Negative Feedback removal! --- Defamation! --- Time Limits!

[jimanic]

Hi,

I got left my first negative feedback back in June/July. I had already sent a feedback revision request which the buyer ignored. The comment was "Cheap and Nasty - Don't bother with these!!!"  --- I contacted the buyer instructing them to remove it otherwise I would sue for defamation, they immediately agreed to the request, however, it was too late! 

Is there a way around eBay's policy??? 

The Limitations Act 1980 allows 1 year for Defamation claims... Surely eBay would allow this in order to keep simple transactions out of the courts? - if not better to reconsider a feedback revisison request!? Do any sellers agree that eBay are leaving themseleves open to liability for Defamation as their only argument appears to be - "The negative rating remains as a result of the experience being negative". 

As for this argument I have heard numerous times now...This fails to consider the fact that a claim of defamation is based partially on damages, damages to repuation due to a false statement/ statement based on something innapropriate. eBay although accepts the removal of a defamatory comment on the basis it may effect potential customers, however fails to concolidate legality in the sense that the buyers privilidge of feedback remains on this transaction by a continuation of their rights to impact a sellers rating score/ DSR. The same transaction that the buyer left a rating primarily based on their comment which fundamentally is DEFAMATION. 

Who else agrees defamation is more than just about reputation, it is founded on 'DISHONESTY'....'DISHONESTY' that eBay fails to consider. A dishonest comment should immediately be removed, any damage the comment casuses such as damage to a Detailed Seller Rating OR even damage to the percentage score, it does not matter if it is as much as 0.1%.. Although it may be hard however not impossible to guage exactly how many sales a seller is missing out on in a three month session as a result of a negative feedback in conjucntion with it's negative rating --- Decrease in visibility - Decrease in Sales - Decrease in Profit.

I honestly find the policy to not be accpetable, in my opinion this needs some urgent attention, the policy of 'not' removing feedback due to a system rule after a set period of time is not designed for defamation/ misuse of the feedback system!? Surely there are excemtions for rare cases like this? Can someone please clarify if I am missing something?

I understand from a phone call with eBay that the reason sellers can not leave negative feedback is due to potential revenge and causing the buyers to be fearful of leaving a comment and rating that is anything less than positve, inevitably leading to avoiding eBay not to mention the fact they are encouraging buyers to be HONEST. This suggests it is time for feedback that sellers receive that may not fully constitute fair & honest feedback (defamation) to be removed as it may also discourage sellers and make them feel like they are not being treated equally.

Can people/eBay please advise?

****Comment was removed - the feedback score still has 1 negative - still is damaging and unjustifiable in my opinion***

***1902elder*** -- The buyers comments were vindictive, eBay agreed it consitituted defmation, as I said previously, defamation has a number of elements about it, and the buyers comment was deemed this, my question relates to how I feel it is not proportionate that eBay allows comments like this to effect seller ratings - Also the link between damage from a vindictive comment - later confirmed defamation & effecting seller status & how much I sell - could justify suing the buyer***

***Comments--- Some of you do not get it, it is not about objects, the comment can constitute defamation if the repuation of a product is unjustifiably damaged due to the basis of the defamation having a link to effecting the seller*** 

If what you both said made why would sellers sell anything at the risk people might not like the product, it is about Description matching product / If product arrived on time/ Packaging*** 

If a customer says something unjustifiable because it is vindictive, there is a direct link to it effecting the livlihood of the seller if it impacts their sales --- Imagine it was my only product???