[ForSale-Swap] Pressing charges for bad ebay deal

[Steve Tolley]

John
  I think you may be over-reacting here. There has been only a 
relatively short time involved.  His feedback was all great. There is 
no reason to suspect he is attempting any ripoff or theft. I have had 
packages dropped off at both Fedex and UPS that had problems with the 
tracking numbers not showing as good. The guy may have dropped it off 
or shipped it and left for work for a couple of weeks on vacation, or 
medical reasons. A lot of people up here work two-on (weeks) and 
two-off and are out of touch for some finite time. Others have to 
leave for business, family, or other reasons which require a long 
travel time. Lots of valid possibilities and only a couple of weeks. 
Way too short a time to start to panic or starting to talk of legal actions.
  Investigate a bit more before using terms like "Legal action", 
"theft", or "pressing charges". All of those would require proof and 
documentation and lacking that could expose you to a legal action instead.
  You posted negative feedback for the guy and even Ebay guidelines 
suggest a longer time frame before starting such processes.
   You definately reacted too quickly there.  Maybe a bit of paranoia 
because it was Ebay? Or too many internet horror stories that we now 
react with such haste?
  Remember that while we (you and I) may be on a fast schedule/track 
in todays world that others still live a bit slower, less connected, 
but no less valid reality.

  Heck, I'll bet a good number of  the people I hung out with in my 
youth still don't have any internet!

  I think we have started to believe that in a world with fast 
communications and fast shipping possibilities that all will be 
flawless in the process and the human factor is to be ignored. When 
in fact, it all just means that there are more things to go wrong.

  His history does not show any reason to be overly concerned or 
suspect foul play.

  Remember when ordering/buying anything was accompanied by "allow 
six to eight weeks for delivery". That was not so long ago.

  Patience may be the best option for a little while longer.

BTW: I shipped a large 150 lb box of radios to NYC a little over a 
year ago. Dropped off at a Fedex facility. Had receipts and paperwork 
in hand. Knew the person behind the counter personally. Knew the 
truck driver that picked it up from there.  Package was not found 
again. Did not hear from the recipient for nearly three weeks that he 
had not received it. I started looking for it and no one could figure 
where it went. The tracking number came up as no good, yet I had the 
paperwork in my hand with the tracking number and I watched the Fedex 
employee put the label/tracking number on the box. I watched her scan 
the package/number. Never seen again. It took three months to get 
Fedex to pay me for the loss but they did fully. In the meanwhile I 
shipped another box of radios to the buyer but the additional time 
caused the loss of a larger sale of 60 radios.
   One year later, out of the blue, three large boxes showed up at my 
door by UPS with the three radios in them. Repacked. Poorly. The 
boxes mangled with the radios damaged and hanging out of the boxes. 
 From a large computer company in California! No paperwork or 
explaination and no shipping charges!
   Very strange. Shipped Fedex to the east coast. Received from UPS 
from the west coast! No clue as to how it all happened.

  From the lyrics of "Meatloaf" (Movie "Roadie")  Everything will 
work out if you let it.

  Patience is the best policy here until contact from the other party 
or facts/situation are known.

  Steve   KL7FZ






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Message: 11
Date: Fri, 13 Apr 2007 14:42:10 -0400
From: "Marty" <kt4k at bellsouth.net>
Subject: RE: [ForSale-Swap] Pressing charges for bad ebay deal
To: <forsale-swap at Mailman.qth.net>
Message-ID: <00b701c77dfb$72564c30$0202a8c0 at userT1>
Content-Type: text/plain;	charset="windows-1250"

"All positive feedback received:  63"
Unless his account has been high jacked (which I doubt) the Ham you bought
from is as good as gold! Had no negative feedback until you left him one
without knowing the circumstances of why you haven't heard from him. He has
no ID history that indicates he has changed his ID which is also a good sign
and has a perfect eBay history record for about a yr (until now). I would be
concerned about the guy instead of rushing to give him a negative feedback
he can not delete. The guy might have had a heart attack, death in the
family or whatever. I've used shipping drop off's and there is no way I know
if the package got in the hands of a driver and scanned into the system or
someone walked off with it before the driver pick up, until and unless it
shows up in the tracking.

I wouldn't blame him for spoiling your feedback record and leaving you
negative feedback in return, which you have risked by leaving him the same.
I take it you did a "Search: Find Contact Information" to see if your
contact information matched?

I've sent an email to a NC Ham I know to see what I can find out.

Marty


-----Original Message-----
From: forsale-swap-bounces at mailman.qth.net
[mailto:forsale-swap-bounces at mailman.qth.net] On Behalf Of John Geiger
Sent: Thursday, April 12, 2007 11:26 PM
To: forsale-swap at Mailman.qth.net
Subject: [ForSale-Swap] Pressing charges for bad ebay deal

I am looking for info from other list members, as I am
sure that others have gone thru this.  A couple of
weeks ago I used the Buy It Now option on ebay to buy
an Alinco DX70TH from KI4KET in Weaverville, NC.  I
paid for it immediately with paypal.  He said he was
going to send it the 27th of March, but I have never
received it, and the tracking number he sent me shows
that UPS never took possession of it.  He now won't
answer my emails or phone calls.

I may or may not get my money back from Paypal, but I
want to take legal action against this seller for
theft, because that is what it is.  Which legal
authority do I need to start with?  How much luck have
others had with pressing charges for ebay theft?

Any info would be appreciated.

73s John W5TD