I'm stuck in a BAD Ebay situation...

Taylor Livingston · #1 02-11-2008, 02:34 PM

About two months ago, I sold a Mesa Walkabout on ebay. I never heard from the guy after I sent it, so I figured he's just the type who doesn't leave feedback, that's fine. In my experience, if anything even slightly weird happens in an ebay deal, you will hear about it immediately, so when somebody doesn't email or leave feedback, I take it to mean everything's cool, case closed.

So just now, 2 months later, I hear from the buyer, who says the amp was not working when he got it. He took it to a tech, who said the preamp and output were broken, and fixing it will be about $200. Now, I played through the amp earlier the day I sent it out, and it was in perfect working order. I had been using this amp regularly for about a year and a half with no trouble. I know that it was working perfectly when I sent it. He does not know that, of course, and there's no way for me to prove that to him. OTOH, I have no way of knowing if this guy broke the amp the other day, or if it was broken during shipping. since it has been two months since he got it, UPS would not honor a claim.

So, I'm stuck. I can't prove that I sent it working, and he can't prove that he got it broken. I can't claim with UPS. I have 100% positive feedback, and I do not want to pay $200 obviously (I'm broke, in fact, so I don't even have that $200). What can I do? What is the right thing to do here? Is it my duty to pay him the money, even though the damage was not my fault?

MJ5150 · #2 02-11-2008, 02:42 PM

You don't owe the dude anything after 60 days. For future reference, make sure all of your auctions say "as-is, no warranty". E-mail him a copy of the rules for filing a claim with UPS and let him know he missed his shot to file a claim. Maybe even ask him why he waited two months to use the amp he bought from you.

-Mike

Stinsok · #3 02-11-2008, 02:42 PM

2 months? No way. If I recieved an amp with a problem I would report it in 2 minutes, as would everyone else on this board. He has had waaaaaaay more than enough time to discover any issues with the amp. I would tell that to Paypal and Ebay. He broke it.

SRT80 · #4 02-11-2008, 02:42 PM

in my opinion. if the amp was broke when he got it, why did he wait 2 months to let you know. He should have told you as soon as he recieved it. Ebay sucks in that area. I had someone lie and leave me neg. feedback because I left them neg. I paid through paypal and all but yet they said I didn't. I had proof from paypal I paid and ebay wouldnt do nothing about it...

Steve

MJ5150 · #5 02-11-2008, 02:50 PM

Oh yeah, this dude could get PayPal or his CC company involved. You may end up getting hosed in this deal.

Clean out your PayPal account right now and close it before this dude gets your amp and his money back.

-Mike

mjolnir · #6 02-11-2008, 03:00 PM

You're not at fault here. Don't sweat it too bad.

Taylor Livingston · #7 02-11-2008, 03:08 PM

Well, I know I'm not at fault, but I have no way to prove that, that's why I'm stressing.

mjolnir · #8 02-11-2008, 03:09 PM

The guy threatening legal action?

Taylor Livingston · #9 02-11-2008, 03:15 PM

It hasn't gotten to that point yet. He just emailed me about an hour ago.

SRT80 · #10 02-11-2008, 03:20 PM

i still think you should be fine other than you might get a bad mark on your feedback. And at least you can reply to it and explain the situation with buyer complaining 2 months later. That would be no different than me buyin' somethin' and deciding I don't like it and wait 2-3 months then complain after I decide I don't like it or I break it.

Steve

guitfiddle0409 · #11 02-11-2008, 03:22 PM

I guess you could always blow him off, get the negative feedback, and then never do any serious buying or selling on evilBay again. I only use them for hard to get bass strings anymore.

Trevor.A · #12 02-11-2008, 03:37 PM

Quote:

Originally Posted by conical johnson

Well, I know I'm not at fault, but I have no way to prove that, that's why I'm stressing.

imo YOU don't have to prove anything. He's had it for 2 months, how's he gonna prove that he wasn't the one who broke it? 60 days is way too long for a claim anyway. Somethings up... if it arrived broken he would've at least contacted you. I think that's enough proof that this wasn't your fault.

Vandelay · #13 02-11-2008, 03:54 PM

I think this is the relevant eBay policy, it says that a dispute needs to be filed within 60 days.
http://pages.ebay.com/help/tp/inr-snad-process.html

Beyond that, I don't think you should feel responsible to do anything.

Taylor Livingston · #14 02-11-2008, 04:13 PM

Sadly, today is a week short of 60 days.

incognito89x · #15 02-11-2008, 04:21 PM

Quote:

Originally Posted by conical johnson

Sadly, today is a week short of 60 days.

Sounds like a set-up. Try to drag it out past the 60 day point before he tries anything funny.

bongomania · #16 02-11-2008, 04:43 PM

Quote:

Originally Posted by incognito89x

Sounds like a set-up.

+1, that's a known scam tactic, to wait until just before the deadline to make a complaint, which gives them time to neg you but doesn't leave you enough time to go through any resolution process.

If the package was insured, and if it's within the timeline for filing a claim with UPS, then you can play the same game. Tell him you'll file a claim with UPS, and you'll refund his money as soon as UPS has found the claim in your favor and paid the damages. In order for them to do that, they have to pick up the goods on his end, in the exact same packaging it arrived in. Let him stew in that, and if he cries tell him this could have been resolved positively if he had reported the damage as soon as he discovered it.

thesteve · #17 02-11-2008, 04:48 PM

Quote:

Originally Posted by bongomania

+1, that's a known scam tactic, to wait until just before the deadline to make a complaint, which gives them time to neg you but doesn't leave you enough time to go through any resolution process.

If the package was insured, and if it's within the timeline for filing a claim with UPS, then you can play the same game. Tell him you'll file a claim with UPS, and you'll refund his money as soon as UPS has found the claim in your favor and paid the damages. In order for them to do that, they have to pick up the goods on his end, in the exact same packaging it arrived in. Let him stew in that, and if he cries tell him this could have been resolved positively if he had reported the damage as soon as he discovered it.

good advice...Do what you can to protect yourself. 60 days is ridiculous. When I buy something from eBay or whatever, I try it out within 48 hours.

fenderhutz · #18 02-11-2008, 04:51 PM

I just went through the same thing for a non E-Bay tranasaction but was on the other end.

Your only recourse is if you didn't list in the sale you don't have a return policy.

Also, paypal won't reverse the transaction UNLESS the item was SIGNIFICANTLY other than described and he will have to post proof.

snappytom · #19 02-11-2008, 06:39 PM

It sure sounds like a scam. You are just hearing now that it did not work when he got it 7 weeks ago ? That's just too fishy.

From your post, looks like he wants $200. Who is the "tech" that looked at it ? If you are going to respond, tell him you want a copy of the repair estimate, on letterhead of the company the "tech" works for, with the written details of what is to be repaired, and let him know that you will be contacting them directly to discuss their findings.

He could fabricate the documents or have a friend who actually is in the business, but ultimately you should be able to verify what he is saying through the repair shop.

Personally, I would just blow him off completely or string him along until he cannot leave feedback which is generally 90 days .... but maybe longer;
http://pages.ebay.com/help/feedback/...-feedback.html

Spector_Ray · #20 02-11-2008, 07:12 PM

Quote:

Originally Posted by snappytom

It sure sounds like a scam. You are just hearing now that it did not work when he got it 7 weeks ago ? That's just too fishy.

From your post, looks like he wants $200. Who is the "tech" that looked at it ? If you are going to respond, tell him you want a copy of the repair estimate, on letterhead of the company the "tech" works for, with the written details of what is to be repaired, and let him know that you will be contacting them directly to discuss their findings.

He could fabricate the documents or have a friend who actually is in the business, but ultimately you should be able to verify what he is saying through the repair shop.

Personally, I would just blow him off completely or string him along until he cannot leave feedback which is generally 90 days .... but maybe longer;
http://pages.ebay.com/help/feedback/...-feedback.html

Great idea. Tell him you want him to mail you an itemized estimate from the tech on the tech's letterhead so you can go over the figures for parts and such. It'll take a letter several days to get to you, then tell him the letter took longer than expected to arrive(damned post office!

). Then blow him off, but in short, you don't owe a thing.