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How do Ebay get away with this?

go4it
go4it Posts: 313 Forumite
I have been scammed on Ebay before (laptop scam). Just set up business with a small low value product, thought I would give them the benefit of the doubt and try again.

First off I registered on Ebay as a business, gave them my business address and details. Within a few days my listing was pulled - because I was not displaying my business address. Despite giving Ebay all the business details, I had not selected the little option in my account to 'display business address'.

With a couple of weeks of starting I was contacted by a seller of similar products demanding that I remove the item as I was infringing their design rights and trademark. I asked them for details and they sent me details of their design rights - of products that looked nothing like what I sold. Plus theu sent me details of their trademark, a word which I don't use at all in the products.

I asked the seller for their business address so that I could send them a full response. No reply. The seller is not registered on Ebay as a business, and does not offer refunds, yet is clearly a business selling a wide range of new products.

Now I've added a couple more products to my listings and I get an e-mail from Ebay a couple of days ago. The same seller has reported me for infringing their design rights and my listing has been pulled. I am told to get in contact with the seller and sort it out - again so far no reply from the seller.

Off I send angry e-mail to Ebay who admit that all anyone needs to do is send in a written signed statement saying they own the design right to a product, and Ebay must remove the listing. Ebay WILL NOT check the design right and have no intention to. If the seller does not respond to me within 5 business days then Ebay will contact them and ask them to contact me.

Short of getting my solicitor to send a letter to the seller what am I meant to do? Ebay have again washed their hands of the whole matter. I have told Ebay numerous times that the seller is not registered on Ebay as a business, yet they do nothing.

For me that is it with Ebay. I cannot see why this company is allowed to trade in the UK. It makes a mockery of business and punished the honest sellers. And to cap it all off I have to wait 21 days to get any money, as despite being a registered business I cannot be trusted until I get a feedback of 20. Sorry for the rant.
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Comments

  • austin
    austin Posts: 560 Forumite
    i think you should make the same complaint as they are. after all, theyre claiming its the same product & trademark. complain to ebay. get them to pull their listings. see how they like it. you've been down every avenue you can. is it worth shelling out for a solicitor because someone is kicking up a stink that they cant prove? its sounds like they know how ebay works and theyre exploiting that to their advantage.
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    If you rented a shop in the high street would you expect the landlord to sort out a selling dispute with another shop?

    No I dont think so. So why does everyone expect ebay to sort these sort of things out. Ebay is a vehicle to selling it has rules but disputes between sellers need to be sorted by them.

    If you are in the right a solictor to write to the other seller and ebay (so that you can sell the items again) is probaly your best option
  • go4it
    go4it Posts: 313 Forumite
    cyberbob wrote: »
    If you rented a shop in the high street would you expect the landlord to sort out a selling dispute with another shop?

    No I dont think so. So why does everyone expect ebay to sort these sort of things out. Ebay is a vehicle to selling it has rules but disputes between sellers need to be sorted by them.

    If you are in the right a solictor to write to the other seller and ebay (so that you can sell the items again) is probaly your best option

    Ebay first pulled my listings because I was not showing a business address. Yet a seller who is not business registered, not offering refunds and is clearly a business (they have design rights and trademarks) is allowed to trade as normal.

    The whole system is open to abuse and it should not be up to the sellers to sort it out. I will not get a response from the seller at all. If Ebay do not have anything in place to sort this out then quite frankly they should not exist at all.
  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    anyone know how long it takes for ebay to send the sellers contact details. Im still waiting since thursday and I need to return an item.

    The seller has an ebay shop but nowhere in the listing is their business address, should it be as per the OP's complait here?
  • go4it
    go4it Posts: 313 Forumite
    simpywimpy wrote: »

    The seller has an ebay shop but nowhere in the listing is their business address, should it be as per the OP's complait here?


    Ebay sent me the sellers e-mail straight away.

    Being bullied on Ebay is one thing, Ebay taking side with the bullies is another, but being bullied by a seller using a personal account for business use really takes the biscuit, with Ebay refusing to acknowledge it.
  • markbloke
    markbloke Posts: 341 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    cyberbob wrote: »
    If you rented a shop in the high street would you expect the landlord to sort out a selling dispute with another shop?

    No I dont think so. So why does everyone expect ebay to sort these sort of things out. Ebay is a vehicle to selling it has rules but disputes between sellers need to be sorted by them.

    If you are in the right a solictor to write to the other seller and ebay (so that you can sell the items again) is probaly your best option

    Hilarious. Did you even read the OP? This is akin to one shop complaining to the landlord that the other shop is selling fake goods, and the landlord throwing them out on the street without investigation. Ebay has already stepped in to "sort it out" in an entirely callous fashion. When asked to put things right they shrug their shoulders and walk off as usual.
    Reading this signature is a waste of time
  • fuddyduddy12
    fuddyduddy12 Posts: 36 Forumite
    Why don't you just give us a link to the product that is being sold by this seller. If he/she is not registered as a business seller, then I would report him to HMRC and ebay. If he is a business then he will have to declare what he makes to the inland revenue. He can't have it both ways...
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    markbloke wrote: »
    Hilarious. Did you even read the OP? This is akin to one shop complaining to the landlord that the other shop is selling fake goods, and the landlord throwing them out on the street without investigation. Ebay has already stepped in to "sort it out" in an entirely callous fashion. When asked to put things right they shrug their shoulders and walk off as usual.

    DId you read the original post I did. The reply are obviously a little over your head.
  • MilkyJoe
    MilkyJoe Posts: 505 Forumite
    Part of the Furniture Combo Breaker
    markbloke wrote: »
    Hilarious. Did you even read the OP? This is akin to one shop complaining to the landlord that the other shop is selling fake goods, and the landlord throwing them out on the street without investigation. Ebay has already stepped in to "sort it out" in an entirely callous fashion. When asked to put things right they shrug their shoulders and walk off as usual.

    I agree. Pretty much what I was thinking.
    It's not even another shop (business) complaining. It's akin to a street trader or something.
    The View Belongs To Everyone
  • aqueoushumour01
    aqueoushumour01 Posts: 1,687 Forumite
    it's clear what is happening here. the other seller knows that if they report the OP they'll get their listing pulled, so no more competition. The OP is selling goods that are similar in nature to the other seller so the other guy is being devious. Well, as they say, don't get mad get even. Report them to inland revenue so that if they are not already paying tax they soon will be, report to ebay for not being registered as a business, and report their listings in the same way they've reported the OPs. As soon as they see that the OP's willing to fight to stay in business they may back off.
    :D
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