eBay Frustrations

[F4]

I know we've got some lawyers on the site, and I could really use some advice.

I recently won an auction on eBay, and immediatly following the end of the auction raised the price of shipping. (I have emails to prove this)

After some straightening out what I thought was mis-communication, the seller insisted that either I pay that shipping rate, or she would not promise the package would get to me, and I had to agree not to hold her responsible if it didn't.

I questioned why the raise in shipping, and she blamed Canada Post, claiming that it costs more to ship from Canada to Canada, than it does to ship from Canada to the USA.

I didn't beleive her, and went to the post office to check on her claims, and my suspicions were confirmed as correct, it would cost about half of what she's quoted me to ship it, and it does not cost more to ship within Canada than the USA.

When I told the seller that I would be checking out her claims, she replied by telling me that she expected an apology when I found out they were correct. Since I found out that they were false, I left negative feedback for her, which said "Raised price of shipping after auction ended. Tried to blame Canada Post", and emailed her and said
Well, now you've gotten what you should expect for making false claims.

Goodbye.

Later she posted this in reply to my feedback Totally untrue, buyer just did not want to honour his bid!

I then received emails from eBay stating that the user was trying to retreive my contact information. I then sent this email back to the user:


There is no point in trying to contact me.

1. I have moved recently, so that contact information is outdated (thanks for reminding me to get it updated though)
2. I have no interest in doing business with someone who makes false claims, and adjusts pricing after the end of an auction. I have left negative feedback, if you can justify it to yourself, then you can do the same.
3. I will consider any attempt to contact me to be harrassment. You're messages are being filtered into my trash bin, and if you contact me in any other way, I will be launching complaints with ebay and, if necessary, the police.

Goodbye, do not contact me again.


My contact information was updated with eBay shortly afterwards, and as I have just recently moved, the first statement is true. It wasn't updated simply as an oversight.

When I got home tonight, I received a phone call from the seller stating that the person would be filling a claim against me in small claims court. And also that they had done three private searches on me to confirm my address.

I was nearly ready to throttle the person, and so my wife called her back, to try and work something out. My thoughts were, that although I'm sure I'm being ripped off, it's going to cost me a lot more to go to court, than to pay the seller for something that I'll probably never see.

The person then informed my wife that their intention was not to sue for breach of contract, or for not paying them for the auction, but that their intention was to sue me for defamation of character. Which further enfuriated me.

They have since contacted eBay, and I was sent a letter stating that if I didn't update my contact information with eBay within 24 hours, my account would be suspended indefinitly.

I have also noticed now that my feedback has been removed somehow from the eBay site, which means that they have been in contact with eBay and had it removed. Which means that they're lying to eBay about me, and that eBay has taken their side on it.

Do any lawyers here think they have a case? I know I don't, but I'm also not a lawyer.

I'm really frustrated, and saddened. Isn't the point of feedback so that past users can voice complaints in a place where future buyers might see them if they feel the person is ripping them off?

[stool]

I can tell you that the seller had no business raising the posted shipping price. If you intend doing business again on eBay, you had best present your side of the issue to their usually sluggish support staff. Make sure you have copies of all the necessary information, including the original posted shipping price, and a quote for shipping from Canada Post. Don't let the seller be the only party heard from. As to Small Claims Court, it usually doesn't cost anything to represent yourself, and actually sounds like a threat on the sellers part to get you to pay.
As long as you have updated your information with eBay and accurately present your case, you shouldn't have a problem. I would also suggest that you ask about this in the eBay forums, as you will get plenty more info.

[Silversinksam]

You have nothing to worry about, your bid was a legal binding contract and when the seller changed the terms of the sale your bid and responsibility to pay was negated and is now null and void.

This person will not sue you. BUT you should contact Ebay and report what happened as this person harrasing you is against the rules. They broke the contract, not you. Just contact Ebay.

[Oni]

Contact eBay about this matter quickly, man. Like the others have said, don't let them be the only ones to get a word in!

It might do good to forward them Canada Post shipping rates, too.

[MRD]

Inform the seller that you would be happy to go to small claims court and that if you do you will argue tht they must deliver it to you at the original shipping cost posted in the auction. Further inform them that you will countersue for the any costs associated with going to court. They are bluffing probably. They can't win it, and are unlikely to actually pursue it that far.