What should I do about this ebay situation/scam?

Posts: 549 · Posted: Thu Jul 02, 2009 2:29 pm

I'll start by noting that this does not concern a RPG item, so if that turns you off completely, stop reading now.

*****

But it does concern some pretty crappy ebay behavior, so that may be generally interesting, and I think it's a common enough tool here that many folks will have an opinion.

So I'm looking to buy a new mobile phone, just waiting for the one I want to show up at a decent price. I finally win an auction, and I'm pretty happy.

Timeline:

June 19 - auction closes, I've won
June 20 - I send a request to be invoiced
June 23 - I send a request to be invoiced
June 24 - I Contact Seller to ask if he will be invoicing
June 29 - I Contact Seller to ask if he will be invoicing
July 2, 8:25am- I think I know what's happening, but I send payment even without the invoice, as I'm confident that there's little financial risk
July 2, 10:46am - Payment refunded (*see below)
July 2, 10:48am - Unpaid item case opened by seller
July 2, 12:48pm - I respond to case, indicating that I will pay
July 2, 12:51pm - Case closed by seller, giving me no chance to fully respond
July 2, 1:10pm - I appeal the unpaid item case/strike, and it is immediately reversed

*Note attached to refund is:

YOUR PMT IS VERY LATE.
YOU HAD ONLY 7 DAYS TO PAY FOR THIS ITEM.
YOU PAID AFTER OVER 22 DAYS - UNACCEPTABLE

I'll note that a payment is not listed in the auction, but otherwise leave you to calculate the wrongness of the math on your own. Smile

So my theory as to what happened is that the closing price was much less than the seller actually wanted to get. He lists the phone for $578 BIN or Best Offer, and then sometimes puts one up for straight auction, recently achieving prices of $371-$471 (based on previous feedback I can see), so my win at $365 is the bottom (good for me) but it's not like I lucked into a $100 win or something. Anyway, that's my theory - if you have a different idea, let me know.

Now the real question: what should I do from this point? I could leave negative feedback/DSRs. I could file a non-performance complaint. I could contact ebay beyond that. I could pursue legal action (it is a violation of a contract). Other ideas?

Obligatory auction link: http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=180369821857

Posts: 1311 · Posted: Thu Jul 02, 2009 2:40 pm

I'd say you've summed this case up perfectly. He didn't get the price he wanted, so ignored it and then refunded.

I'm not good on the ebay 'law' side of things, but I'd say you can file a broken contract against him as you won the item, it was not reserved and therefore should receive it.

You will have electronic evidence to show you contacted the seller plenty of times from the end date, so that goes in your favour.

If ebay ignore the case (which I'm sticking my neck out and saying they will) I'd neg him right royally, as his feedback score isn't perfect (and looks to suffer from previous such cases) and put it down to him being an asshat! Smile

Posts: 1998 · Posted: Thu Jul 02, 2009 2:41 pm

Yep; there's no payment period stated on their auction or home page and eBay will have a record of your requests for invoices if sent through their system. No harm in going for that, IMHO, even if it's safer to work on the presumption they might've sold elsewhere. Smile

(Exceptions would be for international sales where a vindictive seller could cause no end of fun on duties & taxes payable Wink

)

Posts: 3879 · Posted: Thu Jul 02, 2009 2:46 pm

I agree, the seller didn't like the price. I am guessing that he filed a NPB on you because then you can't leave negative feedback?

If you can, open an item dispute through Ebay and file a nonselling seller with Ebay.

Posts: 7874 · Posted: Thu Jul 02, 2009 2:47 pm

yes its most definately the case that they didnt get as much as they wanted.

i would neg them with the exact reason and complain to ebay and let them have a hand in proceedings. things are bad enough without having to contend with things like that too.

Al

Posts: 495 · Posted: Thu Jul 02, 2009 2:47 pm

While it might seem like the thing to do (pursue until you get the item), there're a number of things that will make it a waste of time (he sends it but it's non-functional, etc). Easier to hit him with the negative and move on rather than lose sleep over it.

Posts: 3417 · Posted: Thu Jul 02, 2009 2:55 pm

My comment is the same as everyone else's: Add your neg to all the others in his feedback. His feedback rating is 97.4%. That would have been enough to keep me from bidding.

Posts: 1974 · Posted: Thu Jul 02, 2009 3:02 pm

Rule 1) Don't buy electronics on eBay.

Rule 2) Negative this guy three ways from Friday and then flip for a thorough job on Sunday; call in your hard-hitting pipers to get all 2nd Renaissance on him

Rule 3) Look at Rule 1

Posts: 3417 · Posted: Thu Jul 02, 2009 3:05 pm

serleran wrote:

Rule 1) Don't buy electronics on eBay.

Pretty good rule actually. Especially with computers. I know two people that purchased laptops off of Ebay. One ended up with a ten year old laptop that didnt work and the other received a box full of bricks. Shocked

Posts: 2699 · Posted: Thu Jul 02, 2009 3:18 pm

See Rule One above.

Neg him and move on, but avoid the electronics.
Get back to the RPG pages on E-Bay.
In fact, buy my stuff.
I promise I will send an invoice REAL quick!

Posts: 1311 · Posted: Thu Jul 02, 2009 3:21 pm

Gnat the Beggar wrote:

See Rule One above.

Neg him and move on, but avoid the electronics.
Get back to the RPG pages on E-Bay.
In fact, buy my stuff.
I promise I will send an invoice REAL quick!

Posts: 495 · Posted: Thu Jul 02, 2009 3:22 pm

I have unhappy customers come in all the time with junk electronics was "a great deal on ebay". Most of them either don't work or only work partially. I'm sure there are some legit deals to be had but they seem to be pretty rare.

Posts: 2699 · Posted: Thu Jul 02, 2009 3:27 pm

Just to be clear...
If you get impatient about seeing an invoice after winning one of my listings, and decide to send payment without one.

I wont send your payment back....... Unless you overpay...
But even then I will only refund the difference and I WILL send your item(s) as soon as possible..... and as safely as possible (Using the shipping costs).

Posts: 301 · Posted: Thu Jul 02, 2009 3:28 pm

Electronics can be tricky. You have to be more savvy about reading their auctions and reading their feedback to sort out what's what.

I've gotten flash drives that were cheap and good.
I've gotten refurbished all-in-one printers that were a good deal and good
I did laptops once - the first two were DOA, but I got them fully refunded with no cost to me. The 3rd one was a good deal I was happy with.

Posts: 301 · Posted: Thu Jul 02, 2009 3:31 pm

TheHistorian wrote:

Now the real question: what should I do from this point? I could leave negative feedback/DSRs. I could file a non-performance complaint. I could contact ebay beyond that. I could pursue legal action (it is a violation of a contract). Other ideas?

Obligatory auction link: http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=180369821857

I don't know the ins and outs of the various options, but I do know one thing -
If there's no consequence for doing it, those type of people will keep on doing it every time.
Follow through with at least one other option besides negging. Hopefully, they'll get penalized, or at least concerned enough about their account to drop the BS tactics.

Posts: 3879 · Posted: Thu Jul 02, 2009 3:37 pm

If you check this sellers feedback you will notice the first neg is from someone who bought a Handicam that looks like the cheapest price but the seller never sent it. Sounds like it is a pattern for this seller.

Posts: 137 · Posted: Thu Jul 02, 2009 5:21 pm

I have personally bought a few $1000's worth of electronics on eBay, but I also vested the sellers very carefully before I even considered buying from them.

I would personally Neg the seller's and I would also hit them in the DSR department.

As a hind-sight statement. I would have never even thought about buying from that seller. The seller's feedback responses say everything (just like everyone favorite cougar).

Posts: 1434 · Posted: Thu Jul 02, 2009 6:30 pm

the only electronics I have bought off ebay is a 8gig usb thing.. well it was a 1gig flashed to look like a 8gig so got ripped... I have bought a couple of dvd and have decided to keep away from them unless I really need to, just not the the headache..

Brette:)

Posts: 549 · Posted: Thu Jul 02, 2009 6:57 pm

Thank you all for the suggestions. Much appreciated. I'll let you know what happens.

Obviously, at this point I don't really want the phone from him... but he deserves some hassle. Twisted Evil

Hmm, does anyone have experience with calling ebay to file a complaint versus entering it online?

Posts: 69 · Posted: Thu Jul 02, 2009 8:25 pm

Quote:

July 2, 8:25am- I think I know what's happening, but I send payment even without the invoice, as I'm confident that there's little financial risk
July 2, 10:46am - Payment refunded (*see below)
July 2, 10:48am - Unpaid item case opened by seller
July 2, 12:48pm - I respond to case, indicating that I will pay
July 2, 12:51pm - Case closed by seller, giving me no chance to fully respond
July 2, 1:10pm - I appeal the unpaid item case/strike, and it is immediately reversed

I'm not 100% sure but at the point when the seller opened a unpaid item case, you should have resubmitted payment and then clicked that payment has been sent. This would have made him close the case and turn the tables where you could open a case against him if the product does not arrive. Once the case is opened, he would be forced to send the item (with tracking) or deal with his own strike.