daleeric
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posted on August 5, 2001 12:10:32 PM
The Armoire auction ended on April 1, so it is no longer in E-Bay's system. I saved the auction to desktop and usually I am able to access it longer after the other party can not. I escaped this transaction without a negative and was hoping to neg them at the very last moment by this method. Oh well, at least I managed to get through it without a negative. I'm sure the negative would have mentioned "fraud" or something equally damaging. I guess that is good enough.
In mentioning our "E-Bay House" it looks like an antique store in here. Last week there were three Armoires in just the entry hall alone!
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squinkle99
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posted on August 5, 2001 03:22:09 PM
Daleeric,
It is possible to leave feedback for a transaction over 90 days old. I have done it myself. Good luck to you.
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NCC1701D
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posted on August 5, 2001 09:23:31 PM
I still can't believe these buyers. If they try and continue this any further, I would turn them into the IRS. Since they are a business, it might be enough to get them an audit. It wouldn't surprise me if there were a whole lot of items in their house that were purchased by the "business."
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daleeric
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posted on August 6, 2001 07:38:08 AM
Kevin from Online Auction Users Assoc. just e-mailed me stating that these buyers just formally complained about us. I will report these people to the state tax board, and make a counter complaint with the BBB for discrimation. This couldn't come at a worse time. A family member is going to have surgery this week and I am the primary caretaker, so that will have to come first.
The Buyer stated that the drivers stated they did not feel confident and did not know how to assemble the Armoire. So the buyer refused the item, which our atty say is "unreasonable refusal." Any normal person would have accepted delivery and assembled the piece later. My husband even offered to assemble the piece himself and drive to N. California that weekend; they also refused that. My conscience is clear. It is too bad that E-Bay doesn't do a psych. profile before letting people join.
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camachinist
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posted on August 6, 2001 07:53:59 AM
daleeric
From an early poster to this thread:
My best wishes for a successful outcome and speedy recovery for your loved one.
You have a firm grip on what's important in life....those PITA former buyers are not it.
I would suggest that you carefully consider your complaint to the BOE regarding the buyer's alleged abuse of their resale license....the results of this could open your business up to scrutiny as well. I've seen a number of business owners who do have their houses in order get buried in paperwork by a BOE audit.
From your last post, it appears that you have your hands full of things right now which are much more important than satisfying a pinhead government agency......so IMO, proceed carefully....
Whatever choices you do make, my continued wishes for a speedy and favorable outcome!
Pat
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daleeric
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posted on August 7, 2001 06:32:55 AM
Thanks Pat. No, I don't want to be audited right now. I hate to be in the constant position of having to defend myself to every agency they report us to.
We greatly appreciate everyone's suggestions and support on this thread. We will let you know the outcome of the BBB and Online Auction Users Association.
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NCC1701D
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posted on August 15, 2001 11:48:57 PM
BUMP!
Any Updates on this?
Thanks
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daleeric
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posted on August 16, 2001 09:43:50 PM
Hi Gang,
I haven't heard anything from the Better Business Bureau or Online Auction Users Association. I sent the BBB a letter as soon as I heard from them. I told them in the letter that I would like to file a formal complaint against the Buyer's company for racism and harrassment.I am not very afraid of any of these agencies, they really have little power to do very much.
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daleeric
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posted on September 2, 2001 09:19:12 AM
I just heard from the Better Busines Bureau yesterday by mail. The BBB sent the buyers our written response to their complaint. The BBB stated that they have not heard back from the buyers yet, and will dismiss the complaint. No news yet from Online Auction Users Association. In the worse case scenario, I will remove their logo from my auctions. I don't think it buys much anyway. I hope this situation ends at this point. We are getting in the fall and winter seasons and we will all be busier as business increases.
If there are any new developments I will let you all know. If I learned anything in this transaction it was: know when to cut your losses and protect yourself by having a good TOS in place. This thread has been a great means of moral and emotional support during a rough transaction. We thank all of you for your concern and wonderful advice.
Sincerely,
DE
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camachinist
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posted on September 2, 2001 09:46:01 AM
Hi Daleeric,
Thanks for the update...
I got a little chuckle when pulling up this thread and seeing the first post (from Reddeer) in reply nearly 4 months ago now...mine was comparatively tame but I think his described what came to be very accurately...
In no time, this will become one of those "buyer from h*ll" stories you'll tell with some hard-earned laughter...
Glad you stuck to your guns!
Pat
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auctionee
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posted on September 2, 2001 10:57:48 AM
Just to add fuel to the fire , by scratching out anything on the check prior to cashing it is altering the check which can also be condidered forgery.
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daleeric
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posted on September 2, 2001 01:15:28 PM
Pat, Reddeer was right. There is nothing wrong with calling it the way you see it! The writing was certainly on the wall then!
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camachinist
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posted on September 2, 2001 07:51:19 PM
Looks like someone is trying to make us believe dimview is spamming this thread...
Nice try...
Pat
PS to Daleeric...you might want to request the moderator lock this thing up until the troll leaves...
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MichelleG
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posted on September 2, 2001 07:57:53 PM
He's gone for now (along with his multiple IDs) but he's been wreaking havoc in the OOA Forum.
Sorry I missed him up here - unusual that he's ventured this far afield
Michelle
[email protected]
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tiggressoflove
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posted on September 3, 2001 06:14:10 AM
nothing like getting spammed 30+ emails saying the same thing. There should be something in place preventing this stuff.
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squinkle99
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posted on September 23, 2001 09:12:23 AM
Just curious to see if you have heard anymore out of these awful bidders.
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tiggressoflove
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posted on September 23, 2001 10:21:33 AM
turning email back on
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cin131
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posted on October 23, 2001 10:21:24 AM
Anybody heard anything else about this fiasco? Just curious....
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daleeric
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posted on October 23, 2001 10:49:41 AM
Hi Everyone.
I haven't check this thread for a while. We had a strange event this week. We got a letter from one of the Judges that have small claims cases on TV. The letter said that we were probably aware we were being sued and they would pay our airfare to another state for the case to be heard by the Judge. They also said they would pay our damages if the judge should rule against us. This is very odd. We have not been served any legal documents whatsoever. I wonder if our favorite E-Bayers filed a lawsuit in their area. I checked the courthouse in my area and there was no suits filed in small claims or supreme court.
What do you make of this? The letter looks legit enough, although anyone can create a professional looking letterhead these days.
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camachinist
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posted on October 23, 2001 11:11:55 AM
Interesting twist......
Should be easy enough to authenticate....contact the production company of the show and share the contents of the letter with them...
Let us know what you find out...
Pat
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Eventer
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posted on October 23, 2001 11:14:11 AM
I wonder if our favorite E-Bayers filed a lawsuit in their area
Don't know the rules for small claims in their state/county but in ours, I had to pay to have the other party served since they lived in a different country than the one I was filing in. Surely it must be similar precedent in all states.
Bleck..helps to use the correct terminology..
[ edited by Eventer on Oct 23, 2001 11:15 AM ]
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Microbes
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posted on October 23, 2001 02:50:21 PM
This would be a good one for Judge Judy 
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daleeric
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posted on October 23, 2001 03:40:46 PM
It is true that a person must be served with the legal documents a certain amount of time in advance. There are a lot of rules regarding service. Someone that isn't involved in the lawsuit has to serve the papers. We haven't gotten anything yet. I hope we don't because it will just take up more time. We have documentation enough for the FBI and CIA at this point, should they find the situation interesting. I am not going to volunteer to participate in this though.
Perhaps the buyers would like to find out if we would willingly participate in this show. It isn't Judge Judy. I really like her show. Perhaps the buyers would change their evil ways after a session in court with her.
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sonsie
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posted on October 23, 2001 05:17:48 PM
A friend of mine got a similar letter from the Judge Judy show (I think that was who it was, but there are so many of those shows these days). It =was legitimate, but he decided not to get involved. Of course, he also did not get an offer to pay his judgment if he lost, either!
I imagine that the buyer has sued you in his jurisdiction, and that the producers thought the subject sounded interesting (eBay is big news these days). Check it out, if you have any doubts about the television aspect.
Also be SURE you check it out thoroughly from the legal perspective as well. If you do not respond, you may be found liable in absentia. And this might happen even if you do not receive official papers. So be sure to check with small claims and also superior court in the buyer's area to be certain that a suit has been filed and find out what you need to do to fight it.
If the TV show is offering to pay your expenses and any judgment against you, it might be worth doing just so that it is essentially cost-free to you to fight the suit and win the judgment. Otherwise, if you don't appear you may lose automatically, and if you do appear, it's going to cost you something in time, plane fare, etc.
Just something to think about...
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RainyBear
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posted on October 23, 2001 05:23:29 PM
After finding out about the legal stuff (whether they filed suit in their area), I'd definitely take the show up on their offer if it's legit. Otherwise there will be legal fees to deal with, win or lose. What a long and bizarre tale this has turned out to be....
[ edited by RainyBear on Oct 23, 2001 05:24 PM ]
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Microbes
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posted on October 23, 2001 05:26:14 PM
If you do take them up on the TV offer, let us know, I'd love to watch... 
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xenainfla
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posted on October 23, 2001 06:20:55 PM
Just had to post a comment after I read the Judge Judy beginnings.
My mother in law is involved in a small claims lawsuit with another Ebay fruitcake. Don't have the patience to go into all the details, but trust me, her life has been a living hell over all this crap.
In any event, the buyer (fruitcake) called Judge Judy's show and told her about the problem and my mother in law was contacted. I told my mother-in-law to tell them no - this lady has wreaked so much havoc in my in laws life already (contacting every gov't agency in the world), that I considered it another form of harassment. I also told her to make a point to bring it to the Judge's attention at Small Claims Court, in the hopes that this Judge would see this person for what she was.
I can't believe you are going through all of this still. I wish you the best of luck. Since I ship large items also, I understand the costs involved in all of this, as well as sympathize with the aggravation.
Some people just have nothing better to do with their life than harrass and annoy others. If you haven't been served with papers for a lawsuit, I would consider yourself lucky and pray you don't ever receive them.
Best of luck.
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gravid
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posted on October 23, 2001 08:19:18 PM
Years ago in another state I was sued over a no compete contract after I left a job and due to the other party personally knowing the judge I was ruled against although I never was served any papers. The first I ever knew that anything had been done was when my savings account was gutted by being garnisheed.
The thing about someone like that is that you can be sure they have so many enemies that if they want to see who is the baddest one of all OUTSIDE the legitimate reach of the law there is no way they will ever know which of the people they have screwed arranged their misfortune. You can be sure if you dig they are doing SOMETHING.
The first thing I did with this fellow was provide proof to the phone company that these folks had been cheating them for 15 years to the tune of $10 ,000 to $15,000 dollars a year. The phone company has much better lawyers than I could ever hire.
The next thing was to expose the fact they were in violation of their franchise agreement they ran their business under and
had been cheating the parent company by underreporting their business volume.
I also told the IRS about specific accounts and transactions that were cash only to evade taxes as well as franchise fees.
I also provided the wife with the address and name of the mistress the head of the family kept and the facts of their sons awareness of this relationship and willingness to cover it up to protect their income from the father.
I also told OSHA and the EPA that the company was disposing of paint and parts washer solvent tank sludge by dumping it down the drain into the city sewer system.
It made things difficult for him.
The amount he gained from me by trickery? - Less than a thousand dollars. May he have the joy of it.
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camachinist
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posted on October 24, 2001 07:38:05 AM
Gravid,
Moral?? A judge in the pocket does not a get out of jail card free make...
Nice story....sounds like some of my auto body buddies...hehehe
Thanks to you and others for the wake-up call on getting sued in-absentia....I wasn't sure about that one..
Pat
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daleeric
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posted on October 24, 2001 08:00:10 AM
There is a lot going on right now. I don't know if I have time or would like to make time for this court case. The year started well but slowly began to go downhill after this experience. There have been so many major things to go wrong after this experience it has been rather unbelievable.
The event happened in March, so we have till then to see what happens. It is a good idea to telephone the courthouse in their area to find out if there is a lawsuit of some kind. When I do that, I will let you guys know. Perhaps it wouldn't hurt to ask an atty about this letter.
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