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  #1  
Old 11-29-2014
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Default Going to Sue

Seriously -

I was with eBay for over 15 years, (almost) no problems even though I knew issues existed and I was always grateful they did not hammer me.

I did, at one time, allow a friend to open an eBay account using some of my info. That account was shut down because eBay changed its policies about what could be sold. (Was selling a type of used clothing eBay later decided was not to be allowed, and shut down the account rather than asking her to remove the listings.)

Fast forward to more recent times.

I'm selling on and off over the years, mostly items I have picked up a yard sales and/or personal items I no longer want. Some old stock from a family member's business.

Also doing a lot of buying.

Came upon a drop shipping type deal where I verified all information as best as I was able. Looked and felt legit after I checked it out and

BAM --- VERO

Okay, I had no idea.

Cost me a bundle.

I stopped selling those items the moment I got the first notice and 7 day suspension.

About a month later, got a 30 day suspension for those same items, even though I had not listed any since the first suspension / notice.

I called and complained and found somebody who would listen and they lifted the suspension.

Excellent feedback all along, by the way. 100% and Power Seller until the end.

During this time frame I was selling another, high priced item. Legit item, very clear what it did and did not come with.

(Manufacturer refurbished phones, delivered direct from manufacturer, with warranty, but no accessories.)

The "No accessories" was prominent in the list, same size, bold, arrows, the entire number. This was a straight up deal.

Hitch on this -

Could only ship one per customer / address.

So I had to ask buyers for a different address at times, or cheerfully refund their money, which I did.

One buyer negged me because I could not deliver, even though he had his money back.

Two other buyers negged me because of the no accessories I offered to refund upon return of the phones even though the listing was clear.

I had to cancel quite a few sales because of those types of issues.

eBay first restricted the account because they found a tie-in with the decade "not my" account.

Then eBay cancelled me because of that, the "not as described," and the "history on the account."

Okay, fine. I knew I couldn't be free of eBay problems forever, the odds were against it.

I had two buyers who had bought and paid.

They tried to write me to get a tracking number.

Response came back, "No longer registered."

Now, if you have just spent $750 and find your seller is not registered, you're going to file a complaint, right?

Yeah, so would I.

So they did.

And I put in tracking information.

And they must have "escalated" immediately, rather than waiting.

Because eBay gave them their money back, even though the phones were on the way (in fact, one signed for theirs the same day).

So I got on the phone to eBay.

"You gave them their money back, they have the phone."
"We don't care."

Spoke with PayPal, because of course now I was negative (having paid my cost for the phone).

They sympathized, but could do nothing.

Wrote to the two buyers who have new phones for which they did not pay.

1. Return the phone or
2. Pay for the phone pursuant to our agreement or

Yeah.

I'm going to report the theft *and* sue them in small claims court.

And in the small claims action I will name eBay as a defendant as well.

Can't see not winning when I will have:

1. Proof of sale
2. Proof of delivery
3. Proof of non-payment

But what a pain in the tush.

Of course I'll be going stealth to return to selling.

I still have personal items I want to sell, fun stuff, and the like.

Plus the phones.

Wish me luck - and let me know if I sound "stupid" here, or that I am missing anything.

But please do it nicely.

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  #2  
Old 11-29-2014
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Default Re: Going to Sue

What does the tracking informations say for the items? can you not claim from the post office?
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Old 11-29-2014
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Default Re: Going to Sue

So I just read a long post that really says i want to sue two buyers who conned me>

Is your account stealth?

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Default Re: Going to Sue

Good luck, if this works out please tell us about it. Honestly, I had a VERY similair situation to you and would of liked to sue as well, but can't right now. Good luck man!
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Old 11-29-2014
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Default Re: Going to Sue

Quote:
Originally Posted by Bunneh View Post
What does the tracking informations say for the items? can you not claim from the post office?
Tracking was by FedEx - shows delivered and signed for.

Since they were delivered, I don't see being able to file a claim.
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Default Re: Going to Sue

Quote:
Originally Posted by GreenBean View Post
So I just read a long post that really says i want to sue two buyers who conned me>

Is your account stealth?

LOL! No, my account was not stealth.

All future ones will be.

Oh, and my joy will be in naming eBay as a defendant.

I can understand why somebody might like a $750 windfall this time of year - I don't sympathize with them for keeping it, but can understand it.

eBay on the other hand was "We don't care."

I will do one letter to eBay first giving them a chance to make good on the proceeds from the sales, but I don't see them sending me a check.
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Old 11-29-2014
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Default Re: Going to Sue

Quote:
Originally Posted by pikachu10 View Post
Good luck, if this works out please tell us about it. Honestly, I had a VERY similair situation to you and would of liked to sue as well, but can't right now. Good luck man!
Thanks, Pikachu!

Will definitely keep the forum posted.

I didn't mind *any* of it (well, I did, but you know what I mean) but the out and out theft by eBay.
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Old 11-29-2014
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Default Re: Going to Sue

No, no, no.

You take a different tack with this. You do not outright name ebay as a co-defendent yet.

For starters, it will be costly to engage with them. Hold off with filing court documents.

NB, I am not saying do nothing.

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Old 11-29-2014
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Default Re: Going to Sue

Suing is everybody's 'dream'.
Unfortunately doing so is a lot easier said then done.
Yes you have proof you sent them a package - but you don't have proof that you sent them the actual item. I.E. - the defense of the person youre suing would be "yes I signed for a box but it was empty so I filed a dispute with ebay - and look - ebay agreed with me and actually suspended this seller's account - proof Im in the right and this guy is actually out to con me. And Im not the only one he did this to".
Just saying - youre making it seem like a simple matter. Be prepared to the fact it might not be so simple. Especially if youre fighting someone in another state and have to travel there to file your charges.
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  #10  
Old 11-29-2014
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Default Re: Going to Sue

GreenBean - what is your alternative suggestion?

Slokor - I would be filing in small claims court. I do not have to travel. The contract was entered into here. The phone was shipped directly by Apple. There is an invoice and packing slip.

I know it is not as simple as it sounds, but it is also not all that difficult either.

I would be telling the truth.

Do you think the buyer(s) would be willing to lie?

They are the ones who would have to look themselves in the mirror.

I know I am naive, but I really hope they will write back and say a check is on the way.

Here is the letter I sent:

As you are aware, your payment for this phone was refunded to you by eBay.

As such, you should not accept delivery of the phone unless you are willing to pay for it.

You may pay for the phone directly, by sending a check to:

NAME
ADDRESS

Or by PayPal to

PAYPALEMAIL

I would prefer a check as I have already had to pay a lot of fees on this matter - in fact, if you will send me a check I can reduce the cost of the phone to $725 and you'll save $25.00. Check should be made payable to me, NAME.

If you do not want to pay for the phone you should REFUSE DELIVERY.

If you accept delivery you MUST pay for the phone.

If you keep the phone and do not pay it will be the same as theft, and I am sure you do not want to get involved in all that.

Please reply to this email and let me know what your intentions are.

Again, your tracking number is:

622904200717

https://www.fedex.com/fedextrack/WTR...s&r=g&fdx=1490

And the phone will probably be delivered to you on Friday the 28.

Then....

YOU SIGNED FOR YOUR PHONE AFTER RECEIVING THIS EMAIL.

PLEASE LET ME KNOW IF YOU PLAN ON SENDING ME A CHECK AS BELOW OR PAYING VIA PAYPAL.

WE HAD A CONTRACT WHERE I SOLD YOU A PHONE FOR $750.

YOU STILL OWE THE PAYMENT EVEN THOUGH EBAY REFUNDED YOUR MONEY.

YOU ARE NOT LEGALLY ENTITLED TO BOTH THE AND THE MONEY.

IF YOU WOULD RATHER SEND THE PHONE BACK, THE ADDRESS BELOW WILL WORK.

LET ME KNOW BY THE END OF THE WEEKEND WHAT YOU CHOOSE TO DO.

--------------

I know in part I am blowing off steam - but seriously, these individuals are going to steal $750?

They didn't intend to steal the phones when they bought and paid for them - is there no chance they will do the right thing?

As for naming eBay....

They'll have to come here to defend.

You know what that will cost them?

Me .... I'll just have to pay filing fee and schedule a court date at my convenience.

Court is not like Judge Judy - my good feedback will be just as irrelevant as the account being closed.
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Old 11-29-2014
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Default Re: Going to Sue

Op you write this like it is the buyers fault your account got screwed up. Have you ever bought an item from a seller and than got the "the person you bought this from might be a criminal, a liar, a con or all the above. Do not communicate with them or do anything they ask you to do them to do" 99 percent of the time ebay or paypal only do what is in the user agreement you agree to when you sign up. I understand frustration but you are barking at a big tree
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Old 11-29-2014
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Default Re: Going to Sue

You see this more and more in the US I am afraid.. it is called "friendly fraud", this is because of lack of morality and the people who control the FED Reserve, causes this to happen, due to inflation of living standards and deflation of the USD. This is the main cause why people are doing this kind of fraud because the costs of products are higher because the US FED printing vasts amounts of money.

Even if you went to court, they can say we cannot pay the money because we are on WELFARE, OR we have CHILDREN or some other BS excuse, they could say as slokor said is I had nothing, just an empty box, they can TWIST it against you, and you end up paying the costs and more courts costs on top of it! ~ Remember this!! And even if they admitted they have the product they can SAY they can only pay back 1.5usd/month or something, the courts in the WESTERN world are only for the criminal's. The problem is morality and this is correlated to the people who control the money supply.

"I care not what puppet is placed upon the throne of England to rule the Empire on which the sun never sets. The man who controls Britain's money supply controls the British Empire, and I control the British money supply" ~ Nathan Mayer Rothschild

Last edited by jak; 11-29-2014 at 08:18 PM.
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  #13  
Old 11-29-2014
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Default Re: Going to Sue

Overall its a sucky situation, since now you got to waste your time and effort to get your money back etc, even if you win it was a waste of time for you and inconvenienced you. But I wish you the best of luck, most likely you would win the case but overall still sucks that happened to you.
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Default Re: Going to Sue

Quote:
Originally Posted by danshan View Post
Op you write this like it is the buyers fault your account got screwed up. Have you ever bought an item from a seller and than got the "the person you bought this from might be a criminal, a liar, a con or all the above. Do not communicate with them or do anything they ask you to do them to do" 99 percent of the time ebay or paypal only do what is in the user agreement you agree to when you sign up. I understand frustration but you are barking at a big tree
Oh, I know.

And as I look at listings (I am looking for a VCR for my better half) I am not buying quickly because I do not know whether something I buy is going to work - I could simply buy and then do SNAD whether it works or not. But I won't do that to somebody.
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Old 11-29-2014
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Default Re: Going to Sue

Prepare for the worst case, you might loose your time and money but you will definitely waste some of their time and maybe teach them a lesson. In your situation I would talk to a lawyer and then decide if I had enough time, money and a chances to win I would go for it.
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Old 11-29-2014
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Default Re: Going to Sue

I find that pursuing this sort of thing is an utter waste of time and tons of negative energy...
For the amount of resources it will take to follow and pursue legal action you could make leaps and bounds more focusing on increasing transactions.

I consider this a cost of doing business. Happens every single day of the week.
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Old 11-29-2014
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Default Re: Going to Sue

An inactive member here, JSR, when ebay made one of his accounts "Unregistered" lost several thousands of dollars, actually drained every penny out of his bank account via paypal.

Ebay contacts the buyers and encourages them to open cases or opens them automatically. He had hundreds of them. From hundreds of $25.00 items to dozens of $300-$1000 items.
It is NOT your buyers fault and it sucks, and listening to someone like me say, move on, open accounts and sell product does not make it feel any better.
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Old 11-29-2014
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Default Re: Going to Sue

I really dont understand why almost everyone here is saying 'dont bother its a waste of time' when really it is a matter of principal if not about the money.
If it was YOUR money and not the OP, i am sure you wouldn't care for responses like this either.
You will end up with nothing if you just let people get away with murder.
Some things ARE worth fighting for..

You could always trying paying a lawyer to write a letter to them and it might scare them enough into paying but if it were me and i sold MULTIPLE phones for £725.. i am sure i would be doing something similar..
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Old 11-29-2014
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Default Re: Going to Sue

Principle is a dangerous fine line IMO.
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  #20  
Old 11-29-2014
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Default Re: Going to Sue

Did you have the option to intercept/re-dirct the phone back to you?
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Old 11-30-2014
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Default Re: Going to Sue

As far as I'm concered yankee is 100% correct IMO. If you guys siding with OP honestly think its simply a matter of principle than your in the wrong business. Every single business that is successful and thrives in this ever changing marketplace FACTORS in shrink. Yes they try to prevent it as much as they can, some better than others..but what OP is suggesting sounds silly to me. Yes it sucks but I have nothing else to say as yankee already said it.

I know I'm not without the money but regardless you should factor in these things if you plan on doing business in the first place.
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  #22  
Old 11-30-2014
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Default Re: Going to Sue

Its nice that some people here are in such a good financial standing that they are ok with writing off 750 dollars and 'move on'!

I had this on a smaller scale (and smaller country, uk) but I sold a very rare drum & bass record (lol) and got the transaction reversed after he received it. I obviously had his name and address so found out his number, called him up and let him know that I lived close enough so would be popping over to pick up the vinyl or the money. He soiled himself and re sent the money haha.

Not something I would recommend, it was a time when I carried myself a lot differently haha!

Last edited by Kiroshi; 11-30-2014 at 06:06 AM.
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