Get ripped off on ebay

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chichi

Senior member
Jan 13, 2001
247
0
0
I need your ideas how to deal with a slug.
I got ripped off by a guy on ebay. Paid $810 ($210 via paypal and the rest via money order). The item I received is far away from his description (different brand and different specification.) That slug keeps saying that he would refund me and take that item back. However, it never happens. It's been around two months since I won the auction.

I am thinking about starting a lawsuit against him. If there is better way, I would like to try something else, get back my money and keep myself away from all those troubles.

If you guys agree at starting a lawsuit, may you refer me some links where I can find related information like how much I can ask for my loss besides the money I paid.

Thank you,

chichi
 
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gittyup

Diamond Member
Nov 7, 2000
5,036
0
0
You have to weigh the price of the item that you are out vs. legal fees. I am not really sure you have a whole lot of options here.
 
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viewton

Senior member
Jun 11, 2001
811
0
0
try calling into one of those tv court shows. i was flipping through the channels the other day, and there was a case regarding ebay. plus you get paid to be on tv i believe. unless this is a swedish pen1s pump you bought, go for it!
 
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MrBond

Diamond Member
Feb 5, 2000
9,911
0
76
We need more info to really help, you're being kind of vague. Do you have a link to the item you bought?
 
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snakesnfrogs

Banned
Mar 1, 2001
3,411
0
0
If you paid with a Postal money order, he has committed mail fraud. Always, always, always use Postal money orders.
 
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chichi

Senior member
Jan 13, 2001
247
0
0
Yes. The link is

ebay item

It was claimed to be a 3-month-old Mitsubishi 2040U but I got a gateway vx1120, which was an oem of 2020u from Mitsubishi. It is a shame that guy even worked for Gateway's country store. I am thinking about getting him involved in the lawsuit and make him lose his job in that country store.
 
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ChrichtonsGirl

Platinum Member
Aug 24, 2000
2,454
1
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I wonder why the guy's not a registered user anymore.

I'm not sure if you can use eBay's buyer protection services if he isn't a registered user anymore, but you can always take him to small claims court (minimal filing fee). Sometimes the threat alone works. :D But you have to be prepared to follow through on it, so gather up all the paperwork from the auction, including printing out the auction page.

 
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chichi

Senior member
Jan 13, 2001
247
0
0
It was hard to find a 2040u on the street then. It was replaced by 2060u. However, I need a monitor with BNC inputs.
 
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chichi

Senior member
Jan 13, 2001
247
0
0
Yes. I have all the documents ready and think about going to the small claim court again. (I sued my landlady one year ago and won the money back.)

I did tell that guy I could get him involved in the lawsuit and make him pay me more. That is why he promised to send me money back again and again. I gave him 2 months but lost my patience and trust on him any more. He turned to an unregistered ebayer about one week ago.

I verified his phone number and address and I think he still lives with his family and tried to hide this from his family member. The only problem for me to file the complaint is that I am a full-time worker here and probably have no time to go to the court since he lives in another state.
 
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perry

Diamond Member
Apr 7, 2000
4,018
1
0
Sure, file a lawsuit against him. Since it's a relatively small amount you should be able to do it in small claims/magistrate's court and represent yourself. Filing charges vary by state (you may have to pay to have the papers served by the sheriff, etc), but give the court house a call. Maybe the summons will light a fire under his arse and get your money back.

Make sure you keep screen shots and an actual print out of the auction before it gets deleted off of eBay, as well as any other info you have.

Maybe one of the lawyers around here can tell you where you need to file the lawsuit, like which state... I have no idea.
 
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chichi

Senior member
Jan 13, 2001
247
0
0
Thank you, Perry and all those who provided me information.

I do need some information about which state I can file the complaint and how much I can claim as my loss in addition to the money he needs to return me. I have all the documents printed and ready, including all those emails from him, promising he would send me the money back shortly. I regreted that I spent so much to deal with him. My colleague told me that guy is a slug and said I should always keep myself from the slug.

 
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d33pt

Diamond Member
Jan 12, 2001
5,654
1
81
ya know..if the monitor works good and if it is indeed built around mitsubishi diamontron 22" CRT, you have a top of the line monitor. just cut your losses and move on.
 
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CinderElmo

Senior member
Jun 23, 2000
732
0
0
Did you try to talk to Ebay about this? Buyers have rights and they should have worked with you since you obviously got something different. That is where I would start.

If you already did then you may be in trouble. If you can live with the monitor you might try to negotiate with the guy and tell him if he refunds *some* of your money you won't take him to court over this...and provide details of your purchase that says what you THOUGHT you were paying for (according to his listing) and then have a picture of what he sent you (with shipping papers scanned for evidence). If you are in the right he may just want to avoid trouble and will take paying back some money rather than go to court.

Just a thought.
 
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chichi

Senior member
Jan 13, 2001
247
0
0
Well, actually, in the past two months, I tried resolving this problem with the other party. I tried showing him the evidence those two monitors are totally different and I am not able to live with it because I need the BNC connectors. I also told him what kind of troubles he may have if he and I need to go to the court.

However, everytime I pushed him, all I could get is the same reply that he promised the money would be sent to me the next day. Again and again. I spent a lot on the long distance phone bill and time to write the emails to tell him those.

I have reported this to ebay. Ebay really cannot do anything to protect consumers. They just reply you an email with automatically generated content and then ask you for your feedback about this lousy service. That is my experience.

 
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Bozo Galora

Diamond Member
Oct 28, 1999
7,271
0
0

interstate you don't have a prayer
mention ebay to post office and they laugh at you
on ebay, youre naked, deal with it
i just sent $140 Bank Check to Hong Kong for ebay item!!!
Its all a gamble, and i realise this
overall i'm still way ahead.
 
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RossGr

Diamond Member
Jan 11, 2000
3,383
1
0
7 feedback and 1 of them a neutral. All from PURCHASEs, yours was his 1st and last seller auction. YOu sent $800.00 to someone with NO track record. Sorry, that is what feedback is all about. If you want to give a new seller a chance do it with a small item not a big buck one. Good luck, I hope you get this straightened out, don't hold your breath.
 
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chichi

Senior member
Jan 13, 2001
247
0
0
Yes. I didn't pay attention to the feedback much. That is my fault. :(
BTW, in case that you don't know, in the small claims court, you can get your legal fees back from the other party if you finally win the lawsuit. That is what I learnt from my previous case. In my opinion, $810 is not much, but if I give it up, that guy might do it again on somebody else.
 
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Conradical

Junior Member
Dec 28, 2000
9
0
0
i am curious as to why its so important to have a monitor with the bnc connectors on it ?
i have a 21" Gateway monitor made my mitsubishi with both bnc and the standard vga and quite frankly i prefer the vga port. wanna buy mine ? LOL... before you answer that... maybe you should know.. i also work for Gateway :)
 
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