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YABT: Ebay jerk buys computer, receives it, tells me 30 days later its damaged

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The post office sucks at this kind of thing. I bought a set of folding mirrors from a serviceman in okinawa. They had great feedback and had pictures of all angles of the item...it was in mint condition. I asked if the pictures were of the actual item I would recieve.

Anyway I get them. First off they are packed with no packing material in oil soaked boxes edge to edge. They looked nothing like what I was shown. I contact the guy/girl and am told blah blah blah their father had died and they had someone else handling the 'business'. They must have shipped me the wrong one and shipped mine to someone else. (now I am thinking the crap I recieved no one would buy). The biggest problem was by the time I got the mirrors and he responded 30 days was up. They originally asked since they provided tracking if I would give them positive feedback. They has some story that once I leave positive their feedback monitor would automatically positive me. 😕

He told me give him some time to find new mirrors, maybe 'next month or two'. I told him to refund the money....paypal got involved and said as long as they recieved the item back I would be credited.

Anyway USPS lost the package. According to their tracking it showed it never left the main branch I dropped it off at (counter service)...Paypal says I had to go through them. I go through USPS and since it was international it takes up to 45 days or so. On day 45 they reported 4 days after I shipped it, it was signed for on base. At this time paypal told me it was closed. USPS said they can't honor the claim because the package was delivered and my CC stated that since no proof that I shipped it back they couldn't help either (the post office still never updated the tracking info)...a few days later the package was no longer in the database.

I was out $150 + $20 in shipping. The seller had the money and the package.
 
Originally posted by: DrPizza
1. USPS fraud??? That's a complete joke. If purchasing items with USPS money orders meant that type of buyer protection, I'd cash my paycheck at the post office.

2. So, he purchased it on ebay - just to have on hand while he attempted to find a 3rd party to purchase it yielding a profit for him??? You'd be stupid to believe that part of his story. Now, if he had a purchase history of 100's of computer items, then maybe he has a shop. But come on, who, on their 3rd ebay purchase is purchasing something with the intention of reselling it locally? Shens on his story.

3. His, "I trusted you after all that positive feedback" story - I don't care how trustworthy a regular store is, they're going to tell you to go pound sand if you bring back an item more than 30 days later with a slight scratch on it.

I wouldn't just ignore him, but I'd let him know that you're not intimidated by his scare tactics. If you really are concerned about the USPS threat, go down to the local PO and ask them. Here's a bit for you:
Although the Inspection Service cannot resolve routine business disputes between companies and their customers, it can act against a company or individual if there is a pattern of activity suggesting a potential scheme to defraud.
From the USPS's mail fraud complaint form And, that's exactly what this is: a dispute. Maybe you can even email your buyer and point this out to him.

Furthermore, the correct response to this:
Lets see how much money you spend in legal fees. Thief. . . that your willing to take the legal actions that will come from the United States Post Office? I will list you on every website and online better buisness dept.
with a link to good online libel information

There... I think I have you covered. You're immune from attack by the USPS, it's just a bluff on his part. And, you can threaten a lawsuit over libel in the event he defames you with any unprovable claim that he decides to post all over the internet.

Oh, and
5. I'm assuming you're presenting us with the truth that to the best of your knowledge, it wasn't scratched when you shipped it.


Thanks a lot for the info. :thumbsup:

I'm going to send him an email tomorrow with the conclusion I have come to, which is basically, "no way, jose."
 
Originally posted by: smack Down
Originally posted by: waggy
tell him to pound sand. its been over 30 days.

Assuming the buyer is telling the truth. This is not a matter of buyer remorse where the buyer decides for what ever reason they no longer wish to complete the sale.

The number of days has little to no barring in this issue. His claim is that the OP lied about the quality of goods. The only time frame that matters is the statue of limitations in the state/country where the sale took place. Also stating sold as is has no barring on the case unless the seller noted that there was damage to the case.

Wow - are you that guy who threatens ridiculous, class action lawsuits against just about everyone? Going to court over a $1700 Ebay item is highly unlikely.
 
Hey guys, just received an email from this jerk asking if I have come to a conclusion on what I want to do regarding this situation.

The draft of my reponse...


"Yes, in fact I have.

I just cannot believe that the computer was scratched when it shipped to you. If you had contacted me when you had received it, maybe I would better believe otherwise. But I carefully inspect systems upon receipt of them, and I did put some work into this particular system, upgrading a number of the parts.

There are other factors that make me very suspicious of this situation as well, but they are besides my above point.

I'm sorry, but no, I cannot and will not accept a return. If the scratch was there when I shipped it, and I strongly believe it was not, then maybe you will learn a lesson here, that being to inspect items upon receipt, not 30 days after the fact.

I am also unwilling to help you otherwise because of your language and threats, calling me a "thief," etc. You came at me in an extremely unprofessional manner, especially considering my reputation and Ebay feedback. I am an honest seller, and very willing to help in situations that call for it, and that is proven by the responses other customers have stated in their feedback. Perhaps you can learn a second lesson here as well.

In regards to your threats, I have spoken with my Ebay Power Seller Account Representative, the USPS, received advice from other Ebay Power Sellers, spoken with the Westminster Police Department, and of course my lawyer. Needless to say, I am not worried. I also advise you to be careful in your wording when you leave negative feedback. Any false statements included in your feedback could lead to its removal by Ebay, and could also lead to a civil lawsuit. False statements made elsewhere by you regarding this transaction may also lead to a civil lawsuit filed against you. I have a strong reputation, a good lawyer, and your e-mails and ebay messages to me regarding this transaction that she can use in court if need be. She already has copies."


What do you guys think?
 
Originally posted by: bamacre
Hey guys, just received an email from this jerk asking if I have come to a conclusion on what I want to do regarding this situation.

The draft of my reponse...


"Yes, in fact I have.

I just cannot believe that the computer was scratched when it shipped to you. If you had contacted me when you had received it, maybe I would better believe otherwise. But I carefully inspect systems upon receipt of them, and I did put some work into this particular system, upgrading a number of the parts.

There are other factors that make me very suspicious of this situation as well, but they are besides my above point.

I'm sorry, but no, I cannot and will not accept a return. If the scratch was there when I shipped it, and I strongly believe it was not, then maybe you will learn a lesson here, that being to inspect items upon receipt, not 30 days after the fact.

I am also unwilling to help you otherwise because of your language and threats, calling me a "thief," etc. You came at me in an extremely unprofessional manner, especially considering my reputation and Ebay feedback. I am an honest seller, and very willing to help in situations that call for it, and that is proven by the responses other customers have stated in their feedback. Perhaps you can learn a second lesson here as well.

In regards to your threats, I have spoken with my Ebay Power Seller Account Representative, the USPS, received advice from other Ebay Power Sellers, spoken with the Westminster Police Department, and of course my lawyer. Needless to say, I am not worried. I also advise you to be careful in your wording when you leave negative feedback. Any false statements included in your feedback could lead to its removal by Ebay, and could also lead to a civil lawsuit. False statements made elsewhere by you regarding this transaction may also lead to a civil lawsuit filed against you. I have a strong reputation, a good lawyer, and your e-mails and ebay messages to me regarding this transaction that she can use in court if need be. She already has copies."


What do you guys think?



*edit*

looks ok
 
Yeah, he's full of shit. Probably buyers remorse or maybe he's just a moron who thought he could sell it for profit and after 30 days gave up. Also...a scratch on the case? WTF...is that really that big of a deal? Calling you a thief? Its not like you mailed him a case full of marbles, shouldn't he just be out a case door or something from dell (like another poster said), even if his BS story were true?
 
Originally posted by: PingSpike
Yeah, he's full of shit. Probably buyers remorse or maybe he's just a moron who thought he could sell it for profit and after 30 days gave up. Also...a scratch on the case? WTF...is that really that big of a deal? Calling you a thief? Its not like you mailed him a case full of marbles, shouldn't he just be out a case door or something from dell (like another poster said), even if his BS story were true?

I actually asked him if the scratch was on the side of the case that comes on/off. He said no. Otherwise, I would have just switched that out with him.
 
Originally posted by: bamacre
Hey guys, just received an email from this jerk asking if I have come to a conclusion on what I want to do regarding this situation.

The draft of my reponse...


"Yes, in fact I have.

I just cannot believe that the computer was scratched when it shipped to you. If you had contacted me when you had received it, maybe I would better believe otherwise. But I carefully inspect systems upon receipt of them, and I did put some work into this particular system, upgrading a number of the parts.

There are other factors that make me very suspicious of this situation as well, but they are besides my above point.

I'm sorry, but no, I cannot and will not accept a return. If the scratch was there when I shipped it, and I strongly believe it was not, then maybe you will learn a lesson here, that being to inspect items upon receipt, not 30 days after the fact.

I am also unwilling to help you otherwise because of your language and threats, calling me a "thief," etc. You came at me in an extremely unprofessional manner, especially considering my reputation and Ebay feedback. I am an honest seller, and very willing to help in situations that call for it, and that is proven by the responses other customers have stated in their feedback. Perhaps you can learn a second lesson here as well.

In regards to your threats, I have spoken with my Ebay Power Seller Account Representative, the USPS, received advice from other Ebay Power Sellers, spoken with the Westminster Police Department, and of course my lawyer. Needless to say, I am not worried. I also advise you to be careful in your wording when you leave negative feedback. Any false statements included in your feedback could lead to its removal by Ebay, and could also lead to a civil lawsuit. False statements made elsewhere by you regarding this transaction may also lead to a civil lawsuit filed against you. I have a strong reputation, a good lawyer, and your e-mails and ebay messages to me regarding this transaction that she can use in court if need be. She already has copies."


What do you guys think?

I rewrote it for ya, thought it could be a little less hostile - I would take the high ground here.

Yes, in fact I have.

It's difficult for me to believe the computer was scratched before I shipped it to you. Beyond the normal inspection I do to all my merchandise upon receipt, I spent extra time with this particular machine upgrading it. I certainly would have noticed any scratches, dents, or dings.

I have other reasons to be suspicious about your claim, but primarily I'm concerned that you waited more than 30 days to examine the item in question. Considering the system was in your possession for nearly a month before you chose to inform me of this issue, I have no way of verifying that your claim has any validity whatsoever. If you had contacted me early, perhaps immediately after receipt, I would be far more open to engaging in a discussion about possible damages.

Because of these circumstances I cannot accept a return. I cannot act in good conscience here because your language concerning this matter has been hostile and impolite, to say the least. Calling me a "thief" and accusing me of fraud make me less inclined to address this matter any further. I am reputable seller on ebay, I have earned my reputation through providing my customers with exactly what they requested.

In regards to your threats, I have spoken with my Ebay Power Seller Account Representative, the USPS, other Ebay power sellers, the Westerminster Police Department, and my lawyer. They all inform me that I have acted in good faith in this matter and that there is no evidence of any wrongdoing on my part. I would encourage you to be careful about leaving negative feedback - any false statements could be removed by ebay and, depending on their severity, could trigger other legal consequences as well.

I'm sorry this situation has come to this, but I cannot simply stand by while someone with little proof accuses me of shipping them damaged goods nearly a month after they were received.

Thank you,

X
 
The worst he can do is leave negative feedback, which is pretty easily removed with politely worded emails or chats with Ebay CS. He doesn't have a leg to stand on and he knows it, hence the hostile language.

If he goes further with it and files a police report or claim with the USPS, then deal with it as you have to. If you're being honest here about what happened then you have nothing to fear. Just provide the truth and he'll have to lose.
 
Your reply e-mail is too long (i didnt read it fully though). It seems like you are trying to justify/clarify yourself for some mistake you need.

Just reply with this and be over with:

"Sir, You have had possession of the computer for 30 days. It does not takes anyone that long to notice substantial damage and not report the seller. Moreover, you have threatened me with legal action if I fail to comply with your demands. I am sorry to say that at this point of time, I will not be able to communicate with you any further due to the legal threat made out to me by you. If you wish to communicate any further, it must be through the legal routes.

Thank you,
X"

Keep it short and simple and not a long story. In case he does takes any legal action (small claims court etc. etc), you have not said anything that you can against you.
 
Originally posted by: alkemyst
The post office sucks at this kind of thing. I bought a set of folding mirrors from a serviceman in okinawa. They had great feedback and had pictures of all angles of the item...it was in mint condition. I asked if the pictures were of the actual item I would recieve.

Anyway I get them. First off they are packed with no packing material in oil soaked boxes edge to edge. They looked nothing like what I was shown. I contact the guy/girl and am told blah blah blah their father had died and they had someone else handling the 'business'. They must have shipped me the wrong one and shipped mine to someone else. (now I am thinking the crap I recieved no one would buy). The biggest problem was by the time I got the mirrors and he responded 30 days was up. They originally asked since they provided tracking if I would give them positive feedback. They has some story that once I leave positive their feedback monitor would automatically positive me. 😕

He told me give him some time to find new mirrors, maybe 'next month or two'. I told him to refund the money....paypal got involved and said as long as they recieved the item back I would be credited.

Anyway USPS lost the package. According to their tracking it showed it never left the main branch I dropped it off at (counter service)...Paypal says I had to go through them. I go through USPS and since it was international it takes up to 45 days or so. On day 45 they reported 4 days after I shipped it, it was signed for on base. At this time paypal told me it was closed. USPS said they can't honor the claim because the package was delivered and my CC stated that since no proof that I shipped it back they couldn't help either (the post office still never updated the tracking info)...a few days later the package was no longer in the database.

I was out $150 + $20 in shipping. The seller had the money and the package.

I HAAAAAAAAATE paypal, they are the most uneffective bunch of idiots around. They care nothing about the people that use their "servive" just about what commission they can skim. Yes, I too have been burned by Paypal, someday I shall have my revenge.

 
Originally posted by: bamacre
BlinderBomber,

I like the changes you made.

No problem man, I hope it all works out without any more ugliness.

I'm your one-step re-writing service, especially when I'm bored at work 😉
 
Originally posted by: BlinderBomber
Originally posted by: bamacre
BlinderBomber,

I like the changes you made.

No problem man, I hope it all works out without any more ugliness.

I'm your one-step re-writing service, especially when I'm bored at work 😉

😀

Just awaiting his negative FB now, as the response was sent. Good thing is 5 out of the 6 most recent feedback listings for me were for $1200+ items.
 
I get the impression that he either broke something inside the PC (and would claim that it was damaged during shipping back to you) or that he had buyer's remorse.

Or both.

Edit: and his pics suck.
 
food for thought

for all you know in those 30 days he probably sold the computer and the other buyer damaged it and sent it back to him...and now he wants to recoup his loss through you
 
Ignore him, let him leave you bad feedback. But make it clear you believe he is being dishonest. 31 days is way beyond reasonable here. No reasonable person would wait that long before inspecting the package.

Edit: your way ahead of me
 
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