posted on June 5, 2001 06:37:09 AM
Does anyone have the "magic" words to put into a letter, that will make a seller think about sending an item I paid for? The final cost is a mere $16.10, big deal huh, but I want the item! The seller is NARU..of course. I don't know the reason. The auction ended on April 15. I paid with a check, which she said she received. The check cleared my bank on the 24th. No package arrived. I called her on May 23rd. She sounded...oh so sweet..and yes dear, I'll send that right away. Today..my mailbox remains empty. I am just looking for the "right" words to put into an email that will scare her enough to do the right thing. I will fill out the postal fraud form, but I know it's a waste of time. eBay fraud is no help (under $25). What else can I do? Thanks for any advice you can offer.
posted on June 5, 2001 07:07:58 AM
I'm sorry this happened to you, and I don't care how small the amount of the loss is, it still isn't right.
I would politely notify her that you will be contacting the police in her town with a theft charge, since she has in fact stolen your money. You paid - she cashed your check - you have nothing. That is stealing. I personally would pursue it through the police. Hopefully that will frighten her into either sending the merchandise or refunding your money. Good luck!
posted on June 5, 2001 07:42:56 AM
Good idea contacting local police. Probably another strike against me is..she lives in Portland Oregon. Big city. How much will police do? My guess is the police have more important things to handle. I will mention it in my email to her regardless.
posted on June 5, 2001 07:45:37 AM
I'm a personal fan of the following...mostly because I wrote it, and it worked I actually whipped it up after my wife got ripped off on an auction...so you may see "she" and "her" in a couple of places...that's why.
[Seller],
I am hoping to stem this off before it gets ugly...and trust me, it WILL get ugly for you.
[Person] [I] won an auction from you for [item] on [date], and paid for it immediately via [payment method]. To date, she has not received said [item], nor has she received any communications from you on the matter. Personally, I find this completely abhorrent and unacceptable.
The URL is [eBay URL] with the item # being [item #], and a description of [description].
Full details of the transaction are at the bottom of this email. [note: if sending a physical letter, attach a copy of your endorsed and processed check. If emailing, scan it and attach it] In order to avoid the above-mentioned ugliness, I will give you until [one week from today] to do one of the following two things:
1) Provide a full refund in the amount of [amount].
2) Email me with a full verifiable shipping tracking number from an overnight delivery service that will be delivering [item] to her no later than [one day prior to your deadline]. This problem is of your own creation, and so you're responsible for meeting the overnight delivery requirement on your own.
Failure to do either of those two things will result in:
- A chargeback being issued for the full purchase amount, including shipping. [unfortunately not applicable in your case, since you paid by check]
- A formal registered complaint with PayPal, which we have been told will fully freeze your account from being accessed by you or any other parties - you will not be able to receive payments, make payments or withdraw funds from your account until this matter has been settled to OUR satisfaction. [also not applicable in your case]
- A formal registered complaint with eBay along with a negative feedback. It's quite easily noticed that you've had a number of negative feedbacks in the past month. We should be able to get your account suspended easily.
- A formal registered complaint with SquareTrade.com, so that your name, address, and other information are placed on file with them.
- A formal, registered complaint with the Better Business Bureau of [seller's city and state]
- A formal, registered complaint for criminal fraud will the police department of [seller's city and state] as well as copying the complaint to the Federal Bureau of Investigations, as this is an inter-state matter, which therefore falls into their jurisdiction, which makes the charge of fraud not a misdemeanor, but a Federal felony.
[seller], I truly have no real desire to follow through on the above actions. I don't really want to spend the time, effort, and energy required to do so...but I will. I've dealt with this sort of situation before, and believe in making sure that not only are personal situations handled to the fullest extent possible by both offline and online methods, including those through legal channels. Please do not assume that this is a joke, or that I'm not completely serious about this.
Again, your deadline to provide either the refund or the trackable shipping number (via UPS, Federal Express, or USPS Expedited with tracking number) is [deadline date]. I would strongly suggest that you copy me on any communications sent on this matter, or simply reply to me directly, as it will be me taking the necessary steps on the above actions rather than her.
I hope that you take the correct course of action, and that this situation is resolved by that time.
posted on June 5, 2001 09:06:31 AM
Filing usps mail fraud-
no matter how small or large the amount is,usps fraud investigation unit goes to work for you.
they will send copies to your seller's local police & local chamber of commerce .
local police in turn sends out a letter with usps copy attached to your dealer.
now,when filing with usps fraud invenstigation unit,you will need to fill out their form and attached necessary documents-usps receipt,letters of correspondance,sales receipt etc,describe your case clear and to the point,it will help the usps personnel assigned to your case to understand what your gripe is.
FTC also looks into mail fraud,there is also internet fraud investigation unit.
It sounds like your seller does not have the merchandise,what he should do is issue you a refund before the local police gets involved.
posted on June 5, 2001 09:47:17 AM
hwahwahwahwa, question please. Have you personally filed a mail fraud complaint with USPS? I have and the outcome was much different than you stated.
A copy did not go to the chamber of commerce or his police department or sheriff or whatever law enforcement agency.
I had to send a certified return receipt requested letter to the seller and attach proof of that to the fraud form as well as a copy of the completed auction, a copy of my cancelled check and copies of any correspondence we had, including dates of phone calls.
After 6 months of waiting to hear, I received a form letter that said, "thank you - blah blah - we will keep this matter under advisement. If the person repeats this offense at least 3 more times in the next 6 months, we will contact him. Please keep in mind that we cannot do anything if this offense is not repeated." With that they sent me a copy of someone else's claim! I sent everything back to them and have never heard again. That was 2-1/2 years ago!
I did call his local police who said he had moved and they couldn't do anything about it anyway.
I had my local police investigator call and she got the same answer.
The FBI site has an internet fraud investigation division.
igetbargains, how was her feedback prior to this? Call her again and tell her you have no yet received your item and would like, at this point, a full refund. Follow up with a certified letter stating the same. Give her the auction #, the date it closed, description, check #, date it was endorsed and cashed by her, and the gist of your previous conversation. It's way too long. Then go leave her appropriate feedback so no one else gets scammed.
posted on June 5, 2001 05:32:51 PM
Seriously-you guys must be idiots. None of that stuff is effective for such a small amount. Call her again, be nice, and ask VERY nicely for your item. She expects you to be bellicose. Don't be.
posted on June 5, 2001 07:46:26 PM
MrsSantaClaus
posted on June 5, 2001 12:42:16 PM
--------------------------------------------------------------------------------
That letter is wonderful! Please change that one week to 10 days to make it legal
I actually whipped it up after my wife got ripped off on an auction...so you may see "she" and "her" in a couple of places...that's why.