posted on October 16, 2000 10:15:43 AM new
“I’ve been stroked” Update
I emailed the seller, stating unemotionally that I wanted a refund, earrings were
Listed as 14kt and are actually 10kt. There is one more thing, turns out the
Backings are 14kt, but the earrings themselves are 10kt. So they are mismatched.
She did not respond.
Third day, I gave her notice I was going to take this issue to the next level; Ebay
Insurance fraud. Next, thing I noticed I’m getting an email from Square Trade.
Apparently, she took the issue there. I was unsure to respond but when ahead.
Just as I expected, she is using every trick in the book to get out of refunding me,
She claimed I sent hateful email, she claimed I did not read the description, she
Claimed I am making statements about her reputation.
Guess what, these are mismatched earrings, and after paying 100.00 I want
My money back, and you know what I think she is pulling a fast one.
How long to you give to resolve this through a mediator? When should I start
The fraud process? And I smell trouble from this lady, even if I were to send
These earrings back, I know she will claim they are damaged. The writing is
On the wall TROUBLE. She already stated that earrings are out of her hands, and she will not take responsibility once they have left her possession.
Any other words of advice to me?
posted on October 16, 2000 10:55:53 AM new
What I do know is people respond to civil attitudes. Calm, clear direct & polite emails. Not threats. The sellers feedback was not mentioned by you, nor did you mention her original auction. Did you go back and review it? Might you have missed a key word?
If the seller has the courage to contact a mediator, I assume then she must feel comfortable with her sale to you.
There are many creative ways to handle this, (other than a full 100% refund).
But both parties need to be willing to listen and above all be open minded.
posted on October 16, 2000 11:22:16 AM new
The description was deceptive, it listed
the post and backings as 14kt. Anyway,
the post is attached to the earring which
is 10kt. I feel just in asking for a refund,
on those grounds. A mistake or deception,
whatever. If technically the post was 14kt,
I probably would give up, they are not.
The things is, you can easily read the 10kt
on the earrings. So I find it very
curious that was not posted.
I don't sell people that way, and my items
are far less then $100.00.
Sounds like a load of B.S. if you ask me, and if you invlove a mediator it costs $15.00
FYI - Square Trade is "optional", no need to use that pathetic service if you don't want to.
posted on October 16, 2000 11:56:12 AM newbagelone: Okay, let's see. The seller initiated a contact at Square Trade. Are you two simply talking at their secure message board, or is there a mediator involved? (And if there is a mediator, is the seller paying the $15?)
If there is a mediator, once he/she decides that no agreement is going to be reached (could be anywhere from 2 messages to 20, I suppose), then file the fraud report and file an insurance claim. If there is no mediator, then file the report/claim as soon as you are personally convinced the seller isn't going to work with you.
Also be sure to work within the timeframes allowed for insurance/fraud claims.
posted on October 16, 2000 11:56:32 AM new
Somewhere, I don't remember where, I read that if eBay's insurance pays on a claim, the seller is NARU'd. Is this true?
Not my name on ebay.
posted on October 16, 2000 11:56:35 AM new
Yeah, I've been stroked too. More like beaten! I bought a lot of silver from an ebay seller. 2 items in the lot were seriously damaged. 7 blades were marked with some weird black marks that I didn't think would come out. Long story short, I emailed and asked to return said items. Got the OK to return then got the items back minus one thing. I was majorly pissed that this seller was scamming me. Tried to work things out but ended up filing a fraud report. Seller offers a full refund (less s&h)AFTER I file fraud report, with the proviso that I better not substitute any items! Huh? Now she's claiming I am the scammer. Nice turnaround don'tcha think. On top of that her boss (this is an auction company) starts sending me sexually suggestive emails in the middle of the night.
I wrote to safeharbor, forwarded the emails, and they said they couldn't do anything about this loser unless he threatened bodily harm but to not deal with the seller just deal with Lloyd's. So I put this in neg feedback for this witch. Next thing I know I get a reprimand from safeharbor for stating the facts (which they told me to do). Can you imagine.
The right hand doesn't know what the left hand is doing.
posted on October 16, 2000 12:11:56 PM newValleyGirl: I don't think it's automatic that the seller is NARU if eBay pays out an insurance claim, but that is probably what happens the vast majority of the time.
dejavu: I'm probably missing something in your message, but you said eBay told you to deal with Lloyds, not the seller. Then you left feedback for the seller that was (vulgar?, mentioned fraud?) and you got a reprimand. I don't follow where leaving this feedback was specifically what eBay told you to do?
posted on October 16, 2000 12:21:48 PM new
I don't know if this will be helpful to you or not, but the Federal Trade Commission has some pretty strict guidelines about what you can and cannot say about jewelry. Here's the industry guidelines: http://www.ftc.gov/bcp/guides/jewel-gd.htm
posted on October 16, 2000 12:44:29 PM new
I left negative feedback stating that the seller uses "as is" auctions to sell undisclosed damaged items. Seller replies that I am a liar. I follow up with the fact that safeharbor told me to file a fraud report with Lloyd's and not deal with the seller.
I get a warning for mentioning the fact that I filed a fraud report.
posted on October 16, 2000 01:15:58 PM new
Thank you for the supportive feedback. I am going to look at all of site postings.
I am ebayer with as of today 100+ actually 150! Positive feedback. I know I’m not alone is this type of dealings, but I feel I like I’m the one defending my request for a refund. Why isn’t she explaining these are 10kt with 14kt backings? I working hard
Repeating the same crap over and over, while she is tap dancing around!
Square Trade: I am no the one who initiated this, there seems to be a mediator
Assigned to us, but so far no intervention from him. I went along because
Ebay pushes you to do all sorts of resolution before, filing the claim. I thought
This good faith effort was what I should do. It does seem like BS, because the
Seller is going down swinging. If she thinks asking for a refund is hate mail?
What is up with that? I know she will never accept these earrings again, believe
Me all you jewelry lovers would laugh like crazy to think I paid soo much for
Them.
Dejau: that is a nightmare plain and simple!Oh Yes , I love the turnaround, when all of a sudden you are the villain. Amazing isn’t it? How people lie, wow!. That is really creepy to have the Owner of the Auction House giving sexual suggestive emails? Yuk! What a bunch of weirdo’s.
posted on October 16, 2000 08:04:53 PM new
I just wanted to let you know that it IS possible to have a 10KT mounting on the earring with a 14KT post and backing. I have several pairs. The reasoning is, 10KT is sturdier for securing the stones, less costly thus keeping the cost down, but some people have a reaction to less than 14KT so they put 14kt post and clutches on them.
IMHO she should have clearly stated the mounting was 10KT and the post/backing was 14KT. I personally would consider it misleading/misrepresented.
She obviously feels she is in the "right" because she stated the POST and BACKINGS ARE 14KT. I suspect she will lose the argument if you persue it.
posted on October 16, 2000 08:25:14 PM new
First of all, if the auction description was misleading, you have a case.
If you haven't sent threatening email, don't worry about the seller stating that you did. The seller has to prove it, and if you haven't the seller has no proof.
This is what I would recommend:
Keep your posts, and emails emotionless, with no attacks. Keep to the facts. "The description stated xxxxxx but I received yyyyy. I asked for a refund but the seller refused.
I sent an email to a seller that if I didn't receive the correct item or a refund in xxx days, I would file fraud charges with safeharbor and with the Internet Fraud Complaint Center, at www.ifccfbi.gov which is operated by the FBI.
I also stated that fraud charges may be filed in Hometown, USA (sellers location) if the matter was not resolved.
I have found that by stating this and giving the seller the web addy of the IFCC tells the seller that I mean business.
I did this for an auction that I paid $16.00 on. To my delight, I received my items in no time flat.
The threat of safeharbor seems to do nothing for a lot of sellers. The threat of Fraud charges with the IFCC seems to affect sellers in a whole different way. The FBI takes internet fraud seriously.
I don't know of any seller who would enjoy fines, jail time, or getting a criminal record over an auction dispute.
Save all of your emails, and the emails from the seller. This is considered evidence by the IFCC.
I sell on ebay, and have noticed that some sellers hide behind the vale of a computer screen to avoid responsibility of their auctions. They also count on the distance between themselves and the bidder to protect them.
The IFCC makes it easy for bidders who have been ripped off to get a chance to get their money back.
