Taking Legal Action against Ebay - Indefinite Suspension

BADBT_2

Alfie,

Thanks for your email. I see the address is now for Taylor Wessing, and not for eBay. eBay probably just asked them to register the company, at the Law firm's address.
As none of the property there, belong to eBay any judgement could not be enforced.

Therefore, the fact that eBay is registered in Luxembourg basically makes legal action impossible. After what you have said, I agree legal action would probably be a waste of time and money (as it's in Luxembourg).

There are many other people selling those Iphone sims on Ebay, without problem, and it is a legal method, so I don't particularly see anything wrong. It was more the software I was thinking, because I guess pirated software is about in plenty, but eBay doesn't even tell me what the item is!!!

I would not like to deal with eBay, and have set up an account on ebid yesterday, but had Zero bids!!! The problem is that there's no competition to eBay, and until that changes, eBay is not going to change!

I think I'll send those items for Reinstatement, but as they've said they won't look into it until Jan 09, I guess they will either ignore it, or (if Im lucky), might send an automatic response saying its too early. Worth a try though I guess!

I think as Mum2One says, I'll try to contact some papers, and mention the fact that Im a student paying expenses myself.

Let eBay know of my change in plans as well!

Asim

chuckles1066

BADBT wrote: »

Alfie,

Thanks for your email. I see the address is now for Taylor Wessing, and not for eBay. eBay probably just asked them to register the company, at the Law firm's address.
As none of the property there, belong to eBay any judgement could not be enforced.

Therefore, the fact that eBay is registered in Luxembourg basically makes legal action impossible. After what you have said, I agree legal action would probably be a waste of time and money (as it's in Luxembourg).

There are many other people selling those Iphone sims on Ebay, without problem, and it is a legal method, so I don't particularly see anything wrong. It was more the software I was thinking, because I guess pirated software is about in plenty, but eBay doesn't even tell me what the item is!!!

I would not like to deal with eBay, and have set up an account on ebid yesterday, but had Zero bids!!! The problem is that there's no competition to eBay, and until that changes, eBay is not going to change!

I think I'll send those items for Reinstatement, but as they've said they won't look into it until Jan 09, I guess they will either ignore it, or (if Im lucky), might send an automatic response saying its too early. Worth a try though I guess!

I think as Mum2One says, I'll try to contact some papers, and mention the fact that Im a student paying expenses myself.

Let eBay know of my change in plans as well!

Asim

About 6 years ago, I read an article that said "eBay cares as much about it's customers as much a dog does it's fleas".

It took me a couple of years to realise that comment was absolutely spot on.

Avoid them like the plague.

vaio

First hurdle....

Welcome to eBay. ……… If you reside in the U.K. or another country that is a member of the E.U. you are contracting with eBay Europe S.à r.l., 15 rue Notre Dame, L-2240 Luxembourg………

Second hurdle…….

We…….. shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.

Regardless of the previous paragraph, if we are found to be liable, our liability…….to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.

Other things…..

Are you registered as a business seller?

Can you legally unlock an iphone?

soolin

Can you legally unlock an iphone?

I thought that the manufacturers were quoted as saying they would not allow the iphone to be unlocked and wouldpersue anyone doing it. Could it be them that reported you to ebay and got you suspended? However,it is very very unusual to get suspended on a first breach..have you other warnings on your account for anything?

jeffkenny

You are not alone! I was happily selling genuine DVDs on eBay for a year, when suddenly last November, my listings were ended and my account was suspended for 7 days for exactly the same reasons; trademark violation (which means selling fake/counterfeit/replica items). My listings were all "Buy It Now" and listed for 3 day spells. The DVDs were all purchased through a very reputable High Street retailer, so I know 100% that they were genuine. None of eBay's replies to my emails were of any help and were obviously cut & pasted from standard replies. They all simply told me to read their policies!

Using a friend's acccount, I asked questions on the eBay Forum as to what I could have done wrong. The majority of people felt that it was because I was selling Region 2 DVDs worldwide and some of these DVDs wouldn't be available in the US and would be viewed as a trademark violation. I thought this crazy, as I had been selling worldwide for a year prior to this.

So, after the 7 days were up, I relisted my DVDs, but to UK & Europe only, not worldwide. Then, after a few days, my listings were removed and my account suspended again, Again I entered into email tennis with eBay, but all they kept saying was "please review our policies...". Very unhelpful.

Anyway, someone I work with reckoned it was because I was listing "Buy It Now"s on 3 day listings which are the most popular way of scammers and fraudsters to list and that anything copiable like DVDs, computer software and CDs, are viewed by eBay as "potentially fake" if they are listed this way! Rather than check a seller's feedback or investigate the items, they just remove them and accuse the seller of selling counterfeits! It doesn't matter how loudly you protest, they aren't interested and will only email you (if you're lucky!) with a bog standard, cut & pasted reply.

I am now selling my DVDs again through a friend's eBay account, except with 7 day listings and haven't had a problem in six weeks! I have also opened a new account in my own name but which I haven't used yet and eBay haven't done a thing!

eBay are without doubt a law unto theirselves!

soolin

jeffkenny, trading on ebay while suspended on another account is a huge mistake. If you get caught, your suspension and that of the friend whose account you are using will be barred for good.

You say ebay are a law unto themselves, however you really do need to understand their policies to trade safely.

jeffkenny

I fully understand their policies, but I don't think they do! They accuse people of selling counterfeit goods and suspend their accounts without checking and then refuse to listen when a genuine seller (such as myself) tries to tell them they are wrong! None of the DVDs that I sold were counterfeit and my 100% positive feedback of over 600 proved it! Yet they decide on God knows what grounds that suddenly one day I am selling "potentially infringing items" and I get banned!

Anyway, my friend lets me use his account because he doesn't use eBay anymore and I am already banned indefinitely, so I don't really have a lot to lose, do I?

And under English Law, all mobile 'phones that are locked to a network are able to be unlocked perfectly legally. The reason people think unlocking 'phones is "dodgy" is because of all the market stalls etc. that have unlocked stolen phones in the past. Now that is illegal!

BADBT_2

soolin wrote: »

I thought that the manufacturers were quoted as saying they would not allow the iphone to be unlocked and wouldpersue anyone doing it. Could it be them that reported you to ebay and got you suspended? However,it is very very unusual to get suspended on a first breach..have you other warnings on your account for anything?

Unblocking is illegal (when network bar a phone once it's been reported stolen).
Unlocking is legal, and is allowed (esp, if you are unlocking an American AT&T phone to use in the UK.. which is what I am doing).

Vaio:
Re- Second hurdle: This particular limitation of liability clause is not legal. It is an unfair clause that makes the whole agreement null and void. Liability is based on statutes, not on what company can say. The fact they are limiting it to the equivalent of fees paid to them for a listing, is unfair as liability to each customer depends on how much revenue eBay has received from them.
But because of the first hurdle, it'll be difficult to make a court case anyway. Can't believe eBay can get away with this!

I am not registered as a Business Seller, as I am a student, not a registered Ltd. company.

I was suspended on my second breach, the first having been around six months ago (before I started actively selling on eBay).

jeffkenny: I sympathise with you. At least it was just seven days. One year seems out of order! I wouldn't trade from another account, unless it was using another computer and another internet connection. Otherwise, they will match both IP addresses, and could suspend both of you.

Also, my listings were mostly 7-day featured, so don't think it's the 3-day case.
Lets see what happens. I'll keep you updated

Asim

jeffkenny

Apple and o2 aren't happy with people unlocking the iPhone, but there is nothing in English Law that prevents it. All they have said is that unlocking an iPhone will invalidate the manufacturer's warranty. In France it is actually illegal to lock a phone to a specific network to encourage a free and fairer market and all phones there are unlocked. Plus the iPhone there is significantly cheaper.

BADBT_2

Oh. One more thing!
I found a Facebook group : "Former Ebay employees" and sent messages to those in the UK, if they could give me an address.
Here's a reply I received:
Re: eBay

"Sorry Asim, I'd love to help, but we were always told not to give the address out..."

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