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Old 09-07-2010, 04:24 PM
 
Location: Kaufman County, Texas
11,858 posts, read 26,881,949 times
Reputation: 10608

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Local law enforcement won't help you here. They consider internet sales to be a "civil matter" and will not get involved. BTDT.
If you have pre-paid legal, it would be well worth it to find a local attorney (in seller's hometown) to send them a demand letter and possibly prepare a small claims court filing. This will often scare the seller bad enough to refund your money or send the item you actually paid for.
Unfortunately, you've learned to ALWAYS use Delivery Confirmation or to get a signature...
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Old 09-07-2010, 06:56 PM
 
6 posts, read 14,084 times
Reputation: 11
Thumbs down Who gets in trouble is not anyone's problem

Quote:
Originally Posted by Bowie View Post
Law enforcement agencies and the court system are the correct solution to use. Besmirching the seller online will get you in trouble with the law. Our local district attorney has been cracking down lately on people who say nasty things about other local people online.

Is the seller or buyer in San Antonio? Is the buyer or seller in another state? That makes a difference which law enforcement agencies and courts to use.
The seller who happens to be a thief is walking free in San Antonio and Law enforcement can do nothing about it and you are talking "Besmirching... "

Bear in Mind, Think about it, he has stole it BOLDLY only because Law can do nothing to him.
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Old 09-08-2010, 01:20 AM
 
Location: Tejas
443 posts, read 954,952 times
Reputation: 428
Quote:
Originally Posted by sn008 View Post
The seller who happens to be a thief is walking free in San Antonio and Law enforcement can do nothing about it and you are talking "Besmirching... "

Bear in Mind, Think about it, he has stole it BOLDLY only because Law can do nothing to him.
I wouldn't worry about any reprisal for telling your story. They aren't likely to spend the money necessary to bring a case, and then there is the question of damages, which would be hard to assess. We're only talking about their online identity as a seller.

What about Fedex? What have they told you? Have you tried contacting your bank? Have you actually called and spoken to anyone at Paypal? There are numbers for contacting them by phone posted around the 'net.
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Old 09-08-2010, 07:50 AM
 
413 posts, read 742,082 times
Reputation: 460
If you're out of state, you'll spend at least double what you lost just to travel to court (possibly twice). You might eventually get paid although it could take years.

A rule for the future is to never buy anything on ebay from someone with zero feedback. Take this as a lesson and just forget about it.
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Old 09-08-2010, 07:54 AM
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Location: Ohio
17,107 posts, read 38,116,197 times
Reputation: 14447
Quote:
Originally Posted by ItsTheTruth View Post
A rule for the future is to never buy anything on ebay from someone with zero feedback. Take this as a lesson and just forget about it.
I have made small purchases from members with zero feedback. I've made $50 purchases from members with less than 10 feedbacks. It's a roll of the dice and I can afford to end up with nothing on purchases of that size.

But I wouldn't make a $400 purchase from someone with fewer than 100 feedbacks.
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Old 09-08-2010, 09:04 AM
 
6 posts, read 14,084 times
Reputation: 11
Arrow Absolutely true

Quote:
Originally Posted by ItsTheTruth View Post
If you're out of state, you'll spend at least double what you lost just to travel to court (possibly twice). You might eventually get paid although it could take years.

A rule for the future is to never buy anything on ebay from someone with zero feedback. Take this as a lesson and just forget about it.
But, Not just "0" feedbacks , there are many lessons to learn from a loss of $400. Nobody is willing to provide any legal advice on this case, which means a Buyer or Seller can walk scott free by making money freely. Anyone can do it. What's is stopping them from do it , if there are NO rules and laws apply, right ?
To recover $400, as you said , I have put at least 2 times that amount to recover it i.e $800 or so and court does not guarantee that money will be added to actual money lost $400 + $800 = $1200 in my favor.
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Old 09-08-2010, 09:13 AM
 
413 posts, read 742,082 times
Reputation: 460
Quote:
Originally Posted by sn008 View Post
But, Not just "0" feedbacks , there are many lessons to learn from a loss of $400. Nobody is willing to provide any legal advice on this case, which means a Buyer or Seller can walk scott free by making money freely. Anyone can do it. What's is stopping them from do it , if there are NO rules and laws apply, right ?
To recover $400, as you said , I have put at least 2 times that amount to recover it i.e $800 or so and court does not guarantee that money will be added to actual money lost $400 + $800 = $1200 in my favor.
It will NOT be added. I submitted receipts for plane tickets for a small claims case that I won, and the judge dismissed them. Unfortunately, it's not the defendant's problem that you're in a different state. I also had to pay for a second plane ticket when the defendant didn't pay the judgment. I did it out of principal, not financial remediation. Filing the case was only $75. Worst case you can file it and scare the guy into a refund.
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Old 09-08-2010, 09:45 AM
 
1,066 posts, read 3,694,284 times
Reputation: 755
After about 20 purchases with no problems...I finally had a problem with an ebay purchase. The shipment never came...it was a power seller located in Hong Kong...first he told it takes 3 weeks to ship stateside. Then after another 3 weeks he told me the package was refused, but wouldnt provide any proof of that statement.
In the mean time, unbeknownst to me...after 45 days ebay cleans their hands of any transaction and will not get involved. So you ever have a problem...report it sooner rather than later.
In the end, I just reported it to my credit card company as fraud by not sending the purchased item..and the credit card company credited my account 100%.
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Old 09-08-2010, 09:33 PM
 
1,724 posts, read 1,630,701 times
Reputation: 3425
Talk to ebay and explain everything! They can give refunds without even contacting the buyer. I got one that way. You just have to tell them all that happened with the transaction.
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Old 09-08-2010, 09:34 PM
 
1,724 posts, read 1,630,701 times
Reputation: 3425
Ebay has guarantees....so use them.
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