Help! Can a seller sue me?

~annie~_2

I bought a computer hardware item on eBay which ended up being DOA when I got it. After much huffing and puffing and a few hacks, I managed to get it working again. I emailed the seller and sent screenshots of the problem, but the seller said it was 100% working and did not reply to further emails. As it was semi-working I did not want to go through the hassle of lodging a PayPal complaint, so I left appropriate feedback.

The seller has now contacted me through eBay with their solicitors details, and has threatened to sue me if I do not remove the feedback. eBay removed the ability to do that recently, so I am not able to do this.

My question is: can a seller sue me for derogatory feedback? I stated the facts in my feedback, did not call him/her names etc, I should add. And second question: if a seller is able to sue for negative feedback (either warranted or not) - doesn't this set a dangerous precedent for all buyers who want to leave negs in future?

Any legal advice would be especially welcome. I am about to leave the country for a month for my MSE wedding and the seller has given me 5 days to respond!
Thanks for all your advice, gratefully received.:eek:

tealady

The 1st question I would ask myself is how much money are they asking from you? I could email anyone saying the Queens solicitor is my solicitor, wouldn't mean a thing.

~annie~_2

They're not asking for any money - they are asking me to remove negative feedback I left for them due to the item being duffed up when I received it.

As eBay removed the ability for buyers to retract feedback, I can't do this. So they have said basically "if you don't remove it, we will sue for slander".

shoperholicnot

tell them to do what they like, if they are going to get a solicitor to 'sue' for bad feedback they must be a: Bonkers or B: stupid

~annie~_2

Ill be honest, the details they sent look legit. OK they might be trying it on, but what if they're not? I really don't want to be involved in legal hassle so close to my wedding, especially since I am about to be out of email contact!
What are the legal rules for slander anyway? And isn't this something they should be taking up with eBay to get removed? I have not responded to his email thus far..

Marty_J

If the statement (i.e. the feedback you left) is true and you can show this, then no, it is not libellous and you cannot be successfully sued for writing it.

He could try if he wanted, but he'd be very foolish.

grannybiker

Sounds like a stroppy seller trying it on when they don't know their @rse from their elbow!
If they knew Ebay policy, they'd know you can't remove the feedback under such circumstances, even if it's untrue.
As for the legal bit, as I understand it, (and I have been known to be wrong sometimes, so won't be offended if corrected!) libel is written, slander is spoken. So they're accusing you of the wrong thing anyhow!
Forget them, they're "Fools!" Go and enjoy your wedding and hope it's a truly magical day.
(P.S. Would be tempted to put in a SNAD with Paypal if you're not out of time, just to let 'em know how wrong they are!)

Brooker_Dave

~annie~ wrote: »

I bought a computer hardware item on eBay which ended up being DOA when I got it. After much huffing and puffing and a few hacks, I managed to get it working again. I emailed the seller and sent screenshots of the problem, but the seller said it was 100% working and did not reply to further emails. As it was semi-working I did not want to go through the hassle of lodging a PayPal complaint, so I left appropriate feedback.

The seller has now contacted me through eBay with their solicitors details, and has threatened to sue me if I do not remove the feedback. eBay removed the ability to do that recently, so I am not able to do this.

My question is: can a seller sue me for derogatory feedback? I stated the facts in my feedback, did not call him/her names etc, I should add. And second question: if a seller is able to sue for negative feedback (either warranted or not) - doesn't this set a dangerous precedent for all buyers who want to leave negs in future?

Any legal advice would be especially welcome. I am about to leave the country for a month for my MSE wedding and the seller has given me 5 days to respond!
Thanks for all your advice, gratefully received.:eek:

It's a hollow threat, ignore it.

flufff

Lodge a paypal claim if you can still failing that tell them your taking them to the small claims court and do so.
There is a live help phone number on ebay
I'm sick to death of receiving items that are faulty, broke, misleading on ebay

pinkshoes

Just send a polite reply through ebay pointing out that the product was DOA on arrival, as you had already notified him of, despite the description saying "X Y Z", and that you had done your best to get it partially working, of which he then said it was 100% working, and did not reply to any further emails to help you fix it to the state described in the product description.

Explain that as he no longer replied to your emails, you had no choice but to try and fix it yourself (without his help) to save having to lodge a paypal complaint, and left appropriate and accurate feedback to reflect the situation.

However, should he want the feedback removing (can you tell ebay to remove it?), he could refund you the cost of the item, postage, return postage, and pay you for your time you've spent fixing it! (Ok, a bit cheeky the last bit, but he'll be getting a product back in a better condition that which he sent it in!).

GregtheHammer

Sounds like a load of hot air to me, Ignore them!