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pawnshop_trash
Gold Member
USA
603 Posts |
 Posted - 01/17/2007 : 07:48:20
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suppose you bid on a pedal on eVILbay, with a final price of about $50 US, and pay for it in full via PayPal the same day the auction ends ...
... when the item arrives, the pedal does not work. assuming the pedal was working when it was shipped, then the seller's grossly negligent packing job clearly led to crush damage in transit, which is why it doesn't work now. (unfortunately, the seller did not offer insurance in their eVILbay checkout form.) ...
... you file a claim thru PayPal, but they want proof it doesn't work, and the repair shops in your area all want at least $75 to even look at something ...
... because you didn't want to dump $75 on top of $50 for a dead pedal, the claim is denied, so you then leave factually based but very negative feedback for the seller, as a warning to potential bidders in the future ...
... the seller, who already took about $50 of your $$ for a defective item, then leaves YOU retaliatory negative feedback, the first negative feedback you've received in over 500 transactions, when all you did was pay on time and later ask the seller to stand behind their service .....
so, what would YOU do?
alternately, what CAN one do (legally!), when the seller keeps your $$ and still leaves negative feedback? I mean, obviously, the seller is a complete and total ba$t@rd, but after receiving (eBay feedback) insult to (financial) injury, what can one do?  |
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jack
Platinum Member
USA
1418 Posts |
Posted - 01/17/2007 : 08:28:09
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Thats a tough one because if it was an interstate transaction, then there may be differences in commerce laws between states, and you're looking at legal fees that may be well over the cost of the $50 pedal and $75 dollar "looking" fee. However, if you got the item through USPS, even without insurance, you might be able to get him with mail fraud. Also, I just thought of this, look into various comerce and mail fraud laws cause I think it is a Federal offense to use the postal service in any sort of fraud or criminal activity. I'm not saying you have to take it to this level, but maybe the threat of it may get the results you desire. Just a few things I thought of off the top of my head as I can tell you are bummed man.
As far as eBay rep, as a buyer, I've never let a few negatives keep me from buying an item, unless they are several recent ones, and even then, I take a look at the supposed offenses and see if it seems like something one sided, or a legitimate issue. I never let negative feedbacks turn me off though, unless a seller somehow averages more than 1-3 negatives per day over a one month period, depending on how many total transcations they do in a month, and if they are a store or individual. Your percentage should still be okay after as many transactions as you've had, so I wouldn't worry about that. If you are really worried about it, just use BIN or something to get a few greens in between the red. |
Edited by - jack on 01/17/2007 08:31:18 |
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stratman
Silver Member
Australia
283 Posts |
Posted - 01/17/2007 : 11:20:36
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Yeah, that really sucks pawnshop_trash.
First thing I'd do is go to the eBay forums. In particular, this one:
http://forums.ebay.com/db2/forum.jspa?forumID=113
It's the "Feedback" forum and the regular posters on there are very knowledgable. The call themselves the "Feedies".
BUT, A WORD OF WARNING!!!! Don't go ranting on (NOT that you are doing it here, mind you!) about how you got a "retaliatory" negative FB. They'll eat you for breakfast. Even if you didn't actually try to contact the buyer, make up a little "white lie" impying that you did - or they'll DEFINITELY eat you for breakfast.
Another tip... register yourself another ID just to post on here if you fear you might jeapordise your real account (they tend to come down real hard on people complaining about sellers and add you to their PITA lists - "Pain In The A$#%- plus just start hurling insults - it's actually quite amusing really!  ) Much safer to register another account for the forums.
They'll also say that -ve FB doesn't hurt a buyer - which is pretty much true and they'll suggest that you open a buyer only account (if you currently sell on the same account) so you don't have to "fear negative feedback", as they put it. Negs look much worse for sellers than for buyers but, as jack said, you can usually pick the retaliatory responses anyway.
Anyway they offer the best advice on how to go about filing complaints with eBay as well as PayPal. They know all the rules, time limits etc. That's the main reason for visiting there.
Ask for their advice, just don't get into an argument on retaliatory feedback.
I would recommend it as worth a try. Good luck! |
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StratoSphere
Double Platinum Member
Canada
2232 Posts |
Posted - 01/17/2007 : 13:36:02
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what to do in this situation
1. turn around
2. undo belt, unzip pants
3. pull pants down to ankles
4. bend over. i suggest over something at about waist height such as a desk or kitchen table
5. take the sellers/ebays/paypals/the feedback systems dick in your ass
6. pull up your pants
7. calmly walk away knowing that you just got totally screwed by everybody, that the seller probably spent your 50 bucks on asian hookers, and ebay/paypal doesnt give a flying shit about your problem.
8. just put this experience behind you and move on
if you can follow these 8 simple rules, you will be feeling better in no time. |
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Dr. Bob
Moderator
Australia
6593 Posts |
Posted - 01/17/2007 : 15:10:39
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Hey Stratosphere
it's normally a 12 step plan.
You're kinda, missing 4 steps
Regards Dr. Bob  |
Edited by - Dr. Bob on 01/17/2007 15:11:48 |
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starr36
Platinum Member
Canada
1172 Posts |
Posted - 01/17/2007 : 16:33:13
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USE EBAY GET CONTACT INFO AND PHONE THE GUY. YOU WILL GET RESULTS BY TELEPHONE FOR SURE.
FIND OUT HIS ZIP CODE AND CALL THE LOCAL POLICE; YOU MAY BE LUCKY HE LIVES IN A SMALL VILLAGE AND THE COPS HAVE NOTHING TO DO BUT CRACK DOWN ON EBAY ROAs. IT WORKED FOR ME!!! |
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pawnshop_trash
Gold Member
USA
603 Posts |
Posted - 01/17/2007 : 16:41:04
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thank you for the suggestions! (and I like you StratoSphere, but just FWIW, you should probably never seek a career as a motivational speaker. as a comedian, perhaps, but not as a motivational speaker.  )
I've since followed up with fraud claims thru eBay, and started a squaretrade claim (which could result in the seller's retaliatory feedback being withdrawn). if it's successful, I'll let everyone know. I might also contact the seller's local 'better business bureau', but I have a sneaking suspicion they won't care.
and granted, there are far worse things to get worked up over, but since the seller escalated his simple ripoff into something personal, I'll play along (isn't this a corollary of 'the golden rule'?). if it gets that seller shut down, it would be worth the minimal time required. and like Tolstoy said, "vengeance is mine, and I will repay." 
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Big Boss Man
Gold Member
USA
564 Posts |
Posted - 01/17/2007 : 18:00:22
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So was the pedal definitely damaged while shipping or do you suspect the seller sent you a defective pedal intentionally? How was it shipped? Everything shipped by UPS is automatically insured for $100. If it was poorly packaged, they might not honor a claim though. It might also be too late anyway.
I don't know that you are going to have much luck going after the seller. He sent you something and it does not work. It is impossible to prove when the pedal stopped working or what caused the failure. Best you could hope for is to get the negative retaliatory feedback removed. That is worth the effort. |
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mattoqua
Silver Member
Canada
438 Posts |
Posted - 01/17/2007 : 19:47:35
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I would go through paypal. Send them a audio file of the pedal "working".
If that doesnt work, i would just piss the hell out of the seller.
I hear people make fake accounts, buy up all the sellers stuff, and just leave negatives all over...not that i would do that 
I would just keep emailing him until he agrees to refund fully, and pay for shipping on the way back if he wants the pedal back.
Ive had some trouble with ebay in the past, and i always end up getting my way. Just takes time.
Also, its good not to leave the feedback until youve tried it out fully. If its left, its looked at like a closed deal (negative=deal over, and you accepted geting fucked). Just dont post anything (until your happy), and for sure start a paypal claim before the 45days (even if you havent recieved the item) |
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jack
Platinum Member
USA
1418 Posts |
Posted - 01/17/2007 : 19:59:56
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quote:
Originally posted by Dr. Bob
Hey Stratosphere
it's normally a 12 step plan.
You're kinda, missing 4 steps
Regards Dr. Bob
I think the "reach-around" is one of the missing steps... |
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StratoSphere
Double Platinum Member
Canada
2232 Posts |
Posted - 01/17/2007 : 23:57:41
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theres usually 12 steps but this ones only an 8 stepper.
"StratoSphere's Ebay Road To Recovery Program"
in stores now.. |
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Big Boss Man
Gold Member
USA
564 Posts |
Posted - 01/18/2007 : 03:08:05
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| StratoSphere, you should sell your program on ebay. My copy better not get damaged in shipping though. |
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StratoSphere
Double Platinum Member
Canada
2232 Posts |
Posted - 01/18/2007 : 13:32:22
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| i use bubble wrap |
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Dr. Bob
Moderator
Australia
6593 Posts |
Posted - 01/18/2007 : 14:00:58
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quote:
Originally posted by StratoSphere
i use bubble wrap
Hi StratoSphere
Kinky Dude...
Oh sorry....... you meant to wrap up pedals.  Sorry.
Regards Dr. Bob |
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jack
Platinum Member
USA
1418 Posts |
Posted - 01/18/2007 : 16:53:48
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quote:
Originally posted by Dr. Bob
quote:
Originally posted by StratoSphere
i use bubble wrap
Hi StratoSphere
Kinky Dude...
Oh sorry....... you meant to wrap up pedals. Sorry.
Regards Dr. Bob
Its funny you guys mention this as I had to buy some bubble wrap earlier this week, and the guy at the register was giving me this look like he was thinking I was going to use the bubble wrap for something other than wrapping up items for shipment. I mean I probably should have pulled up my pants before going to the register...Seriously though, as soon as I saw the look this I immediately thought "this guy thinks I f*ck bubble wrap". |
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guirat
Silver Member
United Kingdom
186 Posts |
Posted - 01/18/2007 : 18:02:41
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Well, there's probably internet sites where people wear it or something, maybe that shop assistant had visited them.
I got a pedal that was in a sort of 'giant bubble wrap' - much better than the standard wrap. The pedal was literally suspended in the middle of the parcelbox with at least a couple of inches of cushioning all around it, best packing I've seen.
On the subject of funny looks in shops, I had to buy about a dozen litre bottles of concentrated bleach (to bleach yellowed nylon bike wheels back to white). I got a look from the checkout person, in that quantity it's probably on a watch list along with fertiliser 
Reading this thread, I realise I'm probably too soft when it comes to Ebay purchases. For my first ever purchase I was sent junk, and just put it down to experience because I never asked questions before buying. I've been lucky since, though there's a couple of pedals I have bought that although they did fit the description, had defects that really should have been disclosed. I couldn't list things that way myself. |
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Topic |
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screwed over - what would you do?
