posted on Feb, 10 2005 @ 12:13 PM
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....