I sold a broken laptop on eBay 12/12/06 asis for parts or repair. I received what I thought was a cashier's check for $325 on 12/18. He received the laptop 12/23, and sent a vulgar email saying that the laptop does not have a useable operating system. I replied, that it was being sold for parts, and no os was included. 12/29, I received a $20 fee from my bank on a returned personal check. He now has the money and the laptop. He is not willing to return the money and said he is only willing to return the laptop if I remove the negative feedback I left for him, pay for return shipping, and pay for his fees for stopping payment. After a month of arguing, I ultimately agreed to his request contingent with not having to pursue this legally. Now he's back to vulgarities and not willing to resolve amicably.
What legal recourse do I have, who can I contact, and what are the step in persuing this interstate fraud (I live in Illinois, he lives in Michigan)? What am I entitled to?
Please help!
2007-01-23 04:47:11 · 14 answers · asked by DistressedByEBAY 1 in Politics & Government ➔ Law & Ethics
I've written eBay several times to no avail; they only reply with automated responses. I checked his feedback both received and left for others, and it seems that he tried this scam before. He will find something to complain about, and then either stop payment or demand a partial refund. eBay will not stop him. He has received 8 negative feedbacks in the last 200 transactions, and has left 12 negatives in the same 200 transactions.
I only shipped because I thought it was a cashier's check and my bank said the money was then available (it was an electronically drawn personal check). I write in the auctions that I do not accept personal checks.
I do know it will cost more to pursue than the cost of the laptop, but I am very willing to go after this crook. I have filed an affidavidt of fraud with my bank, a police report with my local PD, and fraud complaints online. However, I'm not familiar with interstate fraud complaints. Do I file it with my state or his?
Yes, lesson learned.
2007-01-23 09:21:45 · update #1
Lesson learned, NEVER send an item out until you have CASH in the bank.
2007-01-23 04:50:52 · answer #1 · answered by kherome 5 · 3⤊ 0⤋
Yes, Paypal would have been the way to go on this deal because they would have taken care of you.
Always wait 7 business days AFTER you cash a check from someone incase a situation (like this one) arises before mailing something. If you notice, a lot of Ebay sellers state that they will hold a check 7 days before mailing. This is why.
I'm not sure how you thought is was a cashiers check though (no details about that). Every cashiers check I've ever came in contact with is a clear money order/cashiers check (as stated on it somewhere) even if it has the buyers name printed on it.
I would contact your bank to see what they have to say about this situation. They will be able to lead you in the correct way to solve this situation legally. Good luck!
2007-01-23 04:59:55 · answer #2 · answered by Anonymous · 2⤊ 0⤋
I had problems with ebay about a dvd i purchased no granted it was only 20 bucks no where near the $325 but I contacted Ebay about it and they pretty much wrote me off. Its bad that people get away with things like that. I would try to go through ebay first and if that didnt work i would never accept payment except through paypal.
2007-01-23 05:00:50 · answer #3 · answered by rseverclear 3 · 0⤊ 0⤋
Sue. That is considered fraud. With E-bay when you bid and win you have entered into a legal and binding contract with the other person. If it clearly states in your ad "as is" and "for parts" he has broken the contract and can be sued for what he owes, bank fees, and filing fees. File with your state. I'm from Michigan and they don't like frauds. But, I'm not a lawyer. You can also contact E-bay. They have good advice.
2007-01-23 05:08:37 · answer #4 · answered by Anonymous · 2⤊ 0⤋
The legal course will cost more money to you and result is not sure. You should have opted for Pay Pal which is safe and best way to deal on eBay. Any way you learned a bitter lesson and forget about your broken laptop and move on.
2007-01-23 04:54:11 · answer #5 · answered by atlantindian 3 · 3⤊ 0⤋
Oh that sucks! Have you checked to see if ebay has a policy or complaints department for things like this? Sign up for a Paypal account to prevent things like this from happening. Paypal is a great service that will refund you promptly and automatically debit it from the abuser's account.
2007-01-23 04:57:52 · answer #6 · answered by Anonymous · 2⤊ 0⤋
You can file a complaint with the state's consumer fraud/protection department (google it i'm sure you'll find it easily). Also, NEVER NEVER NEVER take cashier's checks from Ebay....paypal or nothing my friend. Like lady above posted, lesson learned.
2007-01-23 04:55:34 · answer #7 · answered by Anonymous · 2⤊ 0⤋
As long as you have that proof of the item arriving at their confirmed address, somebody has to give you your item or paypal gives you your money. Yes, I would call everyday...buyers like to try and do chargebacks with their credit card company because it is easier to try and weasel your money back...paypal also does not take chargebacks lightly and they know why people do that..Good luck!
2016-05-24 01:07:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Honestly, not a whole lot. You can, and should, report it to eBay. I have made the mistake of dealing with such type people. One such person, ID sherinhouston, made threats against me, and did other such underhanded stuff. All you can do is try to keep very good records, and if possible use PayPal, it saved my bacon against Sherinhouston. Keep in mind to keep your own activities clean. I.E. do not send responses with the same vulgarities.
From what I have found it is near impossible to file criminal charges against someone on line, try civil, and PLEASE let us know if it works out.
2007-01-23 04:58:51 · answer #9 · answered by Ish Var Lan Salinger 7 · 2⤊ 0⤋
File your complaint with ebay safe harbor. This sounds pretty bad, for one -- you paid shipping to get it to him, $20 returned check fee, ebay listing fees....sheesh!
ebay might help you out, at least return your fees associated with the sale.
Sorry to hear about this, what a stinker!
2007-01-23 04:59:00 · answer #10 · answered by highendsystems 3 · 1⤊ 0⤋