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  • Report:  #420442

Complaint Review: Ebaybuyer BRAINSHARKY - Daniel Diehl

Ebay Buyer BRAINSHARKY - Daniel Diehl Buyer abuses new Ebay feedback system scams seller, engages in feedback extortion, threats York Pennsylvania

  • Reported By:
    Bradenton - Sarasota Florida
  • Submitted:
    Thu, February 05, 2009
  • Updated:
    Fri, February 06, 2009
  • Ebaybuyer BRAINSHARKY - Daniel Diehl
    26 N. State Street
    York, Pennsylvania
    U.S.A.
  • Phone:
    717-854-3289
  • Category:

This is a very sad case of malicious feedback on Ebay under the new feedback rules. It comes down to nothing but malice and extortion.

Keeping in mind that I [florida_surplus] had an Ebay feedback score of 97, all positive. That's right, a 100% positive feedback rating, and glowing feedback on my products, packaging, and fast service, etc. I also do VERY detailed item descriptions and always use very close up detailed pictures.

I guess this guy "Brainsharkey" / Daniel Diehl must have had a bad day at work and needed someone to take it out on! I was it!

This person bought an item [#130281877931] from me on Ebay and for some unknown valid reason was "unhappy". So, instead of making first contact on this issue in a civil manner in an attempt to get resolution, he sends me a rude and insulting email! This email was accusatory like I ripped him off.

And, this guy never asked even 1 question during the bidding process!
I started the listing at $3.95 just to let someone else try to get some use out of it. I was selling at a loss as it was. So, if I'm not making any profit, why would I rip some one off? Rip someone off to sustain a loss? Yeah..That makes sense.

Here is the very first communication from this maniac.

>>
Dear florida_surplus,

If you only used this light for two hours then why were all the screws missing out of the battery base and why won't it hold a charge or work?
And no those screws didn't come loose from shipping.
A very unhappy customer!
Dan
>>

Then, I responded to this rude email, but was still polite to him even though he was rude to me.

>>
Dear brainsharky,

Dan, I'm sorry your unhappy for whatever reason, but I was perfectly honest in my description. As a matter of policy, I open and inspect any item that contains batteries to be sure they have not leaked or corroded. That is why the battery compartment was opened, and possibly why screws fell out. I did only use this item one time as stated in my item description. I told you exactly what I knew about the item, and was truthful. Also, that is an odd shaped item, and I had a hard time finding a strurdy box to ship it in so it would not get broken. I did not make any money on this item, but rather lost money hoping to find someone to get some use out of it. I resent the fact that you seem to think I ripped you off. If you wanted a new item you should have gone to Wal-Mart and paid $40+ like I did. You get what you pay for. I think you should put this in perspective before sending insulting/accusatory emails. Thanks again, Steve.
>>


Then, the guy flips out and starts with the rude and threatening messages. This gut is wanting to leave negative feedback, but never attempted resolution! He never told me what he was looking for as resolution. He just flips out like a maniac!


>>
Dear florida_surplus,

WoW! And a sermon to go with it. So you just earned yourself a negative feedback and you can deal with that.
Don't give me this song and dance story about how you didn't make any mone on this. What did I get? A piee of junk that doesn't work. And you want to cry the blues with some sad song about your tremndous loss and a sermon to go with it. I've purchased ten other sililar lights on eBay without problem but you send me junk with a litter of excuses.
Have a nice day as I post negative feedback and file a claim with PayPal.
>>


Ok..So there it is. A blatant extortion / threat of negative feedback without an attempt to resolve the issue, because he knows my hands are tied under the new Ebay feedback system.

So, I now respond in kind.

>>
Dear brainsharky,

WOW...I didn't realize I was giving a sermon! I was just giving you some additional information that you may have overlooked. And, if you would have sent a polite email to begin with, I'm sure I would have done whatever was needed to rectify the situation. I was going to suprise you with a new battery that I was going to order and send to you in an attempt to make you happy, but that is now off the table. File whatever compaints and negatives you want, as now it will get you nowhere. I did my part. As advertised. You want to make threats? OK. I can play that game too. Your rules, not mine. You should learn how to properly communicate to get the best results.
>>

Another nasty response from "Brainsharky"

>>
Dear florida_surplus,

There u go Mr. Preacher - Now show me your tuff stuff - U need to seriously GROW UP!
>>

Another nasty message:
>>
Dear florida_surplus,

There u go Mr. Preacher - U now have 98% feedback - Now show me your tuff stuff - U need to seriously GROW UP!


- brainsharky
>>


NOW, My response to his rude/threatening response

>>
Dear brainsharky,

No problem. I got a solution. Wait and see.That is RETALIATORY negative feedback. You have a real mental problem I guess, as you never gave me a chance to resolve your issue. Your very first email to me was nasty and rude, and your second was threatening. You were looking for a reason to leave someone negative feedback as you are obviously a loser who is taking advantage of Ebay's new feedback system.


- florida_surplus
>>

Dear brainsharky,

Yeah..Ok...You have real mental problems you need to deal with.


- florida_surplus
>>


Whatever you do, stay away from this guy as a buyer. Do not let his "positive" feedback fool you, which was, by the way, less than mine.

Sellers beware of this new Ebay feedback system. A buyer can screw you outright, and you have no recourse, other than what I am doing here.

Be VERY specific in your Ebay listings as to every detail of the item you are selling, and also as to all of your terms of sale. This is the only way you can hope to protect yourself.

I will end up refunding this jerk's money, even though he has probably destroyed my product..

BEWARE of retaliatory buyers AND the new Ebay feedback system!!

florida_surplus
Bradenton - Sarasota, Florida
U.S.A.

7 Updates & Rebuttals


Robert

Rochester,
New York,
U.S.A.

And Steve goes on and on....

#8Consumer Comment

Fri, February 06, 2009

"Big deal. Everyone with a shred of common sense [not you] knows that Ebay feedback is WORTHLESS."

Then why are YOU making such a big deal out of it? If you are fed up with this guy, then WHY are you still communicating with him? Let him file and go from there. You just like arguing, because EVERYONE knows your always right.

As far as trolls... Steve, you are the king of trolls on this site. A great case of the pot calling the kettle black..

As for a life, I have one, thank you. Tell me about yours so I don't make the same mistakes.


Steve

Bradenton,
Florida,
U.S.A.

Robert...As usual...you miss the point.

#8Author of original report

Fri, February 06, 2009

Robert..A usual..you miss the point.

FYI...This jerk started the "pissing match"..not me.

I responded in a civil manner to his initial rude communication.

>>>

Now, this guy responds twice more..

And..get this..NOW after being a total jerk, and leaving me negative feedback..he is wanting me to send him a new battery! Yeah...like that will ever happen..

This idiot is now telling me all about his "business" like I really care. Like we are now buddies or something!

He goes on like he's some special agent or something for the government..Yeah OK...Then he goes on to tell me how psychotic he is. Well, I already knew that..But he is proud of it!

This guy is messed up. Bad.

>>>
Dear florida_surplus,

Good! That's all you had to ask the first time.
You mentioned a replacement battery, that would work fine because that's what is wrong with the unit. Otherwise it's no good for anything the way it is.
Wal-Mart sells the Coleman fluorescent lights online for $20 - not that much more.
But this is for an experiment. Ya see I design and build high tech specialized covert surveillance and weapons systems for the military and government. We're probably the best high tech specialists in the country for what we do. Some of our non-military systems can be seen at desco technologies.com
So why would a company like ours buy things like this on eBay? Check my feedback and you'll see we purchase at least $250k annually just off eBay alone. We have the most high tech electronics lab anywhere. Imagine how much money we spend for a number of ideas and experiments that may or may not work out? $5 $10 here $500 there $10k here etc. etc. and it adds up to saving millions every year.


- brainsharky
>>>



>>>
Dear florida_surplus,

Your little light is being used to compare other different fluorescent inverters to power dual cathode lighting systems in a tactical surveillance vehicle to determine which manufacturer performs the best and uses the least amount of conversion energy. And which batteries sustain the longest run amperage compared to the charge time and weight and size.
I could have spent maybe 8 hours or more just trying to find the inverter and battery manufacturers and contacting them and getting them to send us samples. Or I could go on eBay and purchase a wide variety of these type lights in an hour and accomplish the same thing.
So to your amazement this wasn't just a simple purchase of a fluorescent light to use for camping or other domestic uses.
My interest is in saving time and money not for wasting time and money in listening to some sob story.
Hopefully now you better understand that not all buyers are created equal. And yes I am psychotic. I'd have to be to do this work.


- brainsharky
>>>

THIS GUY GETS NOTHING FROM ME. Let him file his PayPal claim. Then he can eat the shipping both ways, and I'll give him his refund. That's it. Nothing more.

AND, he doesn't even deserve that.

As far as the negative feedback goes. No problem. I made a sale within 5 minutes of placing the listing. And, Ill list a bunch of small cheap crap that will move fast and my feedback will be right back up there.

Big deal. Everyone with a shred of common sense [not you] knows that Ebay feedback is WORTHLESS.

Get a life you d**n troll.


Robert

Rochester,
New York,
U.S.A.

Steve and his rodeo....

#8Consumer Comment

Fri, February 06, 2009

As usual, you spout what you do not know. Unlike you, I read and understood, the policy on feedback.

You stated:..Furthermore, negative feedback is considered inapropriate if all avenues to resolve the dispute have not been taken first. This comes right from Ebay policy.

There is NO policy, nor can you quote one, copy and paste one, post a link to one, anywhere that says this. So, come on Steve.. post it...

Policy does say...

To maintain the integrity of the Feedback system, Feedback left for a member generally becomes a permanent part of that member's record. We don't censor these opinions or investigate comments for accuracy.

Feedback removal: We'll remove Feedback under the following exceptional circumstances:

It violates specific policies
It's left by a user who is later suspended
It's left by a buyer who fails to respond to an Unpaid Item Notice and you
file an Unpaid Item strike.
It contains vulgar language
It contains personal contact information
We've received a valid court order to remove the Feedback

His feed back says:

Beware! Junk Seller - Light in Pieces - Offers Excuses & Sermons & Nothing
Else.

No where does his feedback violate ANY of the above.

The buyer, while he should have worked with you to resolve this, is not REQUIRED TO. Instead of taking the high road as a professional, you chose to get into a pissing contest with him.

As far as the form letter Ebay sent you... yeah, they'll "investigate" but your feedback will not come off. If you READ the link they sent you too, it says:

"Feedback comments containing any of the following are not permitted:

Links or scripts
References to eBay or PayPal investigations
Negative statements left for a buyer that conflict with the positive rating
Personally identifying information about another member, including real
name, address, phone number, or email address
Political, religious, or social commentary rather than a genuine comment about the
transaction
The comment, reply, or followup references a completely separate transaction or
unrelated experience
Profane, vulgar, obscene, or racist language, or adult material.

And the most important part:

Inflammatory language, such as fraud, liar, cheater, scam artist, con man, while
strongly discouraged, will not be removed unless found to be in violation of one of
the above guidelines

In the end you earned yourself a negative. Enjoy it cuz its going to be there for a while.

"This is not my first rodeo." You got that right, your still full of bull....


Steve

Bradenton,
Florida,
U.S.A.

Hey Robert...here is the email response from Ebay! They are taking action.

#8Author of original report

Fri, February 06, 2009

Hey Robert, Here is the email I got from Ebay. An investigation is now started.

You see, ANY messages sent through the Ebay message system that are malicious/threatening or harassing are a direct violation of Ebay policy.

AND...A buyer is REQUIRED to take all possible steps to resolve an issue BEFORE leaving negative feedback.

Furthermore, even if this jerk does file a claim with PayPal, he will have to ship the item back to me at his expense to get a refund, less shipping. That is PayPal policy on dispute resolution via refund. They don't just take my money. Been there. done that.

>>>

Dear Steve,

Thank you for writing eBay in regard to your feedback abuse report about
your buyer attitude. I understand your concern and I will help you to
resolve this issue as quickly as possible.

You should immediately report the buyer to eBay. If there is clear
evidence of undue pressure, eBay will take action. If a buyer shows a
pattern of malicious behavior, eBay will most likely suspend the buyer
and any negative or neutral Feedback the buyer left for any sellers will
be removed.

eBay removes Feedback comments that meet the standard for Feedback abuse
outlined in our Feedback Abuse, Withdrawal and Removal policy. To read
more about what is considered Feedback abuse, go to:

http://pages.ebay.com/help/policies/feedback-abuse-withdrawal.html

What can you do next?

If you believe that you received a Feedback comment that meets one or
more of the criteria outlined in our Feedback Abuse, Withdrawal and
Removal policy, please click the above link to submit the comment for
review. We will review the comment. If it meets the requirements, we may
remove the comment and rating or just the rating (depending on what part
of the policy is in violation).

-- Note --
Once a comment is removed, another cannot be left in its place.

Please note that I've forwarded your email to the team that specializes
in these types of situations. They'll be in touch with you about the
threat of your buyer.

If you need further assistance, please don't hesitate to reply to this
email and let us know.

Sincerely,
Neil C. A.

eBay Customer Support


Steve

Bradenton,
Florida,
U.S.A.

More evidence to support my claim! Ebayer "Brainsharky continues the harassment!

#8Author of original report

Thu, February 05, 2009

Well, I got yet another insulting message from Ebay buyer "Brainsharky" which just proves his only motive is harassment.

This "buyer" STILL has not told me what he wants as far as resolution to his percieved problem.

Am I supposed to be a mindreader?

Here is my [florida_surplus] response to his [brainsharky] email.

>>>

Dear brainsharky,

Yeah...OK....FYI...I was born in Bucks County, PA and lived there 15 years. I know all about PA. I still have family there and go there every year at least twice. So what.
>>

Bottom line is, you never told me what you want.
Do you want a refund? What do you want?

The fact is, you left negative feedback before trying to resolve the issue. That is malicious.

>>>>
Dear florida_surplus,

Check it out and you'll see I've rarely given negative feedback. One only knows how good a seller is when someone has a problem.
Next time you'll learn not to screw with people from Philadelphia. It's real simple - Offer a solution the first time or just shut up. I didn't waste my time sending that email to hear you rattle on about your pity party. I sent it to get a solution! We don't mince words or action here. But you be a big boy & keep rattling on and making threats from behind your little keyboard.
Just keep in mind we're all psychotic up here. We don't have the time or the patience to listen to slimey cockroah emotionally m********e their sorry a*s songs of poor me.


- brainsharky
>>>

So, to prove my point, there really is nothing wrong with the product this person bought from me, as he has not yet requested to return it!

I know if I buy something that is so defective as what 'brainsharky" here allegedly has, I would surely ask for a refund or adjustment.

If this guy would have initially contacted me in a civil manner, I would have simply responded with a refund. No problem. But he had to be abusive instead. This guy was looking for a fight because he knows Ebay sellers have no recourse under the new and unfair Ebay feedback policy.

I bet this guy is impotent and is overcompensating here to make up for it. Ebay is his big SUV or monster truck. This guy is a punk.


Steve

Bradenton,
Florida,
U.S.A.

Robert, you should get the facts before responding and looking stupid

#8Author of original report

Thu, February 05, 2009

Robert,

As usual, you don't know what your talking about.

The unit was not "taken apart" as this jerk claims.

The top has a threaded portion that unscrews, as does the bottom section.

These are threaded, twist off sections that are meant to be opened, removed.

The unit was fully functional the last time I used it.

There is an inner box that shields the battery, which I had to take 2 small screws out of to check the battery. I put them back in with only a thread or two for the buyers ease of inspection.

The buyer exaggerated his claim, AND, this buyer NEVER gave me a chance to resolve his concerns before getting nasty with me and leaving the subsequent negative feedback.

Furthermore, negative feedback is considered inapropriate if all avenues to resolve the dispute have not been taken first. This comes right from Ebay policy.

I fully disclosed that the unit had been stored, and also fully disclosed that I did not know if the battery would hold a charge or not.

FULL DISCLOSURE ON MY PART.

Other than a weak/dead battery, the unit was in PERFECT / as new condition.

Those are the facts.

And, I will refund this jerks money, LESS shipping and handling ALSO as per Ebay/Paypal policy. AND, he can pay to send it back to me, also as per Ebay/PayPal policy.

This is not my first rodeo.


Robert

Rochester,
New York,
U.S.A.

Feedback extortion????

#8Consumer Comment

Thu, February 05, 2009

What feedback extortion?? There is no "feedback extortion" here. Ebay defines feedback extortion as:

"Buyers are not allowed to threaten sellers with negative Feedback, neutral Feedback or low Detailed Seller Ratings in order to obtain goods or services not included in the original listing." Where did he threaten negative feedack "in order to obtain goods or services not included in the original listing?"

You got negative feedback because of your unprofessional response to the buyer. You said "I was just giving you some additional information that you may have overlooked." There was nothing to overlook. Your listing said:

This lantern is probably as close to new as you can get! I used it ONCE, for about 2 hours! It has been in the closet since then.
This is a VERY NICE unit. Excellent condition. I paid $39 for it a few years ago.
It is RECHARGEABLE and is A/C-DC. It has a car charger cord and a household charger cord included, along with original documentation.
It has a hanging hook on top, and a compass in the lid.
It uses a [included] rechargeable / replaceable battery which is the standard sealed lead acid 6V/4.5-5.0 aH battery with the F1 connectors. Readily available, if needed in the future.
I have not had a full charge on this battery in awhile, so I do not know if it will hold a charge or not.

Where did you say, in your listing that you took it apart?? And who cares if you lost money? That is NOT the buyers problem. You offered a product, your customer was not happy and, instead of taking the high road, you decided to be a horses rear.

As far as your solution, you have none. Ebay will not remove his feedback. This is NOT "RETALIATORY negative feedback". And btw, if he decides to file a SNAD, you will lose, and you will have to pay him back. You need to spend more time reading the rules, because obviously, you haven't a clue.

In your "career" as a seller, you are going to run into all sorts of people. Some will be good, some will be bad. If you expect to succeed as a seller, you need to be a bit more professional and deal with it.

Oh, and welcome to my BBL list.

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