What is the name of your state?What is the name of your state? New Mexico
The seller is located in California. I won an Ebay auction, but shortly before the win my wallet was stolen. It took almost 1 month to get my accounts back up and running safely. I won the item on 9/27 and paid for it on 10/12. I was in constant contact with the seller (have documented proof.) The advertisement had "no set time limit" for payment, so there was no agreed time frame in the contract for payment.
The seller filed a "non-payment" alert on Ebay on 10/10. Seller was contacted on 10/12 that payment was coming and payment was made 10/12. I contacted the seller on 10/17 via email (no longer have this-purged because of stale date from email) asking where my item was. On 10/18 I rec'd and email (no longer have this-purged because of stale date from email) that the item "somehow" was relisted and sold to someone else and that a refund would be coming. On 10/18 I received a refund of my payment. The reason for the refund was that the item was stolen and not available any longer. I contacted the seller on 10/19 to remove the non-payment alert before I rec'd a strike. On 10/21 the seller proceeded with the non-payment strike for "credit" and my account rec'd a strike against it. I filed an appeal and had it removed.
After waiting to receive my feedback score until December (so that it could be removed from my "need to leave feedback screen," I posted a neutral feedback stating that the seller sold the item twice (as stated by the seller.) The seller then retaliated with a negative stating that it took me 1 month to make payment. He then posted a reply to my neutral stating it took 1 month for payment and he relisted the item. This negative damaged my reputation on Ebay from 100% to 99.6% (apx.) This has falsely damaged my ability to conduct business on Ebay as I had done before. This is also posted in a world-wide format used by millions of people. By stating it took me one month to make payment, this seller has damaged my credibility and made it difficult to conduct business.
I can clearly prove that it took 2 weeks to make payment and not 1 month, that the seller was completely aware of the situation, that the seller lied about the circumstances of the feedback and that he lied about the reason he breeched the contract contract with me. I tried to mediate through Square Trade and the seller refused, but has confirmed all that I have said in that forum.
I need to know if I have any recourse. I would like to file a civil suit for both the breech of contract and for slander.
The seller is located in California. I won an Ebay auction, but shortly before the win my wallet was stolen. It took almost 1 month to get my accounts back up and running safely. I won the item on 9/27 and paid for it on 10/12. I was in constant contact with the seller (have documented proof.) The advertisement had "no set time limit" for payment, so there was no agreed time frame in the contract for payment.
The seller filed a "non-payment" alert on Ebay on 10/10. Seller was contacted on 10/12 that payment was coming and payment was made 10/12. I contacted the seller on 10/17 via email (no longer have this-purged because of stale date from email) asking where my item was. On 10/18 I rec'd and email (no longer have this-purged because of stale date from email) that the item "somehow" was relisted and sold to someone else and that a refund would be coming. On 10/18 I received a refund of my payment. The reason for the refund was that the item was stolen and not available any longer. I contacted the seller on 10/19 to remove the non-payment alert before I rec'd a strike. On 10/21 the seller proceeded with the non-payment strike for "credit" and my account rec'd a strike against it. I filed an appeal and had it removed.
After waiting to receive my feedback score until December (so that it could be removed from my "need to leave feedback screen," I posted a neutral feedback stating that the seller sold the item twice (as stated by the seller.) The seller then retaliated with a negative stating that it took me 1 month to make payment. He then posted a reply to my neutral stating it took 1 month for payment and he relisted the item. This negative damaged my reputation on Ebay from 100% to 99.6% (apx.) This has falsely damaged my ability to conduct business on Ebay as I had done before. This is also posted in a world-wide format used by millions of people. By stating it took me one month to make payment, this seller has damaged my credibility and made it difficult to conduct business.
I can clearly prove that it took 2 weeks to make payment and not 1 month, that the seller was completely aware of the situation, that the seller lied about the circumstances of the feedback and that he lied about the reason he breeched the contract contract with me. I tried to mediate through Square Trade and the seller refused, but has confirmed all that I have said in that forum.
I need to know if I have any recourse. I would like to file a civil suit for both the breech of contract and for slander.