Ebay advice

Tilda

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Ok so I brought a £160~ phone from this person on the 22nd of January:
http://cgi2.ebay.co.uk/aw-cgi/eBayISAPI.dll?ViewFeedback&userid=bling_bling_2004&item=3380080852&frompage=284&de=off&fromasq=1
Sent him the money by cheque.
He cashes the cheque.
Tells me that he gets the phones through where he works and I'll have to wait for orange to release the phone.
He emails me a form asking for details (name adress etc)
I fill it out and return it.
He says the phone should be released by the 16th feb.
It gets the 16th of feb, I email asking whats happening.
He replys "Just waiting for batch of phones, then I can tell if its this week or next "

Since my buying the phone he's turned off his feedback and i'm getting concerned looking at his ID history here which shows him as being suspeneded:
http://cgi3.ebay.co.uk/aw-cgi/eBayISAPI.dll?ReturnUserIdHistory&requested=bling_bling_2004

So, my question is, am I being strung along? Should I start getting heavy, talking to ebay etc or do I talk to him first saying I want the phone by this day or else I talk to ebay?

What are you thoughts,
Regards,
Tilda
 

nath

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Strikes me, he shouldn't have cashed it before he was ready to send the phone. Sounds dodgy..
 

Ch3tan

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It says he is no longer a registered user. I doubt you can do much. Should have probably got more details about the phone and where he was getting it from before you sent the money. But thats hindsight and he could have lied anyway.
 

SilverHood

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Sounds like you got shafted

Keep on trying to contact him though.
And try to contact ebay too, they may be able to give advice regaridng the recovery of money
 

Xavier

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Yes indeedy, sadly it sounds like you've been reamed.

The only real protection you have in such matters would be to use PayPal... :(
 

Tilda

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I should have made it more clear in my post, i'm in "contact" with him, he replys to my emails promptly, I just feel i'm being fobbed off with excuses.
 

Xavier

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He shouldn't have accepted payment or cashed any cheques until he'd taken delivery of the goods to send to you. it's a direct contradiction of eBays rules.

There are traders who sell in this manner, like the guy who shifts TiVos through eBay in batches each month. But he doesn't take payment until he has physical product in his posession. In short he doesn't take you money until he actually has what you're paying for. I don't think this other guy should be any different.

Xav
 

PR.

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/me flinches and avoids the ebay horror stories until he gets his LCD Screen delivered from the bloke on ebay :(
 
J

Jolted

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If you've paid by cheque then you bank will be able to trace the person who cashed it.

If you're dead sure he's conning you, get in touch with the police and your bank and explain the situation.
 

Tilda

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Ok, so I'm thinking that I'll email him to tell him my concerns, any suggestions as to how I should phrase it? I dont want to appear too presumptious, I just want to know whats going on.

Tilda
 

Deadmanwalking

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Alright you littlle cockbadger!

Send me the f**king goods or i'll send the boys round. Little bastard.

Kind regards

......
 

Doh_boy

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Dear Mr <geezer>,
I apologise if the tone of this letter appears to be acusatory (spelling), I assure you that is not the intention.

I have been waiting for recept of the goods purchased from you for <howevermany> days/weeks and I am becoming concerned. Due to the prevalance of 'horror' stories based on buying from ebay I feel the need to voice my concerns.

You have turned off feedback on ebay, are no longer a registered user and haven't, as yet, given me a date to expect delivery. I understand that if you haven't got the phone you cannot give me the phone but I would appreciate any more information that you could give me. I've also had the experience before while purchasing goods from vendors who don't have the product at selling time, in these situations no money has changed hands. I feel this would have been the best course of action, it's a fail-safe against the possibility that you/the seller cannot get the product.

Again, my apologies if this sounds accusatory or threatening. There is truely no malice intended.

Yours

Tilda
-----------------------------------------

I'm rather shite at writing letters though
 

Tilda

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Doh_boy said:
Dear Mr <geezer>,
I apologise if the tone of this letter appears to be acusatory (spelling), I assure you that is not the intention.

I have been waiting for recept of the goods purchased from you for <howevermany> days/weeks and I am becoming concerned. Due to the prevalance of 'horror' stories based on buying from ebay I feel the need to voice my concerns.

You have turned off feedback on ebay, are no longer a registered user and haven't, as yet, given me a date to expect delivery. I understand that if you haven't got the phone you cannot give me the phone but I would appreciate any more information that you could give me. I've also had the experience before while purchasing goods from vendors who don't have the product at selling time, in these situations no money has changed hands. I feel this would have been the best course of action, it's a fail-safe against the possibility that you/the seller cannot get the product.

Again, my apologies if this sounds accusatory or threatening. There is truely no malice intended.

Yours

Tilda
-----------------------------------------

I'm rather shite at writing letters though
Thats a rather awesome letter, thanks a bunch :D
 

Tilda

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Ok i'm a little more convinced, he replyed fast as usual:

Hi

Bottem line is!

A. stick with the order! "When stock comes it will be delivered "I have stated this before this is down to motorola + Orange"

Or

B. Cancel the order but there will be a charge of £25 For all Cancellations. This is down to company i am dealing with not me!



Ok as a good will gesture! If you prefer to cancel? I will give you the details of a company which will sell direct to the public! £115.99

You can see this is a much better deal! even though this company i have used will take £25.00 for all cancallations!!

Im sorry thats the 2 choices! I am being totally honest i am getting very stressed about this myself!! Because this has turned out a nighmare for me + you!!

Regards
Your thoughts on this?
 

Xavier

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Again, under eBays terms and conditions he can't make a cancellation charge unless it's advertised in the auction text.

Xav
 

Lazarus

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Tilda said:
Ok i'm a little more convinced, he replyed fast as usual:


Your thoughts on this?
£160 vs £115.99 ?

Go with the £115.99 - but Im scottish ;)
 

Deadmanwalking

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Lazarus said:
£160 vs £115.99 ?

Go with the £115.99 - but Im scottish ;)
£115.99 plus the £25 he is gonna try and get out of you.

Still, if you can get out of the £25.
 

Lazarus

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Deadmanwalking said:
£115.99 plus the £25 he is gonna try and get out of you.

Still, if you can get out of the £25.
ok simple mathematics for the "Brain"Deadmanwalking :

£115.99 + £25 = £140.99 which in turn is £19.01 pence cheaper :sex:
 

burg

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Kill him. Make an example of what happens if they mess with Tilda.
 

bigbb

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Has he given you the £115 offer company/details so you can check it out? If not, get them before you decide to go with that. Make sure it's safe.
 

nath

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Sounds like he's dicking you around. I'd become very suspicious and/or pissed off.
 

Dawnrider

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Tilda said:
Ok i'm a little more convinced, he replyed fast as usual:
Your thoughts on this?
Sounds like a great big con. Moreover, your contract for buying the phone is with him and not with the company he is dealing with, so any charges that he receives are his problem and not yours. It is the nature of doing business that he should weigh these risks and take them into account with his business model.

You are under no obligation to pay that fee for him at all.

Furthermore, it is *illegal* for him to accept your money prior to good dispatch of the item. For the business I help out, it's a small business and we don't dispatch anything before a cheque clears, but we make bleeding sure that we *can* dispatch it as soon as it does. Inform him that you are aware of this legal issue on his part, and that you understand his delays, but if it is not received 28 days after the auction closed (the 'reasonable' time defined in law for such things), you expect your money back *in full*. If the phone or the money is received back by you in 28 days, you'll forget the entire thing ever happened. If he fails to do so, you will contact your bank, who will be able to obtain his account details (and his bank will have his full contact details + passport/utility bills, etc. on file) and the police.

If you want to play hardball, there you go.
 

Deadmanwalking

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Lazarus said:
ok simple mathematics for the "Brain"Deadmanwalking :

£115.99 + £25 = £140.99 which in turn is £19.01 pence cheaper :sex:
And all the hassle involved? and the fact he may be talking shit about the company... well worth 19 quid.
 

burg

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Dawnrider said:
Sounds like a great big con. Moreover, your contract for buying the phone is with him and not with the company he is dealing with, so any charges that he receives are his problem and not yours. It is the nature of doing business that he should weigh these risks and take them into account with his business model.

You are under no obligation to pay that fee for him at all.

Furthermore, it is *illegal* for him to accept your money prior to good dispatch of the item. For the business I help out, it's a small business and we don't dispatch anything before a cheque clears, but we make bleeding sure that we *can* dispatch it as soon as it does. Inform him that you are aware of this legal issue on his part, and that you understand his delays, but if it is not received 28 days after the auction closed (the 'reasonable' time defined in law for such things), you expect your money back *in full*. If the phone or the money is received back by you in 28 days, you'll forget the entire thing ever happened. If he fails to do so, you will contact your bank, who will be able to obtain his account details (and his bank will have his full contact details + passport/utility bills, etc. on file) and the police.

If you want to play hardball, there you go.
That sounds like the way to go.
 

gmloki

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Tilda.

It looks like the account has been suspended via eBay rather than him closing it. Why has he gone to such lengths to change his id so many times. Sounds very sus to me.

Secondly he cant charge you the £25.00. If it wasnt in the auction add it cant be put it after the event. You would have to consent to it. Basic principles of contract law. If he is going to lose £25.00 thats his fault not yours.

I would maybe insinuate that if it is not sorted in a time frame of your chosing you are more than happy to provide the details to your banks fraud department to reclaim the money. Might focus his efforts a bit more. My wife works for a bank and she said it is relatively quick to sort out.
 

Tilda

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Dear Mr XXXX,

My legal contract for purchasing this phone is with you, not with whichever company you choose to purchase the phone off. Any charges you incur and wish to pass on to me should have been included in the Ebay auction, as they were not, it is not my responsibility to pay for them.

I am aware of the currant shortage of the Motorola v500 phone and the resultant difficulties this may caused you.

Therefore I would like you to refund my money (£166.74) in full within one week from Wednesday the 18th February. If I do not receive my money in full I will be happy to pass your details to my legal representatives.

Regards,
Well I just sent this off to him, I feel a little sorry for him, especially as there have been some problems with orange distributing him but i'm strugling here with no phone :(

Will keep you posted with his response :eek6:

Tilda
 

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