[ForSale-Swap] Pressing charges for bad ebay deal

Loren Moline WA7SKT lmoline at hotmail.com
Fri Apr 13 16:09:16 EDT 2007


Steve,

When I sell something on ebay and I get the money the item belongs to the 
buyer. I have no right to take my sweet time about getting it to them. My 
wife often says..why don't you wait til your days off to send it. I tell 
her..I have the money so it belongs to the buyer. I didn't have to wait for 
the money so the buyer should not have to wait for his item.


Loren




----Original Message Follows----
From: Steve Tolley <radio at matnet.com>
To: ForSale-Swap at mailman.qth.net
Subject: RE: [ForSale-Swap] Pressing charges for bad ebay deal
Date: Fri, 13 Apr 2007 12:01:37 -0800

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






--------------------------------------------------------------------
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

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