Beware of this eBayer - scottith - Scott Stilphen

[hhwolfman]

What rap sheet. Post link

[gamerz]

What rap sheet. Post link

 

Try here

[hhwolfman]

Ty that doesnt look very good.

[Super-Genius!]

I appreciate all the support and emails! Thank you!

 

There is no need to email me to get an update, I will keep everyone

informed right here on AtariAge!

 

Here is what is being done:

 

1) Filed another request for mediation. Ebay asked me to give the seller

another chance before they step in.

 

2) My attorney is sending Scott a letter giving him 30 days to get the

feedback removed, or legal action will be taken.

 

3) I will be posting a copy of the letter here on AtariAge.

 

4) We are sending a copy of the letter to eBay.

 

According to my attorney, it is an "open and shut" case. The feedback

was unrelated and I have a copy of the cancelled check! Unfortunately

the damages are minimal. He said probably the most a court would

award us in a case like this is between $3,000 - $5,000. But, I

guess that is enough to stop a person from doing the same thing

again! Also, in our filing, we will be requesting he be banned from eBay.

 

When that happens, I would get awarded what is called a "Certificate

of Judgement". With that, he would then have to pay me. Of course, I

am not going to hold my breath! Maybe I can trade him for some

Atari stuff!!

 

With the Certificate of Judgement, I can garnish his wages (I have to

find out where he works first!!) or remove the money from any of his

banking accounts (I would have to find those also!). I think someone

said he had a PayPal account. Can anyone help me with his place of

employment??

 

The bottom line is, I really don't want to have to do that. But I will to

protect my feedback rating. You know, it is really sad that unreasonable

people force us to force them to do the right thing. What's with that??

 

 

 

Mark

[YOK-dfa]

He said probably the most a court would

award us in a case like this is between $3,000 - $5,000.

 

Whooaah, you might get $3000-$5000 just because someone left you a undeserved negative feedback on ebay (or am i missing something here) ?? What's up with this? I don't get it. That's one crazy country you live in...

 

Cheers,

Raymond

[Thomas Jentzsch]

Probably 90% go to the attorney.

[Super-Genius!]

On eBay, your feedback rating is GOLD. The better your rating, the more

people trust you. If someone has a -3 feedback, are you going to buy

from them? No. Some people will not buy unless the person has a 100%

feedback rating. Scott ruined my 100% feedback rating.

 

So, what happens is, you do not get as much for your auctions because

there are some people that will not bid. So, over a period of 10-20 years

it can be determined how much you make or DON'T make based on

averages.

 

 

Mark

[Whisper]

Whooaah, you might get $3000-$5000 just because someone left you a undeserved negative feedback on ebay (or am i missing something here) ?? What's up with this? I don't get it. That's one crazy country you live in...

 

It's the United States, need I say more

 

*sits back and enjoys the show*

[Super-Genius!]

Probably 90% go to the attorney.

 

Actually, only 40% goes to him. Since it is based on percentage, it does

not cost me anything!

 

 

Mark

[YOK-dfa]

I agree that your feedback rating is important, but there is a big difference in having a -3 rating and having 645 with a few negatives. As long as someone has a reasonable feedback (>20 or so) i usually don't care too much about it. The only thing i check for is if that person doesn't have too much recent negatives. I wouldn't trust a seller with a 645 rating who has received 20 negatives in the last week, but i would have no problems trusting that same seller if those 20 negatives were in a 2 year period. Everyone knows Ebay has its fair share of idiots and that you are destined to run into one of them someday. Personally i don't think that a few negatives scare away any bidders, but that's just my opinion...

 

Cheers,

Raymond

[StanJr]

  He said probably the most a court would

award us in a case like this is between $3,000 - $5,000.  

With the Certificate of Judgement, I can garnish his wages (I have to

find out where he works first!!) or remove the money from any of his

banking accounts (I would have to find those also!).  I think someone

said he had a PayPal account.  

 

All of this seems a bit excessive for a single negative feedback regardless of its relevance. Ban the guy from ebay if you have to, but hitting him up for $3K seems like overkill

 

This is why I stay AWAY from ebay. Nutty. I agree with Raymond, as long as you are not a recent and often offender, you are safe to buy from in my book. I more likely to avoid a 100% great seller with high shipping than I am a 96% great seller with reasonable shipping.

[Super-Genius!]

The money is not the issue, it is the principal.

 

The bottom line is, I gave him a chance to talk about it, he refused. I

am giving him ONE more chance to discuss this with a mediator. If he

refuses, eBay is going to step in and I am filing a lawsuit.

 

Scott is wrong and what he did was uncalled for and I am not going to

stand by and let him walk all over me.

 

 

Mark

[Lauren Tyler]

Well, I'll be sure not to deal with him at all. This guy sounds like there's something more going on than meets the eye.

[Super-Genius!]

Here is the letter on the way to Mr. Stilphen:

 

 

Re: e-bay item #3071046573 (01/16/04)

 

Dear Mr. Stilphen:

 

This office represents Mark A. DiLuciano, with whom you entered

an e-bay contractual relationship as referenced. All contracts

contain an implied duty of good faith; this is particularly true

of the remote or virtual relationships now fostered on the Internet

by services like e-bay. Your posting of a gratuitous and unfounded

false negative feedback against my client is not merely actionable

as business defamation; it constitutes a breach of trust and duty,

by you, with all other e-bay participants. (Do you have the

capability to defend and settle a complex claim by all potential

claimants, against you, for de-valuing their shared e-bay vehicle?)

 

I urge you to research the implications of the Patriot Act with

regard to posting and broad dissemination of knowingly false

assessments of companies or individuals on the Internet. While

the primary thrust is the prohibition of identity theft, data theft,

and threats of violence, the language supports arguments for much

broader applications. Commerce on e-bay is interstate, and

international. Your willful and knowing attempt to de-value my

client from such a vast marketplace may be deemed virtual Internet

terrorism, especially if evidence ultimately demonstrates a

pattern of such activity by you.

 

You are called upon to remove the false and offensive "feedback"

against my client forthwith. In the alternative, please have

your attorney contact me within 3 days of receipt of this letter.

 

Very truly yours,

 

Steven Martinek

Attorney at Law

[Tempest]

Leave it to a lawyer to turn "You left false feedback" into three paragraphs...

 

Tempest

[hhwolfman]

Leave it to a lawyer to turn "You left false feedback" into three paragraphs...    

 

Tempest

 

LMFAO after reading that. I must go to the simpler pleasures in life.

 

Playing a game of pong now.

[Mendon]

I urge you to research the implications of the Patriot Act with

regard to posting and broad dissemination of knowingly false

assessments of companies or individuals on the Internet.  While

the primary thrust is the prohibition of identity theft, data theft,

and threats of violence, the language supports arguments for much

broader applications.  Commerce on e-bay is interstate, and

international.  Your willful and knowing attempt to de-value my

client from such a vast marketplace may be deemed virtual Internet

terrorism, especially if evidence ultimately demonstrates a

pattern of such activity by you.

 

Patriot Act??????

 

I have nothing but respect for Mark. I've bought from him on many occasions and have always found Mark to be honest and courteous, while the products he sells are of the very highest quality. In other words, I'd buy from him anyday.

 

But is it any wonder that lawyers have such poor reputations & are the butt of so many jokes when they start quoting the Patriot Act and threatening $3k - $5k lawsuits for eBay feedback postings? Talk about overkill... makes the McDonalds "Hot Coffee In the Lady's Lap" lawsuit look perfectly justified!

 

Sorry you had trouble Mark... you didn't deserve it at all.

 

Mendon

[liquid_sky]

id say he deserves the 3 to 5k

 

Some people in this hobby are tumors infecting the healthy and the good, and need to be decimated with EXTREME prejudice.

[shining slade]

So I guess we all learned something today...NEVER get on Mark's bad side!!!

[Guest cvo]

So I guess we all learned something today...NEVER get on Mark's bad side!!!    

 

Mark is a big enough human being to give the slimebucket a chance to retract what he did. What did Scott do? He not only refused to retract, he added insulting followup to his negative feedback as a nice "in your face" gesture. Mark is nice enough to give him a 3 strikes and you're out option. If Mark was a scumbag like Scott he would have thrown the lawyers at him at the very beginning. There is only one slimebucket here, and that is Scott Stilphen.

[YOK-dfa]

Your willful and knowing attempt to de-value my

client from such a vast marketplace may be deemed virtual Internet

terrorism, especially if evidence ultimately demonstrates a

pattern of such activity by you.

 

Leaving negative feedback is considered to be terrorism?? You got to be kidding me. Please explain to me how leaving negative feedback compares to flying planes into buildings and blowing up innocent people. Aren't you taking this a little bit too far

 

Raymond

[Super-Genius!]

Your willful and knowing attempt to de-value my

client from such a vast marketplace may be deemed virtual Internet

terrorism, especially if evidence ultimately demonstrates a

pattern of such activity by you.

 

Leaving negative feedback is considered to be terrorism?? You got to be kidding me. Please explain to me how leaving negative feedback compares to flying planes into buildings and blowing up innocent people. Aren't you taking this a little bit too far

 

Raymond

 

Raymond, with all due respect, I did not write the letter, my attorney did.

My instructions to him were simple, get the feedback removed no matter

what it takes or what it costs.

 

Scott is wrong, and he continues to make a joke out of this. And terrorism

does not necessarily mean flying planes into buildings. My American

History teacher use to "terrorize me". My dictionary has this for one of the

meanings "1 : to fill with anxiety : SCARE". No where does that say

anything about flying a plane into a building.

 

The bottom line is this: I am going to have that feedback removed no

matter how much it costs or what I have to do, which includes filing

a lawsuit. If you let someone get away with things like that, they will

continue to do them, and the next time it might be YOU it happens to.

 

 

Mark

[deathtrappomegranate]

It is seriously bad news when two such well respected guys (Mark and CPUWIZ) post similar stories so close together.

 

There are plenty of over-sensitive and paranoid folk about, and they need to think about the consequences of their actions.

 

I understand why people from Europe cringe at involving the legal system here, but I agree with Mark.

 

If anyone can post unjustified negative feedback for no good reason at all, then the whole feedback system is worthless. If some guy can ruin your reputation, through no fault of yours, when you've done nothing wrong, then there must be some recourse.

 

The principle is surely the important thing here. A court can put whatever figure it likes on the matter, but the real issue is whether someone with a grudge can deliberately set out to damage your reputation without any basis in reality for their comments.

 

(BTW Mark, can I borrow your attorney ?)

[gamerz]

 

Although I admit that his feedback was not the right place to bring up the Commavid thing, that doesn't change the fact that there was NOTHING false about his feedback - you were selling "reproduced" Commavid games and he called you on it!

 

There was plenty "false" about the feedback, the feedback had nothing to do with the auction in question.

[NE146]

Yeah it'd kind of be like having a smooth, fast, easy successful transaction for a Quadrun cart, then the guy negs you because you drive a gas guzzling SUV which he doesn't agree with