posted on September 15, 2003 12:53:21 PM new
I'd greatly appreciate advice/help from anyone who has any knowledge or knows of someone that does in the area of online fraud.
About a year ago I did a fairly sizable ebay transaction for some inventory I purchased for resale. Normally this seller sells items individually and not in resale lots, but he was looking to reduce some inventory, and it turned out to be a good deal for me.
A few months ago I sent an email asking if he could get his hands on some more inventory for me. I gave a list of exactly what types of inventory I was looking for and asked if he could acquire that much and at what price. He stated that would be no problem, and after a few more e-mails we worked out a deal.
Since that time this deal has been a nightmare. Several times I was told the lot would ship on 'x' day only to find out it wasn't. Then the first shipment was only for 1/2 the stuff, and the 'stuff' was far, far, far from what I asked for and what was quoted. I was told the 2nd half would be very good stuff and that if I was still not happy he would work with me. However, he also told me that he shipped items on 9/03, and in reality they were shipped on 9/08. When I asked why he told me that, he stated he just drops stuff off at the PO and they ship it as they have time throughout the day (or within 5 days in this case). That didn't make me feel real comfortable about the outcome of this transaction. Sure enough the rest arrived today and it's no better than the first - actually it's poorer quality. Without going through the entire lot in detail, my guess is its value is 50% or less of what I was quoted, and a good share of it is junk that we never even discussed as part of the deal.
With as defensive as this person got when I questioned the shipping issue, I do not see this issue being resolved nor do I see him willing to give me a refund, although I am going to try for either an exchange or refund. To me this is a clear case of fraud but one that would be difficult to prove. Can anyone steer me in the right direction as to where I can go with this from here?
posted on September 15, 2003 01:01:55 PM new
if the amount is within small claims court limits, I would go that way. you will have to be able to prove that what you received was not what you ordered.
that way you have a legal lien against the seller, you can even garnish wages to collect then.
posted on September 15, 2003 01:06:00 PM new
How did you pay? I hope by credit card. If so, pack it all up and return it to him insured and with a signature required. Then take the proof of mailing, make a copy and send it to your CC company asking for a chargeback for "not as described". As further proof, include copies of the e-mails (with headers on) where he admits to the goods not being of the quality you agreed to. You should have no problem getting a refund.
Any other form of payment and you are pretty much screwed. Some banks will let you stop payment on a check up to 90 days after it clears. But that is a real hassle and potentially leaves you open to theft charges. You might want to chat with a lawyer.
posted on September 15, 2003 01:29:38 PM new
this is a problem buying from individual,if you have been on ebay long enough,most sellers do not have a brick and mortar business.they sell whatever they can find,once it is sold,it is hard for them to replicate the same merchandise.most are remnants,remainders,or auctions of store items from business which have gone under.
it is not like ordering from a reputable wholesaler or manufacturer.
it will be a waste of time taking him to court,you paid and received your goods,quality is an issue hard to argue when you buy from individuals.
hindsight said-since you have bot from him before and has a good experience,may be the second time round,you should be able to examine the merchandise before you pay.if this is a feasible solution-on site inspection,either by you or someone whom you can appoint to do so.
i doubt you paid with credit card,if you do,do a chargeback and give him a hard time.
may i ask how much money is involved and what type of merchandise??
-sig file -------The thrill is gone!!
posted on September 15, 2003 02:58:13 PM new
12k sports memorabilia!!!!!!!!
you may need to contact local chamber of commerce,get a lawyer and play hardball with him.
make him come up with better merchandise or give you a partial refund.
posted on September 15, 2003 04:33:09 PM new
You didn't say how you paid him. I hope you used your credit card and if you did do what Jensmome said.
How far away does this person live from you? Maybe it's time you took a vacation but on the way buy things to put on eBay so you can take this vacation off your taxes.
posted on September 15, 2003 04:35:59 PM new
$12K is way out of the league of small claims. You need to talk to your attorney. hopefully, with that amount of money, you have a written contract that states something regarding quality, returns, etc.
posted on September 15, 2003 05:13:58 PM new
get real.
i bet you anything this is not a credit card transaction and there is no contract,remember,they found each other on EBAY!!!!!!!!!!!!!!!!!!
-sig file -------The thrill is gone!!
posted on September 15, 2003 05:39:06 PM new
I would work on getting a partial refund.it sounds like the seller does not really have the merchandise the buyer is looking for,but 12k is very tempting .
try to recover as much as possible.
posted on September 16, 2003 06:03:16 AM new
not trying to teach people how to be crook,but a real case here and it was not too long ago -
someone ordered from someone online(an online shop) and paid with a company check.
received the goods and then told his bank someone forged that check and his bank got his money back.
