taz8057
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posted on February 15, 2001 02:18:33 AM new
I have a BIG problem. I have about 200 auctions per month on ebay.
I met this guy from LA, and we became friends. He had a website, and I asked if I could sell some of his products on ebay. He said that's great! He would be willing to let me do that. Of course, I made a percentage off of the sale.
This worked out great in November and December. Late December, I asked if I could buy a large quantity of his products that he sold - About $2,700 worth of products.
I paid him the money with a Check in December. He told me that they were back ordered and he would deliver it to me in early January. The end of January approached and he still said they were back ordered.
Ok, He asked me Jan. 31 if I would like a refund check. I thought I would give it a week. On Feb. 7, I emailed him to see if he had the product. Still no product! I finally asked for a FULL REFUND. I have not heard from him since 01-31-01.
It has been just about 2 months since I paid him.
What is the first thing that I need to do since I can't get through to him. I gave him until midnight tonight to call me or I would pursue legal action. I need advice on that part.
-Trey
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austbounty
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posted on February 15, 2001 02:50:30 AM new
Get as much as you can, as soon as you can.
Even if it's only a couple of hundred$.
Then hit him for more the next day.
Good luck.
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taz8057
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posted on February 15, 2001 03:01:29 AM new
The bad thing is:
I live in a different state! 
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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zeenza
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posted on February 15, 2001 04:19:00 AM new
For 2700.00 I would take a drive and see the guy in person.
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siddielou
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posted on February 15, 2001 05:00:51 AM new
Give your state's bar association a call and ask for the names of lawyers near you who specialize in small business/ contract law. Many lawyers will give a free initial consultation which are often very helpful in determining what your rights and recourses are under your state's law, common law, and possibly the UCC.
Also, make sure you DOCUMENT everything. Print out all e-mails, letters, notes, log your phone calles, delivery confirmation slips, etc. Oral agreeements are enforceable but any and all documentation you have just bolsters your case.
Keep us posted & Good Luck,
Sid.
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spuddy98
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posted on February 15, 2001 05:44:23 AM new
Here is a modern problem that everyone needs to be aware of . You say you became friends with this person. One cannot become friends with someone without being in the same room. To be 'friends' you need personal contact to evaluate the level of trust you wish to give to the person. If you only communicated thru the internet you took this person as he wanted to represent himself. Think about your personal relationships and how you evaluate the person. Physical appearance. Eye Contact. How other who have know the person relate to them. And so on. Be very careful about the distinction between Friends, acquaintances and friendly acting people.
Prepare for the worst but hope for the best!! Spuddy98
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RB
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posted on February 15, 2001 06:05:41 AM new
zeenza ... not good advice 
If taz8057 were to do this, s/he could get into some serious trouble and possibly personal injury when confronting the thief. And if something were to "mysteriously" happen to the thief, guess who would end up in court?
Let the proper authorities deal with this ...
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chepistar
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posted on February 15, 2001 06:28:26 AM new
taz8057
I can't give you legal help but I can take a stab using my banking experience. Call your bank officer/operations manager and set up an appointment. Do not ask over the phone since you will need to place a "plea". IN PERSON, ask about a "late return" for the check you wrote. In effect, what this does is similar to disputing a charge on your credit card. The check will be "returned" ~ pulling the funds from his account (provided that the funds are still there) and back into your account. Most banks have the ability to do this, but only will do so under extenuating circumstances. (if you pay your painter and don't like the way it came out, no dice. This works in cases of legitimate fraud only!). Many bank sales managers do not know you can do this but most operations and control supervisors will know whether they have the capability to do this and what the time frame is for their particular institution. I spent 6 years with one of the "big guys".
PS I never told you about this!
PPS This is why I don't take personal checks for large amounts of money!
Good Luck!
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whinecooler
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posted on February 15, 2001 08:13:24 AM new
I had a similar experience with an out of state buyer on an Ebay transaction. He wrote a bad check but it didn't bounce until 16 days after it was deposited. We sent the item after 10 days figuring if we hadn't gotten any notice it must have cleared. This was back when EBAY allowed unlimited nuetrals so I left a negative nuetral every day until he paid after it became apperent he didn't intend to honor the bad check. I finally got my money but every time somebody from auction watch looks at my feedback left they see this and flip out. I MEAN REALLY FLIP OUT!! Telling me how unprofessional it was and how I should be ashamed.
I guess you can't do anything. It would seem unprofessional
***********************************
Bumper sticker.
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Notice: Driver carries less than $20.00 in ammunition.
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Empires
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posted on February 15, 2001 09:27:05 AM new
Contact the Attorney General in her/his area and file a complaint. Then have them arrested for fraud. Not to be taken lightly!
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magazine_guy
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posted on February 15, 2001 09:38:13 AM new
Unless there is more to the story- this likely will be considered a civil matter, as opposed to criminal fraud. Another party (or business) owes you money or property, and is unable or unwilling to make good on the debt. You're a creditor-- perhaps one in a long line of creditors.
Here in California, our power companies owe millions they are unable or unwilling to pay (due to some bad legislation and bad business practices, apparently). Nobody is going to take a fraud report against them.
You can sue in small claims court- I've done this once with a deadbeat in another state-- but it's a hassle because of the jurisdiction issues, service issues, and collection issues.
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mcjane
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posted on February 15, 2001 11:06:47 AM new
taz There is a lawyer or law student that posts on this board, can't remember his user ID though (maybe someone else can) h/she might have some good advice for you. This is one sad story & I am so sorry. I can see why you trusted him because of your dealings for a couple of months. Please keep posting & keep us up to date. I think it helps to talk about this with others rather than suffer it alone.
Jane
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taz8057
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posted on February 15, 2001 03:07:35 PM new
Here is an Update on my situation:
Here is the email I sent to him early this morning:
xxxxxx,
I have no option but to take legal action if you do not call me by Midnight 02-15-01. I have given you ample time to deliver (over 2 months). I also just wanted email confirmation that you were still trying to get the product. I have been emailing you since the begining of this month (Feb.) with no response. You have not emailed me, ICQed me, or Called me since 01-31-01. I have given you 2 weeks to contact me regarding a refund of the $x,xxx.xx that I sent to you for payment of the product.
IT is very important for you to call me at xxx-xxx-xxxx. If you can't call me, I will call you, email me your phone #.
Thank you
Trey
Here is the email that I received from him today.
Trey,
Well, first off the full refund amount would be xxxxx.xx since that was the agreed upon price. I have been out of town lately but the xxxxxxx and the xxxxxxxx were shipped yesterday to you at the address you gave me. As for your "e-mails", I have not received one. I do, however, get my e-mail forwarded from [email protected] to my phone so maybe that is why. The xxxx will ship out either this weekend or Monday at the latest. I have all the products now, but I have tests and school Until Sat so I am not sure if I will get around to it until then. You should have everyone of your products by next Friday since at this point we will just be waiting on UPS and not the manufacters. I will try to contact you on ICQ.
xxxxxx
Ok, Fist of all, wouldn't you think he would have told me that he got a new email address? I sent every message to 2 of his email address, I also put on the email that I sent to let me know if he reads it. That is a feature of Outlook Express. Every time, I got a response back. If he did not see the email, then how would this happen?
I have been sending emails to him since the begining of Feb. Why is it now that he finallly emails me - FROM THE EMAIL ADDRESS I SENT THE EMAIL TO HIM!, not the one he says he has the mail forwarded to!
What do you think of this now?
It is a little difficult for me to drive to see him, since I live across the country from him.
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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pcalton
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posted on February 15, 2001 03:44:08 PM new
You need a UPS tracking number so you can verify that the packages are on the way.
Your "friend" may be telling the truth or may be trying to give himself time.
His local police, sheriff, or District attorney is who can act quickly and put a scare in him faster than anyone else. If things don't work out quickly you may want to spend some time and money on long distance calls to his local authorities.
pcalton
Perry Calton
[email protected]
http://www.pcalton.com
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moparmaniac
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posted on February 15, 2001 03:53:06 PM new
I'm in a similar situation with a company.
Almost been 3 months since I placed my order with them...
They were really backordered over Christmas and they say they are just now catching up...
Things like that are really frustrating due to the time you have to wait, but sometime for the deals you get, you can't afford not to wait.
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taz8057
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posted on February 15, 2001 05:33:55 PM new
moparmaniac,
This guy was ordering products for me from 3 different companies. How can 3 different companies be backordered at the same amount of time for the same lenght of time?
It still seems kinda fishy to me. I sent him an email to get the UPS tracking numbers. I have not got a response yet. How long do you think I should wait for that? He said that all products will be here by next Friday.
Is there anyway I can call UPS without the tracking numbers to find out if it has been shipped?
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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citygirl1
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posted on February 15, 2001 09:58:17 PM new
Maybe I can be of some help. I am a paralegal but I do not work in this area of law so unfortunately my knowledge is limited. Firstly, it sounds like a civil matter rather than criminal but that's just my opinion. What I think you should do is contact an attorney who is handles contractual law and is familiar with the UCC (Uniform Commercial Code). If you contact your local bar association, they should be able to refer you to someone who will advise you for free. Good Luck!
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mcjane
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posted on February 27, 2001 11:44:00 AM new
taz Do you have any update on this?
Jane
Edited to take out the word "yet"
[ edited by mcjane on Feb 27, 2001 11:45 AM ]
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FATTYMAN
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posted on February 27, 2001 12:24:05 PM new
here in louisiana we call that good business. you might as well forget about it because your guy is at Mardi Gras right now pissing away your money on cheap beer and jambalaya.THROW ME SOMETHIN MISTER!
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YPayRetail
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posted on February 27, 2001 12:24:08 PM new
You could:
File a small claims case. Pick up the paperwork, complete and file. He will be served notice.
AND/OR
You can pay $100 to an attorney to simply send an attorney letter. An attorney letter alone gets some people hopping.
AND/OR
File fraud charges with your local PD. Harp on the investigator to talk to this guy. A visit or call from the police may also be the key to getting the money back. Make sure the PD knows this is internet fraud. They are very in to filing on internet fraud these days.
All of the above may work. It is dependant on the paperwork you have for the items. Did you receive an invoice? Was there a promised delivery time in writing?
Good luck!
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zippoholic
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posted on February 27, 2001 12:32:46 PM new
Very sorry to hear of your dilema.
I can tell by your responses that you are trying to give this individual the benefit of the doubt. That is probably not in your best interest at this point.
Since your emails were "read" and since you are now getting no answer regarding the tracking numbers, it appears to me that something is not right here.
I know that if you "met" this person on the internet the FBI is a possible resource for you as they are definately interested in domestic internet fraud. You can get more info here http://www.fbi.gov/programs/ifcc/ifccoverview.htm
From what I read the terms of your agreement have not been met. The seller is already at fault. I suggest that you trust your "gut" instincts.
-zippoholic
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mrssantaclaus
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posted on February 27, 2001 12:48:00 PM new
Thanks to this post I was able to stop my sister from ordering from a scam like this.
Thank you!
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taz8057
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posted on February 27, 2001 02:07:51 PM new
Here is another update on this situation:
The guy I ordered from told me last week that the product would be here at the latest Tuesday. Today is Tuesday and no product. The only way I can get him to respond to me is to email him with a threat to contact the police and DA. Every other email I send him goes unanswered.
I keep emailing him to ask for the tracking number, and no response. Is it possible to find out if someone shipped something without knowing the tracking number from UPS?
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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mrssantaclaus
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posted on February 27, 2001 03:24:28 PM new
Time to act, my friend!
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psalms139
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posted on February 27, 2001 03:52:51 PM new
taz8057 I'm not sure if this will help you..but here is a link that will find his phone number.
If this works...maybe a you could tape the conversation?
I hope things work out for you!
http://www.switchboard.com/bin/cgiqa.dll?MEM=1
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taz8057
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posted on February 27, 2001 04:47:59 PM new
Hey,
I think I found the phone number, but it has been disconnected.
I also found the local DA and police police phone numbers. I will be calling them tomorrow.
If he gives me the UPS tracking numbers, then I will wait until I get the package to make sure I got everything.
I will keep everyone updated.
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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pinupart57
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posted on February 27, 2001 04:53:20 PM new
Contact the State Attorney General of HIS State, I have had a similer thing happen to me several years ago (mail order - pre internet) and the resolved the problem, also try the Mail Fruad Division of the U.S. Postal Service...since you sent it by mail they can probably be of some help...
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taz8057
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posted on February 27, 2001 07:33:38 PM new
Here is another update on the situation:
I got an email from him and the tracking number. It was sent usps Friday.
Hopefully everything will be there.
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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tapatti
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posted on February 27, 2001 07:52:47 PM new
Trey Some advice so that this doesn't happen to you again: NEVER pay over $100 to a supplier in advance by check. If at all possible pay by Credit Card or a MasterCard/Visa Check Debit Card. If the supplier doesn't take credit cards look elsewhere. If you can't try getting COD terms. When you pay by credit card and a substantial part [in your case all of it] of your order is backordered the Merchant must NOT charge your card until the day the merchandise ships. If they put an 'auth-only' hold on your card when they got the order they need to remove it until they ship the goods. This is straight from my Merchant Account terms and is set by Mastercard and Visa. If you don't receive the goods you can dispute the charge with your bank.
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taz8057
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posted on February 27, 2001 09:06:24 PM new
tapatti,
Thank you for the tip. I will remember this.
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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