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bugsy_vw
Community Member
Posts: 2
Registered: ‎13-05-2006

I've been permanently restricted from selling on eBay???


I had an email yesterday from eBay announcing that 'Because you haven't met our minimum seller performance standards, you're permanently restricted from selling on eBay.' and subsequently had a conversation with someone at their contact centre.


 


I have 100% feedback based on 695 transactions over the last 8 years and have between 4.7 and 4.9 on the stars. In the last month I've had 11 positive feedback all commenting on how well my items are described, packaged and postage time so I am awfully confused and most annoyed!


 


My conversation with the help centre brought to light, that apparently, somewhere I cant clearly see, people have complained about my postage charges. I only charge what it costs me to post the item to them. All my items are measured and weighed to ensure I do not, nor ever have, over charged for postage. My auctions only start at 1p so it's not like I'm going to rip anyone one off!


 


Is there anything I can do to counter this decision?


 


When the buyers receive their parcel the postage price is on the Royal Mail Gold Postage sticker so they can even see that I've only charged them what it has cost to post the item, so I don't see what I have done wrong??!


norseway53
Community Member
Posts: 23,808
Registered: ‎28-10-2006

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

Seller dashboard will tell you all you need to know:-


 


http://cgi6.ebay.co.uk/ws/eBayISAPI.dll?SellerDashboard

________________



I bid, I win, I pay - you deliver
r1j2e3s4j5
Community Member
Posts: 4,087
Registered: ‎31-12-2011

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

Your postage might be correct but it will seem high compared to the cost of the item because of you starting them at 1p.


 


I dont understand why anyone would start an auction at 1p anyway, but thats beside the point.


 


As for the permanent restriction, no, it is not likely that you can ever sell on Ebay again as they do not revise their decisions.


 


You will also have received warning emails letting you know that you were dropping below standard.


 


Dont try to open a new account as that will be banned too.....as will any other account linker to yours.


 

cambirder
Community Member
Posts: 274
Registered: ‎29-09-2010

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

 


Another idiotic Ebay ban. Sorry buggy welcome to the parallel universe that is Ebay

sleeping-hamster
Community Member
Posts: 286
Registered: ‎24-11-2010

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

I had a look at your past auctions and indeed you seem to be charging exactly the correct postage rate for parcels and so why your stars have been knocked is a mystery.


 


On the other hand I cannot see how you are making any money at all with a lot of your auctions selling for less than 10p !!


 


The only thing I can suggest is that you try ring customer services and make sure you get through to Dublin and not the 'off-shore' call centre, and see what they have to say.  I have heard that sometimes an appeal does work.

mrgum
Community Member
Posts: 1,169
Registered: ‎02-11-2010

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

No harm in trying to get it lifted, I'm not aware of anyone that has had a ban lifted but you never know.
Buyers can mark you down on your postage even if you charge less than stamp price, you can also prove this to Ebay but that will not matter in any way. Your buyers decided that they had paid too much for postage (even though that is how much it costs).
Ebay will not remove or consider removing these buyer opinions regardless of fact or proof.
50% of my lows for P&P came from 2 buyers , 1 that left low DSRs in retaliation for an item he was refunded for (that he failed to collect from his local collection office, and the 2nd buyer that wanted me to break Ebay rules but I refused gave me 2 sets of lows on 2 items. Ebay even have now banned this buyer from the site completely yet his low DSRs were left on my account and hence I was banned.
Best really to just look to sell elsewhere and just watch seller central here and see how many others go through the same thing.

towelposter
Community Member
Posts: 12,103
Registered: ‎25-01-2011

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

As you appear to have forgotten your post on the Private Seller Board I will repeat my answer on here.


 


You can see the low scores you have been given at http://cgi6.ebay.co.uk/ws/eBayISAPI.dll?SellerDashboard.


 


I would imagine, looking at your recent listings that your lows were from a little while ago but the percentage has increased as you have been selling less recently than you did a year ago.

*******************************
100% pure Egyptian Cotton
towelposter
Community Member
Posts: 12,103
Registered: ‎25-01-2011

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

There was a young lady on here over the last couple of days that had been restricetd for selling fakes, who says that she has had her ban listed mrgum, so it does appear to happen occasionally.

*******************************
100% pure Egyptian Cotton
mrgum
Community Member
Posts: 1,169
Registered: ‎02-11-2010

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw


There was a young lady on here over the last couple of days that had been restricetd for selling fakes, who says that she has had her ban listed mrgum, so it does appear to happen occasionally.



 


Ah yes I did read that, but that just says to me that Ebay will allow people back even though (not that the seller in that case did) they might be selling fake items, yet a seller that has the cheek to charge for postage in any way even at a loss to them will have no chance for a return to selling.

i_failed_my_dna_test
Community Member
Posts: 1,107
Registered: ‎01-07-2006

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

I have long had the suspicion that the banning of sellers on ebay may actually be unlawful , at least in the UK .


 


What the OP needs is to try and find a solicitor who would give a free consultation .


 


Or find others who believe they have been unfairly banned and fund a group action .


 


Of course if they have a friend in the legal profession ( even lawyers have friends :smileysurprised: ) they may be able to obtain some very good advice for the price of a decent meal .

towelposter
Community Member
Posts: 12,103
Registered: ‎25-01-2011

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

I don't see how can it can be unlawful.  That is like saying a bar owner banning you from their pub is breaking the law, because you have a legal right to be on the premises.  I was under the impression the law actually said the opposite - if you are on the premises without permission you are trespassing.


 

*******************************
100% pure Egyptian Cotton
mrgum
Community Member
Posts: 1,169
Registered: ‎02-11-2010

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw


I don't see how can it can be unlawful.  That is like saying a bar owner banning you from their pub is breaking the law, because you have a legal right to be on the premises.  I was under the impression the law actually said the opposite - if you are on the premises without permission you are trespassing.


 



 


No it's more like a landlord banning you from their pub because of something other people said, taking someone elses opinion of a person as fact.


That's where the big mistake is.

persevier
Community Member
Posts: 1
Registered: ‎26-03-2013

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw

Nothing!!


Truth is its being mis used by buyers and Ebay know it. they want ALL SELLERS to include postage in the selling price as they then get commission on the postage aamount as well as the item price.


like Google ebay it out to make as much money as possible regardless

i_failed_my_dna_test
Community Member
Posts: 1,107
Registered: ‎01-07-2006

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw


I don't see how can it can be unlawful.  That is like saying a bar owner banning you from their pub is breaking the law, because you have a legal right to be on the premises.  I was under the impression the law actually said the opposite - if you are on the premises without permission you are trespassing.


 



 


Towel , of course a landlord can ba a person from their pub ,


as can almost any shop .


 


And chainstores and supermarkets can ban a person fron any or all of their branches .


 


And a court can ban a person from being in certain parts of a town .


 


But all of those bans are subject to certain criteria , and at the end of the day legal appeals .


It may interest you to know that one nationwide pub chain now allows appeals after 12 months have passed when anyone is subject to an indefinate ban . This is as a result of legal advice that the pub chain received .


 


But to return to ebay selling bans .


 


Most ebay bans are as a result of buyer ratings . But in most cases were the ratings have been left for postage/packing charges and delivery time , the ratings are totally an unqualified opinion .


 


The DPA says a lot about opinions that are on a persons record , especially when the opinions can have a negative effect on the person they have been left for .


 


So all ratings that buyers leave for sellers should be subject to challenge and appeal , but ebay has no proper process for this .


 


There is also the question of human intervention by ebay . How much of the warning and banning process is automated and at what point does a real live person review the sellers account ?


 


Then the final question , are we members of a legally constituted organisation ?


 


If we all are , then we have several legal rights that ebay has made the choice to ignore .


 


If the right banned sellers could find the right lawyers , and those lawyers could word the legal challenge properly , ebay would have to make massive changes , and also pay out an interesting amount of compensation .


 

towelposter
Community Member
Posts: 12,103
Registered: ‎25-01-2011

Re: I've been permanently restricted from selling on eBay???

in reply to bugsy_vw


 


No it's more like a landlord banning you from their pub because of something other people said, taking someone elses opinion of a person as fact.


That's where the big mistake is.



 


I agree that it is wrong but that is quite often what happens in RL as well and certainly isn't illegal as far as I am aware.  Landlord doesn't see trouble so they may take action based on what he thinks might have happened due to the story the participants told him.


 


At the end of the day, whether we think it is correct or not, ebay have a veto on who they allow to use the site.

*******************************
100% pure Egyptian Cotton
jplevene
Community Member
Posts: 2
Registered: ‎21-11-2013

Re: I've been permanently restricted from selling on eBay???

[ Edited ]
in reply to bugsy_vw
In the EU and UK, it is illegal for eBay to ban you for this:

EU Law - Chapter II / Article 102 prohibition - Abuse of dominant market position
refusal to supply or provide access to essential facilities

You will also be able to claim damages, and eBay would not be allowed to use their damages limitation clause as in the UK, this would be deemed as an unfair clause.

eBay are allowed to ban users for abuse, complaints would not be deemed as abuse unless they can be substantiated. As eBay recommend Royal Mail and you would also be entitled to packaging costs, the claims against you are unsubstantiated.

I have issued proceedings against eBay for overcharging and as a result they have banned me. I will be amending my claim.

The last post to another user I made on the forum for the same problem got deleted by the eBay moderators, so if I was wrong, why are they trying to hide the fact that they are blatantly breaking the law.
burslempot
Community Member
Posts: 6,154
Registered: ‎30-04-2008

Re: I've been permanently restricted from selling on eBay???

in reply to jplevene

"EU Law - Chapter II / Article 102 prohibition - Abuse of dominant market position
refusal to supply or provide access to essential facilities"

 

So the ability to sell on here is an 'essential facility' is it..?

 

Some manage to use eBay just for buying...If eBay dont want you selling on their site, I'd imagine it's up to them...

 

casual-classics
Community Member
Posts: 201
Registered: ‎03-12-2007

Re: I've been permanently restricted from selling on eBay???

in reply to jplevene

It is INSANE!

 

If ebay see people not fit enough to sell on ebay then they should have a full ban, not allow them to keep buying!

 

this is having a snowball effect were banned sellers are giving low ratings to other sellers, vicious circle.

 

And if a truely 'bad' seller wants to sell on ebay they will easily enough create a new acount under a new name.

 

ALL this is doing is getting rid of mostly good sellers who have had the missfortune of dealing with bad buyers !

 

It is the bad buyers ebay needs to get rid of not its good sellers!


- Posted with keyboard and mouse for eBay and other things
benedict1066
Community Member
Posts: 6,888
Registered: ‎16-05-2008

Re: I've been permanently restricted from selling on eBay???

in reply to jplevene

jplevene wrote:

I have issued proceedings against eBay for overcharging and as a result they have banned me. I will be amending my claim.

The last post to another user I made on the forum for the same problem got deleted by the eBay moderators, so if I was wrong, why are they trying to hide the fact that they are blatantly breaking the law.

They are more likely trying to save others building up false hope and wasting their time with court cases, etc.

 

Nevertheless - as is often said, please come back and report on the success of your claim - I think we are still waiting to hear on all previous attempts........

bankhaunter
Community Member
Posts: 8,274
Registered: ‎22-10-2007

Re: I've been permanently restricted from selling on eBay???

in reply to i_failed_my_dna_test

It may interest you to know that one nationwide pub chain now allows appeals after 12 months have passed when anyone is subject to an indefinate ban . This is as a result of legal advice that the pub chain received .

 

Accepting arguments on behalf of JD Wetherspoon by Stephen Walsh QC  and the Police the  Judge held  that  individual licensees  have  an  unrestricted   right  to  exclude  anyone, particularly those who they see as troublemakers  from their premises.   Similarly, individual licensees have the  right to  exclude those  whom others  have found to  be troublemakers.

 

http://www.kingsleynapley.co.uk/assets/files/news/JD%20Wetherspoon%20v4%20Press%20Release.pdf

 

I cannot see where Ebay would be different from any other commercial concern that refused to supply their services to a potential buyer on criteria they decide to adopt apart from where the law would make a particular criteria illegal.

 

Buyer's opinions might not be facts but it is the customer's opinions that decree the success or otherwise of any commercial undertakings.