Ripped Off and mad!!! - XDTalk Forums - Your HS2000/SA-XD Information Source!

N A Rush · 07-08-2005, 05:34 PM

I was hoping I might get some help and a fresh set of eyes on the subject. I was thinking of posting this in the General Non- or LEO Talk but I thought this would give it the widest viewing so I apologize to anyone that is offended. The perpetrator may even be a member, which would sadden me as I have learn so much from reading and asking a few questions.

Recently I purchased 3 XD-40 magazines in a Dutch auction on eBay. Here is the link, http://cgi.ebay.com/ws/eBayISAPI.dll...MEWN%3AIT&rd=1
I made payment same day as auction end and made contact with seller. Seller was to send out via USPS. Than I never received the magazines. When I email the seller he stated that it must be lost in the mail and he would contact USPS. A few days later I get an email that states he filed a claim but it would take 4-6 weeks. Next week marks the 2 month point on the auction end. It was shipped Priority mail with a tracking number.

I recently had the privilege of speaking with our local Postmaster regarding this very same matter. He told me that a Form PS 1510 must be completed by the sender and then forwarded to the receiver. It has been weeks now I still have not received the form. The Postmaster stated I couldn’t start the process. The sender will need to be the one to start the process. Since the item has a tracking number he said it is very rare that they go missing lost mail form gets completed. He said many times the seller request shipping thereby getting a tracking number, which looks like the item has been shipped but never drops it off at a post office for shipping. Now looking at eBay and USPS websites both confirm this. He advised me to contact my Credit Card company.

When I contacted my bank that issued my credit card. They put in touch with the fraud department. The fraud department told me that I could file a fraud claim with them. Once the claim was complete they would remove the funds from the payee account and place it in an escrow type account while the investigation was conducted at least 30 days. Once the investigation was complete and all data received a decision would be made. If fraud was found to exist then the funds would be returned to the payer accounts.

I filed a criminal complaint today also because when I looked at his eBay feedback it looks like he put the same 3 magazines up for auction the very same day. This time the buyer only wanted 1 but he failed to deliver even that. The link for that auction is: http://cgi.ebay.com/ws/eBayISAPI.dll...tem=7157876926
His feedback was all good until this point, http://feedback.ebay.com/ws/eBayISAP...=STRK:MEWN:SFS

The investigating officer said there wasn’t really anything that she could do. This is where I fail to she her logic. I realize she may have more important cases and this is only $87 but is seems pretty straight forward to me. How much evidence do I need to provide?

What else do I need to do or can I do? PayPal said No Deal older than 45 days, no help there! Ebay is currently investigating but I don’t think they can or will do much. I have filed the Criminal complaint with my local PD and will be following that up maybe once a week? I have started the Credit Card fraud complaint with my bank. Part 1 was started and part 2 will be completed on Monday. I guess I can go postal fraud route also.

Is there anything else that I maybe be missing?
Thanks in advance!

mst3kguy · 07-08-2005, 06:28 PM

did you send an email to the seller reminding him that mail fraud is a federal crime?

did you get seller's contact info through ebay? was there a telephone number? was there an address?

i quickly scanned your post, i apologize if i missed your doing any of the above.

one-eyed-fatman · 07-08-2005, 06:39 PM

Sounds like your doing as much as you can. Your dealing in red tape crap now. About the only other thing you can do is pay a lawyer 40,000 to get your 86 bucks back.

WARHEAD'Z · 07-08-2005, 07:50 PM

I too have had a similar experience on E-Bay. However mine involved a mag rim with would have replaced one on my car that was slightly bent. This doesn't mean that E-Bay is bad. I just know to only buy from reputable sellers in the future and to only pay using PayPal.

I was not reimbursed any money because I had paid by money order (this was his only payment option), but because I complained and was able to send E-Bay several emails that I had received from him acknowledging payment, the culprit was removed from E-Bay. How did you pay for the item? If you used PayPal them you have a recourse of action with them. Contact E-bay's fraud deptartment also. They are accessable to registered members via email. You can find the web address by logging in with your screen name and clicking on the "HELP" tab.

Judging from his feedback, it looks like your seller has already had several complaints on him in the recent past. E-Bay will most likely boot him from their system if you lodge your complaint on him too.

Good luck.

N A Rush · 07-08-2005, 08:21 PM

Quote:

Originally Posted by mst3kguy

did you send an email to the seller reminding him that mail fraud is a federal crime?

did you get seller's contact info through ebay? was there a telephone number? was there an address?

i quickly scanned your post, i apologize if i missed your doing any of the above.

mst3k
Yes I did email him, in fact, the part about the Postmaster conversation in a cut and paste from that email.

Yes I have his sellers id (eBay id) and when he emailed me he provided me full name and phone # however the phone number does not cross or reverse serch to a known address. I also have a cell phone number but I am afraid any further contact would not be traced on tackable like an email, nothing like having it writing.

Eric

N A Rush · 07-08-2005, 08:29 PM

Quote:

Originally Posted by WARHEAD'Z

I too have had a similar experience on E-Bay. However mine involved a mag rim with would have replaced one on my car that was slightly bent. This doesn't mean that E-Bay is bad. I just know to only buy from reputable sellers in the future and to only pay using PayPal.

I was not reimbursed any money because I had paid by money order (this was his only payment option), but because I complained and was able to send E-Bay several emails that I had received from him acknowledging payment, the culprit was removed from E-Bay. How did you pay for the item? If you used PayPal them you have a recourse of action with them. Contact E-bay's fraud deptartment also. Theyare accessable byregitered members via email. You can find the web address by logging in with your screen name and clicking on the "HELP" tab.

Judging from his feedback, it looks like your seller has already had several complaints on him in the recent past. E-Bay will most likely boot him from their system if you lodge your complaint on him too.

Good luck.

Warheadz,
Thanks for the input. However in my case, PayPal said No Deal older than 45 days, no help there! EBay is currently investigating.

My other concern is whats to stop him from opening another account with another email address when/if eBay shuts him down.

Eric

one-eyed-fatman · 07-08-2005, 08:55 PM

Quote:

Originally Posted by N A Rush

Quote:

Originally Posted by WARHEAD'Z

I too have had a similar experience on E-Bay. However mine involved a mag rim with would have replaced one on my car that was slightly bent. This doesn't mean that E-Bay is bad. I just know to only buy from reputable sellers in the future and to only pay using PayPal.

I was not reimbursed any money because I had paid by money order (this was his only payment option), but because I complained and was able to send E-Bay several emails that I had received from him acknowledging payment, the culprit was removed from E-Bay. How did you pay for the item? If you used PayPal them you have a recourse of action with them. Contact E-bay's fraud deptartment also. Theyare accessable byregitered members via email. You can find the web address by logging in with your screen name and clicking on the "HELP" tab.

Judging from his feedback, it looks like your seller has already had several complaints on him in the recent past. E-Bay will most likely boot him from their system if you lodge your complaint on him too.

Good luck.

Warheadz,
Thanks for the input. However in my case, PayPal said No Deal older than 45 days, no help there! EBay is currently investigating.

My other concern is whats to stop him from opening another account with another email address when/if eBay shuts him down.

Eric

The answer to your question is nothing. We don't hear about most of the ripoffs that happen on ebay. As long as people keep feeding the machine (ebay) the ripoffs will continue. It's just another day in the life of big business. They survive, you get ripped off and everything is great and wonderful. Of course if big business gets ripped off that's when you hear a lot of whining and crying.

N A Rush · 07-08-2005, 09:09 PM

Quote:

Originally Posted by one-eyed-fatman

The answer to your question is nothing. We don't hear about most of the ripoffs that happen on ebay. As long as people keep feeding the machine (ebay) the ripoffs will continue. It's just another day in the life of big business. They survive, you get ripped off and everything is great and wonderful. Of course if big business gets ripped off that's when you hear a lot of whining and crying.

I belive you maybe correct on this point!

The seller lives in Orange County, CA and guess where I will be in 3 week to follow up on this issue. I have even contacted the other buyer he ripped off and he is onboard to support me but doesnt want to go as as far I have and make a criminal compliant. He is only out $27.

one-eyed-fatman · 07-08-2005, 09:26 PM

Quote:

Originally Posted by N A Rush

Quote:

Originally Posted by one-eyed-fatman

The answer to your question is nothing. We don't hear about most of the ripoffs that happen on ebay. As long as people keep feeding the machine (ebay) the ripoffs will continue. It's just another day in the life of big business. They survive, you get ripped off and everything is great and wonderful. Of course if big business gets ripped off that's when you hear a lot of whining and crying.

I belive you maybe correct on this point!

The seller lives in Orange County, CA and guess where I will be in 3 week to follow up on this issue. I have even contacted the other buyer he ripped off and he is onboard to support me but doesnt want to go as as far I have and make a criminal compliant. He is only out $27.

I wish you the best of luck.

jkswiss · 07-08-2005, 09:51 PM

Hehe, welcome to the club.
My friend and I saw this auction on ebay for 2 60GB apple ipods.
We ended up paying $760.00 for the two of them. That's still better than retail by a bit. We split the tab and got money orders for them about 2 months ago.
Guess what, still no Ipod.

I'll never buy from a person that doesn't accept paypal again. It was an expensive lesson to learn. The guy had good reviews so I didn't think I'd get scammed. Won't answer my emails and the phone # is bogus.

07-08-2005, 05:34 PM	#1
N A Rush XDTalk Member Join Date: May 2005 Location: GA Posts: 69	Ripped Off and mad!!! I was hoping I might get some help and a fresh set of eyes on the subject. I was thinking of posting this in the General Non- or LEO Talk but I thought this would give it the widest viewing so I apologize to anyone that is offended. The perpetrator may even be a member, which would sadden me as I have learn so much from reading and asking a few questions. Recently I purchased 3 XD-40 magazines in a Dutch auction on eBay. Here is the link, http://cgi.ebay.com/ws/eBayISAPI.dll...MEWN%3AIT&rd=1 I made payment same day as auction end and made contact with seller. Seller was to send out via USPS. Than I never received the magazines. When I email the seller he stated that it must be lost in the mail and he would contact USPS. A few days later I get an email that states he filed a claim but it would take 4-6 weeks. Next week marks the 2 month point on the auction end. It was shipped Priority mail with a tracking number. I recently had the privilege of speaking with our local Postmaster regarding this very same matter. He told me that a Form PS 1510 must be completed by the sender and then forwarded to the receiver. It has been weeks now I still have not received the form. The Postmaster stated I couldn’t start the process. The sender will need to be the one to start the process. Since the item has a tracking number he said it is very rare that they go missing lost mail form gets completed. He said many times the seller request shipping thereby getting a tracking number, which looks like the item has been shipped but never drops it off at a post office for shipping. Now looking at eBay and USPS websites both confirm this. He advised me to contact my Credit Card company. When I contacted my bank that issued my credit card. They put in touch with the fraud department. The fraud department told me that I could file a fraud claim with them. Once the claim was complete they would remove the funds from the payee account and place it in an escrow type account while the investigation was conducted at least 30 days. Once the investigation was complete and all data received a decision would be made. If fraud was found to exist then the funds would be returned to the payer accounts. I filed a criminal complaint today also because when I looked at his eBay feedback it looks like he put the same 3 magazines up for auction the very same day. This time the buyer only wanted 1 but he failed to deliver even that. The link for that auction is: http://cgi.ebay.com/ws/eBayISAPI.dll...tem=7157876926 His feedback was all good until this point, http://feedback.ebay.com/ws/eBayISAP...=STRK:MEWN:SFS The investigating officer said there wasn’t really anything that she could do. This is where I fail to she her logic. I realize she may have more important cases and this is only $87 but is seems pretty straight forward to me. How much evidence do I need to provide? What else do I need to do or can I do? PayPal said No Deal older than 45 days, no help there! Ebay is currently investigating but I don’t think they can or will do much. I have filed the Criminal complaint with my local PD and will be following that up maybe once a week? I have started the Credit Card fraud complaint with my bank. Part 1 was started and part 2 will be completed on Monday. I guess I can go postal fraud route also. Is there anything else that I maybe be missing? Thanks in advance!

07-08-2005, 06:39 PM	#3
one-eyed-fatman XDTalk 10K Member Join Date: Mar 2004 Posts: 10,203	Sounds like your doing as much as you can. Your dealing in red tape crap now. About the only other thing you can do is pay a lawyer 40,000 to get your 86 bucks back. __________________ corporate America's logo: If at first you don't succeed lower your standards and beg the government for bailout money. Our governments bought and sold by corporate America like pigs going to market. I'm waking up at the start of the end of the world. http://home.houston.rr.com/gunpics/images/one%20eye.wav

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07-08-2005, 06:28 PM	#2
mst3kguy XDTalk 100 Member Join Date: Feb 2004 Posts: 375	did you send an email to the seller reminding him that mail fraud is a federal crime? did you get seller's contact info through ebay? was there a telephone number? was there an address? i quickly scanned your post, i apologize if i missed your doing any of the above.

07-08-2005, 07:50 PM	#4
WARHEAD'Z XDTalk 500 Member Join Date: Apr 2005 Posts: 596	I too have had a similar experience on E-Bay. However mine involved a mag rim with would have replaced one on my car that was slightly bent. This doesn't mean that E-Bay is bad. I just know to only buy from reputable sellers in the future and to only pay using PayPal. I was not reimbursed any money because I had paid by money order (this was his only payment option), but because I complained and was able to send E-Bay several emails that I had received from him acknowledging payment, the culprit was removed from E-Bay. How did you pay for the item? If you used PayPal them you have a recourse of action with them. Contact E-bay's fraud deptartment also. They are accessable to registered members via email. You can find the web address by logging in with your screen name and clicking on the "HELP" tab. Judging from his feedback, it looks like your seller has already had several complaints on him in the recent past. E-Bay will most likely boot him from their system if you lodge your complaint on him too. Good luck.

07-08-2005, 09:51 PM	#10
jkswiss XDTalk 1K Member Join Date: Dec 2004 Posts: 1,085	Hehe, welcome to the club. My friend and I saw this auction on ebay for 2 60GB apple ipods. We ended up paying $760.00 for the two of them. That's still better than retail by a bit. We split the tab and got money orders for them about 2 months ago. Guess what, still no Ipod. I'll never buy from a person that doesn't accept paypal again. It was an expensive lesson to learn. The guy had good reviews so I didn't think I'd get scammed. Won't answer my emails and the phone # is bogus.