Ronald
Biloxi,#2Consumer Comment
Sat, January 27, 2007
Bargainland is a ripoff. Sent me only part of the item as described on EBAY. Unable to contact Company and complaints to Ebay fell on deaf ears. Ebay only cares about the MONEY that power sellers bring in. They know this Company is Fraudulent but will not take any action due to volume of business it provides. This makes EBAY a partner in crime. Ebay refuses to hold power sellers to the same standards that the little guy is expected to adhere to.
Carl Austin
Kingston,#3Consumer Suggestion
Tue, December 19, 2006
They've moved from Arizona to Tennessee and are eBay userid:bargainland-liquidation (they used to use eBay userid:bargainland, that was ages ago) but they are still active. I doubt that complaining to eBay will, in and of itself, cause them to drop bargainland aka bargainland-liquidation. eBay and Paypal (an eBay subsidary) are both paid by the vendor - they take a fee and a percentage on every item sold. If toolhaus.org finds 1000+ neutral+ negative/ month in feedback on this one vendor, which works out to more than one in ten transactions going so severely bad that a buyer was willing to live with the retailiatory feedback that comes with calling bargainland -liquidation out on their misdeeds? eBay already knows or should reasonably be expected to know that there is a severe problem here. They do nothing. The only way to wake eBay up may well be for each buyer that goes the small claims court route to name eBay as co-defendant. Make them appear alongside bargainland in a courtroom and explain their inaction. Claim "negligence", "gross negligence", "fundamental breach of contract", whatever. eBay being aware of the problems and doing nothing is negligent if problems are this widespread and well-known. In a civil court proof on the basis-of-probabilities that someone's carelessness or negligence caused you to incur a loss is all you need. Win, lose or draw, if eBay had to show up in court and justify their inaction each time one of these deals goes sour, they'd drop garbageland like a hot potato. Yes, eBay does claim to be "just a venue" and not a party to the transaction itself. No, eBay is not the vendor. They're not the company under the primary obligation to deliver goods as advertised. Nonetheless that is not, I'd suspect, a defence under civil negligence or gross negligence if they've been looking the other way while 1000+ transactions monthly go bad due to one problem vendor alone. To do nothing under these conditions is a serious omission on their part. It's not like taking the criminal court/ police/ DA/ postal inspector or state attorney-general route; the burden of proof is much lower. In a criminal trial, the alleged bad guys are given the benefit of the doubt; better to free a villain than to jail someone even possibly innocent. Civil procedure is entirely different. In a small claims court you're not trying to get the culprits thrown in a gaol cell, you're just trying to get your hard-earned money back. Basis of probabilities is all you need to show. Most jurisdictions do not require a lawyer for small claims (equivalent to what TN calls its "general court") and the costs incurred to file a claim can be added to the amount for which you sue.