Phone: +1 (321) 352-0774
Date: [ENTER DATE]
Attn: Corporate Counsel
2145 Hamilton Ave.
San Jose CA 95125
RE: Order number 22-06902-46777 – $670.99; Order number 19-06899-31927 – $670.99; Order number 21-06882-10430 – $420.54; Order number 15-06881-09823 – $700.99; and Order number 22-06878-06157 – $740.99
Dear Customer Service Manager,
I am writing this letter to raise my complaint and/or concerns about pending refunds entitled to me in the referenced Orders.
I am a TOP-RATED eBay Seller. I have had my account since 2008 and have more than 800 positive reviews. I shall allege, hereunder, facts about my concerns. Accordingly, I have attached relevant proof of emails and transcripts of my conversation with the Support Team.
The circumstances leading to this complaint began when I sold four iPhones on the eBay platform to one international Buyer. After the said sale, the Buyer raised a dispute for all the Orders. Later, on May 3, 2021, I received notice that I needed to refund the Buyer. Therefore, I contacted the support team, which opened an appeal for all the Order Numbers.
On May 5, 2021, I received an email from the support team explaining that the Buyer refused to accept the iPhones and that the phones were lost in transit.
On May 16, 2021, I received an email from the support team informing me that they closed the case in the Buyer’s favor because I did not respond to the dispute and/or claims.
When I contacted the support team on May 29, 2021, I was startled to receive information that I had contacted support on May 3, 2021, to refund the Buyer. I contend that I never contacted support to authorize any refund. Instead, a third party gained access to my account and effected the authorization without my knowledge. Accordingly, the support team initiated a manual refund to my PayPal account.
By June 4, 2021, I had not yet received the refund promised to me on May 29, 2021. Accordingly, I contacted the support team, which again sent an appeal on all the Order Numbers. I finally received my refund for Order Number 15-06881-09823 – $700.99.
- Breach of Warranty of Good faith and Fair Dealing.
In every business relationship, there is an implied promise of good faith and fair dealing. This implied promise means that each party will not do anything to unfairly interfere with the right of any other party to receive the benefits of the business relationship. See Comunale v. Traders & General Ins. Co., (1958) 50 Cal.2d 654, 658 [328 P.2d 198].
First, there was a business/ contractual relationship between eBay and me. Therefore, the implied warranty/covenant of good faith and fair dealing applies to the said relationship. However, eBay has breached this implied warranty by failing to consider my case, which I presented to appeal as already provided hereinabove. Notably, I contend that the Buyer impersonated me the same day he requested the cancellation of the referenced orders. Besides, he retained the iPhones and proceeded to initiate a refund. However, in breach of its warranty of fair dealing, eBay failed to acknowledge the fact that I am a victim of fraud. Accordingly, eBay went ahead to decide the case in the Buyer’s favor, even though the Buyer was fraudulent.
The elements of a cause of action for negligence are well established. They are “(a) a legal duty to use due care; (b) a breach of such legal duty; [and] (c)the breach as the proximate or legal cause of the resulting injury.” Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917 [50 Cal.Rptr.2d 309, 911 P.2d496].
eBay is under a duty of care to ensure all transactions are secure and that sellers are protected from unscrupulous buyers who are out to swindle sellers. Accordingly, eBay breached this duty by failing to recognize and prevent the imposter who accessed my account and requested a refund for the Buyer. As a result of the breach of duty, I have suffered the loss of my money and iPhones.
In light of the foregoing, it is evident that I am an innocent individual whose business is interfered with by a fraudulent Buyer. But, unfortunately, you proceed to decide the case against him further. Accordingly, I plead that the decision be reviewed and my case be considered and settled in my favor.
I hope to hear a positive response from you soon.
Thank you for your prompt attention to this matter.
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