Horrendous experience-dont use QXL!! (qxl.co.uk)

Member Name: mattuk1971

Product:	qxl.co.uk
Date:	16/04/02 (384 review reads)
Rating:

Advantages: None whatsover

Disadvantages: Deception, Slander, Untruths

There follows various emails received by myself regarding auctions I posted selling LEGAL software and the subsequent as usual bury your head in the sand and hope the problem goes away responses from the MD and other staff of QXL:

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Subj: Re: Re: For the personal attention of Peter North MD Only
Date: 15/04/2002 18:00:39 GMT Daylight Time
From: manager@qxl.com (UK QXL COMMUNITY manager)
Reply-to: manager@qxl.com (UK QXL COMMUNITY manager)
To: Mattuk1971@aol.com (Matthew Walsh)



Dear Mr. Walsh,

Following my email last week, I have spoken with Alex, Christian and
Alison Cabot about your case. There are a number of separate issues
which I think need to be covered.

Firstly there does seem to have been a misunderstanding about the call
that we had supposedly received from Microsoft. Prior to Alex's
conversation with you, we had not received a call from them regarding
the software you were selling. That said, we have subsequently spoken
with them on the issue (on a no-names basis) and they informed us
(verbally) that the software could not be sold separately in the sort of
circumstances we believe apply to your situation. We are sorry for any
confusion and offence caused.

We are alerted to suspect software auctions on a daily basis and
endeavour to ensure that no intellectual property rights are infringed
in our auctions. Clearly it is not possible to monitor every single
auction but we believe we take a clear, fair, and (most importantly)
consistent approach to the problem. If there are other sellers whom you
suspect of selling illegal software then we would very much like to
receive details through the "concerned about this auction" link which
can be found on every auction page, so that we can take appropriate
action.

As far as your licenses are concer
ned, we have rechecked the log files
of our customer service fax machine (number 02089627300) and we have no
records of any fax longer than 2 pages received in the whole of last
week. In particular, we do not have any records of a fax transmission at
11:09 am on 12 April. If you could confirm the fax number you sent the
documentation from and the number of pages, we will be able to look into
this further. We have no interest in the licenses except for the
purposes of verifying your ability to sell the software and would be
happy to return them to you, should they be in our offices. However I do
not believe that this is the case and until we receive proof of the
legality of your auctions, your account will remain closed. You may want
to consider sending this information via recorded mail for my personal
attention. You will also be aware that our insurance does not cover
auctions involving illegal software, the sale of which would breach our
standard terms and conditions.

Finally I would advise you that the IP address you were using was barred
because it was source of bogus bidding activity on our Softwares and
Games category last week. We understand that it is possible for more
than one member to use the same IP address and while we strive to avoid
creating problems for innocent members, I am sure you will appreciate
our concern to ensure that this kind of activity is stopped.

We are more then happy to discuss this further with the police or your
lawyers if this would help but I trust that this explanation clarifies
matters.


Kind Regards,

Peter Northing
UK Managing Director
Email: manager@qxl.com
www.qxl.com
"Taking pride in perfecting a dynamic marketplace to fulfil our
customers' needs."


Original Message Follows:
------------------------
Dear Sir/Madam,
After cons
ultation with my solictor earlier this morning, I have lodged
with him 50 outstanding orders which were due for shipment. Until my
account is released from hold, these orders will remain in the safe
custody of my solicitor. Meanwhile if any bidder approaches me enquiring
as to the whereabouts of their order, I shall forward a copy of this
email to them and ask them politely to claim on your buyers insurance.
The authorities have also been approached with a view to obtaining a
search warrant for your premesis to retrieve my certfied licences and I
am still waiting for a response from your MD Peter North.
I have also written a letter of complaint to your Vice President in the
US, Alison Cabot requesting that she intervene on my behalf.
Meanwhile I have endured an intolerable weekend of abuse and malicious
emails from a source who has been easily identified and copies of said
mails have been passed to my legal advisors for further action.
I have also made a formal complaint to my ISP regarding some wild
allegation about tracing my IP address, which is actually impossible
because my connection is routed through a proxy server which generates a
different IP address each time I reload my browser.
I have also requested from Mr North copies of all alleged
'documentation' you have received from Microsoft (of which I know there
isnt any) and copies of any computer records you are holding on me. If
this information contains any information which could be interpreted in
an unfavourable manner you will be facing legal action.
I also expect from Mr North a full explanation of the blatent untruths
told to me by your staff member Alex and the return of my certified
licences, which I will collect in person accompanied by my solicitor.
If you are still claiming not to have the licences (although one of your
staff informed me they had been 'lost'), they wi
ll be reported as stolen
and your premesis searched until they are discovered..
Regards.
M Walsh
In a message dated 12/04/2002 18:13:50 GMT Daylight Time,
manager@qxl.com writes:
Subj:Re: For the personal attention of Peter North MD Only
Date:12/04/2002 18:13:50 GMT Daylight Time
From: manager@qxl.com (UK QXL COMMUNITY manager)
Reply-to: manager@qxl.com <mailto:manager@qxl.com> (UK QXL COMMUNITY
manager)
To: Mattuk1971@aol.com (Matthew Walsh)
Dear Mr Walsh,
Thank you for your email, which was forwarded for my attention.
I realize that you have raised many concerning issues in your email.
I will need the necessary time to review the case and will contact you
again after the week-end.
Kind Regards,
Peter Northing
UK Managing Director
Email: manager@qxl.com
www.qxl.com
"Taking pride in perfecting a dynamic marketplace to fulfil our
customers' needs."
Original Message Follows:
------------------------
Dear Sir,
There follows a copy of emails received and sent by myself. Under the
data protection act I am entitled to see these alleged 'documents' that
you have from Microsoft and would also like an explanation as to why
your staff member Alex lied to me about receiving a telephone call from
Microsoft regarding my auctions, when Microsoft have told my solicitor
that if they were to make any communication it would be in writing and
certainly not over the telephone. Another member of your staff later
admitted that the story about the telephone call was untrue.
Alex also told me he had contacted Ebay regarding my auctions and they
have once again responded that they would not discuss such a matter with
a competitor.
Also I sent a fax proving the legality of the software I was auctioning.
I was told it had not been received, then later a member of your staff

admitted it had been lost and asked for it to be resent. (see the bold
type in email below)
My solicitor charges for his time. I have already paid £125 for the
documentation to be sent to you. If your staff are incapable of doing
their job correctly, I do not see why I should be charged an extra £125
because of this.
Please note my comments in the email below. I have carried out the
suggestions I have made in the email. Also, as Microsoft are majority shareholders in Ebay, I have asked them
to take the matter up on my behalf. Although I used to trade on ebay
under a different alias I now use freeserve auctions.
It appears you are condoning the sale of illegal software in order to
generate as much revenue as possible. Meanwhile if I do not receive copies of this 'documentation' you
supposedly have regarding me I shall be reporting you to the Data
Protection Registrar, as failure to comply with this request is against
the law.
Regards.
Mr M Walsh
Subj: Re: Attention Alex-Urgent (KMM2132035V22895L0KM)
Date: 11/04/2002
To: formenquiry@qxl.com <mailto:formenquiry@qxl.com>
Thankyou for your reply. In order for me to get the documents resent it
will incur a charge of £125. Now, I have already paid this once and am
not prepared to pay it again. Also I need access to my account to update
my credit card details, as the card has expired and you will not be able
to authorise it.
I also want an explanation as to why you lied to me over the telephone
call from Microsoft. They have assured me that had they been aware of
the situation, any form of action would have been in writing and they
certainly would not have telephoned you.
If you did receive a call supposedly from Microsoft, it was bogus.
Probably as bogus as the complaints you had about my auctions.
It is not my fault you have mislaid/misfiled or lost tha
t fax, I am not
prepared to pay for the fact that somebody is incapable of doing their
job properly.

It is obvious that
nobody at QXL has any idea of the law regarding software licensing and
it appears that you are condoning the sale of illegal software, which my
solicitor has taken up with Microsoft.
Auctions of this kind are barred within 1 hour on Ebay, because
Microsoft are majority shareholders in the company. As a former member
of Ebay I have written to their CEO and informed him of the situation as
well.
I have had a number of emails from satisfied customers several of whom
have realised the software is totally legal and genuine and have offered
to purchase additonal licences from me privately, so all you are doing
is depriving yourself of revenue.
Meanwhile I shall stick to using Ebay or another auction site under my
previous username as they are obviously a more reputable organisation
than yourselves.
I will of course be serving papers on your MD regarding the expenditure
I have incurred because of the ineptitude of your staff and have made a
complaint against you regarding this telephone call. Basically I think
you are just making up the first thing that comes into your head to try
and justify your actions.
I spoke to someone on live help yesterday who confirmed that NO
telephone call was ever received from Microsoft.
If you are capable of making up a story like that, the chances are you
have my fax and are just barring my auctions because I am undercutting
some of your merchant partners.
I have been in touch with several people and it seems that in order to
sell on QXL sucessfully without experiencing the kind of problems I have
had, it isnt what you know, but who you know. This is totally unethical
and I would not expect any company to operate such a discriminatory
policy.
I also know who it
was who made a complaint against my auctions and have
obtained their details. Having had their auction checked, it seems that
is just as illegal as the ones selling copies of XP for £8, only they
are charging £145 per OEM copy. It is illegal to sell OEM software in
the manner in which they are selling it, with a 'stick of memory' or
'lucky dip' piece of hardware. Can you imagine a company like Dixons
selling software like that?
I suggest you speak to the company 'papasays' and warn them they are in
breach of OEM licensing rules and have been reported to Microsoft. Also
they are claiming all sorts of nonsense on their auction screen, which a
colleague of mine has had scrutinised carefully. None of it is true,
despite their high rating, their auction is illegal.
I sent a copy of the auction URL to Ebay and they wrote back and told me
that such an auction would be barred immediately from Ebay as it is in
breach of VERO rules.
You also claimed you had spoken to Ebay regarding my auctions, they have
denied this and told me that they do not discuss such matters with
competitors.
So basically I have been told a pack of lies, been messed around, spent
a considerable amount of money and had my time and trouble totally and
utterly wasted.
I will be seeking damages against you for this. I suggest you pass a
copy of this email onto your MD and inform him that unless your company
starts behaving in a more customer focused manner and takes steps to
stop illegal auctions, that you are likely to be facing legal action,
not only from myself, but from Microsoft and the BSA, who I have also
copied in on all your emails etc.
Also, any attempt to charge my credit card will be met with an immediate
chargeback complaint from myself. A company which is acting in the
manner with which you have treated me (and several other selle
rs who
have also been in touch with me), should not be permitted to accept
credit cards at all. So I may put in a complaint to Visa and Mastercard
international as well.
Regards.
Matt
In a message dated 11/04/2002 11:51:40 GMT Daylight Time,
formenquiry@qxl.com writes:
Subj:Re: Attention Alex-Urgent (KMM2132035V22895L0KM)
Date:11/04/2002 11:51:40 GMT Daylight Time
From: formenquiry@qxl.com (UK QXL COMMUNITY webform)
Reply-to: formenquiry@qxl.com <mailto:formenquiry@qxl.com> (UK QXL
COMMUNITY webform)
To: Mattuk1971@aol.com (Matthew Walsh)
Dear Matthew,
Thank you for your email, which we received on 4/10/02.
I am really sorry to hear about your disappointment.
Unfortunately we will not be able to re-open your account until we will
receive a proof that you are legally entitled to pass ownership of the
listed items.
I am so sorry that we are not able to find the fax which you claim to
have already sent and, whilst I apologize for this, I ask you to send it
over one more time is order to have this situation resolved.
I must clarify that we have no intention of paying any charges in order
to receive this information: if you would like to continue selling with
our site, it will be you responsibility to prove the legality of listed
auctions.
Our fax number is 02089627300 and you could give us a call on
02089627000 as soon as you sent it so that we can confirm reception.
I would appreciate if you could mark it for my personal attention.
Alternatively you can send a copy of this documentation via mail at the
address below:
Christian Amicabile
Landmark House
Hammersmith Bridge Road
London W6 9EJ
I look forward to receiving the required documentation and resolve this
case allowing you to sell again on our site.
Kind Regards,
Christian Amicabile
Community Services Manager

Email: help@qxl.com
www.qxl.com
"Taking pride in perfecting a dynamic marketplace to fulfil our
customers' needs."
Original Message Follows:
------------------------
Well, I never got the reply you promised me...surprise surprise.
Especially after your fib about the phone call from Microsoft. I have
informed them about that, and am going to make a complaint to your MD
that you lied to me. I have been doing some digging about your company
because I have a lot of contacts in the IT industry and it appears that
to be able get away with auctioning illegal software depends on who you
know, not what you know. My solicitor is also preparing
papers to serve against your MD for slander and damages, so you can pass
this onto him with my best wishes. Also you will be receiving the
invoice from Irwin Mitchell my solicitor, if it is not paid within 28
days you will be going through the small claims court.

I have tried my best to play it straight down the line with you and have
had nothing but abuse, lies and aggravation. Especially over that phone
call from Microsoft which was a total load of garbage and you claiming
never to have received my fax when I have the confirmation slip sitting
right here in front of me.
Regards.
Matt
-----------------------

Subj: Attn Peter North
Date: 16/04/2002
To: manager@qxl.com


Dear Sir,

and you have the nerve to accuse me of selling illegal software? No wonder my licence has vanished!

Quote (translated):


QXL, the Pan-European community of auctions online, will have to pay the amount of £34.000 to the BSA, Business Software Alliance, by the use by of programs of software without license
Madrid, 21 of August of 2000- QXL.com plc, a Pan-European community of auctions online, will have to pay the amount of £34.000 to the BSA, Business Sof
tware Alliance, association that fights against the computer science piracy in relation to the use on the part of QXL of programs of software without license. The company, that is established in the United Kingdom and quotes in stock-market of London and the National Market of Nasdaq, found out, after an audit of internal use of software, that in the network of the company was had been using more than 200 copies of programs of Marinates, Microsoft and Symantec without license.Keith Philips, Director of Technology of QXL.com, comment ': "he pleased to give the results to Us of our audit of software to the BSA, that demonstrated that there were been using programs without license involuntarily. Now we are sure that all software that we are using is absolutely legal ".Mike Newton, director of relations of the campaign for BSA United Kingdom I affirm ': "illegal software, or is used deliberate or involuntarily, it constitutes one serious violation of the law of intellectual property. It is instructive which a company like QXL.com, classified like number one in the prizes that Forrester Research in "The Best of Europés E-commerce"("El better electronic commerce of Europe") gave summer the past, has detected irregularities in its internal management of software. We were glad of which the investigation has had a positive result."The BSA animates to all the European companies to that they visit his page Web, www.bsa.org/uk and their reporting line (0800 510 510) to obtain gratuitous Gui'a on the Management of Software, as well as advising and aid.
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There is LOADS of information freely availble in newsgroups and webpages about your company, I think it's about the time BSA were formally involved in this. I am just going to send the url of this page to any bidder who contacts me from now on, along with all the other information I have collected. The information is freely available after all, wh
at apalls me is that your staff are obviously involved in this, some staff members are involved in these illegal auctions and one or other of your staff members has hold of my certified licence.

I was told you were 'unable to trace incoming faxes' yet in your last email you are now telling me you can?

For goodness sake, what kind of company are you running? I have seen negative feedback removed from sellers ratings pages, been subjected to malicious emails, been threatened, had my IP address 'traced' and blocked, spent hundreds of pounds in legal fees and now I discover your company was ivestigated and fined by the BSA? The whole thing is a total farce. As far as I know you could be using that licence yourself, judging by the quote above. I can't prove it, but from the inconsistent replies and blatent untruths I am receiving in various emails from your staff, coupled with what I am uncovering on the Internet, I am pretty certain that my assumption is correct.

I will be showing this webpage to my solicitor at the earliest opportunity.

Regards.

M Walsh

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There is a whole pile more of this stuff, but basically they have cost me hundreds of pounds, lied consistently, avoided giving any direct answers to my problems and are still denying they have copies of a certfied licence worth over £10000 when my solicitor and myself both witnessed the fax go through TWICE, transmission report 'status-ok'.

Don't deal with this company. Stick to Ebay, Yahoo or Freeserve, they at least maintain an aura of respectability.

Summary: