Biz (2586)

eBay buyer facing court

Threatened with legal action for negative remarks

24 October 2008 9:54 GMT / By Katie Scott

An eBay buyer who complained about a product that he brought online was shocked to find himself facing legal action.

Chris Read, a 42-year old mechanic from Herne Bay, Kent, wrote in the feedback section on eBay after he received a £155 phone he claims was scratched, chipped and, infact, the wrong model.

Read added that he had already been waiting for more than a week for a refund after returning it to the seller.

However, he was then shocked to receive court papers in the post accusing him of libel.

The buyer says that, just after he posted his grievances, he received an email from the seller, one Joel Jones, asking him to retract his comments.

Read told the Daily Mail: "There was absolutely no way I was going to remove the feedback. What I wrote was a valid and honest opinion of the item and the service I received.

"It's not like I wrote anything malicious or nasty or called him a conman or a fraudster."

But then a formal letter arrived warning the mechanic that if he did not sign an enclosed statement he would be taken to court and liable for court costs of £175 along with "substantial" lawyers' fees.

Jones, whose seller name is onsalexuk argues that the comments were affecting his business but he has now given Mr Read a full refund for the phone.

Richard Ambrose, head of trust and safety at eBay, told Sky News: "Our feedback system allows buyers to make informed decisions about who they trade with based on the experience of other users.

"However, on the rare occasion that something goes wrong we always encourage users to contact the seller in order to resolve the matter amicably."

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