Libellous ebay feedback left

[gallifrey]

To cut a long story short I sold something on ebay sent it to the buyer and it didn't arrive.
The buyer immediately accused me of never sending the item in the first place, demanded to see proof of postage (which I didn't have) opened up a case on ebay and got a full refund.
Then she went on to leave extremely negative feedback on my account basically saying that the item didn't make enough money and I was a liar and never posted it.
Understandably I was upset by this, not only am I out of pocket I don't have the item either.
I have asked ebay to remove this feedback but so far they haven't. I am wondering if I can take legal action against this woman?

This is what was left as feedback

NO HAT!! It didnt fetch enough money!Seller wouldnt/couldnt show postage proof ? Buyer: 11-Dec-12 18:24

Reply by seller (12-Dec-12 16:06):
Allegedly didn't turn up... I gave a full refund!!

Follow up by buyer (13-Dec-12 15:40):
You KNOW you never even posted it! U wouldnt show proof would you?? Bad seller!

Why didn't you have proof of postage?

Yeah, why did you not have proof? If it was a hat you must have posted it at a post office, in which case yous have got a receipt?

it's not libellous if it's true and if you couldn't / wouldn't provide postage proof then it's not libellous.

SAdly no proof of postage , no defence.

You didn't help things by the " allegedly" reply which is a rather inflammatory word to use and so the buyer got more arsey. "lost in the post, full refund issued , very sorry but this happens" type of thing would have been a bit " softer" as a reply. Arsey feedback is a normal issue on ebay. I look at the sellers response to it if I'm buying. I'm afraid I'd be put off by yours.

I don't think ebay will remove it.

If it's 1 feedback amongst a huge number don't worry. If it's a small number of sales and you are worrying about it looking bad, maybe close it/ set up another account?

You certainly can't take legal action without proof. As far as she is concerned, she never received something she had paid for.

Her comments are a bit rude and chavvy. I can see why you'd be annoyed but she isn't actually in the wrong.

I didn't have proof of postage because it had been nearly 2 weeks until she contacted me so I cleared out my bag and threw the postage things away. I do have a card transaction on my bank statement for that day at the post office.

She had sent me several messages on ebay accusing me of not sending it and being generally nasty. Which is why I used the word allegedly in my reply. I still believe she received the item and now has her money back as well :( and has taken it upon herself to screw me over!
Unfortunately you can't leave negative feedback for buyers any more which is a bit unfair.

If the buyer were to happen upon this thread and read your above post, couldn't she say the same thing about you?

it isn't libelous because it isn't against a real name - just an ebay user name

you should have sent with a signature - that is part of the paypal agreement you signed up for.

Your follow up to her feedback makes you look unreasonable and angry tbh

You are in the wrong , added to which you should keep the proof of posting longer than 2 weeks unless you've already received feedback and definitely know its arrived.

yes I certainly learned my lesson there will not post without a signature from now on.