Taking Legal Action against Ebay - Indefinite Suspension

vaio

BADBT wrote: »

…….

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….

I’m not sure it is an unfair clause, and even if it is it doesn’t make the whole agreement void

BADBT wrote: »

……. 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……

With a few exceptions liability flows from a contract, which statutes are you talking about?

BADBT wrote: »

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

Another sticky bit, I don’t see how you can claim for loss of income, loss of value in stock if you haven’t registered as a business seller. As your turnover is 400k a year I don’t think there is any doubt you are a business seller and Ebay could have tossed you off because you are misleading people about your status. Are you VAT registered?

chuckley

u need to find out EXACTLY what u were taken off for.. as it could be the iphone thing or it could be the other things u sell, e.g, the software, which u say is genuine. but could u have been dealt a fake by ur supplier?

RFW

There are plenty of items that you can legally sell in the UK that are prohibited from being sold on Ebay.

When you open an account with Ebay you enter into their terms and conditions, one of which is that they can remove any item and close your account at any time if they want.

Ebay aren't stopping you from trading, they are stopping you from trading with them. Taking them to court will lose you money. It wouldn't be a matter of Ebay not turning up, they almost certainly would send legal representation and if they win the case (which they most probably would) you would have to pay their costs and I doubt they'd be using a cheap firm of lawyers!

To be suspended for 12 months there is every likelihood that something you were selling had a serious problem.

You are also not registered as a business which by your description of turnover, etc is wrong. I doubt you'd be registered for VAT as if you were you would also be registered as a business. So I'd be more concerned about paying VAT and tax because with that turnover they'll be knocking shortly.

BADBT_2

To your turnover questions, I've only been trading 3 months, where Ive done about 80-100k. This is my first quarter, and I've become VAT registered, but as a sole trader... not a Ltd company, which is what I beleive a business seller is. You need to register once turnover is over 55k (dad's an accountant!), and also allows me to claim back VAT on anything I import (Iphone SIMS, MP3 Player Watches, and games consoles)

RFW, In the Small Claims Court, other party's costs are rarely awarded, unless it is proved that I was wasting the court and Ebay's time on purpose. In fact, I think it is eBay wasting my time, so that wouldn't be a worry. But I think Ive dropped the legal course anyway, as it seems it has to be Luxembourg where anything can be done, and that's too much for me to afford.

Chuckley, I am trying to find out that when in their email they wrote "The following items violated one or more policies", and then gave a lift of seven items, it means they are saying there was something wrong with ALL seven of them... not just the software...or just the TurboSim...or the MP3 player watch... ALL OF THEM.

I have been asking them to tell me what was wrong with each of them. They avoid the question and send a standard reply saying " We have reviewed your account... and have concluded that your account was suspended correctly."

If eBay sent a personalised reply, it would be so much more helpful!

StaffsSW

BADBT wrote: »

To your turnover questions, I've only been trading 3 months, where Ive done about 80-100k. This is my first quarter, and I've become VAT registered, but as a sole trader... not a Ltd company, which is what I beleive a business seller is. You need to register once turnover is over 55k (dad's an accountant!), and also allows me to claim back VAT on anything I import (Iphone SIMS, MP3 Player Watches, and games consoles)

You are buying to resell, therefore you are a business seller, regardless of legal status - ST, LLP, Ltd, PLC etc. http://www.hmrc.gov.uk/guidance/selling/badges.htm
You have other obligations beyond tax - you have to adhere to more consumer protection laws such as the Sale of Goods Act 1979, the Distance Selling Regulations, the Unfair Commercial Practices Directives, the Consumer Protection Act 1987, and the e-Commerce Regulations 2002. eBay also recognise this - http://pages.ebay.co.uk/help/policies/business.html

The VAT Threshold is £64k, not £55k HMRC Link


If you've taken as much as you say you have in such a short period of time, then I don't think the legal cost should be that much of a worry to you, unless your margins are microscopic or you've been operating at a loss. On that turnover, you should be looking at £20k minimum gross profit.

mpython

I think ebay(uk)ltd are based in Richmond, Surrey.

motorguy

BADBT wrote: »

To your turnover questions, I've only been trading 3 months, where Ive done about 80-100k. This is my first quarter, and I've become VAT registered, but as a sole trader... not a Ltd company, which is what I beleive a business seller is. You need to register once turnover is over 55k (dad's an accountant!), and also allows me to claim back VAT on anything I import (Iphone SIMS, MP3 Player Watches, and games consoles)

RFW, In the Small Claims Court, other party's costs are rarely awarded, unless it is proved that I was wasting the court and Ebay's time on purpose. In fact, I think it is eBay wasting my time, so that wouldn't be a worry. But I think Ive dropped the legal course anyway, as it seems it has to be Luxembourg where anything can be done, and that's too much for me to afford.

Chuckley, I am trying to find out that when in their email they wrote "The following items violated one or more policies", and then gave a lift of seven items, it means they are saying there was something wrong with ALL seven of them... not just the software...or just the TurboSim...or the MP3 player watch... ALL OF THEM.

I have been asking them to tell me what was wrong with each of them. They avoid the question and send a standard reply saying " We have reviewed your account... and have concluded that your account was suspended correctly."

If eBay sent a personalised reply, it would be so much more helpful!

Can you clarify, are you registered on ebay and paypal as a business seller or a private seller?

BADBT_2

Hi.

I haven't made 20k profit. Latest accounts (estimated) show approximately 8k gross. Remember ebay and Paypal have taken around 4k in fees (around 8% of margin), so Im only left with 8k
Take into account the tuition fees I pay for university (3k) and accommodation in Coventry (67per week, which is 2680 on a 40-week let), and then weekly expensese of 80 (3200 over 40 weeks), my total uni expenses are 8880, which can be covered just about with the money I have made. But with most of the profit tied up in unsold stock, Im in trouble...

I didn't take a student loan, as I didnt like the idea of ending up with 14k of debt when I graduate.

So, stevew8975, unfortunately, legal action over and above the Small Claims Court would be costly (unless you want to take it up on a no win no fee basis ;-)). I have been adhering to the DSR (7 day return), as Im a ST, but havent really looked into too much detail in the Sales of Goods Act, which I know is more or less common sense.

I agree, I should've registered as a business seller on eBay (and reading through eBay, I could be a powerseller now as well, as I qualified (before disqualification). Their powerseller phone support may have been more helpful! MY MISTAKE!

On Paypal Im a Premier verified, and on eBay, I was a non-business (so I guess, personal seller). Paypal did notice high transaction volume and limited my a/c until I sent more docs (proof of ID, address etc.) but didn't mention about any business upgrade, s o it didn't really cross my mind!

I have also found a Richmond address.
eBay UK
PO Box 659
Richmond
TW9 1EJ
I'll send them a letter too, while I push online customer support for a personal reply. Has anyone ever received a personal reply from eBay btw, or am I wasting time?

chuckles1066

BADBT wrote: »

Has anyone ever received a personal reply from eBay btw, or am I wasting time?

I can't really add anything to what I wrote in post #3?

Save your time, money, hairline and blood pressure........

motorguy

BADBT wrote: »

Hi.

I haven't made 20k profit. Latest accounts (estimated) show approximately 8k gross. Remember ebay and Paypal have taken around 4k in fees (around 8% of margin), so Im only left with 8k
Take into account the tuition fees I pay for university (3k) and accommodation in Coventry (67per week, which is 2680 on a 40-week let), and then weekly expensese of 80 (3200 over 40 weeks), my total uni expenses are 8880, which can be covered just about with the money I have made. But with most of the profit tied up in unsold stock, Im in trouble...

I didn't take a student loan, as I didnt like the idea of ending up with 14k of debt when I graduate.

So, stevew8975, unfortunately, legal action over and above the Small Claims Court would be costly (unless you want to take it up on a no win no fee basis ;-)). I have been adhering to the DSR (7 day return), as Im a ST, but havent really looked into too much detail in the Sales of Goods Act, which I know is more or less common sense.

I agree, I should've registered as a business seller on eBay (and reading through eBay, I could be a powerseller now as well, as I qualified (before disqualification). Their powerseller phone support may have been more helpful! MY MISTAKE!

On Paypal Im a Premier verified, and on eBay, I was a non-business (so I guess, personal seller). Paypal did notice high transaction volume and limited my a/c until I sent more docs (proof of ID, address etc.) but didn't mention about any business upgrade, s o it didn't really cross my mind!

I have also found a Richmond address.
eBay UK
PO Box 659
Richmond
TW9 1EJ
I'll send them a letter too, while I push online customer support for a personal reply. Has anyone ever received a personal reply from eBay btw, or am I wasting time?

So they might have banned you for not being an authorised reseller of some of those items, or so being registered as a private seller would imply.

OR they could simply have cracked down on you for simply selling so many new items as a private, non business seller?