Ebay deal gone bad.....

lamarjones · #1 11-27-2006, 03:43 PM

...kinda, here is where I am. I am trying to purchase this.

http://cgi.ebay.com/ws/eBayISAPI.dll...m=290049044245

So, I didn't think to look for the paypal marker, but he does not take paypal. So I go to bank of america and get a cashiers check for the total. Send it to him 2nd day air on ups, they said it was delivered this past wed at 5 to the side door. I didn't think to check the box that says need signature, and I told him it was coming on Wed. He emails me at 11 wed night saying he has not seen it. Next morning I showed him the ups website stating that UPS delivered it, and then called UPS saying that this guy does not have the item. I tried to put a stop payment on the check, they said 30 days. then I say, 'wait, that is ridiculous, it is for over a grand!'. then they say 'woops, then make it 90 days'.

Ok, THE REAL PROBLEM is this guy, he puts in the dispute on ebay saying I have not paid and then after a couple of exchanges tells me that he is going to sell it to the next highest bidder. What the hell? As far as I know, he has the check, and then if he sells that bass and then cashes the check a month and a half down the road, I am totally screwed. So, after he put a 'funds not received' dispute, I put a 'item not received' dispute on him. Hey, as far as I know, HE HAS THAT CHECK.

So, as he proceeds to tell me how much of an idiot I am for using UPS since he 'lives so close to the road, which is why the package blew away', I asked him if that was such a damn problem, why don't he take paypal? IF you are sketched about receiving all these payments through different carrires, then why do you state that is what I have to do?

What the hell do I do? I mean, I was gonna be patient about the whole thing, but if he sells that bass to the second highest bidder, I am soooooo screwed should he find/have that check. and seriously, this guy is not the coolest. Although I do not have real reason to believe he has the check, nor do I believe that, you can see that his one negative feedback is basically him being an ASS, which I can TOTALLY back up.

Edit 12-5: Ups is returning the check (would have been 2 weeks total), we both withdraw neg feedback, and another TBer sent me a casheirs check through priority mail, and usps lost it. When it rains it pours

JBass1 · #2 11-27-2006, 03:49 PM

take all the money out of your account for a few weeks...if he does he'll try to cash it and it wont go through..you ight get in trouble for writing bad checks but if you explain to the authorities your situation im sure it will go alright..assuming he even goes to the authoirties becasue if he cashes teh check that measn he lied to you

180+DecibelBass · #3 11-27-2006, 03:51 PM

That sucks nuts. Well you know where he lives then right?
If anything does happen down the road, then get yourself and some buddies to pay a visit. hehe

allenhumble · #4 11-27-2006, 03:56 PM

That sucks. Keep documents of everything you can. If he cashes the check take him to small claims court. I'm sure there are some talkbass lawyers in here that might be able to give some advise.

bassjam · #5 11-27-2006, 03:56 PM

first thing id do is go to the bank and see what they can do.if you still have the recipt they can tell if it was cashed i think.at any rate id start there.

also,maybe a long shot,but if you can talk to the ups driver he may have a recolection of delivering it.

fenderjazz68 · #6 11-27-2006, 04:10 PM

Quote:

Originally Posted by JBass1

take all the money out of your account for a few weeks...if he does he'll try to cash it and it wont go through..you ight get in trouble for writing bad checks but if you explain to the authorities your situation im sure it will go alright..assuming he even goes to the authoirties becasue if he cashes teh check that measn he lied to you

He sent a cashier check which does not involve money in your acct, the bank has his money in their acct.

fenderjazz68 · #7 11-27-2006, 04:12 PM

Quote:

Originally Posted by bassjam

first thing id do is go to the bank and see what they can do.if you still have the recipt they can tell if it was cashed i think.at any rate id start there.

also,maybe a long shot,but if you can talk to the ups driver he may have a recolection of delivering it.

Yes, they can tell you when it was cashed, if it is, and get a copy of it when it is...

Brad Johnson · #8 11-27-2006, 04:32 PM

I hope you get that resolved in your favor and I'll state the obvious... that's a heck of a deal on a Ken Lawrence.

bassman57 · #9 11-27-2006, 05:07 PM

you know, i have never been burnt on eBay and before i was to sell some bass on eBay, i'd deal here with fellow TB'ers. It's like a brotherhood here and by and large, pretty honest bunch!
Knowing several who have been burnt on eBay, i have learned to do PayPal exclusively and if you need to do a cashiers check or MO, choose a postal MO. First and foremost, before any transaction, talk over the phone and try to get a feel for the person.LEARN TO TRUST YOUR GUT too!

lamarjones · #10 11-27-2006, 05:18 PM

My gut actually tells me that this guy does not have the check and it did get lost.....however my new stance is 'you have my check and are just waiting to sell that bass to the next highest bidder and then cash my check'. Meaning, I can't make it easy or I run the risk of an easy defeat.

UPS tracer is already on route. Started today, should complete Wed. And you know, THAT is what pisses me off, he knows that I talked with UPS about the dispute yet wants his 'money now'. If it wasn't for his impatience, I would be lighter on him....his only feedback is that he was a d!ck, which is honestly my current gripe.

Oh yeah, cashiers check has NOT been cashed yet as of today, and yes I will be checking that often.

Sorry, had to vent, but you guys on my side always makes things better!

barthanatos · #11 11-27-2006, 05:22 PM

Quote:

Originally Posted by lamarjones

What the hell do I do?

Wait the 90 days. Hope he doesn't have the check, and that it doesn't get cashed.

Check doesn't get cashed --> breathe easy. Accept the fact that you missed out on a probably really sweet deal and mark it down as a lesson learned.

Check is cashed --> look into taking legal action.

arbarnhart · #12 11-27-2006, 05:33 PM

Don't know whether you'll think I am the voice of reason or insanity, but I am afraid it is pretty easy to see his side. He has a FB rating of over 99% on nearly 700 transactions so I don't think he is screwing people as a matter of course. I believe that he has not seen the check and probably thinks you are trying to buy time or welch on the deal. Not sending with a method requiring signature confirmation wasn't just a minor oversight; it was a big mistake. If I was in his shoes I am not sure I would believe you.

BTW, if he says he didn't get it and then cashes it, that would not be a civil matter for small claims. It would be criminal fraud. I doubt it will happen. It's always possible someone stole it off his porch and unfortunately that would not be his fault.

I would try to work it out with him if you can float the money until the bank refunds the other (unless it was stolen) and send it by a more reliable method.

guy n. cognito · #13 11-27-2006, 05:44 PM

Ebay sellers are becoming sneakier and sneakier. They have figured out that, in a dispute, Paypal will usually side with the buyer. Ebayers selling questionable goods have starting to require cashiers checks and money orders, knowing that it takes away another avenue of recourse from the seller. It should have been a giant red flag that this guy has 675 transactions and doesn't take paypal.

Feedback is pointless. Many buyers are afraid to leave negative feedback for fear of getting it themselves.

Masher88 · #14 11-27-2006, 05:44 PM

just a quick question: Why are you using UPS to send a check? What's wrong with certified mail? They make sure that the person is there to sign for it or else it doesn't get delivered.

Superconductor · #15 11-27-2006, 05:50 PM

Quote:

Originally Posted by Masher88

just a quick question: Why are you using UPS to send a check? What's wrong with certified mail? They make sure that the person is there to sign for it or else it doesn't get delivered.

Why trust those sketchy postmen?

Hehe, but seriously, hope everything works out for you. That's one hell of a bass.

jvbjr · #16 11-27-2006, 06:00 PM

If he cashes the check for over $1000 without providing the bass, it is fraud and a felony. If such occurs you need to go to your DA's office and file felony charges against him. Had you sent the check via the post office, you could have added mail fraud to the charge.

The check has to be cashed to follow the trail back the casher.

Even if someone else comes upon the check, they cannot use it as it has his name on it. No bank is going to take a cashier's check made out to someone else and cash. The first thing a bank asks for when you want to cash a check is your account number and DL, if you have no account with that bank, they will not talk about cashing the check under any circumstances.

In a nutshell, you are waiting 90 days to file a form to cancel the check, you will probably be out your money for 120 days before the bank returns it to your account. The bass will sell to another person and you might get negative feedback as a deadbeat bidder. Consider this a lesson learned.

I do not take Paypal either, try to resolve a problem with them, good luck! I sold a bass today, the guy wire transfered the funds into my account. If I failed to deliver the bass, he could easily track me down as he has my banking info.

jwsamuel · #17 11-27-2006, 06:19 PM

Quote:

Originally Posted by jvbjr

If I failed to deliver the bass, he could easily track me down as he has my banking info.

And if he wanted to pay for some things with a bank transfer, he has your banking info.

Jim

Bone · #18 11-27-2006, 06:20 PM

Sellers who are doing a lot of Ebay transactions can get a little tired of being dinged twice every time they make a sale. Sell a $500 bass on ebay with 10 pics and ebay gets $17.00 Paypal gets $19.00. Starts to take a bite after about 700 transactions. I sold a Gibson SG last year, about 3 months after the Sale I get a $790.00 chargeback from Paypal. Seems the buyer used his grandmothers Credit Card to make the payment and didn't tell granny. Fortunatly the buyers parents were cool about it and made good on the payment. 120 days later Paypal pays me another $720 on grannys credit card and the whole mess started all over again.

I can see why some people won't take paypal.

barthanatos · #19 11-27-2006, 06:26 PM

Quote:

Originally Posted by jwsamuel

And if he wanted to pay for some things with a bank transfer, he has your banking info.

Jim

It takes a bit more than that.

RWP · #20 11-27-2006, 06:26 PM

This goes without saying but it all sucks. I also have a gut feeling something happened to the check and he does not have it. If he is trying to pull off this big a scam he has balls but would get caught. Sure hope somehow this all works out!