eBay seller threatening to take me to small claims court over feedback?!?!?!

Before I get into the details, since 2006 when I first became a member on eBay, I've left a total of 4(out of roughly 1,400 total feedbacks) negative feedbacks in the entire time, and 1 of those was to a seller who didn't pay back when I could leave negative feedback for a non-paying buyer.

Alright, so I had an exchange of emails with my infamous 1909-S Lincoln cent that I bought, the seller said he did nothing wrong and that the pictures he took were of the actual coin, now he sent me an e-mail stating if the negative feedback stands he's going to take me to small claims court?!?!!

Weird thing is, he sent me the e-mail that he sent to the other(runner up) bidder stating he was going to take me to small claims court.... asking if he wants the coin if I return it!!!

He hasn't contacted me since this last response

"I only had one 1909-s and that is the one in the photos and it's the one in your hands.
My pictures sometimes have a pink background even though I use a white background and a soft white bulb.
I don't cheat and I don't steal. "

Is this even possible?!?!?!?

Just to refresh everyones memory.....

Here's the listing
http://www.ebay.com/itm/1909-s-LINC...D&orig_cvip=true&rt=nc&_trksid=p2047675.l2557

His pictures


What the coin looks like in hand




What on earth should I do?!?! I sent him 3 emails complaining about the coin, yet never once did he offer to accept a return on this coin. Sure I could have opened a claim with eBay, but then he would have sold it to someone else with the same pictures!!!!

 

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He has the right to try to do that.

 

but he probably won't

 

Let him take you to small claims court. He has to file his case in the county where YOU live.

Just because someone sues you in small claims doesn't mean they've won. They still have to prove their case in court.

 

You should be covered by the buyer protection on Ebay. Open a case, send it back insured with a tracking number, and once it's delivered and he gets it, then it's not your problem any longer and if he doesn't refund your money Ebay will. Oh, and I'd make him sign for it too so you have absolute proof he got it. If he refuses to sign for it then you have more leg to stand on with Ebay. I wouldn't worry about small claims court. It would cost him more money to file it and prosecute it than it would be worth. Keep any email exchanges you have and the one he sent to the other guy offering it to him if it was returned so you can show Ebay. He's on the losing end of it as I see it no matter what he tries to threaten to do....and the threats will only look bad for him with Ebay. Good luck!!

 

Good advice from keemao. Everything on eBay's slanted in favor of the buyer anyway.

 

You'll be fine don't worry its not as crazy as it sounds but then again I've never ben through this so I can't tell you about it but yeah, there is also a good chance he is bluffing.

 

I see no benefit from him taking you to small claims court. What exactly would he gain out of it? You paid for the coin and have it. You took nothing from him. You weren't happy with his service, so you're leaving an appropriate response.

As others have said it's too much of an inconvenience for him to do it, it's an empty threat. If you wish to return it do so, and then make a claim if he doesn't refund. Leave the negative feedback, save your communications and just forget about it for now. Most likely he'll send another nastygram or two, but that's it.

 

It would cost way too much for him to take you to court. Maybe more that what you paid for the penny in the first place. Let him do it and then laugh in his face with the judge makes him pay you back.

 

Yes, it's going to cost him more money than it's worth, but as he states in the email message, he doesn't care about the cost......
from the last e-mail he sent to me which was sent to the other bidder.....

"Secondly, to say that if I am forced to accept this only negative feedback I got, I will take this guy to small claims court. It's not about the money, it's the principle of being truthful honest. I will be using our previous e-mails as my exhibit "A".
If you don't respond, I'd understand too. Big mess for nothing etc. and why get involved.

It's all about "doing the right thing""

So why he sent me the e-mail he sent to the other buyer is beyond me.... it could be a scare tactic but I don't want to worry about going to court for something that is obviously true.... the pictures look NOTHING like the actual coin, after 3 emails to him, he never once offered to refund me the money, yet now that I left negative feedback, he's contacting the other bidder asking if he wants the coin?!?!?!?!

 

So if i return the coin, I can get my money back and then ebay wouldn't remove the negative feedback?

 

report his threat to Ebay

 

I think you and the seller started off on the wrong foot. It sounds like he might be embarrassed by his own shady dealings and has shut down on you. I would use the old carrot & stick approach, be very nice and tell him what he wants to hear..... then he'll probably apologize, send the coin back, get the refund.... then NEG him, report him and tell the world.

 

e-bay will not remove any feedback unless there is a good reason. And in your case this his reasoning and e-mails to you and the other bidder might get him banned. If i were you i would take this to ebay and see what they can do to help you.

 

I once had a seller give me a bunch of crap for not liking his misrepresented coin.
Long story short: He threatens to report me to eBay and calls me a bunch of names in e-mails.
I called ebay customer service the next day and reported him. Ebay reps can access all messages sent back and forth which they did. Then they contacted the idiot and gave him a warning.
So I suggest you report the threatening to eBay.

 

He's trying to scare you. Don't fall for it. If he was concerned about doing the right thing, he'd have offered immediately to refund your money and take the coin back. That's the right thing to do, not threaten you over feedback. The e-mail to the other buyer could just be him mis-sending, or could be intentional to continue to try to scare you.

Small claims court is nothing to worry too much about. Any time court is mentioned it sounds bad. It's no worse than traffic court, you represent yourself, and there are max amounts the cases can be for.

The simple fact stands that you got something you were unhappy with. If you're unhappy with a TV you bought at the store, you take it back. Does the store threaten to take you to court? No, they give you your money back and try to make you, the customer, happy so that you'll come back again later and buy something else.

Please don't worry too much about it. He's being a jerk, and should just be treated like a petulant child, scolded then ignored if they keep up the whining.

 

Calling eBay right now.

 

and the feedback just prior to mine....

Not same coin. Back was of a different coin... still good deal... thanks

Still left positive feedback?!?!?!

 

The late Jim Fehr said he never kept a coin he didn't like. In this case you have misrepresentation; certified or uncertified you have a right to return the coin within two weeks. Also you could open an item not as described.

"Not by the hair of my chinny chin chin", said the little pig....

 

It's the same coin.