amellia
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posted on December 5, 2000 02:37:27 PM new
[ edited by amellia on Dec 6, 2000 08:52 PM ]
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RainyBear
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posted on December 5, 2000 03:14:36 PM new
I found the auction in question and changed my mind about what I just posted about fraud... it doesn't appear that he intentionally misrepresented the tapes. Since he didn't advertise them as a set, just as VHS tapes with chapters 1-4, his ad wasn't misleading unless you take it in context with all the other Thorn Birds listings, which are for 4 video boxed sets.
This is a tough one. His feedback is nearly impeccable, but he's acting like a jerk. My guess is that he made an honest mistake, but I do think it's wrong that he changed his mind about refunding your money. I can definitely see how this happened. Good luck working this one out! Maybe you can "kill him with kindness" and get a refund unless you really have a feud going.
[ edited by RainyBear on Dec 5, 2000 03:22 PM ]
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amellia
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posted on December 5, 2000 03:22:53 PM new
[ edited by amellia on Dec 6, 2000 08:53 PM ]
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amellia
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posted on December 5, 2000 06:31:19 PM new
[ edited by amellia on Dec 6, 2000 08:54 PM ]
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preacher4u
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posted on December 5, 2000 06:45:06 PM new
Invite the seller over, because it will be just a few minutes 'til this thread gets locked.
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dman3
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posted on December 5, 2000 06:51:50 PM new
Hmmm maybe you should try sending this seller email from another email account try to let them know you dont think there Item or auction was fraudulent but that it is simply not the VHS 4 box set you thought you were bidding on.
If you did tell them in email right off you feel there auction was fraudulent or indicated you feel they are trying to rip you off some people are more thin skined then others and will just shut you out rather then deal with this type of thing.
http://www.Dman-N-Company.com
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cajunatpassmore
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posted on December 5, 2000 07:05:38 PM new
There is a site called Square Trade that will help you solve problems from online auctions. I have never used them, but know someone who did. I don't know if they have fees or what they are.
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ubiedaman
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posted on December 5, 2000 08:17:48 PM new
Is it possible that this seller's feedback is "nearly impeccable" because he threatens lawsuits and negs at the drop of a hat?
Keith
I assume full responsibility for my actions, except
the ones that are someone else's fault.
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busybiddy
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posted on December 5, 2000 08:35:57 PM new
The problem here is that we don't know what you said to the seller in your contact with him. Apparently, you threatened a neg for him to have retaliated with the lawsuit crap. And, if he offered a refund and then "took it back," you have probably had more than one round of e-mail with him.
I can see where you may have assumed that the set was a 4 volume, complete set. His ad did not state that it was a complete set and he may have been remiss in not being more clear about that. On the other hand, you maybe should have been a bit more careful in your reading of the ad.
Either way, I don't see why you couldn't have worked out some kind of return/refund deal with the seller. His feedback is high and all positive and I would assume that he would be amenable if approached politely.
Could you be more specific on what you said and what you asked for? Perhaps you came across too strongly and he became defensive.
This sounds, to me, more like a poor communication problem than any type of fraud.
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amellia
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posted on December 5, 2000 08:49:21 PM new
Removed
[ edited by amellia on Dec 5, 2000 10:18 PM ]
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amellia
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posted on December 5, 2000 08:57:27 PM new
[ edited by amellia on Dec 6, 2000 08:55 PM ]
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ubiedaman
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posted on December 5, 2000 09:03:18 PM new
So to sum it up, YOU were in violation of the eBay TOS by selling an item that you did not possess???
ubiescrewed
Keith
I assume full responsibility for my actions, except
the ones that are someone else's fault.
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busybiddy
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posted on December 5, 2000 09:05:39 PM new
amellia
I agree that you may have been upset and over-reacted. That e-mail would have made me bristle.
I think he is doing what would be expected. You came out like gangbusters, he figures he's got a hothead to deal with and he's putting the brakes on you ASAP.
If it were me, I would e-mail him and ask if we could start over. Explain that you were disappointed that the set was not the entire show but that you realize it was a misunderstanding and are not accusing him of anything. Could you possibly work out a return and refund? Try to be calm and professional. No mention of negs or retaliation.
Good luck. His best bet is to work with you.
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amellia
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posted on December 5, 2000 09:06:01 PM new
[ edited by amellia on Dec 6, 2000 08:55 PM ]
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amellia
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posted on December 5, 2000 09:10:26 PM new
[ edited by amellia on Dec 6, 2000 08:56 PM ]
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ubiedaman
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posted on December 5, 2000 09:11:03 PM new
So NOW you plan to send this along to another "unsuspecting" buyer!!!!! The whole story is yet to come...
If you pass this set along, you are no less slimy than the seller you purchased from!!!
Keith
I assume full responsibility for my actions, except
the ones that are someone else's fault.
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amellia
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posted on December 5, 2000 09:13:49 PM new
[ edited by amellia on Dec 6, 2000 08:56 PM ]
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avaloncourt
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posted on December 5, 2000 09:26:14 PM new
Can anyone please help? This seller has now blocked my e-mail and says he's going to his lawyer tomorrow to sue me for "slander", for saying he as "fraudulent" (in My e-mail to HIM!)
Amelia,
I don't think you have anything to worry about if this person thinks you committed an act of slander. Were you in the same room at the time? He obviously doesn't know the difference between libel and slander.
libel: Law. A false publication in writing, printing, or typewriting or in signs or pictures that maliciously damages a person's reputation. The act or an instance of presenting such a statement to the public.
slander: Law. Oral communication of false statements injurious to a person's reputation.
Since you never publicized that email somehow I think you'll be just fine.
[ edited by avaloncourt on Dec 5, 2000 09:28 PM ]
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twinsoft
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posted on December 5, 2000 09:31:04 PM new
You made assumptions not stated in the description. According to you, every other auction, and by extenstion therefore every set, is a 4-volume set. Obviously, this is incorrect. Also, you assume the seller knew such (your accusation of fraud) and was obliged to state so. You accused the seller of withholding information. Chances are, the seller was unaware of any other format of this video series.
Chalk it up to experience and move on. Negative feedback is completely uncalled for. Next time, avoid the threats and accusations. My policy is very much like your seller's. If the buyer is polite and apologetic, I will refund no matter whose fault. If the buyer is rude and hostile, then it's "all sales final."
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sg52
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posted on December 5, 2000 09:45:40 PM new
You made assumptions not stated in the description.
As we all do, all the time.
Seller is responsible for accurately communicating the description of the stuff. Seller cannot hide behind "the words did not say what the communication said". In the context of a product which was more valuable and also met seller's description, this seller errored.
That said, making harsh accusations in an initial contact would infuriate anyone, me included.
sg52
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AnonymousCoward
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posted on December 5, 2000 09:45:55 PM new
Got to agree with twinsoft. I would add this suggestion:
Edit out the auction title, the email and any other information from your posts that can be used to easily identify this seller with an eBay search. It is agaist this AW community guideline's to post any information that can identify the seller mentionned without properly inviting the seller first.
IMHO posting the email you sent him could be construed as publicizing your statement he was fraudulent. Depending on the mood of the seller, he could well follow up on his threat of a lawsuit even if it was just a bluff before.
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boysmommy3
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posted on December 5, 2000 09:46:56 PM new
A couple of thoughts:
*E-mail was too harsh to expect an amicable resolution. Kill them with kindness. To come on so upset and with caps would be a big red flag.
*You bought this to re-sell - yet you did not have in your hand. Whether or not you have resolved with your buyer - it is not your seller's fault that you sold something you did not have in your hands.
*The seller has been invited. There is always two sides and maybe this way you too can come up with an amicable solution to this auction.
Try not to send e-mails when you are upset. Emotions come into play and e-mails come across harsher anyway.
Let us know if anything else happens.
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boysmommy3
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posted on December 5, 2000 09:54:58 PM new
Amellia,
I am confused. You said you won another set of the movie and already shipped it to the winning buyer as you would never pass on this set to someone else. However, according to the auctions the only other sets you have won ended today and end on the 8th so there is no way you could have already sent out another copy to the buyer. So what is your buyer getting?
I hope you come here and explain your statements that do not match because I am gettting really tired of listening to buyers complain and give sellers a bad name when the other side is never told. Your statements do not match your actions.
Please explain..... If I am missing something here I am truly sorry but it appears as though your statements do not match.
I truly hope the seller also shows up so we can hear both sides.
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docpjw
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posted on December 5, 2000 09:55:45 PM new
I would Absolutely Neg him if he did not refund. He knew what he was doing,The legal talk is just a lot of BS. I cannot believe people are coming down on this buyer because of deception from the seller. As soon as he would have threatened me legally I would have blasted off the Nastiest neg he ever saw and told him I was awaiting Papers from his attorneys. Now I agree you shouldn't have brought up the "fraud" word,but I believe he Knew he was pulling a fast one (personal collection,had to Laugh at that one).
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MichelleG
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posted on December 5, 2000 10:11:34 PM new
amellia
By providing the specifics of the auction, there is enough information to identify the Seller under discussion. I am locking this thread until the requirements outlined in the CGs are met. For more detailed information, please follow the link:
http://www.auctionwatch.com/company/terms.html#mesg
Thank you for your cooperation.
MichelleG
Moderator
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lotsafuzz
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posted on December 5, 2000 10:12:55 PM new
amellia: I found the auction where you sold these videos. Question:
Did you ask the original seller if you could use his text?:
These videos are from my personal collection and have been viewed twice. 4 videos, Chapters 1, 2, 3, and 4. All sleeves and videos are in MINT condition.
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reddeer
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posted on December 5, 2000 10:21:22 PM new
Hmmmmmmmm.
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lotsafuzz
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posted on December 5, 2000 10:24:55 PM new
Amellia: Can you explain why the ID you bought that video with also bid on one of your auctions?
http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=507043211
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AnonymousCoward
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posted on December 6, 2000 06:24:09 PM new
Unlocked?
Interesting question by lotsafuzz.
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pattaylor
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posted on December 6, 2000 06:25:56 PM new
Everyone,
This thread was unlocked at the request of the seller.
Pat
[email protected]
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