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 kittykittykitty
 
posted on March 30, 2001 12:07:53 PM
quite a number of times i've read how fraud can be filed against someone - mail fraid if the seller used the usps, and internet fraud via http://www.ifccfbi.gov.

i have a [non-ebay] situation where i'm strongly considering filing fraud complaints. i also just remembered today that i paid - at the end of november - via paypal, with a credit card. maybe i can do a charge back!

anyway, several weeks ago i went to the usps site to look at filing a mail fraud complaint, and basically what it said was they'd file the complaint, but nothing would really be done unless/until there were a number of complaints filed against the person. or that's what i understood from what i read. so it seemed to me filing a usps mail fraud complaint was fairly useless. has anyone done this?

or filed a internet fraud complaint?

my situation is i placed an online order from a web site and paid via paypal for a pair of [expensive] shoes on 11/29, supplying requested outline of foot for proper fit. delivery was stated as 3-4 weeks.

- emailed 12/17/00 asking for an eta; seller replied 12/18 they'd be going out that week.
- emailed seller 1/1/01 that they still hadn't arrived
- 1/7 seller replies that they'd be going out express mail the next day.
- i email 1/9 that they've arrived, but are too tight, do they stretch out?
- he replies 1/10 yes they do, give them a try for a few days or send them back and you'll have the cobbler stretch them out.
- i try them for several days; they hurt my feet; it becomes obvious they are the wrong size
- email seller this info on 1/19, he replies saying to send them back, along with outline of my foot. they'll either stretch them or replace with correct size.
- i send them back on 1/24, send outlines and footprints, so there will be NO further chance of not fitting
- hear nothing back. email 2/19 to ask what's going on
- 2/26 i email outlining the above, and that i'm running out of patience. and it's nearly 3 months since i placed the order and paid.

cutting to the chase, he eventually sends them back, apparently exactly as i'd sent them to him. i send them back, email i want a refund and to forget this whole thing. i'll eat the cost of shipping back 2x + insurance, but want a full refund - m.o. or check, let me know which, and i want it in 5 days. he eventually replies he'll send me refund within 2 weeks of receiving shoes back from me [3/8]. i email 3/27, giving him time to have sent it at the very last day of his agreement, reminding of his agreement, asking him to PLEASE take care of this. it's now 3/29. no reply, no check.

ok, i realize this isn't an ebay transaction, but it could be. i really don't *want* to do a chargeback and have his paypal account frozen, but it may be the only way i'm assurred of getting my $ back.

i'd really like suggestions, if possible. and i'd like to know if filing usps mail fraud has any teeth, or if filing internet fraud has any teeth. and that part, plus the chargeback, is ebay related

thanks,

kittyx3


 
 marlenedz
 
posted on March 30, 2001 12:26:48 PM
How frustrating!

A fews years ago I bought an item that had a money back guarantee. It was only $40. It was from a website but not auction related. I received it and sent it back in the same condition it arrived in. I made a copy of the website where he stated that there was a money back guarantee .He never refunded the money even though he told me 5 times that he would. I saved all emails and printed them. I live in MI and he lived in OH. I was told I would have to deal with the authorities in OH. So I went online and and filed a complaint with the Better Business Bureau in OH. Within 4 weeks they contacted me and asked for supporting documentation. They contacted the owner who basically lied through his teeth. They couldn't do anything and said they would forward everything to the small claims court if I chose to sue. Since this was only $40 I wasn't going to drive to OH and take a day off work. Then I filed a complaint with OH Attorney General's office through their website. I didn't hear a thing from them until about a year went by and out of the blue, their office called to verify my address because they had my $40 back. They also shut his website down. It took some time but they came through for me.
 
 tsunamii
 
posted on March 30, 2001 12:27:16 PM
Kitty,

I just emailed you with some stuff
 
 kittykittykitty
 
posted on March 30, 2001 01:04:53 PM
marlenedz,

it sure is frustrating, isn't it?! this guy and i live in the same state, but i sure don't want to go to small claims over it either. i'm glad to hear the attorney general came thru for you, but man that's a long time in the coming!

tsunamii,

thanks! ... oh, just read your email . very helpful. looking like a charge back would be the best way to go in this situation. i hate to do it, but this guy has been impossible at every step of the way. for all i know his check [if he ever *would* send it!] would bounce or he'd short me. got to say, this is the WORST business experience i've had - on or offline.

kittyx3

 
 joanne
 
posted on March 30, 2001 01:33:02 PM
Isn't there a time limit on doing chargebacks - 90 days or something?

 
 
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