Left negative feedback for seller and now threatening legal
Discussion
Hi all,
I left negative feedback for a seller on Ebay due to the item being a Chinese electrical component that does not conform or tested to current BSEN standards which I was unaware off, so so I sent it back for a refund, which took almost 4 weeks! and I had to raise a dispute through ebay as he was not refunding my money, dispite having the proof of delivery etc. I said as much in the feedback. Then today I receive an email from sales@ ebay store/companyname stating they will sue me for defamatory/libelous comments etc and look to recover damages, compensation and court costs unless I remove the comments (feedback) by a certain date and write a letter of apology etc and they wont take legal action.
I reported and forwarded the email to eBay who wanted to see it as its against eBay rules to threaten members to remove feedback, I'm pretty sure the guy does not have a leg to stand on?
I do have free legal cover and representation at work...If there really is nothing he can do, whats the best response to the email? Its the first time I have ever had to leave negative feedback too!! surely if it was possible then eBay would not allow the feedback system?
I left negative feedback for a seller on Ebay due to the item being a Chinese electrical component that does not conform or tested to current BSEN standards which I was unaware off, so so I sent it back for a refund, which took almost 4 weeks! and I had to raise a dispute through ebay as he was not refunding my money, dispite having the proof of delivery etc. I said as much in the feedback. Then today I receive an email from sales@ ebay store/companyname stating they will sue me for defamatory/libelous comments etc and look to recover damages, compensation and court costs unless I remove the comments (feedback) by a certain date and write a letter of apology etc and they wont take legal action.
I reported and forwarded the email to eBay who wanted to see it as its against eBay rules to threaten members to remove feedback, I'm pretty sure the guy does not have a leg to stand on?
I do have free legal cover and representation at work...If there really is nothing he can do, whats the best response to the email? Its the first time I have ever had to leave negative feedback too!! surely if it was possible then eBay would not allow the feedback system?
Jasandjules said:
Was what you posted the truth? If so, I would advise them of the aforementioned case noting that the truth is a defence, but should they wish to lodge a claim (they won't, it's upwards of 60k) then it will be defended robustly.
yes I can even copy and paste the letter if you wish ( I'll just remove all names etc)I wrote, Buyer Beware, Cheap Chinese item does not comply with BSEN, no customer service.
Its all true, it was an actual Chinese item which does not comply to BSEN and after returning the item which was signed for with proof of delivery the seller ignored my inquiries regarding my refund, which took almost four weeks to get back which was only as a result of an eBay dispute.
Its all true, it was an actual Chinese item which does not comply to BSEN and after returning the item which was signed for with proof of delivery the seller ignored my inquiries regarding my refund, which took almost four weeks to get back which was only as a result of an eBay dispute.
Email said:
14th November 2014
By Post and by Email
Dear XYZ
(“Company”)
Your defamatory internet posts and publications
I am acting on behalf of (“Client”) in connection with the identification and pursuit of identified instances of libelous statements across the internet.
I have been made aware of a post you have made on the internet which makes reference to our Client.
Our claim
I have evidence to prove that the ‘eBay feedback posted on website www.ebay.co.uk (“Website”) contain serious, untrue and highly defamatory comments towards our Client, some of which contain malicious falsehood. In doing so, defamatory comments are being communicated to millions of people throughout the world, posing a serious threat to the reputation of our Client [and various individuals who work at the Client].
These comments seem designed to damage the reputation of our Client in the market place and divert business away from our Client rather than have any fair comment basis.
The defamatory threads are as follows:
The allegations which will be the subject of a possible action are in summary as follows:
Legal action
Perusal of legal costs
Compensation
We have included a sample of the posts within the aforementioned threads to illustrate the defamatory and actionable nature of the content contained (“Schedule A”). Please note that this is not an exhaustive list, but merely a token sample to illustrate the nature of the discussion.
Under the law of England and Wales, a defamatory statement is one which tends to lower the claimant in the estimation of right thinking members of society generally (Sim v Stretch [1936] 2 All ER 1237). The words are defamatory, identify or refer to the claimant and are published by yourselves to third parties.
Legal proceedings
In order to protect our Client’s interests we are considering proceedings against you in the High Court. These proceedings would seek remedies including but not limited to the following:
substantial damages;
an injunction to restrain you from publishing the same or similar statements in the future; and
costs.
Jurisdiction
A defamatory statement is published at the place where it is read, heard or seen, and is not where the material was first placed on the internet. In internet cases, therefore, provided a small number of people have access to the material on the internet in England, the English courts will have jurisdiction to hear the claim against a foreign defendant (Spiliada Maritime Corp v Cansulex Ltd [1987] A.C. 460).
Next steps
We are not against freedom of speech and recognise the value of fair comment. At this stage neither we nor our Client have any desire to issue legal proceedings against the operators and the Website and we are keen to do all we can to avoid litigation where possible.
However, in accordance with the pre-action protocol for defamation, we will desist from issuing legal proceedings provided within 14 days of the date of this letter you agree to do the following:
remove from publication in their entirety the defamatory threads to prevent harm to our Client’s business;
produce an apology and a declaration that the allegations referred to are false and defamatory and cause such apology and declaration to be published in each of the forums which have given or could give reason for our complaint (such apology to be approved by us prior to publication);
provide details of recipients of advice or comments made of this nature, together with contact details for each recipient;
provide details of the number of posts made, together with website addresses;
make proposals for the payment to us of damages for the harm caused to our reputation; and
undertake to actively monitor and delete any newly published defamatory content relating to our Client.
If the defamatory threads are not permanently removed and the above undertakings are not complied with by 4.00pm GMT on 28th November 2014 we shall revert to our Client with a view to recommending that they commence taking steps towards the swift issue of proceedings without further notice.
We draw to your attention the terms of Section 2 of the Defamation Act 1996, under which you have the right to offer to make amends.
We await your response by return. In the meantime we reserve our Client’s rights, in particular the right to produce this letter to the Court when it comes to consider costs under CPR 44.3.
Yours faithfully
xyz
By Post and by Email
Dear XYZ
(“Company”)
Your defamatory internet posts and publications
I am acting on behalf of (“Client”) in connection with the identification and pursuit of identified instances of libelous statements across the internet.
I have been made aware of a post you have made on the internet which makes reference to our Client.
Our claim
I have evidence to prove that the ‘eBay feedback posted on website www.ebay.co.uk (“Website”) contain serious, untrue and highly defamatory comments towards our Client, some of which contain malicious falsehood. In doing so, defamatory comments are being communicated to millions of people throughout the world, posing a serious threat to the reputation of our Client [and various individuals who work at the Client].
These comments seem designed to damage the reputation of our Client in the market place and divert business away from our Client rather than have any fair comment basis.
The defamatory threads are as follows:
The allegations which will be the subject of a possible action are in summary as follows:
Legal action
Perusal of legal costs
Compensation
We have included a sample of the posts within the aforementioned threads to illustrate the defamatory and actionable nature of the content contained (“Schedule A”). Please note that this is not an exhaustive list, but merely a token sample to illustrate the nature of the discussion.
Under the law of England and Wales, a defamatory statement is one which tends to lower the claimant in the estimation of right thinking members of society generally (Sim v Stretch [1936] 2 All ER 1237). The words are defamatory, identify or refer to the claimant and are published by yourselves to third parties.
Legal proceedings
In order to protect our Client’s interests we are considering proceedings against you in the High Court. These proceedings would seek remedies including but not limited to the following:
substantial damages;
an injunction to restrain you from publishing the same or similar statements in the future; and
costs.
Jurisdiction
A defamatory statement is published at the place where it is read, heard or seen, and is not where the material was first placed on the internet. In internet cases, therefore, provided a small number of people have access to the material on the internet in England, the English courts will have jurisdiction to hear the claim against a foreign defendant (Spiliada Maritime Corp v Cansulex Ltd [1987] A.C. 460).
Next steps
We are not against freedom of speech and recognise the value of fair comment. At this stage neither we nor our Client have any desire to issue legal proceedings against the operators and the Website and we are keen to do all we can to avoid litigation where possible.
However, in accordance with the pre-action protocol for defamation, we will desist from issuing legal proceedings provided within 14 days of the date of this letter you agree to do the following:
remove from publication in their entirety the defamatory threads to prevent harm to our Client’s business;
produce an apology and a declaration that the allegations referred to are false and defamatory and cause such apology and declaration to be published in each of the forums which have given or could give reason for our complaint (such apology to be approved by us prior to publication);
provide details of recipients of advice or comments made of this nature, together with contact details for each recipient;
provide details of the number of posts made, together with website addresses;
make proposals for the payment to us of damages for the harm caused to our reputation; and
undertake to actively monitor and delete any newly published defamatory content relating to our Client.
If the defamatory threads are not permanently removed and the above undertakings are not complied with by 4.00pm GMT on 28th November 2014 we shall revert to our Client with a view to recommending that they commence taking steps towards the swift issue of proceedings without further notice.
We draw to your attention the terms of Section 2 of the Defamation Act 1996, under which you have the right to offer to make amends.
We await your response by return. In the meantime we reserve our Client’s rights, in particular the right to produce this letter to the Court when it comes to consider costs under CPR 44.3.
Yours faithfully
xyz
Edited by TLandCruiser on Friday 14th November 23:29
it's a copy/paste threatening letter that relates to forum comments, not Ebay.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff