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scully91
05-17-05, 10:12
Now before i go into great detail i would like to know if this is the best place for me to get an answer. Basically what has happened is a guy won one of my cars but had false contact info so i sold it elsewhere. I had emailed him through the ebay system to tell him that i was unable to sell to him blah blah blah. 2 days later my account at Ebay has been suspended indefinately (which basically means terminated). I have only just found out that the reason for this was that i sent him this email " "I am sending you 3 guys to kill you , WAIT FOR ME!!!"
Now please understand that i am asking for help here and not a way out. I was a respected user of ebay with 162 feedback. Now Ebay tell me that they KNOW i sent it because the email had my headers on it or something. Now i really your help here guys so im gonna do this. Im gonna swear on my baby boys life that i did not send that email and have been dealt with pretty badly here. Is it possible (the only thing i can imagaine has happened) that he used my email him and kept the header and changed the text and sent it off to ebay?.
If so what would you do? I can find this guys name and address as he has sent me text messages thretening violence and t-mobile tell me he is a contract user and can be traced. I have an incident number for the police but he have not yet took it any further.
Can anybody help me to sort this mess out. Surely this is fraud. Here is the whole final email from ebay. I really do hope someone can help as to be fair this is a bit below the belt isnt it? Also i am in the uk. cheers.


Subj: Re: UK71500 Your recent account suspension from eBay (KMM8268036V41719L0KM)
Date: 17/05/2005 15:54:42 GMT Daylight Time
From: ukrswebhelp@ebay.com
To: alanscully@aol.com
Sent from the Internet (Details)



Hello,

Based on the information you have provided, I have reviewed your
account's suspension. It has been determined that your account cannot be
reinstated due to the nature of the policy violation which caused the
suspension of your account.

You were reported to have sent an email containing threats of violence,
the body of which was this:

"I am sending you 3 guys to kill you , WAIT FOR ME!!!"

In regards to our right to suspend your account, I draw your attention
to Section 8 of the eBay User Agreement that you signed when
registering. This section is entitled "Breach" and contains the
following text:

"Without limiting our other remedies, we may immediately issue a
warning, suspend or terminate your user registration and refuse to
provide our services to you without notice to you:

(a) if you breach this Agreement or the documents incorporated by
reference;
(b) if we are unable to verify or authenticate any information you
provide to us; or
(c) if we believe that your actions may cause legal liability for you,
our users or us."

Further, please see also Section 11, which is entitled "Limitation of
Liability" and contains the text:

"We (including our parent, subsidiaries, affiliates, officers,
directors, agents and employees) will not be liable for any economic
losses (including, without limitation, loss of revenues, profits,
contracts, business or anticipated savings), any loss of goodwill or
reputation, or any special, indirect or consequential damages (however
arising, including negligence) arising out of or in connection with this
User Agreement."

I'm sorry that you are unhappy with our policies and procedures and the
way situations like this are handled, but due to the evidence received,
we feel we have taken the appropriate action in this situation, for the
safety and integrity of the eBay community.

We have fully investigated this issue and have come to a point in which
no further discussion is needed.

Although future emails from you will be read, unless they contain
additional information for review, we may not respond.

Kind regards,

Johan Grimshaw
eBay Customer Support
______________________________

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Original Message Follows:
-------------------------

"""Again, as per the previous email that was sent to you by my
colleague,
Aliana Biship, your account cannot be reinstated due to the nature of
the policy violation which caused the suspension of your account.""""

The above is what you sent to me. You say my account cannot be
reinstated due
to the nature of the policy violation. However, i have not violated any
policy and therefore it would be at best against your rules to suspend
me and at
worst illegal.
Now i have asked you twice before and i am asking you again for a final
time
can you please forward the evidence you have to support the reason why
you
terminated (and not suspended as you say ) my account. Failiure to
provide me
with this evidence will leave me no option but to either contact a
solicitor, a
local court, or a national newspaper as it will be quite clear that you
are
withholding such evidence for a reason.
You have confirmed twice now that i have been suspended (as you say but
seeing as you cannot reinstate my account you actually mean terminate)
for user to
user threats involving bodily harm. I am saying this is NOT the case at
all
and no threats have ever been made. I am therefore requesting that i
speak down
a telephone line to a senior advisor or that my account is reinstated or
that
i am shown evidence of the alledged threats of bodily harm. My phone
number is
07939 567767 or i will gladly call any number you give me. This is the
last
oppurtunity for Ebay to provide me with the evidence they have. Your
names have
been taken and will form part of the case against ebay for withholding
information.

JudyPatudy
05-18-05, 07:22
OH MY GOD!! I sell on Ebay too. I have never heard of anything like that... that really sucks!

Major Attitude
05-18-05, 08:07
I can give you the answer you will not like. Ebay is great.... until you have a problem. Their support is literally non existant and useless. Example? Sure :) I bought a Galaga machine. All of a sudden I get emails showing this newer member had sold this already 3 times and other items repeatedly. Ebay would not help and this person had to get a court order to get records and go after this person and they DID successfully. After all of this Ebay has REPEATEDLY refused to remove this negative feedback, even though the person was arrested and refused pickup, escrow or any guaranteed method. The person even decided to leave feedback saying I was a threatening lunatic. I never made any threats, but good old Ebay, contrary to their policy of not allowing personal attacks in feedbacks, has also ignored this. Take a look at my feedback and look for the negative:

http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback&userid=majorgeeks&items=25&page=4&frompage=-1&iid=-1&de=off

If you did not send this and want to fight it, prepare for a long battle. I suggest an attorney, if you can afford it, explain your situation, etc. Sadly, Ebay will not make a move unless you threaten them with an attorney or court order. Frankly, the ONLY thing Ebay has going for it is their large size. I mean, look at the website. Their interface and tools suck and their people suck even harder. If they were not so huge, they would be out of business. Dont bother emailing them anymore, I emailed repeatedly and again months later. You get form style responses as if your talking to a 7 year old, who can read, yet not always completely comprehend.

Got another negative from an auction where I said in shipping instructions that I was unable to ship item since I was a home user, not a commercial seller, but could drop off anywhere, so buyer was responsible for shipping or pickup. Person used buy it now, ignored my emails for a full WEEK, then left negative feedback that I was unable to ship the item.

Luckily I have enough positives that no one sweats my negatives.

scully91
05-20-05, 08:29
I couldnt agree more with your reply. As terrible as this sounds might it be a good idea to "stage" this? I have sent an email to our biggest newspaper the Sun to make public a massive flaw in Ebay where clearly anyone can get anyone kicked off even if they did nothing to deserve it? I am awaiting a reply.
Wouldnt it be good if they did take it on and i staged what i believe to have happened? Ie 2 pretend ids and one get the other kicked off?
I even considered doing this to some poor unsuspecting low feedback user to see if it can really be done but that would be below the belt.
Terrible really how this can happen. As stated this is not a crank but real life. Its happened to me and it could happen to you. Its the only explanation. Here is the email he sent me after my suspension. (I have put some stars in to protect the female and young!!) Cheeky swine eh? Excuse the pronunciation but he is one of the new wave of delightful Eastern Europeans we have the delight of sharing England with. Any idea what to do next?

Subj: sell ur cars anywhere else
Date: 07/05/2005 13:43:32 GMT Daylight Time
From: ****************
To: ***********
Sent from the Internet (Details)



AFTER I had eBay suspended your account go the f*** sell ur little cars anywhere else , u may get a lesson now how to hung on calls, those like you who spoiling ebay.


--------------------------------------------------------------------------------
Whatever you Wanadoo

This email has been checked for most known viruses - find out more here

Major Attitude
05-20-05, 09:00
Yup, go to town, call Ebay EVERY day, maybe twice a day. Get a name and extension number. Get a lawyer, pay him 200 bucks (if you can afford it) and have HIM call them. Dont stop, be relentless. Sadly, we have to act this way to get a fair shake at some companies because no one cares.

Save all emails. Odds are this guy found a way to make it look like you sent him the email. Ebay has to PROVE that it came from you, your ISP. If you did not send it, most spoofs will reveal the true ip address in source. He probably sent himself an email with your name and then forwarded it to the Ebay morons.

scully91
05-20-05, 10:01
I cant call Ebay as i dont have a number, im in the Uk and we have no number for them also look what they said in the final email to me.

"""We have fully investigated this issue and have come to a point in which
no further discussion is needed.

Although future emails from you will be read, unless they contain
additional information for review, we may not respond.

Kind regards,

Johan Grimshaw
eBay Customer Support """

Also when you say about the ip thing, he has me by the short and curlies! I did send him an email via the ebay system explaining that due to incorrect contact information i have sold the car to the second highest bidder. What he has clearly done is used THAT email including its headers and changed the text and forwarded it to Ebay. Its the only explanation. Problem is i dont have the original email as it was sent through the Ebay system and i did not ask for a copy to be mailed for me. I respect your help here, anybody else got any views or ideas. Or anyone wanna test my theory!!!