Untrue Negative Feedback on eBay. Actionable?

[haggis1984]

Hi,

I operate a small business on eBay. A customer has left negative feedback recently which I can prove is untrue. Ebay customer services have declined to remove the feedback. Would it be possible to bring a breach of contract claim to have the feedback removed? My business's reputation is very important to me so I'd really appreciate any input.

Thanks

Nick

[des8]

Re: Untrue Negative Feedback on eBay. Actionable?

Hi Nick,
So you've been hit by feeBay's helpful attitude towards sellers
Not that it is much use to us, I believe the American site has what they call a "Square Trade" mediation policy which (for yet another fee) can deal with the problem)

Although feedback can be important I doubt if one negative response (to which you can add your side of the position)
will adversely affect your reputation.

Even if legal recourse is a possibility I personally would not like the stress of taking eBay to court for breach of contract, or the buyer for libel. Nor the risk of losing!

IMO best advice would be "comment on negative feedback" and then forget it and continue with business. No matter how good you are , you'll always get someone complaining.

[wales01man]

Re: Untrue Negative Feedback on eBay. Actionable?

Is this the only negative on the seller?

[haggis1984]

Re: Untrue Negative Feedback on eBay. Actionable?

Thanks for very fast input!

Yes I have replied to the feedback. My thinking was to bring action against the buyer. I didn't think there would be be a need for libel - it could just be a breach of contract claim due to the feedback being untrue and in breach of eBay's feedback policy.

From eBay.co.uk

'Any Feedback you leave is public and permanent, so make sure that your comments are fair and factual'

There are also a number of statements on eBay.co.uk stating that a buyer should contact a seller before leaving negative or neutral feedback - I have had buyers completely fail to contact me and then leave negative feedback.

And yes negative feedback is only on the seller...sellers can only leave positive feedback for buyers. Anything other than a positive statement is deleted by eBay and the seller given a warning or suspension.

[wales01man]

Re: Untrue Negative Feedback on eBay. Actionable?

I would never contact a seller before leaving negative feedback

[haggis1984]

Re: Untrue Negative Feedback on eBay. Actionable?

Why not? When a buyer leaves negative feedback there is a prompt from eBay instructing the buyer to contact the seller first.

Contacting the seller gives you an opportunity to get your money back and allows the seller to correct an error. If a buyer contacts me about an error I have made at the very least I will make sure that they get a refund and are not out of pocket for the cost of returning the item. Or negotiate a partial refund. If it's an inexpensive item I just issue a refund and allow them to keep the item.

By giving negatives without making contact first the honest, genuine sellers are tarred with the same brush as those who are less than honest. And isn't the whole point of feedback to give buyers warning as to who will potentially rip them off?

[des8]

Re: Untrue Negative Feedback on eBay. Actionable?

Whereas I always complain to seller first, to give them a chance to correct what might be a genuine error on either side. We all make mistakes sometime and it is how you put it right which counts. Put an error right, and what was going to be neg feedback can become positive.

A breach of eBay's policy MAY not be a breach of contract. Leaving a false derogatory statement is more likely to be libellous. But as I said previously, although you are rightly jealous of your good eBay reputation, I don't think one wrong neg feedback is anything to worry about and I personally would ignore it and move on.

[haggis1984]

Re: Untrue Negative Feedback on eBay. Actionable?

Whereas I always complain to seller first, to give them a chance to correct what might be a genuine error on either side. We all make mistakes sometime and it is how you put it right which counts. Put an error right, and what was going to be neg feedback can become positive.

A breach of eBay's policy MAY not be a breach of contract. Leaving a false derogatory statement is more likely to be libellous. But as I said previously, although you are rightly jealous of your good eBay reputation, I don't think one wrong neg feedback is anything to worry about and I personally would ignore it and move on.

Thanks Des I'm very interested in

'A breach of eBay's policy may not be a breach of contract.'

Would be very grateful if you could elaborate on this, or point me in the direction of some further reading.

[wales01man]

Re: Untrue Negative Feedback on eBay. Actionable?

I never have left negative feedback in all the years I have used ebay if I see a seller has loads of bad feedback I avoid them as foe ebay contracts I think they side with buyer most times

[des8]

Re: Untrue Negative Feedback on eBay. Actionable?

Wales is right in that eBay tend to side with buyer.

I THINK there are 2 contracts here:1) Your contract to use the site & in return pay eBay fees.
2) contract between buyer & seller.
Feedback does not have to be left, so I don't see why leaving unfair feedback would be a breach of either contract.
Also I doubt if eBay's feedback policy is more than an exhortation to do the right thing, and therefore not a condition of either contract.

As you reckon what was written was untrue and destroys your reputation that leaves you with the expensive and uncertain libel route.

I suppose you have tried communicating with buyer to try and resolve his criticism, because if you can eBay will allow the feedback to be revised.

I still think your best course of action is to respond to the negative feedback, and move on.

[labman]

Re: Untrue Negative Feedback on eBay. Actionable?

I had this recently regarding the sale of a mobile phone (broken). The buyer was extremely nasty, telling me in messages EBay would rule in his favour when the dispute was heard. He was right.

However, somewhere, I discovered you can appeal their decision, and this is exactly what I did. After a few email exchanges I was phoned, I explained my case and they told me there and then that the decision would be reversed, and all money (nearly £300) refunded to me, and taken for the buyer's Paypal account. I asked for this in writing, and they sent me an email immediately.

I had the money credited to my paypal account, withdrew it and promptly cancelled all cards on the account. I then rang my bank and asked for a new card just to be doubly safe.

If you can access this procedure, they're very understanding, BUT you need solid proof to back up what you're saying. If something is a matter of opinion, then it may not help you.

It could be something worth looking into. Looking through my emails, it was all done through the Resolution Centre. I'm afraid I don't remember where I found that! Sorry. :beagle:

[smileyculture]

Re: Untrue Negative Feedback on eBay. Actionable?

The feedback system now is regarded by most sellers, as a total waste of time. EBay is heavily sided on the buyer and the main way of beating the feedback is signed for delivery. We started selling coins and were amazed just how many dishonest buyers there are out there. We had to stop as claiming loss through royal mail is near zero for ebay items. So now its signed for only and our sales are next to nothing. But still losing items as more buyers learn they can report something not arrived and ebay will refund from our money. The feedback means nothing, it does not stop people buying. Our sales are down because people wont pay the extra post, but to be honest, as long as we are not losing stock, we don't care.

[wales01man]

Re: Untrue Negative Feedback on eBay. Actionable?

When we had an online business we started by sending goods out Royal Mail unsigned and so called lost items were about 5% so we changed to signed for lost items were zero and we always checked the items had arrived ,the lesson is don't trust anyone when you sell through the internet in the same way don't pay cash through transfers or things like western union until you see in front of you what your buying .
Simple ways of beating the scammers both buyers and sellers,what more sensible advice does anyone want

[des8]

Re: Untrue Negative Feedback on eBay. Actionable?

I had this recently regarding the sale of a mobile phone (broken). ...... Looking through my emails, it was all done through the Resolution Centre. I'm afraid I don't remember where I found that! Sorry. :beagle:

Resolution Centre is at "drop down" under "customer Support" top right hand of eBay tool bar.