Taking Legal Action against Ebay - Indefinite Suspension

BADBT_2

Hi Everyone!

Im thinking of taking legal action against Ebay, and wanted to know whether you think it's a good idea in doing so, and how I should go about it.

On January 29th at around 6.30AM, I received an email saying my account has been suspended for a minimum of 12 months for trademark violation (which means selling fake/counterfeit/replica items). A few seconds earlier, I was sent an email informing me all my items (6 different items) had been removed as they were violating "1 or more policies".

Putting 2 and 2 together, I thought that they were saying that all of those items had violated trademarks. I replied telling them that none of the items were counterfeits, and proofs could be provided. Some of the items were TurboSims (used to Unlock Iphones LEGALLY), one was an MP3 Player Watch (unbranded etc.), and some was software (all legit). However, I just received their standard replies not really helping.

I then dug up their address from the Companies House website:
[FONT=&quot]Ebay (UK) Limited,[/FONT][FONT=&quot]
50 Victoria Embankment,
London,
EC4Y ODX
I also found a telephone number for this address and called. Reception answered and was reluctant to give the address of Ebay. I then asked him "Are YOU speaking from 50 Victoria Embankment" to which he answered "yes". So, now I know the address is correct. He gave an email address where he said I could send my concerns, and it would be forwarded to the correct department.

So, I wrote a letter telling Ebay,
I had 450 positive feedback on eBay, with only one negative. Had I been selling fakes, my feedback would reflect that.
I also pointed out, I had turned-over around 100k in the last 3 months, earning them over 4k in fees in the last three month. that eBay was my only source of income, and I currently had approx 10000pounds of unsold stock, which I could not sell as I had no alternative sales outlet.
I also justified each and every item, telling them why it was not replica/counterfeit (as I had done through their internet customer services as well).
I gave them until Wednesday 6th Feb, before I would take legal action, until I would take legal action through the Small Claims Court.

I sent this letter on Wednesday evening by email (to the address given by 50 VIctoria Embankment), and sent it 1st Class Recorded on Thursday, which has been delivered on Friday.

I don't think they are going to reply by Wednesday. I plan to send another letter on Tuesday, giving them an extension until Friday. But knowing eBay, until a summons arrives, I don't think I'll hear anything from them.

So now you're help:
1) Do you think how I've dealt with the matter so far is correct
2) What can I sue eBay for? MCOL, requires a specific monetary amount. I guess if I sold the stock, I'd only be able to sell it to a family/friend, for around 4k less than cost (as that is not their line of business). I guess I could claim this 4k loss. Anything else I can claim?
3) I realise I have given them little time (just over a week), but I really need the income, and could do with 10k cash, rather than sitting stock. Considering the amount Ive paid eBay, I think I deserve better than this.
4) Also, do you think it's a good idea informing eBay of this thread?, if I get good positive replies.

NOTE: There is no doubt, that the items that were being sold were not counterfiet/replicas. I have all the receipts etc from reputable suppliers and that would definitely stand in court.
I agree eBay has made a mistake, and I'd grant them that they make mistakes in trying to make eBay a safe marketplace, but the fact that they fail to admit to it, and reinstate the account, I am indeed disappointed.

What do you think I can do. Im 99% sure, from what Ive heard, eBay don't reply. What should I write in the small claims court summons?

If anyone else is in a similar situation, please pm me. I would consider a class-action suit as well.
[/FONT]

suckmaster.burstingfoam

No idea on most of your points, except #4 - don't make them aware of this thread! It could only ever be a bad idea.

chuckles1066

BADBT wrote: »

Hi Everyone!

Im thinking of taking legal action against Ebay,

Three words: don't do it

Smi1er

What exactly are you going to sue them for?:rotfl:

Keep in communication with them and try and sort it out.

BADBT_2

Smi1er wrote: »

What exactly are you going to sue them for?:rotfl:

Keep in communication with them and try and sort it out.

That's exactly what I'm thinking! I could sue for my losses. Because they closed the account without notice, for no reason, and failed to resolve the concerns, I incurred losses, and they are responsible for that.

But how can I put a value to the losses!

chuckles1066

BADBT wrote: »

That's exactly what I'm thinking! I could sue for my losses. Because they closed the account without notice, for no reason, and failed to resolve the concerns, I incurred losses, and they are responsible for that.

But how can I put a value to the losses!

A District Judge will ask you EXACTLY what losses you have incurred.

And then how you arrived at that value.

And then he might even find in your favour and issue a CCJ against eBay (who won't have bothered turning up for the Hearing).

eBay will throw the CCJ in the bin and after 28 days you'll have to go apply to go back to the same District Judge, pay some more money and apply to have the Judgement enforced.

And then you'll have to decide whether to send bailiffs in to their Registered Address (which is almost certainly just a small building with one man and an antiquated pc).

It ain't worth it, trust me.

mum2one

I would try and sort it out with them, as 7 days is not really enough, if your claim is over £5k, then this leaves the small cliams court,
From my thinking (personal opinion), if you can prove (sorry is this is what you have already said etc). that the items are geunine, that you have been trading on ebay since xx date, your sales ie - does every item sell or what % of your listing sells, that ebay is your only means of income, then I think you have a case, not just from a monetary value, but could border a civil action for slander, if they are accusing you of selling fakes, and you are not.

Playing devils adovocte
Ebay could argue that they invite you to sell through them,its not an absolute right or an absolute guarantee tha they will accpet you.

Bear in mind that court action couldbe expensive and also time consuming, as by the time papers have gone back and forth, and allowing forany nips in the system,you could be looking at 2 months from applying for court to an actual hearing.

I personally would go back to ebay, but send the letter by special delievery, (pay more apr £5.00), and point out the facts above but you have to give them at least 14 days, but you could get round that by saying you wroteon xx/xx/xxthey recuieved the letter on xx/xx/xx and orignally you allowed 7 days but as a goodwill gesture you will allow an extension of 7 days from delievery of this letter.

If you dont get anywhere - go public - contact a few papers, the bad publicity will get there a lot quicker than a court action. xx

BADBT_2

Chuckles 1066: Thanks for your comments.

Im thinking I agree with you that Ebay will not bother turning up in court, as for a 4k claim, they'll either settle out of court (by reactivating my account), or if they DO NOT do that, I don't think they will waste their Legal time pursuing a 4k claim. Costs are not usually awarded in Small Claims Courts.

If the CCJ IS thrown into the bin, I'd get the judgement enforced, but your point about the Registered address being just a building, is very valid. I guess as Im in London myself, it may be worth going to see if there is anything!

To Mum2One & Chuckles 1066:

The reason I am using the Small Claim procedure, rather than a civil lawsuit of libel or Slander, is that the former is the cheaper option. I'm a student and ba sically use Ebay earning to pay my tuition fees and living expenses. A 4k claim will cost around 150 to serve summons, and maybe another 100 to get it enforced. Hopefully, eBay will just activate my account, in which case Im willing to even lose that 250, as I'll make that back when I start selling.

Libel and SLander is a much more expensive and long-drawn process.

I realise it could easily take three months or more to sort this out, if the full court procedure drags out, but Im hoping that eBay will just click one button "activate account", when they receive the summons.

As you advise, I'll be sending another letter on Tuesday, giving them a 7-day extension (on legal advice ;-)), and hope for a response, and will send it by Special Delivery as you recommend.

I personally don't think the big papers will pick up on this. eBay have already had bad publicity through Watchdog, paypalsucks.com, this forum etc., but despite their huge profits, they don't seem to do anything... hence, I dont think publicity will get me anywhere!

Finally, as you say, eBay calls itself an Venue, rather than an auction house. I think that is definitely challengable in court, esp in a County Court, as they often describe themselves in promotional material, as an auction site, and their payment structure (Listing Fees and Final Value Fees) is just like an auction house too! In fact, reading through most of their terms and conditions, it all seems to be ultravirus and against the spirit of the law!

Alfie_E

The main problem with all of this is that your relationship has not been with eBay (UK) Ltd. Your eBay account was provided by:

eBay Europe S.à r.l.
15 rue Notre Dame
L-2240 LUXEMBOURG
LUXEMBOURG

I’m not sure what the purpose of eBay (UK) Ltd is. It could just be a protective registration, to stop someone else from trying to register it. eBay have had open days in this country, ‘eBay Univeristy’, maybe those are funded through that company. Either way, they didn’t make the decision to suspend your account and won’t be in a position to get it reversed. The Victoria Embankment address belongs to the law firm Taylor Wessing LLP. It’s just an administrative address; there’s nothing of eBay there.

The contract you had with eBay Europe S.à r.l. was under English law, and needs to be processed through the English courts. But, you’ll have to send notice to eBay Europe S.à r.l. in Luxembourg. This apparently, is where it all becomes a problem. Time limits that are normally measured in weeks become ones measured in months, when dealing with parties across national boarders. They’re just given more time to respond. Should you win, I believe you’d then have to take it to a Luxembourg court to enforce the judgement.

You don’t seem to have done anything particularly bad, although the iPhone SIMs have the potential to be contentious. While eBay may make very bad decisions with respect to individual users, they’re not always completely unreasonable. They don’t want people going around saying how awful they are, especially given the unfavourable reaction their latest changes have provoked. They want more professional sellers. Professional sellers are not going to want to deal with eBay if they fear they could have their entire business destroyed overnight.

Look at the instructions on eBay’s Suspension & Reinstatement FAQs. Carry out any steps you haven’t done. I personally wouldn’t fax. I’d post to the address in Ireland that’s given. As well as the information they request, you can put in your covering letter that the stuff you were selling was perfectly legal and include copies of the receipts and all the other evidence you have to back this up.

mum2one

Me again.

Good luck with univeristy, Im doing mine through Open Uni thats bad ebnuf!

Trust me re papers, if you come in from the right angle, gets things shifting, I'll give u a couple of examples.

Me - had computer from Currys, packed up within 6 mths, right farce, replaced parts that didnt need replacing then said, got to wait a mth for back up disc to come from France, as it was my fault that I had not created a back up disc - im not a computer technician
Only local paper - but got hold of them, mature student, happen to be disabled on crutches, etc etc. They got hold of Currys, then had a direct contact to deal with, £90 in vouchers and the computer fixed within a week.

My daughter last yr - she was the famous Miss Hoodie -
What started out as a letter to a local paper in Rhyl about my daughter being a security risk because she had her hood of her cardigan up in an amusement arcade - ended up going national and all news channels even News at 10.

When my daughter started school they asked what does ur mummy do, she replied shes a professional kicker off er she does nothing but complain! (Not that bad honestly)

What Im saying is come in from the right angle - in your case your a student trying to pay ur fees, not relying on the goverment etc etc, ur standing on ur own feet.

What about contacting Watchdog?

Without looking at the terms and conditions of ebay, Im working blind, but if they are accusing you of selling fakes, then you should have a case for loss of revenue, falsly accused.

pulliptears

I was always under the impression that it was up to ebay who was allowed to use the site, it's their ball and they can take it away type of thing.

I don't think anyone has the absolute right to use the site, merely the privileged.