As you may know,I recently bought mud flaps on ebay.
These were not that good...a pain to fit and when fitted to the front,the tyres would touch them and try to rip them off.
It was even harder trying to get them to fit the backs.
Anyway,I left a neutral feedback and now I am being threatened with legal action unless I change my feedback......can they do this ?
Paul
Here is the message...

Sir,

We note with disgust your decision to make an illegal and defamatory statement about our products on a publicly accessed commercial website, without expertise.

As experts in our field we stand uncontestable that the goods supplied match description, and are fit for the purpose described, in all manner.

Take note therefore that unless the statement and its associated rating is removed entirely by 10am on Thursday 1st April, a writ of summons will be submitted against you for defamatory public statement at Ballymena Magistrates Court at that time.

Upon sucessfull submission, damages will be sought for loss in trade during the time of exposure, and costs. This will have significant financial implication upon you, and on enforcement may require a bankruptcy petition being raised against you.

We are resolute in the matter, and suggest your urgent attention to the amendment to positive or full removal of this rating.

Trevor Scroggie
Dip Eng Law

I would hardly call somebody with a Diploma in English Law an expert

I suppose the question that has to be asked is - are your wheels standard 16s? because if they are 17s/18s and therefore rub on the mud-flaps....you may have made an unfair statement.

the wheels are standard with 205 x 16 x 50's
here is the link
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=380185002747&ssPageName=STRK:MEWNX:IT

I just changed my comment on the feedback to
honestly not impressed

Seems very harsh that email from them. Take some advice yourself on this and talk to ebay about this also, say you weren't happy with the product and send them the email stating way and copy in the description of the product. One of their customer representative teams will be right on it, especially as its a legal thing.

Matt

They do advertise as being for "Fiat 500 Punto Panda Stilo" so no coop there!


Just report them to ebay, I doubt ebay will appreciate their sellers threatening legal action over feedback!

So they're not actually FOR a Coupe then?

Why not just change your feedback and leave it as that. Lesson learned?

Well then, if they didn't fit and it does seem to state quite clearly they will, then whatever you wrote was probably acceptable. Although I see you've changed the feedback anyway

It'll just be a bully tactic they use with every piece of negative/neutral feedback they get. Wouldn't worry too much doubt they'd actually bother with the expense of legal action.

Ah apols, missed that bit!

I missed it too when I first glanced over the listing. doh!

Wondered why Spit was getting so peeved when they were clearly for a Punto/500 etc but thought I'd best give benefit of the doubt and quadruple check

As long as its fair comments, I do not see the problem. They can try and take it to court but I do not think they would get very far.

I bought a digital camera off ebay, the thing rattled when I got it and they refused to do anything about it. It wasn't a cheep item at around £200 I had a blog at the time and posted about my experience. I wasn't alone as the comments quickly started to mount up. I think it got to around 300 posts before I was threatened with legal action.
Rightly or wrongly I told them where to place there legal action. In the end they desided it would be easer to refund me the full amount for the product and a little extra as a good will gesture with the condition I took the blog down.

Me 1, them 0

I would suggest that the above company are using big words and kicking around the term bankruptcy as an attempt to scare you in to shutting up, looks like its worked

Don't let yourself get shafted

The advert says they will fit a Coupe. They do not fit a Coupe, so they are not fit for purpose

Respond to their email saying that your comments were not defamatory, they were factual, and the comments WERE made with expertise (ie, you're a Coupe owner, who has fitted their product and found it to be defective)

Additionally, they CANNOT pre-empt the Court's findings, by suggesting that bankruptcy proceedings will be filed - you could be a millionaire for all they know.

Its a bullying email and wholly innapropriate

Unless you made unsubstantiated claims or genuinely defamatory statements in your feedback, I would revert it back to neutral, or even change it to negative. Inform Ebay of the attitude of the seller.

If you hadn't already guessed, this sort of thing gets right on my nerves. I'm currently taking on HMRC as I've been treated unfairly - they won't win.....

Agree with Nigel, change the rating back to negative and give a reason why - but keep it factual.

However, buying a set of these for £6.95, you shouldn't expect quality.. Why on earth would you want mud flaps on a Coupe anyway?

Easy for me to say - but I think that you should change your feedback to 'negative' and let them try to sue. If the mud flats dont fit then they are not as described and are not 'fit for purpose'.

Cheeky *****'s

Nigel is spot-on, go with that.

Your entitled to your opinion, thats what the ebay scoring is there for.

If you read the description further down the page.....the coupe is listed as on of the models they will fit

ps....I never changed it from "neutral".....I just added the word "honeslty" to not impressed.
What do you take me for guys....I do not like bullies in any shape or form and will always stick up for what I believe.
I have sent ebay an email of complaint as well as the clowns who who sent me that "bully" email letting them know I contacted ebay

Tell em to F RIGHT OFF. Yes, in capitals. Cheeky !

Threatening to sue for defamation FFS.
Over Feedback!
Unbelievable.

Seriously, I'm speechless.

F RIGHT OFF. In caps.

Then change your feedback to NEG.

All I can say is good for you Spit.
It would be great if all people could be candid about their purchases on eBay.

Imagine if I did say.....ye these are great mud flaps and then some skint parent or whoever buys a set for thier son or daughter....
This has nothing to do with the cost of the item in case you did not know.

Oh and raise a dispute with Paypal to get money back.

F OFF - NEG - PP Dispute

Bunch of bullying tat-selling effing tossers.

I can feel a group buy coming along......hmm, imagine the feedback.

This is absolutely unfounded legally. The feedback system on ebay is designed for buyers to leave honest feedback on the products they buy.

If the company think you have been unfair in your feedback then they have to go through eBay to challenge this.

Leave your feedback as is and tell them that you are going to send eBay picture proof that the mudflaps do not fit and a copy of the threatening e-mail they sent you.......I would wager that they will take it no further

That threat doesn't deserve the steam off the OP's piss, let alone one second of his time formulating any kind of reasonable reply.

I'm glad I wasn't on the receiving end of that letter.

Imagine if every seller took the same stance when they had a less than favourable feedback......everybody would refuse to leave any feedback for fear of being threatened.
Seems rather crazy to me if ebay let them get away with this.

For an ebay seller who is keen to wave the legal stick at you (well so he says), he's not particulary bright as he's selling 'universal fit' mudflaps on other listings with trademarked logos.

If I had the same experience as you, I'd have a field day in retaliation - HMRC I'm sure would be interested to see what is being sold and what royalties the seller is paying (or not).

ye....wonder how much he paid FIAT to use their logo on the flaps he sold me lmfao ?

I agree with the above.

Let him take you to court, he doesn't stand a chance. Besides, it will only be a threat.

He didn't even deserve a neutral feedback, should have been negative.

No way would I have stood for an email response like that or changed my feedback, only to negative.

Report the seller to Ebay.

The plot thickens.
Just had this message off the idiots

Regrettably, we will proceed as notified.

Trevor Scroggie
Dip Eng Law


- motor-xtras

Ballymena - He's probably just annoyed because he hasn't had a sniff of a sheep in weeks.

Have they an outlet I wonder. I'd be tempted to call up and ask about mud flaps for a coop, just for the craic