Ebay

[adridude]

Hi,

 

I've just had a call from someone at Newman and Company regarding £38 oustanding on my ebay account, which yes, I should really pay off.

 

WHen I was in my ebay over the weekend, I sent someone who bought something off of me a private message to confirm that he got everything A.O.K., which he did.

 

THis newman and company, said, 'I've noticed that you've been logged into your account as I can see you've sent a message to x about y, and theyve since replied back. Can you let us (newman, not ebay) know when payment will be made'

 

CAN they log into my account like that???? I would have through that some's shopping history was private? Even on ebay it can be kept provate if you so wish it to.

 

I'd like some advice on this please, as I'm extremely concerned that ebay can quite happily let some random person form some random company log into my account on a mere £38!

 

Cheers

 

A

[citizenB]

I dont know the answer to your question, but am as interested in any replies you might receive.

 

This is indeed very worrying and may well breach DPA. However, as I simply do not know, I will flag your thread for site team - I am sure one of them WILL

[citizenB]

It has been suggested (below) that you make a complaint to Ebay and the Information Commissioner - make sure you keep any evidence to present.

 

This really is quite serious and if true - that someone can access peoples accounts and messaging systems - Ebay would lose members in droves.

 

 

Complaint to the ICO / Ebay' date=' keep all the evidence.[/quote']

[adridude]

Just to update, I called today and spoke to a different person, I re-confirmed that this guy from yesterday (names Aaron) was logged into my account.

[adridude]

Seeing as it raised the attention of the CAG team, I'll see if I can download the sound files from my phone (personal details edited out) and post the link on here. I'll try call back, speak to this 'Aaron' and get a log from now on (recorded)

[adridude]

I've sent a SAR requesting the audio logs as they record calls, so I'll post them when I get them, personal details will be dubbed out

[citizenB]

If you let us know when they are received - someone will talk you through how to post them up.

[adridude]

It's ok, I have a few servers kicking around on the web as it is, I'll convert them to mp3 format and post them on there + shove the links on here

 

Another thing, nice avatar, hah love it, too cute

[citizenB]

It's ok, I have a few servers kicking around on the web as it is, I'll convert them to mp3 format and post them on there + shove the links on here

 

Another thing, nice avatar, hah love it, too cute

 

I must admit to liking yours..

[caro]

This is quite shocking. I suggest that you make a complaint to the OFT about it too.

[Bang!]

Its looking like Ebay are taking the "you owe us we can do anything we want" approach that banks and DCAs tried for years until the powers that be took token interest.

[adridude]

Right.

 

After some thought and referring back to an old post I put up years ago:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?24016-Harassment-and-Phonecalls-(Can-Stop-Them)&p=187303#post187303

 

I was wondering who actually is behind the ADministration of Justice Act (all acts are at the bottom of my first post in the above link).

 

I've decided that I'm going to pursue this as its about time someone put their foot down. I will make a spectacle of this and try get a newspaper or two involved. First off I need some guidance from this end.

 

What I want to achieve is:

 

1) Newman & Co reprimand for the Admin of Justice Act blatent breach

2) Newman & Go reprimand for the Comms Act breach (as they continue to phone, despite me telling them I WILL NOT deal with you on the phone, their words are to the effect of 'we will be in contact regardless')

3) Dragging Ebay out into the open for supporting such companies which use such methods

4) As many fines to either as possible, it would be nice to see a few licenses revoked and/or their bank accounts squeezed for once

 

Can anyone offer me some impartial advice as to where to start when going about this?

 

Thanks

A

[citizenB]

I think first of all you need to speak to the Information Commissioner regarding Newman being able to see your private communication on Ebay.

 

Have you spoken to Ebay about this particular issue ? Almost certainly other ebayers would be interested in knowing if Newman have been given permission to monitor your communication via the private messaging service or indeed if Ebay are doing this as well !

 

If Newman are still telephoning despite your request to keep all communication in writing, then I think that needs to be reported to the OFT. It is a clear breach of their guidelines. Sadly, that is all they are guidelines.

[adridude]

When I phoned Newman back and spoke to a manager about it, the manager tried to backtrack and say 'He didnt mean that, he meant we have a console which ebay allow us to use to monitor your outstanding balances and transactions'. Point is I got no apology, and they DID try and make out that they were in my account. I think the latter is a slightly more correct way of putting it, but the initial lad I spoke to BLATENTLY tried to make me worry that he was in my account.

 

The manager I spoke to also said that, I dont have a harassment case as they HAD to contact me.. Interesting, since I todl them in the last 9 calls, all logged and recorded that I don't want calls, contact regarding any due balances etc... is to be made my post early. He is looking into this. He is also looking into what the lad actually said to me on the phone initially. i can see this phonecall recording mysteriously disappearing, or somehow the facts being twisted around.

 

ANy pre-emptive countermeasures?

[caro]

Any response to your SAR yet?

 

Have you sent them the letter asking them not to phone you?

 

Have you complained to the ICO?

[adridude]

SAR: No, I did notice that managers are pussyfooting around me now lol... It' still within the 28 days so SAR should be here any time soon

Letter: Yes, on several occasions, but the manager (the pussyfooter) was EXTREMELY apologetic (which is not theirdemeanour) and said he'll see to it immediately I'm not called. He did confirm over the phone that they contacted me 9 times after telling them LOL. Another fun bit for the SAR of voice recordings!

ICO: Not yet.. I want to get the SAR, all paperwork and ammo together before I launch a full on nuclear war war against them! If found in the past, if you're missing anything, companies like that as they can delay things for MONTHS. I don't want to give them any breathing room at all

 

Question: How does a company which breaks all these Stat INstruments etc.. get prosecuted? Is the prosecution initiated by someone like myself i.e. the one in their firing line or by people like the ICO, FSA etc...

[citizenB]

SAR: No, I did notice that managers are pussyfooting around me now lol... It' still within the 28 days so SAR should be here any time soon

Letter: Yes, on several occasions, but the manager (the pussyfooter) was EXTREMELY apologetic (which is not theirdemeanour) and said he'll see to it immediately I'm not called. He did confirm over the phone that they contacted me 9 times after telling them LOL. Another fun bit for the SAR of voice recordings!

ICO: Not yet.. I want to get the SAR, all paperwork and ammo together before I launch a full on nuclear war war against them! If found in the past, if you're missing anything, companies like that as they can delay things for MONTHS. I don't want to give them any breathing room at all

 

Question: How does a company which breaks all these Stat INstruments etc.. get prosecuted? Is the prosecution initiated by someone like myself i.e. the one in their firing line or by people like the ICO, FSA etc...

 

 

Hmm, it is for the regulatory authorities to prosecute for serious wrongdoings. OFT and ICO in this instance I would think ?

[adridude]

Well I've pulled a double whammy here. I agreed to pay them the amount today, which I could have done, but I merely want to challenge what the manager told me he'd do i.e. stop the calls.

 

This time I've got the call recorded and he knows it If this continues and I get enough firepower, I'll get my debs to fire up a site with a public blog on the happenings. Maybe that would wake ebay up. Plus having contacts in the local area times guardian might help.

 

I know I wound a bit oversealous, but there's only so much one can take, and furthermore, haven't ebay or Newman thought that wasting that many man power hours and however much they spent in calls, mail and admin work is making them a loss for amere £35 :-/

 

That reminds me, has anyone got unlimited access to companies house webcheck? It'd be interesting to see who the director(s)/partner(s)are, as next time I'll ask for them myself.

[citizenB]

It must be extremely frustrating and as you so rightly point out .. all for the sum of £35.00 !

 

It would be nice if a few ebay complaints could be channelled to one area..

[adridude]

I agree. I've refused to use ebay as I've bought and sold things on there in the past and had nothing but a nightmare. I've decided that, although more expensive, if I need anything, I'd rather spend the extra money and get things from more reputable sources to save me grief.

 

Either way, may I propose that we use this as a pioneering thread for such a forum subsection. What better to kick off a section on Ebay that one where they (or their representatives) blatantly used underhanded tactics to circumvent the law for their own personal gain.

 

I've had quite a few issues, from buying, to selling to people generally bothering me on Ebay. Seeing as life has gone e-commerce and Ebay has pretty much crossed most of our desktops at some point or another. Often I hear friends, clients and colleagues complaining about the horrid support system that Ebay have in place, furthermore, alot of people lose money because (example):

 

1) Joe Bloggs buys something from 'Seller A'

2) Joe Bloggs never receives the item, it's been paid for

3) Jow Bloggs opens a case on both paypal and ebay for 'non receipt'

4) Seller tries to con the person into thinking that 'if you close the case, we will send you the items or refund'

5) Joe Bloggs closes case

6) Seller still doesn't send item, nor refund

7) Jow Bloggs unable to open case as a closed case is closed for good

 

This happens ALOT! And I think that the FSA need to kick in here as PayPal, the Ebay company, are in the middle of this policy.

 

I've put the next in bold as its more significant to the thread:

Anyway, that aside, I still haven't received anything from my SAR, despite sending off the £10 (Postal Order, confirmed as uncashed, and Royal Mail tracked, confirmed as received). 28 days are long gone now, they state they have no evidence of a SAR nor payment, but I blatantly have Royal Mail proof it's received. What's plan B?

[citizenB]

SAR is 40 calendar days

 

Have you advised them that you have proof that it was received and SIGNED for

[citizenB]

If it gets to the stage after 40 calendar days nothing has been received - you should then send a "Failure to supply" letter - draft in the CAG library. I think this gives another 7/14 days.

 

The choice is then yours to either go to the ICO - long winded and toothless, although if they agree there has been a breach of the principles then it makes it easier for you to take your claim to court..

 

One such case for non compliance is detailed in the following.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**&highlight=SUCCESS

[adridude]

Just out of interest.. After negotiating with a manager I got the following letter:

 

http://s950.photobucket.com/albums/ad346/adridude/?action=view&current=Newman.jpg

 

Just a day afterwards I got a LBA/Doorstep;yet still no response to my SAR, confirmed the Post Office Order hasn't been cshed either. Unfortunately I didn't do that as recorded.

 

Any responses other than (send a recorded SAR) would be appreciated. I will in the morning (well, in a few hours... I've sat stewing over this. It seems they selectively skipped a few conversations.

 

The mail few I'm intersted in are the flurry which were when I panicked and:

 

1) They called me and did the 'we have full access thing'

2) when i calledback and confirmed this, as i asked for Lewis (I THINK) im not sure as I was a bit ****ed

3) called back again being a twit threatening that BBC were recording (hit)

4) called back, their tone changed

 

I must admit asaying BBC were here wwas a BAD noon! but it got em to shape up, thats when they turned around and said they ONLY had a sort of console access to ebay accounts.

 

Can I still contend this despite being ****ed when thy called? He did ask to speak to em so I said, Im kidding, they areant here and discussed its as best I could.

 

Either way, if I dont get a load of 'SAR CDs/MP3s' or something similar back, what can I do despite paying for it? Is there a more secureway to pay than postal order? Aparently card isn't enough?!

 

Cheers

 

 

Adrian

 

*edit* just to note for all those out ther with kids, Santa is real. He came through my google chimney, took a while but we got him out

Edited September 14, 2012 by adridude

[citizenB]

Sorry, I think you are indeed going to have to resend the Subject Access Request - only recorded delivery this time ! I think the only way to pay is either by Postal Order or Cheque. Did you have the postal order crossed which would mean that it could only be paid into a bank account.

 

If the postal order hasnt been cashed then you should send the receipt to the post office and ask for a refund. I dont know whether you will have to write to them or if you can just take the receipt to the post office.

[adridude]

I've resent it, this time by lol, parcel force 48! haha.. I have no other way of ensuring that some idiot the other end collects it. I'm sure they'll have fun with the 30 million polystyrene packing balls I placed in the 2ft x 2ft crate. Yes, I had it crossed this time. Either way there is no getting away form 'not receiving the SAR'.

 

I'm almost tempted to call the guy (the Buckley manager) and confront him verbally about his views on 'breaking the law'. I'm sure it would make an interesting conversation to record