Mr Jones should have kept his mouth shut and accepted the criicism,after all he was the one in the wrong by trying to sell faulty goods,good on you Mr Read. As far as the sellers feedback is concerned if they get paid on time or instantly through PayPal they should automatically leave possitive feed

john mclaughlin, liverpool, merseyside

Since sellers can't leave negative feedback I've had 4 buyers this year deciding not to pay after winning the auction. I even had one buyer leaving a negative saying "item not as described" after changing his mind about paying and never having seen the item he bid on!

Trevor, Hexham, UK

I think that the change made to stop sellers giving negative feedback was the right one. I mean if you pay your money promptly, why should you be penalised? All those sellers moaning are doing so because they have something to hide!

John Sweeny, Elgin, Scotlan

The buyer is quite clearly correct in defending his position. If the guy that burgled your home got caught , and later let off cos he offered to give you the stuff back, what do you think would happen to the crime rate ? Get caught out and offer a refund is not right. Do the crime, then do the time

mike, grays, england

The Seller is in the wrong for his response to the feedback. Ebay have a perfectly good Resolution Centre, which is open to buyers and sellers alike. The sellers SHOULD have used the Ebay Complaints Procedure to get the feedback revoked or changed. Suing a customer is bad for business for him.

G Parkinson, Warrington, UK

Both, bite your tongues !
Bringing such a case while caught in 'red mist' will be very costly for both. The seller's description' IS acurate and even though he says "ITEM IS IN GOOD CONDITION" he adds "RETURNS ACCEPTED WITHIN 14 DAYS OF DELIVERY IF ITEM IS: NOT AS DESCRIBED" Forget the picture!

Stefan, Chester, UK

If the seller advertised and sold an item, then delivered a different item, he deserves to be sanctioned. Here, in the US we call it a "bait and switch," transaction, and it is deplorable. Without sanctions, he may continue to advertise and sell products without the intention or ability to deliver

mskbelle, Porter Ranch, USA

I agree with the seller on this one. Same thing happened to me the other day, REALLY ANNOYING WHEN YOU GIVE SOMEONE AN INSTANT REFUND - NO QUESTIONS ASKED, AND THEY LEAVE NEGATIVE FEEDBACK.

Huleson, Philly,

I have had similar experiences!

http://blogs.journallive.co.uk/journalblogcentral/2008/11/bidding-war.html

Mieka Smiles, Middlesbrough, England

Even if he did give a refund, the fact remains that the seller tried to palm off a sub-standard piece of kit and all buyers should be aware of this. Good luck Chris, hope you win the case.

Robert Mackay, Glasgow, Scotland

If the item was not as described then the comments are perfectly fair. I would have left negative feedback too. And even if I get a refund, other buyers should be aware that goods may not be as described by the seller. I hope Jones loses his case.

Clive X Parker, New York, USA

The buyer has every right and reason to leave a negative if the item was significantly described inaccurately. And the seller can add a response indication they refunded the money so that is seen when the negative is seen. But ebay is way off base not to allow sellers the same voice when wronged!

Jacquie, Webster, USA

IMHO eBAY is too full of rip-off scam artists to want to bother with. Add to that the psyco-sellers that threaten you for leaving negative feedback(which they almost certainly deserve), and you'll find that eBAY is really eSCAM !!!

Gordon Gunn, Elmhurst, USA

if it's true it's not libel, simple as that. the Defendant can't lose if it's true and the Plainitiff will be lumbered with 2 sets of costs if he can't prove it's false.he's been badly advised

peter c, Devizes, Wessex

If you sell something as a given standard - and it turns out to be not up to this advertised standard - even the wrong model, you do not have a leg to stand on.

Phil, Preston,

No case! And shake the plaintiff down for costs before he leaves the court.

Feedback is among those terms and conditions the seller agreed to when he created his e-Bay account.

Ed, Cardiff,

I don't know about the UK but here in the USA if your feedback isn't positive, they don't seem to want to accept it.

joseph, Gordonsville, USA

eBay's disputes system is very poor. I am in a dispute now with someone who sent me a dinner service advertised as used twice, in excellent condition that had a number of chipped items and several arrived smashed to pieces. His attitude .. not his problem, and eBay won't accept photos as evidence.

David, London, UK

Just had a look at the guys profile, it does seem to be a running theme with his nagative feedback, i.e. wrong description or damaged goods. Good Luck Mr Reed!

Craig T, London, UK

Don't know how long or what effort it took to get a refund.

Looking at the Auction, claims he is part of a Private Ltd company. If this phone is sold as part of that company the company name and humber must be displayed by UK law.

Goofball figures do not add up - how 65% equate to 10 bad feedback

Adrian, Whitehill, UK

Christine in Saginow, I HIGHLY doubt Ebay coused you to foreclose on your home. I am sure you are also one of those people who got hoodwinked by the bad people at the bank for your mortgage as well!! If you don't like Ebay DONT USE IT! I do not agree with some of their policies but I still use it!

Tiffany, Nashville, USA

"On amazon you can contact their customer service. On Ebay no such creature you are on your own"

My account ID got hacked and someone was attempting fraudulent sales. I sent FIFTEEN emails to E-hell (sue me!) and all I got was repeated, irrelevant, copy and paste nonsense. I'm disgusted with 'em.

Joe, Manchester,

I hope the court finds in favor of Mr Read and Mr Jones ends up paying all the costs. A few words of advice to Mr Read:

1) Get a good solicitor and use them wisely
2) Avoid emotional responses
3) Remain accurate and concise at all times
4) Be prepared to allow a reasonable settlement

Good luck!

Graham F, Watford, UK

eBay is mostly for people looking for bargains. These things may happen. Buy NEW products!

Paco, Marbella, Spain

Ebay contains the seeds of its own destruction. It is now patronised by hordes of tyre-kicking buyers who think that everything they buy should be a cheap bargain from which they can profit by onselling and have no realistic concept of the relationship of price to value.

Michael Faragher, Canberra, Australia

I just had a look at the sellers other feedbacks, seems odd that he has had 6 other negative feedbacks in the past 6 months and a further 9 in the past 12 months totaling 15 altogether. This out of a total of 588 feedbacks. Seller also has nothing advertised on ebay at this time. Wonder why!

Ray Tysall, Ligne, France

Not allowing bad sellers to leave retaliation feedback was one of the best decisions that Ebay has done so far, they should have done it years ago and maybe they wouldn't have lost so many buyers. Ebay would be a much more viable place to shop if it weren't for the many, many sellers like this one.

flinter, Chicago , usa

The decision by ebay to prevent sellers leaving comments is an EXCELLENT idea. it puts the power back in the consumers hands so now the seller must provide the buyer with an outstanding and accurate service with no sneaky trickery as seen in the above case!

hang on, isnt that what's expected anyway

Chris, london, london

eBay is full of sellers trading in, broken, tatty and falsely described junk. This is the online equivalent of a dodgy car-boot sale. Buyers need more protection from unscrupulous sellers and until eBay can deliver this, its decline will continue.

sedgwick, London, UK

ebayer buyer feedback means nothing anymore since they can only receive "positives".

tom, elbow, usa

Ebay screwed up when it removed a seller's right to leave negative feedback. In this case, the seller would have probably left retaliatory feedback, which is not good, but nonetheless, both parties should have full feedback privileges. The "level playing field" is not level anymore.

tom, elbow, usa

The answer is for sellers to have a 72hr 'window' to leave feedback immediately after payment is made then buyers can then freely leave f/b on delivery of the item.
Secondly sellers have the right to suspend publication of neg f/b pending ebay adjudication.

Thus sellers leave f/b on payment

P D Cunningham, Cassatt, SC/USA

It just occurred to me that in some jurisdictions threatening a lawsuit is itself actionable since it is considered a kind of extortion. Is that true in England, where I take it this case is likely to be heard?

abunudnik@gmail.com, Toronto, Canada

E-Bay should return the Seller Feedback option even though some buyers may depart the site.The Seller here is obviously the sort that over reacts but he should be able to state his case through the same media the buyer/grievant. This is not a matter for the Courts.

ALM, Seneca, SC/USA

Just a way to get publicity. This will drive huge traffic to his eBay auctions!

Bruce, Bloomfield, CT, USA

As a member since '03, I have received just one non-positive feedback - and it was in response a neutral I had left for the seller. An eBay seller has a much larger obligation than the buyer; all the buyer needs to do is pay quickly and communicate. Sellers should represent accurately and honestly!

k-mac, rochester, USA

Sellers pay eBay but if it didn't attract buyers there would be no market. So eBay has to protect buyers to protect the whole market.

Many sellers could never get this large a market if not for eBay. But that includes the entire Web 2.0 experience. The rating/feedback process is a key part.

Paul, Toronto, Canada

The problem with allowing the seller feedback is that they can just wait for your feedback on them. If you pay on time and don't get the item you wanted - therefore, leaving negative feedback, they will just leave a negative feedback in return. It's a lose/lose for the buyer.

Dan, Cincinnati, USA

I have had to deal with not so nice buyers and now we cannot protect ourselves. Ebay are not behaving fairly here and I for one will shortly stop using them because of this.

John Bull, Worthing, UK

The seller is obviously onto a loosing case, reading the advert for the phone he's described the item as the F700 but shows a picture of the F700V and thinks this is enough to protect him. Also reading his advert it's filled with not so vailed threats of leaving negative feedback for buyers !

Gavin Jackson, Greenock, Scotland

Ebay is a monopoly. Monopolies tend to cause this type of situation. The seller was denied his right to answer the negative feedback. It seems that this type of thing is a frequent occurence on Ebay. Ironically there has been no evidence by the buyer that it was the wrong item,.

Harvey, Glenville, USA

let the seller beware

bruce, tacoma, usa

I myself have stopped selling on E-bay after they stopped allowing sellers to leave negative feedback. After the policy change, I had a buyer demand a full refund and be allowed to keep the product, or he would leave me negative feedback, pure blackmail. That was the end of my E-baying....

DC, Scottsdale, USA

If you look on Goofbay, a thorough feedback checking website, that preserves all old comments, you see ebay seller 'onsalexuk' has a horrendously low score of only 64 %. I would never buy from an ebay seller with a score lower than 95 %.

Paul, The Hague, The Netherlands

Sellers are at the mercy of buyers. Many times you can get a good feedback, but they can give you poor reviews in the other categories (like shipping, service, etc) and the seller has no idea who left what.. Other folks have poor rating so they give you trhe same...kind of a cyber-revenge.

JH, Hillsborough, USA

If you read the seller's Feedback on E bayer it says it all. Clearly this guy is a jerk. There are numerous other negative feedbacks for poor quality goods.

peter, London,

I had to foreclose on my home because of ebay. Their feedback system put me out of business I got ripped off by several unscrupulous buyers who know they don't get negative feedback if they decide to scam you by not paying or by bidding and then wanting the item and refund too. I suing ebay!

Christine, Saginaw, USA

I got a Negative FB on the same day from an Australian who didn’t complete the checkout saying item arrived damaged, I’m in the UK! The Ebay FB system needs changing, a NFB should only be possible by requesting it from an Ebay not the buyer pressing a button.

Fraser Hind, West Kirby, England

Why bother with a refund when they are going to just neg you anyway? The seller handled the return in a courteous manner, and the buyer was unreasonable.

The picture in the auction was the Samsung F700V and this was stated clearly on the box. And chipped? Phone was used not new!

Kat, Elgin, USA

An appalling action from the seller. I will never buy from this man in 100000 years now ! In fact I will not use eBay for allowing such a system of feedback which is not working. A 100% postive feedback is as useful as 0% positive feedback - in other words meaningless.

Roger Huyton, Surrey, UK

I have been scammed on Ebay,,, however, I proved I am smarter than these rascals who deliberately pull off these crimes while Ebay sits and watches. I once drove 700 miles to confront one of them, and left with my money. Fool me once...................

Ken Dempsey, Missouri Valley, Iowa, USA

The buyer got a no quibble refund, money back and able to return the phone without a problem. So how did the seller deserve Negative feedback? He should have been left neutral feedback. How would the buyer like it if this happened to him at his place of work to him? Its not fair to the seller

L Jones, East Anglia,

The sellers ad was misleading at best. He stated the phone was an F700 several times, but the picture of the box clearly shows it was an F700V. See for yourself ebay item 380061414077. Honest sellers should leave FB once the buyer pays instead of using it as an extortion tool.

Matt, Schaumburg, USA

The seller's lawyer should take the case on a "no fee no take" basis.

mike, Rennes, France

no need to worry about libel if what you say is true. it is up to the plaintiff to prove it is untrue

peter c, Devizes, Wessex

In actuality, he's making a valid point that the current system with ebay is flawed. To do this, he has to sue his buyer. I agree with the point he's making. Ebay made unnecessary changes that impact the sellers fees, even when the seller does everything right. The buyers have unfair control.

Sandra, Desoto, USA

The owners of ebay are perfectly fit to police their own website. There is no need for the Queen to start organizing the Internet.

jake, London, England

Watch out or he might sue you for leaving negative feedback about your comments on his behavior. My word, it is amazing people like this exist. Sometimes I wonder if the Lord created these people to add humor to our lives or just to take up space.

John, Kirkland, WA, USA

Sue D from Cheshire,
Yeah clearly an ounce of common sense would make you realise that was not an email from ebay.
It's clearly a scam email by some fraudster... so whilst you made the right choice in not responding... it's hardly fair to blame ebay for it!

mark, exeter,

Its so simple...... Don't use e-bay its rife with dodgy dealers use one of those things called a shop.

John Pope, Aughton, England

The SELLER messed up & sent the wrong phone. It was an easy enough mistake with a model number 700 vs a 700V. Who really knows if the phone was "scratchy"? The SELLER made a refund to the BUYER. The buyer should have left a NEUTRAL feedback.

Smoochy, New Orleans, USA

Ebay is 100% ineffectual where a buyer is 'ripped off'. If the seller 'digs in their heels' the buyer has too many hoops to jump thru.

example an item is sold as 'ebony' but turns out to be painted wood

the seller balks

Ebay says buyer MUST get certification($$) item is not ebony as advertized

recher, Lismore, asutralia

The lawsuit is frivolous. IMO the negative FB was unwarranted though. If the buyer received a refund with no hassles from the seller then negative FB was inappropriate. Sellers sometimes make mistakes but it sounds like he rectified the problem. Neutral FB would have been more appropriate.

Kenneth Duckett, Locust Grove, USA

I'm very glad Ebay took away the seller feedback for buyer. I once bought a used phone that was not working. I left negative feedback for the seller and he left a negative feedback for me as punishment.

N Papadopoulos, Liverpool, UK

This is a joke. Someone who was an 'unkinown' has now become a 'known' and I'm afraid has tarnished his own reputation by sueing his customer. Tisk, tisk!

Diane, Santa Maria, USA

Thank you scratchy phone seller! Caveat vendor - if the goods are not how you describe them, a libel action will deliver your just deserts - cost, damaged reputation, and a intersting story to follow in the press at a time when most of the rest of the news is less entertaining.

Al, Evesham, uk

I bought a dvd player on Ebay once the seller would no receive the return until I removed the neg. The second shipment was also defective. On amazon.com you can contact their customer service. On Ebay no such creature you are on your own. I learned my lesson quick. Amazon.com is the way to go.

Shane NJ, Hammonton, U. S.A.

It was a good day when Ebay removed the retaliation feedback option for Sellers. I got negatives from bad sellers if I left an honest criticism. Even if you get your money back, someone who misrepresents products as something they're not is wrong.

Kevin, Concord, USA

This is hilarious! Joel Jones is worried that the negative feedback will hurt his business? Suing your customers is certainly not going to help. Next phone I buy on eBay won't be from someone known internationally for suing his customers.

Whatever happened to that axiom:
"The customer is ALWAYS right"?

D.B. Walle, Gainesville, Florida, USA

seller's have rights. ebay -transaction based,makes money based on buyers, it seems to always side w/buyers. I had 984 positive feedbacks and ebay suspended me because in 6 years 7 buyers left negative feedback. 3 never paid, 2 claimed non-receipt and 1 was under 18 & her daddy apologized. greedbay

rod, houston, usa

I once bought a computer book from a jerk who left the feedback "Hope you enjoy your new sex toy". I asked him to remove the comment- - he said "No". I complained to eBay, and was told "Since he didn't leave you negative feedback, you have nothing to complain about". I quit buying on eBay.

Betty, Arizona, USA

Got scammed on E-Bay. Jerk sold the product to somebody else then said we could have a replacement if we sent another check and he would send the first one back - got check first, sent another and got the wrong product. Same sort of whine from neg post - no money back, left the neg post forever!

Sable, Springfield,

Let him sue. He will lose. Obviously a bad businessman too. "The scratchy phone seller who sues his customers".

I'm glad Ebay took away the seller feedback for buyer. I once bought a used PC that was DOA. I left a bad feedback for the seller and they left a bad feedback for me as punishment.

Jeff Bullard, Dallas, USA

For being such a fun & convenient site that's made its owners very rich, Ebay does very little when it comes to protecting their buyers. They do not advocate for buyers when items don't arrive or if sellers behave unprofessionally. I think everyone's lost money on the site. They need to do better.

Marie, California,, U.S.

10 yrs on ebay taught me: Communicate- before branding w/neg fdbck give the problem a chance to be resolved. I make mistakes, seldom..., but I fix 'em 2 the Buyers satisfaction. Seller can respond 2 neg fdbck. Ebay would rather have a dispute settled. Don't assume the worst. Give Peace a chance.100%

A Bert, G'ville, America

We also had a problem with an eBay seller, same type of situation. Anyway, we contacted eBay for resolution, and we posted negative feedback. The seller, a major seller, finally refunded and posted negative feedback in turn. We filed a complaint with eBay and then cancelled our eBay accounts.

Dr. John Ivy, Sandpoint,

Mr Jones has no locus standi in this case. A case of libel can only suffice when the contents of the statement are false and issued with malice. In this situation none was evident to suggest libel. It is only laughable that mr Jones approached a court for redress.

Obidike Onyedibe, London, England

I got scammed by a seller who had a 97% favorable feedback rating. It was mystifying.

GuyInCT, CT, USA

the funny part is that this seller who is fearing his reputation has under 600 feedback... hardly a full time job LOL

jb, montgomery,

I had two negative experiences dealing with ebay sellers and I will never, never buy anything on ebay again. Try to contact ebay managers for any resolution....it's impossible. I left negative feedback on both of these transactions and I was relentlessly ridiculed by the seller as a "bad" buyer.

Mike McConnell, Wisconsin , USA

The current feedback system on ebay is a joke. Buyers are at such an advantage concerning every transaction that buyer perpetrated fraud is at an all time high. Sellers aren't allowed to leave negative feedback, but are extorted using the feedback system by customers. Backwards and brutal.

Reno, Bangor, ME, USA

I purchased a piano on eBay. On delivery, it was not the advertised make but I accepted it. Weeks later eBay emailed me asking if I would advise a new customer of my experience. I prepared my email reply but eBay would not allow me to send it without providing my credit card details! I didn't!

Sue D, Cheshire, UK

The seller messed with the customer and the customer responded. By taking this to court the seller is going to end up with huge costs and zero reputation. He has sunk his own business far more than the buyer did for expressing his opinion. If you don't like negative feedback then don't mess up.

Anthony Lester, Brum,

Buyers should have every right to complain about a bad item. Why should we have to cover up for bad sellers? If buyers are intimidated by this case then we will have no way of assessing the items that we are buying or the likely level of service on a transaction.

André, Brooklyn, USA

I sell on eBay and had a bad buyer several weeks ago. He complained about an item I know was in perfect condition to blackmail me into a refund. To protect my perfect feedback score, I gave a refund and he kept the item. He still left neg. feedback & I have no recourse. The current system is bad!

Jane, Texas, USA

The seller is wasting his time and money. The refund indicates an acceptance of liability by the seller for a false description; so, where is the 'untrue statement of fact' the law requires for Libel?
The buyer should report the false trade description to his local Trading Standards office.

m collins, Leeds,

To Henry in Virginia Beach. I presume you think that just because the guy got a refund he should withdraw his feedback so the phone could be used to rip someone else off?
I was done on my first e bay purchase. I left negative feedback and only then did the guy care. Electronic car boot sale!

Chall, Shrewsbury,

Surely eBay should be shutting Jones' account down. If he's not prepared to accept negative feedback he must be in breach of contract.

Ed, Malaga,

' he will always be known as the scratchy phone seller who sues his customers'.

Hilarious. That one had me laughing out loud!!

George, Birmingham, UK

The seller has many negative and neutral feedbacks the past year. I wonder if he's going to sue all of them too? Perhaps now we should have a gag rule when a customer is unsatisfied. But I thought libel meant untrue statements. Seems pretty true to me, but now the courts will have to affirm.

GA, Tucson, AZ

Dee from USA is 100% right, nay 1,000%.

David from Park Slope, Brooklyn, NY, Brooklyn, USA

Well done, Mr. Read, for standing your ground. I buy lots of goods on ebay with no trouble, but I have been ripped off twice by unscrupulous sellers, and it is quite clear that everything is loaded in favour of the seller. Leaving negative feedback is the only weapon we have - to WARN others.

Richard Cleeve, EASTBOURNE,

Well because of the infamy he has received due to the Media, if his sales continue to fall maybe he should sue the media.

And if his sales are falling does he think a one off payment of £175 will fix his problem. Even if the buyer now removes the feedback the seller will still be remembered.

Muhammad Sameja, Leicester,

The seller will lose the case and now has his name all over the papers as someone who can't take constructive criticsim. The whole point of the ebay and Amazon rating systems is that they rely on volume. If a seller gets 20 good reviews and one bad any intelligent person can weigh the balance.

Clint, Brighton, UK

It would be in ebayer buyers interest not to do business with this seller,If he is liable to sue a buyer,for making comments about the goods he sells
The bottom line is, purchase from this seller,leave negative feedback. he will then sue you
It is best to leave this seller well alone

S Fleetwood, Irby.wirral, UK

stopped using ebay months ago because both buyers and sellers seemed a bit unhinged and just waiting to find fault with anything. i now use craigslist exclusively.

jim, goldendale, usa

the buyer is right. he refunded the money. now his business is ruined for an already resolved issue. these buyers are trying to get a phone, but the sellars are trying to earn a living

Pope Smythe, Manchester, UK

Ebay has changed it's policies to protect buyers at the expense of sellers which makes no sense as it's the sellers that pay Ebays bills. One only has to check out the site to see that Ebay's sinking. However, in this case it would have behooved the seller to simply give a full refund.

Kathy, Elburn, USA

Bryan Bradley, you - and others here - are absolutely right. However, let us not assume that the British "justice" system is in possession of the common sense that we are. I wouldn't be surprised if Mr Read is found "guilty".

Marco, Kraków, Poland

So the seller gave the buyer his money back. So what? That somehow fixes the buyer's experience? I go to a restaurant, order a meal, receive the WRONG meal AND it tastes bad, I'm to be satisfied that I get my money back and not say anything negative about the restaurant? That's ludicrous.

Ira M. Weiser, Deerfield, USA

ebay is dead if this goes to court.

bob mckenna, inman, usa

Frivolous.... Ebay allows feedback and if the buyer wasn't happy with the item he is allowed to say what was wrong with the phone. This protects consumers that use the online market place.... The seller needs to get a real job....

Chris, Houston, TX, USA

Why doesn't the buyer register an on-line complaint with the Better Business Bureau? Consumers need to be warned against business people like Joel Jones, and e-Bay may not be the only way he sells merchandise. The State Attorney General may also need to get involved. "Let the Seller Beware!"

Rock, Kansas City, MO., USA

As a businessman I find this seller's actions from Ebay very foolhardy. He has virtually destroyed his business. Perhaps he would do well to go back to car boot sales. Ebay itself doesn't come out this well, it is perceived as a selling place for spivs and cads and this to extent confirms this.

Shay King, London, UK

In ten years on eBay, I have three negative feedback comments on my record.

In every case, the buyer discovered his error and wrote me--on his own initiative--to apologize.

The fault is eBay's for not offering any option for buyers to modify or remove feedback.

Valerie, SE Wisconsin, USA

eBay has gone over-board in noit allowing sellersw to leave a response to buyers. One can appreciate eBay's effortsd to protect buyers and it has improved slightly at this, but at the expense of sellers.
If you use Ebay a good bit, you run into some nuts,

Tom O'Neil, Tunkhannock, PA., United States

Disgraceful. Its not good enough to say "Oh I gave his money back that makes me good" don't ship poor goods in the first place in the hopes that most of your customers will put up with it and settle with the mis-described goods rather than have any hassle. His history says it all. I have pledged to donate in support of the buyer if it goes to court.

David, London,

It looks like Ebay needs to put limitations on the ability of sellers to sue in cases like these.

Pat, Altamonte Springs, USA

The seller understands the concept of Obamanomics. If you don't get what you want, use lawyers to bankrupt whomever you disagree with. The system is broken and it's mostly the falut of money-grubbing lawyers.

Albert G, HIckville, USA

I had a similar experiance. The seller threatened me with a lawsuit for feed I left - after a year I got a refund and I did change my feedback to say the problem was fixed.

Jack Murphy, Stillwater, usa

It's ridiculous to suggest that because Mr Read got a refund he should have kept quiet about this seller who, by looking at his previous feedbacks, has done this sort of thing before. Would you accept an apology from a murderer and then let him go? OK over the top I know, but same difference.

Kate, Kent, UK

It's a pity but lawyers do take cases from bullies with cases with little merit - and judges sometimes side with such people.
The moral - Don't trust anyone who uses the law to bully.
Blacklist this guy immediately. Well done the Times for exposing him for what he is.

richard, Huntingdon, Cambs

The seller doesn't understand the basics of free enterprise: if you do shoddy work, your reputation, and thus your business, will decline. The beauty of capitalism is that it weeds out the bad businesses.
Instead of childishly whining "it's not fair", he should learn from his mistakes and IMPROVE!

Dee, USA,

It was up to Mr Jones to compensate Mr Read for his inconvenience, in return for withholding negative feedback. Something a seller worth dealing with would have negotiated. That's why good ebay sellers have good scores, not because they take their customers to court!

Andy, Bristol, UK

EVERYONE has who posted has missed out on the most IMPORTANT adage in the commercial world:

THE CUSTOMER IS ALWAYS RIGHT! Sorry for the caps but I cannot believe people forget that the stores exist for the consumer.

Alex, London,

Surely the arguement could have been pursued by the buyer as the item advertised was not as described so maybe this is covered under the mis descriptions act and counter sued him , this is getting crazy , there is no intent in this message to discriminate between buyer or seller so don't sue me!

MR DARREN ROBINSON, BEDWORTH, ENGLAND

If the SELLER gave a "no questions asked" REFUND, then why should the buyer leave negative feedback? Ebay sellers' businesses are vulnerable to vindictive buyers and one negative feedback can cause the business to suffer. Ebay changes gave non-paying bidders more power to cause havoc on Ebay.

Henry, Virginia Beach, VA, USA

In order for something to be libelous it has to be both damaging and untrue. Even in these cases there is still a defence where the person has a reasonable belief that what they were saying was true at the time they said it.

The threatening letter was a toothless tactic that backfired.

Paul, London,

Six years ago, I dated a Seller on Ebay. He made a lot of money by deliberately misrepresenting the quality of the junk he sold. He shipped packages with Postal Service insurance, from which he settled damage claims by customers. Most Buyers don't complain or leave feedback. Unethical, easy cash.

J. Ehlmsford, New York, USA

Ebay is already an extremely seller-friendly system.
So much banter about buyers, but they have to put the money forward. The sellers dont send anything unless they see the money... amazing how sellers still complain. Ebay should hold onto the money until the goods arrive and are approved by them.

Andrea Campisano, Cork, Ireland

Despite eBay's rules, procedures, and protections it is still at most a "buyer beware" site. I believe that Craig's List actually offers the most protection as you can meet the person you will perform a transaction with. The only party protected by eBay's rules is eBay. I won a rusty car, whoopee!

Alan, Houston, USA

The e-bay seller will only further discredit himself, more than he ALREADY HAS. The BUYER HAS EVERY RIGHT TO SAY SOMETHING, WHETHER HE WAS PAID BACK OR NOT!!!!! BUYER....Thanks for letting the rest of us know !!!!!!!!!

LindaB, San Antonio, USA

If the buyer told what is true what is the problem!

There is more of problem in the cosy relationship between paypal and ebay that the authorities need to look into.

Mike, London, UK

Seller refunded, how much trouble did the buyer to go in lost time watching the item before winning, especially when it was the wrong phone, given the seller can't reply perhaps after one month this negative remark should be removed but for now keeps buyers aware.

peter, wigan, England

"However, as the law of libel - that of publishing a false or defamatory statement which damages someone's reputation"

Incorrect. The statement must be false. If the statement is true then it doesn't matter if it is defamatory; it is not libelous.

Fred, Wigton, UK

PERSON has THE RIGHTTO PUBLISH THE TRUTH!! Only exception if it is an official state secret as defined by law , or prohibited by court order. False kinformation only is libel.

Emery Fekete, Pembroke Pines FL, USA

It's my understanding that, legally, libel has to show a "blatent disregard for the truth". If this is true, then this case has no legal merit.

(Full Disclosure: I'm not trained in any way in the law...I just have a command of useless information.)

Tom, Anchorage, AK, USA

Truth is the ultimate defense

Paul Kersey, Virginia Beach, USA

Oh come on. Ebay runs on feedback. The buyer should have amended his comment to reflect the refund but the seller should have taken it on the chin.

Laura, Petaluma, California, USA

Mr Jones's elevator does not go to the top floor. He sells a chipped phone that was NOT what the customer ordered. It is a FACT that he sold defective merchandise. If it were NOT a fact, he would not have paid the refund!

John Greenbrier, Dartmouth, Canada

Seller has 9 negative and 10 neutral feedback in the last 12 months, this is a very bad rating, I would never buy anything someone with his feedback score.

Barje, Rainbow City, US

This makes me wary of using ebay at all.

Chris F, London, England,

You're all missing the point. The seller refunded the buyer yet the buyer used the feedback process to tarnish the seller. This is the same as returning an item at an electronics store, then spray-painting angry comments on their front door. The seller remedied the problem. The buyer lashed out.

George Paxman, Charlotte, NC, USA

Another agressive eBay seller. Last month I cancelled both my eBay and Paypal accounts after the 4th of my last 6 purchases went to dipute. In my opinion, eBay/Paypal encourages this kind of agressivess on the part of sellers by not adequately protecting sellers.

David Craig, Santa Cruz, USA

I'm sure the guy's losing business - he deserves to. Who wants to buy from a seller who whinges then sues you? Ebay is Ebay - he knows the rules. I'll be giving him a wide berth if he crosses my Ebay path.

Jeff Grant, London, UK

I am an Ebay seller, and warned them that their practice of letting only buyers leave negative feedback was wrong. They told me without the buyers they would have no business. My reply was, "without the sellers, you would have no buyers". Where is the fairness?

M.J. Clough, Ellsworth, U.S.A.

He should know that any good seller should describe an item with any negative points such as scratches, otherwise he will get negative feedback.

Would love to see his description and a picture of the phone.

Johnny, Leicester, UK

Why on earth didnt the seller apologise to the buyer for sending the wrong item then the feedback could have been mutually withdrawn through ebay thus having no effect on his status

S Beckett, Peterborough,

We're getting to the stage that the truth is not acceptable if it has any negative overtones. The guy told the truth, the phone was scratched, for once I hope the courts use common sense and throw out this crazy claim. Well done to the buyer for sticking to his guns, he's helping us all

steve, Appleby In Westmorland, uk

the seller is being very petty. i work for one of the largest sellers on ebay, and to say that it is affecting his business is ridiculous. he has another 8 negatives, which are far more damaging than that one, and when i looked, he wasn't selling anything anyway! crazy. it's not worth the hassle.

JD, Manchester, UK

This is why I no longer use eBay...it's too much trouble and too much drama.

KP, Bradenton, USA

This is crazy! Why don't we let the hotel chains sue everyone who has posted on trip advisor? This case will get thrown out. I am sure that somewhere in e-bays terms and conditions about feedback, it says that you agree to accept all feedback in regards to your sales, negative and positive.

adam, Omaha, USA

Your business is supposed to be affected by how you operate it and serve your customers.

Elmer, Feltwell, UK

The defense to libel is the truth. If the Buyer told the truth, the Seller will lose not only his court case, but what is left of his Ebay reputation. Uh, oh, don't sue me for telling the truth!

Bryan Bradley, Florida, USA

Western society is drowning in goofballs.

Ken S, Henderson, USA

This is a joke, right? This guy had 10 neutral and 8 negative feedback before Mr Read left his feedback. He had a clear record of selling one thing and shipping another. I'm shocked any lawyer would take the case.

John Franklin, Seattle, US

I value my 100% eBay feedback greatly and with a 98.7 rating it obvious that the seller is not the "cleanest cook in the kitchen".
He may just be sloppy at record keeping and "lazy" about details and not unscrupulous at all, but I do read movie and restaurant reviews, whether I use them or not.

Kevin, Auburn Hills, US of A

The seller refunded the money..... what more can he do?
Mr. Read should be happy getting his money back, however he thought it was he duty to damage the sellers business. Mr Read needs to be sued for his unwillness to delete the negative feedback. Hopefully the courts see the simple truth.

Mel Klafke, Phoenix, Arizona, USA

both men are being jerks. real men would have a polite discussion. one would appologise and offer compesation, the other would graciously accept and remove the comment. they would both go on with their lives. i absolutely hate how litigous our society has become. it will be the fall of the west

jeffsd, San Diego, usa

The seller hasn't a prayer. He probably got his legal advice from a website selling form letters. Any attorney would tell him he hasn't a prayer. US libel and slander law is much MUCH different in the US than the UK (that is why US news outlets are sued in the UK and not in the US).

G, Washington, DC,

I have had buyers leave personal attacks in feedback.
Should I sue, NO This is just crazy

Suzanne, Michigan, US

This is open and shut. Frivolous, just like the "$54M Pants Case." Will be thrown out and the eBay seller will be forever known as the "scratchy phone seller who sues his customers."

Yes, poor judgment is with us, now and for always, too bad.

David Damore, Detroit, MI, United States

you guys are forgetting that the laws in UK and Canada were changed several years ago for "the good of the people" to not say negitive things EVEN IF TRUE!!
This really was an attempt to quiet the anti-abortion crowd and has since been used to silence those on the left to the critizems on the right

robert, galena, usa

guess what seller I won't be buying from. anyone who would sue a buyer for honest feedback doesn't deserve any business.

John, Orlando, Usa

Please....this is a no brainer. The item was damaged. PERIOD. The seller should go cry an ocean. Next time he should be more careful and send the correct product and UNDAMAGED!!

Robin, Lake Forest, USA

I quit buying anything on Ebay---I got burned to the tune of $2500 for an espresso machine plus another $2500 for repairs---$5000 total. Ebay did nothing to help me get my money back. Should've bought new---lesson learned.

J.T, ALLEN, USA

This is just silly. Both users have entered an agreement with Ebay by using the site for both buying and selling. The contract that they made their purchases under will decide weather it's libel or not. It appears that Ebay does not see this as a libelous comment, ... case closed.

Mark, LaSalle, Canada

When e-bay takes away Mr. Jones' opportunity to answer and face his accuser, that is a problem that e-bay needs to fix. The fact that Jones is quick to file the suit rather than using the reconciliation procedure does not bode well for Mr. Jones. Is Mr. Jones now shining up the phone for the trial?

J, Virginia, USA

Well, yeah.. of course it hurts his business a little. That's the whole idea of feedback!!

I don't know about the UK, but in my country the truth is an absolute defense against libel.

Ted, Fort Wayne, USA

What a great way to kill your business.

John Mulholland, Smithfield, UT, USA

I have had a number of issues with sellers on Ebay, and stopped shopping through them. These include: falsely advertised products, refurbished products sold as new, inflated shipping charges sellers use to enhance their profits, and sellers expecting me to pay return shipping for their mistakes.

Christopher McElree, Fairbanks, AK, USA

For every bad buyer on ebay there are 100 bad sellers. Ebay has always defended the sellers every time a seller sent me garbage rather than what I paid for. This is because ebay gets paid by the sellers, not the buyers. It is too bad the ebay is so poorly run that it lets buyers get ripped-off.

Mark Bennett, Tacoma, USA

I would back Mr Read 100% on this one. Doesn't Jones think he has damaged his business far more with the threat of lawsuit and subsequent publicity? Wasn't the orginal damage to the business caused by him falsely advertising a product and shipping another model without buyer permission?

Gary, Phoenix, USA

Mr. Read may be right, but if he will mention that the item was sub-satisfactory, it should only be considered fair that he also must make clear that he received a refund, therefore not leading potential customers to believe he was stuck with the phone he didn't want.

James, Brielle, New Jersey, USA

eBay should pay for the customer's legal costs. They have the most to lose from this.

Bill Sundling, Neeah, Wisconsin, USA

I think Mr. Read has every right to post his comments if the seller is falsely advertising the merchandise. If the seller's business is being affected, it's because he only has a 98.7 feedback rating to begin with. Hopefully, the courts will see what a frivilous lawsuit this is.

Alisha , Michigan, USA

If the product was chipped, it was chipped. How can reporting the truth be libelous. The seller seems to be trying to bully Mr Read into retracting his truthful comment. If I was Mr Read I'd stand my ground, lets hope he wins the case and it is the seller that has the excessive costs etc. to pay

Douglas Newell, Saltcoats, UK