sn0bbish
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posted on June 27, 2002 11:53:26 AM
it has been some time since i won 3 auctiond from a seller who has since been suspended from ebay. couldnt get my money thru paypal because she stalled long enough to see to that. tho they did freeze her account. i filed fraud with ebay but that never got any response. the 30 days is up but i cant even get to the fraud complaint anymore because i had unregistered that username i filed under. i even asked her in an email to refund my money. she wont because she says she cant because i had her paypal frozen. i paid for insurance on these items but that i assume does me no good since i dont even think she ever took my things to the po. she gave me a tracking number that never worked. then later told me the po never scanned it when she brought my items in. ive called her po where she lives but they never help. they know her personally and always side with her. i want my money back. but i dont know what else to do!! help!
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greengate
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posted on June 27, 2002 12:46:26 PM
Hopefully the amount involved is not too much, but I'm sure it is annoying no matter what the cost.
I would recommend this. Plan your actions: In a letter to her tell her you will File a complaint with the Post Office for mail fraud if you do not have your money returned in 7 days. Wait for a response. No response = Write a letter stating you will file a complaint with the Attorney General of her state, they usually have a consumer complaint office, find out what that office is. Wait for a response. Under most state law you need to present a letter in writing to her (send certified) state your issues and what you want refunded and give her a reasonable deadline to comply to the request. One you have exhausted this collection technique (about three months) you can file a claim in small claims court. You acted in good faith and she did not resolve the problem. That generally intimidates enough that they will want to get you off their back.
Keep all correspondence simple, unemotional and remember a judge may someday be reading your letter. Stay cool but firm.
Unfortunely their are people out there that don't live up to their commitments and we have to force the issue a bit.
My philosophy is give them a chance keeping in mind that "the squeaky wheel generally gets oiled".
Good luck, don't let this person get you down and remember knowledge is Power.
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slabholder
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posted on June 27, 2002 12:47:59 PM
File a theft report, contact the sellers local police department and D.A. regarding this matter.
You must be persistent and follow-up your case with them - By calling and writing them frequently!
Eventually they will send out a detective to the field, to investigate your claim.
Regards,
Slabholder
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greengate
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posted on June 27, 2002 12:56:57 PM
Slabholder, This would fall into the catogory of mail fraud and not in the jurisdiction of a local police department. Under law they would refer you to a post office to file a complaint. This is considered mail fraud. Also given that Ebay claims they are "only a Venue" for sales this is really a matter between a seller and a buyer and that might be an issue for the Post office. Small Claims court is really the correct venue for this persons issues with the seller.
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greengate
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posted on June 27, 2002 01:00:24 PM
If you really want to muddy the waters here, there may also be some interstate transaction laws at issue. Also state sales tax issues. Yikes, who wants to have the State sales tax people after you.... :0)
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kiara
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posted on June 27, 2002 01:22:40 PM
sn0bbish, sorry to hear that this happened to you.
You may want to check out this site for some helpful info and advice for ebay users:
http://www.mindspring.com/~bookdealers/ripoff.html
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logansdad
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posted on June 27, 2002 01:24:43 PM
If you paid by credit card file a chargeback complaint with your credit card company.
Some allow you 60 days in which you can file a compliant.
"An Army of One"
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slabholder
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posted on June 27, 2002 01:25:45 PM
greengate, I had a seller from ebay whom unfortunately resorted to theft.
It worked out for me just fine, I received my money back within 2 weeks of my initial complaint, from the sellers localpolice department.
slabholder
[ edited by slabholder on Jun 27, 2002 01:26 PM ]
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sn0bbish
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posted on June 27, 2002 01:58:59 PM
thanx so much for all the advice. =D
really sad that these auctions were the 1st 3 i had ever won on ebay. really puts a damper on things.
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quickdraw29
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posted on June 27, 2002 02:12:35 PM
The postal system wasn't used so it is not mail fraud and you can't file mail fraud.
Even if you file with local police, you would have to visit the sellers state to appear in court if the seller pleads innocent. A saavy seller would know this and laugh at you. You could file with the FBI but again you would have to travel to the sellers state if you press charges.
If the dollar amount is high enough it may be worth it to you.
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