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Post Posted: Mon Apr 04, 2011 9:09 pm 
 

benjoshua wrote:
What I do is not pay until I have heard back regarding this matter.  Unfortunately, it typically delays shipment by at least a day in my experience, but it's usually worth it.  Some people just have no clue about how to properly pack an item so it arrives safe.


Good point.  Also, many people just do not care.  For them eBay is an extended garage sale to get rid of stuff, and as long as they toss the item in a box and put postage on it, their role is complete.  Most could care less about their reputations as this is not their main source of income and many do not understand collectors and our obsessiveness (raises hand) with condition.


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Post Posted: Mon Apr 04, 2011 9:20 pm 
 

Well, I am convinced this seller could not give less of a care for her Reputation, and perhaps she does not even care about keeping her account on E-Bay and Paypal.

I just want my money refunded, and my return shipping costs would be nice too, but I do not see that happening at all.


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Post Posted: Wed Apr 13, 2011 7:20 am 
 

Well E-Bay has in its infinate wisdom has decided the case in favor of the seller.
So, I guess I will get NOTHING and she gets to keep the items AND my money too!
She gets to sell that piece of crap to another E-Bayer and Double her freaking haul...


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Post Posted: Wed Apr 13, 2011 7:39 am 
 

Gnat the Beggar wrote:Well E-Bay has in its infinate wisdom has decided the case in favor of the seller.
So, I guess I will get NOTHING and she gets to keep the items AND my money too!
She gets to sell that piece of crap to another E-Bayer and Double her freaking haul...


This really stinks!!! Did they give you a reason for deciding in the seller's favor?  What did they say to the photos you have showing the damaged box and poor packaging?  Or was it the seller's contention that she did not ship you that copy that influenced eBay's decision?  Do you have any recourse at this point?


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Post Posted: Wed Apr 13, 2011 8:09 am 
 

smarmy1 wrote:This really stinks!!! Did they give you a reason for deciding in the seller's favor?  What did they say to the photos you have showing the damaged box and poor packaging?  Or was it the seller's contention that she did not ship you that copy that influenced eBay's decision?  Do you have any recourse at this point?


They gave me no reason and no explanations.

They also never told me where to send photos, so they never saw them.
I asked them TWICE where to send them, and once on the phone as well.

At this point I have appealed which is the only thing I can do it seems.
They have 72 hours to tell me again I am still screwed.
Once the day gets to regular working hours I will be on the phone again.

It is unbelievable to me that they found in the sellers favor on this one.
Seemed an EASY choice to me.


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Post Posted: Wed Apr 13, 2011 8:15 am 
 

Keep hammering them with the photos and makes sure to call if you have not done so already.  Even when you get them on the phone it is hard to get them to deviate from their script, but keep trying and good luck.

Any chance you used a credit card to pay for the auction?  If so, open a claim with the credit card company; the credit card company will definitely be more responsive.  Good luck.


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Post Posted: Wed Apr 13, 2011 8:24 am 
 

smarmy1 wrote:Keep hammering them with the photos and makes sure to call if you have not done so already.  Even when you get them on the phone it is hard to get them to deviate from their script, but keep trying and good luck.

Any chance you used a credit card to pay for the auction?  If so, open a claim with the credit card company; the credit card company will definitely be more responsive.  Good luck.






Nope, no credit card.

Directly from my paypal ballance.

I think I am simply screwed with no recouirse but to give negative feedback.

Which I am sure the seller will protest and get that reversed too.

That is if she even cares.

Heck at this point I would not be surprised if E-Bay banned me instead of the asshat THIEF seller.



For those not yet aware of the asshat thief seller here is her E-Bay thief ID and about me page.



kestrle



eBay listings



When the asshat THIEF seller relists that same Ptolus set be sure to review the pictures if any and the description if any.

And you can expect the same sort of CRAP shipping service I got.


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Post Posted: Wed Apr 13, 2011 8:31 am 
 

I've never heard of a seller winning one of these cases.  8O

Call them again. Make sure you are talking to a manager and not a phone minion, ask for one the minute you get on the phone.  Remember Allan Grohe's long duel over the beat to shit brown box he got once? Photos were essential, and if they don't have photos, they aren't going to be interested in your story.

If you have the paypal linked to a credit card, bypass the system entirely and cancel the transaction through your credit card company, but you indicated you didn't so that sucks.

The seller has no recourse to bad feedback, none. You can even lie in the feedback and there is nothing the seller can do (I was told that after my run in with the jackass in California who made up a story for feedback). Leave all 1's, negative feedback, and say only provable things in the feedback (don't use words like thief, say the seller never sent the item, or sent the item and it was heavily damage, remember you are allowed to lie in the feedback just not slander someone). And be sure you post their name everywhere so that when this bitch puts the item up again we'll all be ready for it.

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Post Posted: Wed Apr 13, 2011 8:54 am 
 

The only concievable way for the seller to win this is to provide proof that the item she shipped is not the one she got back.  I imagine she had pictures before and after, which would clearly look like a different book since it was beat to hell in transit.

I think she may also be asked / required to provide proof of original purchase.

If she provided these, then the monkey doing the evaluation might have just called it a day, in which case, get back on the phone.

Did she not insure the item?  I keep running across instances where buyers "don't opt for insurance" - yet I thought eBay changed its policy to make it the seller's responsibility.

I'd have to go digging again, but I think in the 3 or 4 times I've gotten pissed enough to return something, I always open a SNAD case regardless of the seller's niceness.  I guess this is why.  If it was damaged during shipping, SNAD, YOU send the pictures, and Paypal enforces the refund.  Maybe I'm an ass, but I don't care if The Pope sold me the book.  $160 is alot of change to assume someone isn't going to try to screw you.

In theory.

  

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Post Posted: Wed Apr 13, 2011 9:02 am 
 

I cannot leave any feedback yet.
Have to try to either get the money or the items back so I can re-sell them and get SOMETHING from this insanely bad situation.

I knew I shoulda passed on Ptolus in the first place. :roll:


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Post Posted: Wed Apr 13, 2011 9:41 am 
 

I think you may be screwed because you sent it back before talking to the seller and/or opening a case.  You have less proof/leverage that way.


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Post Posted: Wed Apr 13, 2011 10:06 am 
 

TheHistorian wrote:I think you may be screwed because you sent it back before talking to the seller and/or opening a case.  You have less proof/leverage that way.


Not true.
The same day I got the damaged stuff; I sent the seller a message THROUGH the listing telling her the item was not as described.

TWO DAYS later I still had no response from the seller.
The sellers return policy states the following:
IF item is received NOT as described, I have ONLY 7 days from receipt of the items to mail the items back for a full refund.
So I mailed the items back.
And then sent a second message telling seller that I sent them back.
Seller responded to THAT message within moments saying I should have given her time to respond to my 1st message and that she would NOT issue any refund whatsoever.

Later on after I made a claim through e-Bay she stated that she got the items back but that I had sent a different copy of the BIG HEAVY Ptolus book back... not the one she sent, but that the other items were the originals she had sent. :?

We sent about 20 responses and counter responses back and forth for two weeks, until she finally stated she was not going to respond again.
I then filed for an upgrade claim to escalate the claim for a decision form E-Bay.
Two days later I got an E-Mail from E-Bay stating they had found in favor of seller.

I immediately filed an appeal.

Final outcome.
I filed an appeal (as I stated above) early this morning (about 7 AM my time).
I called E-Bay about 30 minutes ago and spoke with the guy who answered the phone and never asked for his Boss....
He accepted and approved my appeal within a few moments and placed an order for me to get a FULL REFUND...
I just checked my Paypal account.
E-Bay sent me a full refund from their own pocket and it was already posted to my paypal account!

I got my money back and now I am going to hit the asshat seller with a negative and 1's on all the DSRs...

Her feedback rating just went from 100% to 66.7%  :lol:

No chance for her to resell that damaged Ptolus to anyone with any freaking common sense now.


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Last edited by Gnat the Beggar on Wed Apr 13, 2011 10:23 am, edited 1 time in total.
  

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Post Posted: Wed Apr 13, 2011 10:16 am 
 

Gnat the Beggar wrote:
Not true.
The same day I got the damaged stuff; I sent the seller a message THROUGH the listing telling her the item was not as described.

TWO DAYS later I still had no response from the seller.
The sellers return policy states the following:
IF item is received NOT as described, I have ONLY 7 days from receipt of the items to mail the items back for a full refund.
So I mailed the items back.
And then sent a second message telling seller that I sent them back.
Seller responded to THAT message within moments saying I should have given her time to respond to my 1st message and that she would NOT issue any refund whatsoever.

Later on after I made a claim through e-Bay she stated that she got the items back but that I had sent a different copy of the BIG HEAVY Ptolus book back... not the one she sent, but that the other items were the originals she had sent. :?

We sent about 20 responses and counter responses back and forth for two weeks, until she finally stated she was not going to respond again.
I then filed for an upgrade claim to escalate the claim for a decision form E-Bay.
Two days later I got an E-Mail from E-Bay stating they had found in favor of seller.

I immediately filed an appeal.

Final outcome.
I filed an appeal (as I stated above) early this morning (about 7 AM my time).
I called E-Bay about 30 minutes ago and spoke with the guy who answered the phone and never asked for his Boss....
He accepted and approved my appeal within a few moments and placed an order for me to get a FULL REFUND...
I just checked my Paypal account.
E-Bay sent me a full refund from their own pocket!

I got my money back and now I am going to hit the asshat seller with a negative and 1's on all the DSRs...


Way to persevere. The first guy that handled it must have been an idiot.  As long as you are unsatisfied with the purchase and provide proof of sending it back, you are golden 99.9 percent of the time. First guy must have been on dope.

Now hammer that bitches feedback..... :twisted:

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Post Posted: Wed Apr 13, 2011 10:24 am 
 

I got my money back and now I am just finished hitting the seller with a negative feedback and 1's on all the DSRs...

Her feedback rating just went from 100% to 66.7%  :lol:

She does not have enough sales for the DSRs to show, and now I doubt she ever will.

There is (IMO) NO chance for her to resell that damaged Ptolus to anyone with any freaking common sense now.
At least not on E-Bay.


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Last edited by Gnat the Beggar on Wed Apr 13, 2011 10:39 am, edited 1 time in total.
  


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Post Posted: Wed Apr 13, 2011 10:28 am 
 

It is hard for sellers to win these unless they have everything ridiculously documented.

The "Refund" portion of the listing honestly just seems like its for show.  When you get right down to it, if you can open a case, you have an avenue for a return.  There is no such thing as an "as-is" or "no return" sale on eBay, no matter how hard a seller tries to convince you otherwise.  Granted, its not supposed to work like this, but the ease in which a buyer can open a case and force a return, it might as well be.  So next time I wouldnt worry about "must return in X days" or "no refunds given".  You have 45 days from date of payment to open a case.  Thats the only thing that matters.

Glad you got your cash back.  Ptolus is worth trying for again though - excellent product.

  

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Post Posted: Wed Apr 13, 2011 10:43 am 
 

The person I talked to this morning (regarding my appeal) was stunned that the seller was granted the win on this case in the 1st place.

I told him I was more shocked than he was. :lol:

All she had to do was send me a refund and she could have then sold that crappy Ptolus to some other E-Bay sucker again…. And again…. And again.

However, she tried to weasel out of paying me a dime and now her seller's credibility is thrashed on E-Bay.
I cannot picture anyone with any common sense buying another item from her (not on E-Bay at least).
And I would never sell anything to her if she was to bid on anything I was selling either.
Well actually I have already blocked her...
But I would block her too if I were you guys.


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Post Posted: Wed Apr 13, 2011 10:54 am 
 

Gnat the Beggar wrote:The person I talked to this morning (regarding my appeal) was stunned that the seller was granted the win on this case in the 1st place.

I told him I was more shocked than he was. :lol:

All she had to do was send me a refund and she could have then sold that crappy Ptolus to some other E-Bay sucker again…. And again…. And again.

However, she tried to weasel out of paying me a dime and now her seller's credibility is thrashed on E-Bay.
I cannot picture anyone with any common sense buying another item from her (not on E-Bay at least).
And I would never sell anything to her if she was to bid on anything I was selling either.
Well actually I have already blocked her...
But I would block her too if I were you guys.


Gnat I have a pretty nice copy for sale or trade :)


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Post Posted: Wed Apr 13, 2011 10:58 am 
 

For that price, I'd sue the bitch through small claims cort in your own jurisdiction. She did not provide the product in the condition you purchased it in, as per your contract of sale. She also did not take suitable steps to ensure it was not damaged in transit, which she is obliged to do, under both her contract with you and eBay, and under her contract with the USPS when she selected them as her shipping agent.

Furthermore, she has both the product and the money, and has not offered to provide either a replacement or a suitably repaired product.

Sue the bitch. Keep a track of the hours you spend dealing with it, and telephone expences, lodging fees etc, and add these to your claim. Have your day in court and go for the throat. If you feel the need, cite eBay to represent their actions in the dispute. They'd probably pay you your money out of their insurance policy to avoid bad press.

I presume you didn't buy with a credit card? It's the biggest mistake anyone can make, not buying on a credit card. It leaves you wide open to the decisions of someone else. If you'd gone directly to your credit card, you'd have the money back in your account by now.

In the UK eBay and PayPal are useless when it comes to protecting people, so you're better off gouing straight to the credit card company and sking for the transaction to be reversed. I don't know if the balance of power is different in the US, but scare stories like this are all too frequent.

Maybe the book was already smashed to F and the cover has been posed and the photo sweetened in the auction. Then she'd have to avoid packing it propoerly in order to justify non-disclosure in the auction?

Good luck with this. The best way of dealing with PayPal and eBay is always over the phone.

>EDIT - Reading On <

Glad it all worked out. I tend to avoid sellers who ony sell things a few times a year and don't ever buy anything. They tend to be muppets who don't understand the world of the internet and the politeness and respect the world requires from them.


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Last edited by mbassoc2003 on Wed Apr 13, 2011 11:07 am, edited 2 times in total.
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Post Posted: Wed Apr 13, 2011 11:02 am 
 

It is funny but I have never had a dispute that did not go favorable for me.  I am very careful though, like Ian said I always use a credit card and I always send the "ship to me well packed e-mail".

Good thing it turned out well :)


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Post Posted: Wed Apr 13, 2011 11:19 am 
 

It does seriously erk me that she got away with keeping the items PLUS my money too and she could resell that crapppy book on Amazon, or Yahoo, and perhaps even on E-Bay if some other sucker like me comes along.

Too bad nothing can be done about that.


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