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Reassessment within the last 6 weeks.
Hi guys, eBay is checking my account again. And that within the last 6 weeks. How do I get to the commercial sellers who keep reporting me to eBay every time. After consulting with the Münster public prosecutor's office, this is defamation and slander. I don't want to just file a criminal complaint against unknown persons. Is there a contact point at eBay for such cases. Best regards, Andreas
8 comments
hasjana
Mentor5 days ago@andreasparn0
You can go to your responsible tax office and explain there that it’s a collection liquidation - if you’re lucky, you’ll then get a written confirmation from the tax office, which you can send to eBay
Nevertheless, other commercial sellers can initiate a cease-and-desist letter - of course you can also contest that, although that would again involve costs
one way or another, you shouldn’t have made any purchases for the collection recently, since that would then clash with the liquidation
andreasparn0
OP6 days agoFor the sale of private collections on the internet, there is a landmark ruling by the Federal Fiscal Court (BFH) of 17 June 2020 (case no. X R 18/19), which is very positive for collectors. [1, 2]
The BFH made it clear that the sale of a private collection built up over years is, as a rule, merely the liquidation of private assets (asset management) and therefore not a taxable commercial trading activity. This applies even if the sale is carried out on the internet over a longer period and in a very large number of individual transactions (e.g. hundreds or thousands of individual auctions on eBay).
What eBay writes about this is basically irrelevant. And I’d love for someone to report me. That’s how it is with society; half-knowledge does not protect you from punishment. I stick to the law. The fact alone that I am regularly checked by BAMAD for my professional activity gives me no room to maneuver. And everything is checked, but how should you know that. Just copying the terms and conditions, but not knowing the law is quite shocking; I was under the impression that the moderators here already have at least some specialist knowledge. Nevertheless, thank you for being so active here. Regards, Andreas
perfect-sally
Mentor6 days agoWe are not moderators, we are completely normal users. And who allegedly checks what regularly doesn't matter here either.
And cease-and-desist letters are not reports, but that was surely touched on in the legal training courses too. So much for the supposed knowledge.
But let's leave it at that, it won't lead anywhere anyway.
Just keep going and wait to see what comes.
voli-maus
Mentor6 days agoHey @andreasparn0 ,
you don't have an imprint, no WRB.
The Münster public prosecutor's office may be able to tell you something about your not exactly few sales?
perfect-sally
Mentor6 days ago · EditedEbay won't give you any data at all, that's for sure. And it doesn't necessarily have to be due to reports either, or do you think eBay doesn't see that you're supposedly a private seller but selling almost exclusively new goods? You should be glad that eBay isn't, or hasn't yet, asking you to register your account as a business account, or that you're not receiving cease-and-desist letters from really commercial sellers - that would get expensive too.
I also suspect that a criminal complaint wouldn't really be followed up on, and it could also backfire if the authorities were to look back over your sales for months or years.
andreasparn0
OP6 days agoWell young lady, I’ll be friendly for once. First, the Federal Court of Justice/Federal Finance Court has issued a clear ruling on this. Private collections are not subject to tax law and are fully tax-exempt. Second, I only bought new goods and never installed them. If you don’t have the right information, you should simply keep quiet. For professional reasons alone, I am very cautious in what I do. And eBay has to hand over data when the public prosecutor’s office makes the request. So, young lady, I didn’t have to attend courses on legal matters during my professional career for nothing. And your statements here are not entirely correct either. One or two threats could also be misunderstood. One could also interpret that as me being a thorn in your side with what I do. I ask you to reflect on this for a moment and also see the other side. I don’t wear the flag on my shoulder for nothing. Kind regards, Andreas
perfect-sally
Mentor6 days agoAnd does a flag on your shoulder make you a special person who can do whatever he wants?
Apparently, in the courses mentioned, people weren’t really paying attention. There are also other professional groups that are very well or quite well versed in legal matters.
And a public prosecutor’s office will most certainly not issue a disclosure order / request for information for such reasons in order to force eBay to hand over data. A whole lot is missing for that, and not just the public interest.
Here’s how eBay handles the matter, and the law doesn’t play a role at first:
You typically act as an entrepreneur or commercially if you:
buy items to resell them
sell items that you have made for resale
regularly sell large quantities of items
sell similar goods, especially new goods, over a longer period of time
frequently sell new items that you did not purchase for your own use
According to case law, the following are considered indications of commercial activity:
maintaining an eBay shop
number of current sales: if many items are constantly being sold over a longer period of time, this is generally a commercial seller
the drawn-out sale of a private collection over the course of years
type of items sold (new or used goods, value): the sale of several similar navigation devices was classified as proof of commercial activity – as was the offering of 250 batteries in various sizes with reference to the availability of larger quantities.
a website or the use of advertising descriptions that create a professional impression
Note: We regularly review our sellers’ trading activities and, if necessary, ask them to designate their eBay account as a commercial account. You must also expect to be formally warned at your expense by competitors or consumer protection associations and to be taken to court for injunctive relief.
petersmodellbahnstuebchen
Mentor6 days ago · Edited@andreasparn0
Hey Andreas,
regardless of what the young lady writes to you here, as a "flag bearer" you should think about whether someone wants to help you or attack you.
I personally tend to believe the "young" lady, since she has been on eBay for a very long time and was not appointed by eBay as a "mentor" for nothing.
If you are bothered by eBay's way of proceeding in this specific case, you are completely free to take action against it and initiate further steps against the person causing your "problems". These are not mentors, other users, or "bad" people, but volunteer members who want to support you here.
Best wishes from the Baltic Sea
Peter