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(ebay) Possible Libel Lawsuit...suggestions

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God

posted on Feb, 10 2005 @ 12:13 PM
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Just looking for some suggestions from whoever is willing to help.

I'll explain the situation briefly. If more info is needed just let me know.

I purchased a cellphone from an ebay seller with my credit card back in December. I recieved the item and the transaction went pretty smoothly. The phone works. I activated it. I've been using it since I recieved it.

Sometime last week I just relized that the seller left me negative feedback in my ebay feedback section that says: "HUGE THIEF!! never sent payment never contacted me. Fraud!!RUN AWAY!!!!!!!!!!!!!"

At first I thought I may have bid on TWO phones. My first reaction was I forgot about the other bid and the seller was correct. This is not the case, however, and when I click on the item# that is presented next to the negative feedback it says: "Your payment has been recieved." right at the top of the page.

It is my understanding that the seller's untrue comments could be considered libel. (correct me if I'm wrong)

If I did pursue this in court I'd only ask for the amount I paid the seller as "damages" and I wouldn't try to collect millions and billions of dollars like an a-hole. (this being $274)

I have not contacted the seller on this, aside from leaving negative feedback along the lines of: "I paid you idiot and I have proof. Can you say libel lawsuit?" (which I think was stupid... I shouldn't have threatened with a lawsuit and I shouldn't have called this person an idiot either...but I was angry) My proof is my credit card statement and the information on my paypal account. I think I threw away the fedex envelope that the phone came in.
I have contacted ebay...but they haven't responded.

Do I have a case here? Or should I just forget it? I don't want to become one of those losers who tries to sue people for every little reason.
I must admit a nice chunk of $274 being removed from my credit card balance would be nice.... but is it reasonable that I would try to pursue this?

What do you guys think?

My gut is telling me I'll just have to settle for a removal of the negative feedback...but who knows....

Suggestions??




posted on Feb, 10 2005 @ 12:15 PM
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why would you pay $274 for a cell phone on Ebay, to begin with ?
:shk::shk::shk:


There are so many Free Phones, and nice phones under $100...


God

posted on Feb, 10 2005 @ 12:19 PM
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LOL

If I went through verizon to get a promotional price on this phone I would have had to renew my service contract. I really, really hate verizon so I tried to do it this way. It is a nice phone.

cgi.ebay.com...:MEWA:IT



posted on Feb, 10 2005 @ 12:22 PM
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Dude.... you have 3 other sellers on there that also are saying that you never paid them... what's up ?



posted on Feb, 10 2005 @ 12:26 PM
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here's the phone you bought...

it's on Verizon's website for $179.00 before discounts...

www.verizonwireless.com... c/store/controller?item=phoneFirst&action=viewPhoneDetail&selectedPhoneId=1577


http://cache.vzw.com/images_b2c/phones/med/lg_vx7000.jpg


God

posted on Feb, 10 2005 @ 12:27 PM
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Two sellers and that's from 2002.

I did pay the legal_smoke dude...really late and nevr recieved the item. But it was my fault for being late.
I can't remember the other.

Back at that time I had trouble contacting sellers because I cancelled my aol subscribtion. You cannot use hotmail or anything as your official email on ebay unless you have a credit card. I didn't have one at the time. All the info about where to send the payment was going to the aol account.

Edit: After you win a bid you can obtain the sellers email address. For some reason people would ignore me if I sent them emails from an address that differed from the one ebay had on file. Even if I included the item#

[edit on 10-2-2005 by God]



posted on Feb, 10 2005 @ 12:27 PM
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I mean, I think it's great that you wanted and got this phone... I just hate to see people over pay for something... know what I mean ?


Good luck to you.


God

posted on Feb, 10 2005 @ 12:47 PM
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it's on Verizon's website for $179.00 before discounts...


That's with renewing my service contract. I really didn't want to do that....one more year and I'm free from the evil verizon company. At the time of the auction the retail price for this phone was around $350-$400 if you purchased it directly from verizon. The promotional price would have been around the same as I paid in the auction (at that time)... but I would have had to wait a month and my other phone had broke.


[edit on 10-2-2005 by God]



posted on Feb, 10 2005 @ 12:54 PM
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If your God, shouldn't you know what's going ot happen and be able to change it?



posted on Feb, 10 2005 @ 01:39 PM
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Originally posted by God
Sometime last week I just relized that the seller left me negative feedback in my ebay feedback section that says: "HUGE THIEF!! never sent payment never contacted me. Fraud!!RUN AWAY!!!!!!!!!!!!!"

I've never heard of anyone using Ebay who hasn't insisted on payment in front. At worst this feedback implies a Non-paying-bidder (not a thief as he/she implies).



"I paid you idiot and I have proof. Can you say libel lawsuit?" (which I think was stupid... I shouldn't have threatened with a lawsuit and I shouldn't have called this person an idiot either...but I was angry)

Your reply will be read by anyone linking to this particular person's feedback. Personally I think you did the right thing by pointing out that you have already paid and have proof. Again, who in their right mind would send a valuable item without first receiving payment.



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