August 15, 2007 - 6 PM CST

Today, I sent eBay another formal letter, this one disputing the debt they claim that I owe them and that they keep e-mailing me about. This puts them on notice that any attempts to collect the debt will be considered fraudulent and preserves some pretty important rights for the future. Its all fun and games until somebody gets sued, right?

eBay, Inc.
ICO National Registered Agents, Inc.
2030 Main Street, Suite 1030
Irvine, CA 92614-7354

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
ARTICLE NO. 7007 0220 0001 1178 1403

Date: August 15, 2007
In Re: eBay Seller Accounts “houseofsurplus” and “toner2600”

To Whom It May Concern:

This letter serves as notice to you that I hereby dispute the validity of the entire balance of the below mentioned accounts. My dispute includes any charges you have placed on the account to date as well as any future charges that you may place. The reason for my dispute is that you have failed to provide the services as they were represented, expected and charged for.

Furthermore, I instruct you to inform any credit bureaus, collection agencies or other entities to which you may have reported this debt to, or that you in the future report this debt to, that I dispute the validity of these debts and my reasons for doing so. I instruct you to continue informing as specified above until and if I notify you in writing to cease such informing.

Furthermore, you are hereby notified that you are no longer authorized to charge my credit card or debit my bank account for any amount, by any manner for any reasons. I hereby revoke any previously granted authorizations for any and all credit card accounts or bank accounts I have ever had on file with you.

If you continue to attempt to charge said accounts for any reason, such attempts will be deemed an act of fraud and any successfully billed charges will be disputed with the financial institution. Additionally, I will pursue any and all legal remedies available to me at law.

Sincerely yours,

Keith Kimmel
eBay User “houseofsurplus”
eBay User “toner2600”
Owner, The House of Surplus

Cc:

eBay, Inc.
Attn: Legal Department
2145 Hamilton Ave
San Jose, CA 95125-5905

(Via First Class Mail, Postage Prepaid)

 

eBay, Inc.
ICO National Registered Agents, Inc.
2030 Main Street, Suite 1030
Irvine, CA 92614-7354

(Via First Class Mail, Postage Prepaid)

 

August 13, 2007 - 8 AM CST

Today, I sent eBay the first in what I am confident will be a tall pile of communications to their legal department and their registered agent. This particular letter concerns their decision to completely lock me out of my account and deny me access to information about pending orders.

eBay, Inc.
ICO National Registered Agents, Inc.
2030 Main Street, Suite 1030
Irvine, CA 92614-7354

VIA OVERNIGHT MAIL, SIGNATURE REQUIRED
ARTICLE NO. EB 109373237 US

Date: August 13, 2007
In Re: eBay Seller “houseofsurplus”

To Whom It May Concern:

It has come to my attention that you have suspended my eBay seller account for perceived violations of your polices, which you have elected not to substantiate in any meaningful way despite numerous requests to do so. I dispute that assertion and reserve the right to pursue legal and other action concerning same, but this letter concerns another specific issue related to the suspension.

During the time that I have been a seller on your site, I have entered into numerous transactions with other users and you have charged me a fee for that service. Those transactions involve your users purchasing items from me through your website and you charging me a fee for each order placed. Customers except me to ship them their product in consideration of the payments they have made to me.

Your website also contains facilities known as Selling Manager Pro, whereby sellers such as myself can keep track of which orders have been shipped, which orders have been paid and which orders still need to be shipped. Each order contains information about the orders placed by the customer, including which products were ordered, the address that the customer wants their items shipped to, the customer’s electronic mail address and in some cases the customer’s telephone number. Some orders also contain notes placed by the customer as to specific requests concerning their orders.

You have recently removed my access to my account, including the shipping addresses of my customers and the status of my orders. Without access to this information, I will be unable to fulfill my obligations (specifically, I will be unable to ship orders) to my customers. As a result of this, customers may choose to contact their credit card issuing banks and request reversal of charges for various reasons, most likely non receipt of the ordered product. This will result in a severe and irrevocable financial hardship to my business. It is my position that this constitutes a breach of our agreement as well as an attempt to defraud me in addition to an attempt to compete unfairly in the marketplace.

Please be advised that if you do not take immediate action to rectify this breach of our agreement, I will be left with no choice but to seek redress through the courts by filing a civil lawsuit. Should I be forced to take legal action to cure this breach, please be aware that it is my intent to hold eBay legally and financially responsible for any and all losses of any and every kind that I should suffer as a result of your refusal to correct this situation. My having made you aware of the situation, the imminent harm that lack of action will undoubtedly cause, I have given you an adequate opportunity to mitigate your damages, which you have a common law duty to do.

In consideration of the above, I demand that you immediately and without delay restore my access to the Selling Manager Pro section of the website, or in the alternative immediately and without delay produce the equivalent information in a hard copy (printed) format sufficient to allow me to fill the outstanding orders. This production of information should include, at a minimum, the name of each customer, what they ordered, their telephone number and/or e-mail addresses (as would have been available through Selling Manager Pro), the amount they paid, the address that the seller is requested to ship to and the status of the order as far as payment and shipping is concerned.

Your attention to this very important matter will be appreciated. If you have any questions, I may be reached by telephone at [Redacted] during normal business hours or via e-mail at [Redacted]. You may send the requested documents and any replies or other written information to the address above.

Sincerely yours,

Keith Kimmel
eBay User “houseofsurplus”
Owner, The House of Surplus

Cc:

eBay, Inc.

Attn: Legal Department
2145 Hamilton Ave
San Jose, CA 95125-5905

(Via First Class Mail, Postage Prepaid)

eBay, Inc.

ICO National Registered Agents, Inc.
2030 Main Street, Suite 1030
Irvine, CA 92614-7354

(Via First Class Mail, Postage Prepaid)