to put it in simpler terms), and that’s done by regular letter or even by email because once again we’re talking about amounts UNDER €5,000, and I’m stressing this point because it’s the one you didn’t take into account.
So to bring the case before the court it cost me €7.85 (the cost of the registered letter I sent); to withdraw it will be by regular letter, so just a few euros. Knowing that eBay refunded me several thousand euros, the calculation of "was it worth it" is pretty easy.
In short, no, I didn’t need a bailiff or a lawyer.
frelonverre
·2 years ago@gogatraylo0
well, many respondents who have abstained from participating in this thread, whether because they are tired of seeing the same posts over and over that serve only to vent their authors' anger, will be glad to learn that one of them has seen his process through to the end
but you won't inform anyone, those who come here are only concerned with their own conflict, the others have learned to be wary and so read you the way they read the news in a newspaper
so good luck with your future sales
gogatraylo0
OP2 years agoThat’s exactly a shame. You have to understand that companies wouldn’t behave like this if the people who were wronged went to court. eBay would behave better if every month they had 1,000 users suing them, which is why I encourage internet users not to hesitate to go to court; it’s the only way to make things change.
As for my sales, I have mainly turned to Rakuten, which offers real protection to sellers. eBay is no longer a reliable option for me, even if I wouldn’t hesitate to go to court again if I have another issue with them. I still keep selling a bit on eBay precisely by telling myself that if there’s a problem => court.
b05999
·2 years agopurchases charged twice by eBay for the second time
hello
and on top of that they really don’t give a damn about you, it’s not us who issued those two payments !!!!!!!!!!! yeah right it’s my grandma , from beyond the grave . I find that very dishonest on their part . used my card without my consent, basically nothing stops them . All the way to identity theft of my bank card
so there you go tomorrow I file a complaint
b05999
·2 years agobonjour
Bizarrement des réponses à vos doutes sur les personnes qui répondent très souvent aux post sont retiré moi mon bénévolat je le passe au resto du coeur mes chacun son trip
morane_j
·1 year agoHello,
I have a question: which court did you go through to sue ebay? Did you hire a lawyer?
store-of-collectors
·11 months agoYes, disguised moderators, you can easily recognize them, they reply to lots of messages 🙂
frelonverre
·11 months ago@store-of-collectors
hey, the disguised moderators with no power at all, unnecessary busybodies (I’m one of them) say hello to each other
see you later
isokenshop
·2 years agoRight now, I’m a seller at risk according to Ebay.
The latest dispute was for an item not received even though it was delivered 3 days after shipping.
The full story is as follows:
The first tracking was wrong, an 8 instead of a 9.
The customer files a claim because the tracking showed not delivered.
I check the tracking in my Laposte customer account and I see the error.
I correct the tracking and now it shows delivered to the correct postal code.
The customer gets Ebay customer service involved and they give the refund to the customer.
I make a claim in turn and customer service asks me for proof of delivery.
I send them the tracking details and the delivery to the customer's postal code.
Customer service replies that they need proof with the full address.
I look at Ebay's rules and send them the rule for items under €500: the postal code is enough.
instead of closing the dispute in my favor, they tell me I have to wait 3 days.
That's not a good sign for me.
That's proof that Ebay does not follow its own rules.
lingma85
·2 years agoGood evening @isokenshop
As you indicate--------> = wait the 3 days...
If it falls through, you have the option of contacting @francois@ebay
who should help you in this situation.
Best regards
iodangie
·3 years agopeople don’t go to court over trifling sums. When you sell on eBay, you’re not trying to sell items worth several thousand euros, and even an item worth close to 1000 euros, if you’re even a little sensible, you won’t put it up for sale on the site. Especially now with the new terms.
Before, when the seller was in control of their sales and could manage their payments as they saw fit, that was possible, but not anymore. For example, before they could wait for a cheque to clear before shipping. Now they’re more busy trying not to get ripped off.
As for going to court against eBay, you really have to know what you’re talking about. A lawyer specialized in criminal law won’t be able to advise you on business law and vice versa ..you can bet the T&Cs were designed so that no door is left open to any kind of legal action. T&Cs that, by the way, every seller had to accept before being able to use the site, and which therefore already represent a reason that could lead any claim being dismissed by a court.
Imagine if all the sellers who’ve had a problem with eBay after having enjoyed years of good and loyal service went to court at the first issue!
Especially since the argument would be completely obsolete! You say you want to go to court to recover your money, which I can understand, but also to recover your account.....in short, you’re saying eBay is stealing from you, and at the same time, you’re also going after them because you want to stay there.......that’s pretty contradictory.
I understand that problems can sometimes arise for sellers, but on the other hand, and I’m going to be honest, hearing people complain about eBay, and seeing those same people also complain about not being able to access it anymore really gets my goat...
It looks like a lot of people seem to suffer from Stockholm syndrome....... a lot of people complain about eBay, but on the other hand, don’t want to be banned from it.....
The truth is that eBay is a showcase that a lot of sellers don’t want to do without. So I believe that if people stay, it’s because they do so with full knowledge of the risks, and that those risks were taken into account.
Those who didn’t want to take risks, or didn’t have the means to, quit.
Regards
Anonymous User
·3 years agohello, indeed for large amounts it goes through outside eBay, and like magic everything goes very well, we must still admit that eBay is a very good advertising page best regards
gogatraylo0
OP3 years agoI don't think I'll use eBay again even if I managed to get unbanned, it's mainly that there's a risk the suspension of my account could cause me harm. Imagine that tomorrow I work with an eBay subsidiary or something else and they find out my eBay account was suspended, I could suffer damages. Imagine tomorrow I'm suspended on other sites because eBay shares the information. The risks are high.
Don't get me wrong about the T&Cs, I've read them and reread them, I could beat them on their own turf. Don't forget that the person judging is human like you and me, and doesn't have a huge salary.
In my case, the buyer probably ends up with both the money and the phone despite the tracking and proof of delivery I provided to eBay. Nothing can justify that, it's pure and simple theft.
Know that in the United States, at the slightest problem consumers take companies to court, it's really a shame that the mentality is different in France....
Every day there are court hearings between a grandmother without a lawyer and a multinational, and every day there is a grandmother without a lawyer who wins against the multinational. That's the reality, multinationals lose in court.
museeminiatureflemalle1
·1 year agoAnonymous User
·3 years agoHello,
You write ""don't hesitate to take them to court if you have a problem with them", but you still need to have the financial means to take on a giant like ebay, which has a legal department that is far more competent than its customer service.
gogatraylo0
OP3 years agoWhat you mainly need is time, all the procedures are free and you don't need a lawyer. You just need to have read and reread the terms and conditions to make sure you can beat them at their own game.
gogatraylo0
OP2 years agoHello,
Well, I don’t know if you’re paid by eBay to discourage people by saying that, but would you believe it, eBay gave in at the hearing, they refunded me all the money I had lost + compensation + they unbanned my account. So YES, don’t hesitate to take it all the way to the c*urt case.
gogatraylo0
OP3 years agoI’m also taking this opportunity to make a point to warn sellers: if your account is suspended overnight, any buyer who opens a dispute will automatically be refunded without you being able to say a word, even if the tracking shows delivered, even if you have proof of delivery!
Knowing that an email is sent to notify your buyers, who recently bought an item from you, that your account has been suspended. So there are some smart-asses who have fun opening a dispute to get an instant refund (which happened to me). They just click on "request a refund" (message below).
Here is the message sent to buyers:
Since you paid for this item before it was removed, your order has been processed and you should receive it by the estimated delivery date. If that is not the case, you can still request a refund.
[item number] -[item listing title]
If you have any questions or concerns, please do not hesitate to contact us. We are here to help you.
iodangie
·3 years agoThe way eBay works is, it’s true, opaque at many levels.
Disputes against sellers are increasing, but it’s especially their resolution that raises questions.
Indeed, dispute resolution seems to be based more on the “customer’s face” than on sound rules and regulations. It seems that it is mostly at the discretion of the employee in charge of disputes that day.
How else can you explain the gap that can exist between each dispute resolution? Disputes that seem to have the same criteria and yet are decided differently...
If you want to sue eBay, I advise you to be mentally strong and especially financially prepared, because the amount it will cost you will go far beyond the harm you claim to have suffered.
I would advise you to start by contacting your legal assistance service, if you have one. It will already give you an idea of whether your approach is feasible.
Knowing that finding a lawyer willing to take on eBay will already be complicated, but above all, if you do find a lawyer who agrees, their fees will be stratospheric.
The procedure can take years, unless you file an expedited request, but here too, a lawyer will ask you for additional fees.
You need to be aware that this approach will not get your money back, nor your seller account for a very long time, and even then only on the condition that you win, which is far from guaranteed.
Of course, that does not mean that eBay is an ideal site and that it is beyond reproach, but many have suffered, and to my knowledge none have managed to see such an initiative through to the end.
Believe me, many have stopped selling, myself included, due to the numerous changes made by eBay, which have only reinforced the feelings of insecurity and injustice affecting sellers. The others, the older ones and especially the more seasoned ones, continue to sell but lock down their sales in such a way as to allow no mistakes.
But when you feel victimized by the site, it is better to stop and sell elsewhere, rather than launch into crusades doomed from the start.
eBay is not and should not be an obligation; you have to know how to move on to another platform when you feel cheated or disappointed.
This is not directed at you, but many people rant against eBay, yet almost all want to stay there and get their account back, which is still contradictory considering the harm everyone claims to be suffering...
Best regards
gogatraylo0
OP3 years agoI do indeed notice that there aren’t many court cases against eBay. I know they’re going to try to find the slightest mistake I made to go after me over it, and honestly I think they won’t have much to pin on me.
On their side, they granted eBay buyer protection to a buyer who refused my parcel (in violation of their own terms and conditions), then the second dispute they ruled in the buyer’s favor without taking the tracking or proof of delivery into account (once again in violation of their terms and conditions).
As for my account suspension, I have no idea; I think it’s because I reported the buyer, so they consider that I’m making “abusive reports,” but the buyer did in fact file a fake dispute since he refused the parcel.
I think my case is pretty solid, so I’m ready to give it a shot. I also have two judges in my family, so that helps quite a bit. For losses under €5,000, you don’t need a lawyer (and my relatives often see these cases decided in favor of a private individual even if they don’t have a lawyer). As for bringing a lawsuit, the ruling should apparently take place in 6 months to a year if I do it. I’m pretty determined, especially since in this story, a buyer ends up with my money and my item (€1,600!). And on top of that, eBay is claiming selling fees from me, so they won’t let up until I take them to court to cancel those fees.
I think a lot of people don’t dare go before a judge because they have things to reproach themselves for on the side; in fact, the legal professionals in my family have told me that many times, I need to be above board. eBay also seems to be heavily exploiting people’s fear of going before a judge because they refuse any amicable settlement, so they assume that wronged individuals won’t dare turn to the French justice system.
valhelen72
·3 years ago