So now I have an ebay problem with a stupid buyer.. argh

[Ice2Dragon]

So I sold this for my parent.

http://cgi.ebay.com/Samsung-Alltel-Hue-almost-brand-new-Used-once_W0QQitemZ120200540834QQihZ002QQcategoryZ64355 QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

She said she barely used it, and hell the phone is free now with certain plans at Alltell.

So the buyer contacts me after a week and a half of receiving the pos.

Claims "The phone was used for 26 hours, and had 270 calls, I want either 40 bucks of my refund back or Im filing a dispute and getting my money back and the phone"

Im like.... huh..? I replied nicely back stating " I had absolutely no idea how much the phone was used, my mother had it for no more than 4 days before she gave it to me to sell it.. (she talks a LOT).. she said she barely used it.. she said at most ten calls.. and everytime she put it away neatly. The phone had no smudges, scratches what so ever, what is the big deal about how many hours and minutes and calls were used? It was like new as the auction said! You got a phone that retails for 300 for 160.. Just activate the phone and move on"

Who the hell goes through the time to see how many hours and calls were made? Like I honestly knew how many were made @_@

So Am I okay if he files a paypal or ebay dispute?

[musics_muse]

So I sold this for my parent.

http://cgi.ebay.com/Samsung-Alltel-Hue-almost-brand-new-Used-once_W0QQitemZ120200540834QQihZ002QQcategoryZ64355 QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

She said she barely used it, and hell the phone is free now with certain plans at Alltell.

So the buyer contacts me after a week and a half of receiving the pos.

Claims "The phone was used for 26 hours, and had 270 calls, I want either 40 bucks of my refund back or Im filing a dispute and getting my money back and the phone"

Im like.... huh..? I replied nicely back stating " I had absolutely no idea how much the phone was used, my mother had it for no more than 4 days before she gave it to me to sell it.. (she talks a LOT).. she said she barely used it.. she said at most ten calls.. and everytime she put it away neatly. The phone had no smudges, scratches what so ever, what is the big deal about how many hours and minutes and calls were used? It was like new as the auction said! You got a phone that retails for 300 for 160.. Just activate the phone and move on"

Who the hell goes through the time to see how many hours and calls were made? Like I honestly knew how many were made @_@

So Am I okay if he files a paypal or ebay dispute?

i ebay a lot...so there are a couple of things that could happen:

1) hope that this guy doesnt file an ebay dispute (which ive had people complain and threaten to do before, but then they end up not doing it...) sometimes they do this because they figure out that they can get a better deal somewhere else and they're trying to play you. then if it dont work, they give up and disappear (yes!)

2) they file an ebay complaint. i was gonna say, if you had put "barely used" on the ebay auction then youre in the green because then, who really can say what "barely used" is? but then you put "brand new" and "used once." i think with ebay this IS grounds for wrong description on an item. (ie, when you file a dispute it gives the buyer options as to why they're filing, and one of the choices is "item received was different from item described.")

yeah the dude DOES sound like a tool...i mean if it looked brand new and no cosmetic scratches, then who really cares right? what can i say, people have nothing else to do than look up call lengths on cell phones they bought on ebay :)

so i hope it works out for you. maybe the guy would understand your explanation about your mom and "fogedaboutit".

[Ice2Dragon]

i ebay a lot...so there are a couple of things that could happen:

1) hope that this guy doesnt file an ebay dispute (which ive had people complain and threaten to do before, but then they end up not doing it...) sometimes they do this because they figure out that they can get a better deal somewhere else and they're trying to play you. then if it dont work, they give up and disappear (yes!)

2) they file an ebay complaint. i was gonna say, if you had put "barely used" on the ebay auction then youre in the green because then, who really can say what "barely used" is? but then you put "brand new" and "used once." i think with ebay this IS grounds for wrong description on an item. (ie, when you file a dispute it gives the buyer options as to why they're filing, and one of the choices is "item received was different from item described.")

yeah the dude DOES sound like a tool...i mean if it looked brand new and no cosmetic scratches, then who really cares right? what can i say, people have nothing else to do than look up call lengths on cell phones they bought on ebay :)

so i hope it works out for you. maybe the guy would understand your explanation about your mom and "fogedaboutit".

I put "almost brand new", it was a phone my mother had for 3 freaking days! She said she barely used it, if at all. She called me once, and the other calls she said were to alltell cuz her reception was terrible with them, she filled over 20 trouble tickets with the company in three days :(

I dont get what the hell the big deal is with the winner? I mean seriously? You got a phone for much cheaper than retail, its like new, barely used. "26 hours" which is total bs, for a cell phone these days, is still barely used.

Hopefully hell just drop it.. This is why I hate ebay..

[Kendro]

The buyer would win a PayPal claim easily in my opinion. You labeled the product as "brand new and used once." I personally wouldn't give two shits if I bought a phone and it has 2 hours of talk or 22 hours of talk, but I can't see how you see yourself as the victim in this situation.

[mike.m]

I put "almost brand new", it was a phone my mother had for 3 freaking days! She said she barely used it, if at all. She called me once, and the other calls she said were to alltell cuz her reception was terrible with them, she filled over 20 trouble tickets with the company in three days :(

I dont get what the hell the big deal is with the winner? I mean seriously? You got a phone for much cheaper than retail, its like new, barely used. "26 hours" which is total bs, for a cell phone these days, is still barely used.

Hopefully hell just drop it.. This is why I hate ebay..

Honestly, You have to be very careful how you word your titles and descriptions.

Sure you put almost brand new in the title. But in the description you put, YOU ARE BIDDING ON A BRAND NEW ALLTEL HUE PHONE.

You also have to realize that people don't read everything, whether its the title or the descriptions. Do you know how many times I get people trying to send me unconfirmed paypal payments when I specifically state that is not an option?

More than likely your best option is to come to a reasonable conclusion with the buyer. I think if this went to an Ebay mediator that it really could go either way. You're description is borderline deceptive, even if that wasn't your intent.

[bigdaddybruce44]

The buyer would win a PayPal claim easily in my opinion. You labeled the product as "brand new and used once." I personally wouldn't give two shits if I bought a phone and it has 2 hours of talk or 22 hours of talk, but I can't see how you see yourself as the victim in this situation.

I agree 100%. I wouldn't care, either, but obviously your buyer does, and the product is not as described, apparently.

[judyjudyjudy]

I think your description is confusing and I guess inaccurate, so I also think the buyer would win the dispute. However, you're under no obligation to give him a partial refund, and he can't get a full refund until he ships the phone back to you.

[mike.m]

I think your description is confusing and I guess inaccurate, so I also think the buyer would win the dispute. However, you're under no obligation to give him a partial refund, and he can't get a full refund until he ships the phone back to you.

That's what I would do if you just want it resolved painlessly. I'd have him send the phone back and then you refund him the money MINUS any fees after you get it.

[Ice2Dragon]

I agree the wording was poor.. when the girlfriend gets home well have a talk about her wording and have her deal with the buyer since she put it on ebay ---V

its not like she intentionally tried to mis lead people, I have 100 percent feedback and never a problem once.. I dont get what the buyers big deal is?

[Caliburn]

I'm in agreement with Kendro and mike. Cosmetically it may look great. Can the buyer prove their claim too?

In any case, they'll most likely win the dispute, especially since their FB history doesn't indicate anything awry.

Here's hoping he'll forget or drop it, but be prepared for a negative and possible chargeback. 58 positives and 1 negative could kill you since that's a high ratio on eBay.

Also you said in your description:
"YOU ARE BIDDING ON A BRAND NEW ALLTEL HUE PHONE. IT WAS ONLY USED ONCE."

Does your mom still have the bill or records of calls for that month to verify the buyer's accusation?

[Ice2Dragon]

I'm in agreement with Kendro and mike. Cosmetically it may look great. Can the buyer prove their claim too?

In any case, they'll most likely win the dispute, especially since their FB history doesn't indicate anything awry.

Here's hoping he'll forget or drop it, but be prepared for a negative and possible chargeback. 58 positives and 1 negative could kill you since that's a high ratio on eBay.

Also you said in your description:
"YOU ARE BIDDING ON A BRAND NEW ALLTEL HUE PHONE. IT WAS ONLY USED ONCE."

Does your mom still have the bill or records of calls for that month to verify the buyer's accusation?

Yup. she made ten calls, one to me, 9 to the cell phone company for 5 + hours total for help with the towers in the area @_@

[mike.m]

I agree the wording was poor.. when the girlfriend gets home well have a talk about her wording and have her deal with the buyer since she put it on ebay ---V

its not like she intentionally tried to mis lead people, I have 100 percent feedback and never a problem once.. I dont get what the buyers big deal is?
And that my friends is why you don't send a woman to do a man's job. ;)

Seriously though, the ebay ad said brand new. I'm not sure how you can not understand that he might have an issue with that. Even if it 'looks' perfect. Is it kind of a ticky tack thing, maybe, but it was advertised as pretty much brand new and from the prices they paid almost a brand new price for it.

[Velocity616]

Bottom line, you lied... period, end of story. If you meant to lie it is intentional, if you PURPOSEFULLY made up the information rather than verifiy it... its... still a lie.

It was NOT new, it was NOT used 'once', and you are freely admitting it to the buyer, and everyone here.

I can GUARANTEE that you would be the first person to stand up and complain if you bought a 'new' phone from a store, and found out it was not new.

You OPINION doesnt matter, it doesnt matter if the guy actually IS a tool, and your amazing LACK of information about how long the phone was used when you are called on it, but your COMPLETE ability to LIE about it when it suits your purpose actually doesnt even matter.

Bottom line, the phone said 'used once', and it said it was 'brand new'. And NEITHER of those things are true, and both can easily be refuted.

Legally you dont have a leg to stand on, settle it or you risk being banned from ebay for fraud.

[Caliburn]

Yup. she made ten calls, one to me, 9 to the cell phone company for 5 + hours total for help with the towers in the area @_@

In that case, use that as evidence during the dispute. You don't know where he began finding 20+ hours of use. You can't see which other auctions he won recently with no recorded feedback so maybe he bought two similar phones and is confusing yours with another auction's.

[Ice2Dragon]

In that case, use that as evidence during the dispute. You don't know where he began finding 20+ hours of use. You can't see which other auctions he won recently with no recorded feedback so maybe he bought two similar phones and is confusing yours with another auction's.


I just dont get how the hell you could find out how many hours were used previously?

isnt that invasion of privacy? She cancelled the phone two weeks ago, and there shouldnt be any record of the calls.

Basically meaning alltell violated terms of use by giving them the amount of hours that were in the phone, or the buyer is just making it up.

I honestly think the buyer is just angry that the phones are much cheaper than they were two weeks ago -_-V

[Velocity616]

well, I'd be mad that you lied and said the phone was used once and was 'brand new'.

He doesnt need MORE reasons to be mad, because you ripped him off.

There is a reason what you did looks like fraud, smells like fraud, reads like fraud, and would be treated as fraud.... because what you did is the DEFINITION of fraud.

Just in case you need it:

fraud [frawd]
(plural frauds)
noun
1. crime of cheating somebody: the crime of obtaining money or some other benefit by deliberate deception
2. somebody who deceives: somebody who deliberately deceives somebody else, usually for financial gain
3. something intended to deceive: something that is intended to deceive people
Microsoft® Encarta® 2008. © 1993-2007 Microsoft Corporation. All rights reserved.

[musics_muse]

Bottom line, you lied... period, end of story. If you meant to lie it is intentional, if you PURPOSEFULLY made up the information rather than verifiy it... its... still a lie.

It was NOT new, it was NOT used 'once', and you are freely admitting it to the buyer, and everyone here.

I can GUARANTEE that you would be the first person to stand up and complain if you bought a 'new' phone from a store, and found out it was not new.

You OPINION doesnt matter, it doesnt matter if the guy actually IS a tool, and your amazing LACK of information about how long the phone was used when you are called on it, but your COMPLETE ability to LIE about it when it suits your purpose actually doesnt even matter.

Bottom line, the phone said 'used once', and it said it was 'brand new'. And NEITHER of those things are true, and both can easily be refuted.

Legally you dont have a leg to stand on, settle it or you risk being banned from ebay for fraud.

nah, ebay's really slow on catching people for "fraud". ive been ebaying for over five years. ive been a victim of fraud on ebay, took forever to get my money back. (we had to get the state of california brought in because the guy wouldnt give back any of the buyers' money!) one misleading auction on ebaying won't ban you (im willing to bet out of the many people who put up auctions a big chunk of them are "misleading"). the most he'll probably get is a slap on the hand.

[musics_muse]

fraud [frawd]
(plural frauds)
noun
1. crime of cheating somebody: the crime of obtaining money or some other benefit by deliberate deception
2. somebody who deceives: somebody who deliberately deceives somebody else, usually for financial gain
3. something intended to deceive: something that is intended to deceive people
Microsoft® Encarta® 2008. © 1993-2007 Microsoft Corporation. All rights reserved.
the guy already said he didnt INTEND to deceive. whether or not it's true, we never know...we could only go by his word. therefore, going by the third definition, no it is NOT fraud, considering he did not INTEND to deceive anyone.

read your posts before posting, mah friend.

my paranoid self is curious as to why you seem so heated in this debate?

[davo1224]

All cell phones have a call/life timer. So far my phone has been used for 811 hours.

Even though it wasn't your fault, your girlfriend is like one of those dumb broads on Craigslist that says something was used once just to beef up the notion that it truly was like brand new when that isn't the case. Think about your condition vs. use argument using a car analogy. Someone might sell you a brand new looking Mustang but what if it has 100,000 miles already on it? You'd of course be pissed off.

[JLazzuri]

Well, either the buyer is a complete moron, or he really thinks he's going to win the dispute because he just bought the same phone in another auction just about 2 hours ago for about $13 more than he bought it from you.

[musics_muse]

Well, either the buyer is a complete moron, or he really thinks he's going to win the dispute becuase he just bought the same phone in another auction just about 2 hours ago for about $13 more than he bought it from you.

man im gonna have to give you mad props for that.

[Ice2Dragon]

man im gonna have to give you mad props for that.

NICE

See? I think hes just trying to get some money back. My girlfriend and I talked and she didnt know honestly. Its not intentional at all :(

What a loser -_-V

[Velocity616]

If it was not intentional... but you KNOW that you MISLED the guy.. because the phone was NOT new, and was NOT used once...


umm, why is this so hard for you? Give the guy his money back, and relist it with the CORRECT information.


Go read Ebay's terms of service, here you go, in case you cant find it.

http://pages.ebay.com/help/policies/listing-ov.html



You DID intend to describe the item to your best possible advantage, and you DID intend on trying to sell it as 'USED ONCE', when you know it was not used once, it was used for 5 some hours, 10 some calls.

Give the guy his money back, and relist it. How is that so hard? Or, risk the fact that Ebay will list it as seller fraud and deal with the consequences.

[hufferstl]

this is why I won't put anything on ebay up that isn't mine and I can take 100% responsibility for. My 292 100% feedback is worth too much to risk it.

Good luck with this, but I would say it looks like you should just give him the $40 refund so that it goes away. You probably don't want to deal with selling the phone again.

[Squarehard]

if you check out his previous purchases they were all on samsung products, so i guess this guys just freaking out that the phone he was ready to get with all the accessories he bought to go along with his "like new" phone. i think this guy just needs to get a life ~_~

[Velocity616]

the guy already said he didnt INTEND to deceive. whether or not it's true, we never know...we could only go by his word. therefore, going by the third definition, no it is NOT fraud, considering he did not INTEND to deceive anyone.

read your posts before posting, mah friend.

my paranoid self is curious as to why you seem so heated in this debate?

Hey, tough guy. Guess what, your opinion has NO BEARING what so ever in a court of law.

Intent has to be proven or ruled out, and that is done in arbitration or by a judge. The seller says that he never intended to mislead the buyer, but did EVERYTHING in his power to do EXACTLY that. Just cuz he says, 'hey, i didnt intend it', does NOT mean there was no fraud, or there wouldnt be anyone in jail, would there? They could all just say 'nu uh, I didnt do it'.

He could have listed it as being used for 10 some calls, and he didnt really know how much his mom had used it. He could have made sure he did NOT break Ebay's policy by listing in the description that it was 'brand new'. He could have simply given the guy a refund or a reduction in price due to the OBVIOUS case of misunderstanding DUE to his misleading and fraudulent item description.

Since it isnt hard to find people on the internet, all they need is this thread to see the guy call the seller a 'tool', and basically harrass the guy for VERIFYING that his listing was fraudulant. Notice, he never actually claims the phone WAS new, nor does he claim that description was valid. Hence, he knows damn well the description was wrong, but choose to simply let it go and hope he didnt get caught. That, my friend, is fraud.

His mistake, lies, deception, and/or deliberate fraud means someone gets screwed, tough luck? Thank god the US justice system, consumer protection laws, AND Ebay's policies were not made by you.


(on a side note, if TWO of the definitions of the word fit PERFECTLY, and the third only misses by one word in the sentence, that does not actually rule OUT the entire concept as false. In actuality, thats why they have multiple definitions for the SAME WORD, because the word means ALL THREE. Another win for the public school system... sigh)

[MrDubbs]

wether or not the buyer is a "Moron" or not, he has grounds for a dispute

I'm not saying I agree with the buyer

you claim it's "brand new" "used once" (twice), however it's listed in the "used" category on Ebay.

So that one could go ether way with a dispute, but more so the buyer I would say about 47-53

The big thing that will lose you a dispute is the USED ONCE that's written in the title as well as the description.

1. by your own words, you tell the buyer that he/she is essentally correct on the timer (she made ten calls). That's used more then once
2. The buyer can provide pics of the phones timer etc
3. The phone "technically" doesn't fit the discription, no matter how minor a difference it is.

Personally, I wouldn't care if the phone had xx hours on it, but the buyer sadly to say will have a case

[worx]

A little off track - in the event you do have to take the phone back - verify that its the same phone you sent. I sold a buyer a Blackberry Pearl - she said it didnt work, filed a PayPal claim, I took it back very pleasantly - it arrives - different Blackberry Pearl - not even the same color. :roll: Huge hassle that ended up with me eating the cost to get the phone she sent me switched out under my warranty. PayPal was naturally no help since it showed a package being delivered to me that was "appropriate weight and size"

[worx]

Hey, tough guy. Guess what, your opinion has NO BEARING what so ever in a court of law.

Intent has to be proven or ruled out, and that is done in arbitration or by a judge. The seller says that he never intended to mislead the buyer, but did EVERYTHING in his power to do EXACTLY that. Just cuz he says, 'hey, i didnt intend it', does NOT mean there was no fraud, or there wouldnt be anyone in jail, would there? They could all just say 'nu uh, I didnt do it'.

He could have listed it as being used for 10 some calls, and he didnt really know how much his mom had used it. He could have made sure he did NOT break Ebay's policy by listing in the description that it was 'brand new'. He could have simply given the guy a refund or a reduction in price due to the OBVIOUS case of misunderstanding DUE to his misleading and fraudulent item description.

Since it isnt hard to find people on the internet, all they need is this thread to see the guy call the seller a 'tool', and basically harrass the guy for VERIFYING that his listing was fraudulant. Notice, he never actually claims the phone WAS new, nor does he claim that description was valid. Hence, he knows damn well the description was wrong, but choose to simply let it go and hope he didnt get caught. That, my friend, is fraud.

His mistake, lies, deception, and/or deliberate fraud means someone gets screwed, tough luck? Thank god the US justice system, consumer protection laws, AND Ebay's policies were not made by you.


(on a side note, if TWO of the definitions of the word fit PERFECTLY, and the third only misses by one word in the sentence, that does not actually rule OUT the entire concept as false. In actuality, thats why they have multiple definitions for the SAME WORD, because the word means ALL THREE. Another win for the public school system... sigh)

Were you touched in naughty places as a child? Because you're reading way to much into this whole situation.

[Ice2Dragon]

If it was not intentional... but you KNOW that you MISLED the guy.. because the phone was NOT new, and was NOT used once...


umm, why is this so hard for you? Give the guy his money back, and relist it with the CORRECT information.


Go read Ebay's terms of service, here you go, in case you cant find it.

http://pages.ebay.com/help/policies/listing-ov.html



You DID intend to describe the item to your best possible advantage, and you DID intend on trying to sell it as 'USED ONCE', when you know it was not used once, it was used for 5 some hours, 10 some calls.

Give the guy his money back, and relist it. How is that so hard? Or, risk the fact that Ebay will list it as seller fraud and deal with the consequences.

Wtf did i do to you? Are you the ebay police? Did someone have a bad childhood he takes it out on other forum members who contribute to the same site?

Seriously.. thanks to everyone for the help..

[thebob101]

Bottom line, you lied... period, end of story. If you meant to lie it is intentional, if you PURPOSEFULLY made up the information rather than verifiy it... its... still a lie.

It was NOT new, it was NOT used 'once', and you are freely admitting it to the buyer, and everyone here.

I can GUARANTEE that you would be the first person to stand up and complain if you bought a 'new' phone from a store, and found out it was not new.

You OPINION doesnt matter, it doesnt matter if the guy actually IS a tool, and your amazing LACK of information about how long the phone was used when you are called on it, but your COMPLETE ability to LIE about it when it suits your purpose actually doesnt even matter.

Bottom line, the phone said 'used once', and it said it was 'brand new'. And NEITHER of those things are true, and both can easily be refuted.

Legally you dont have a leg to stand on, settle it or you risk being banned from ebay for fraud.

Ouch, why so angry. And there is no way eBay would ban him for this. Completely overreacting.

[MrDubbs]

personally, I would ether settle with this person for a few bucks,not the 40 they want though, or just take the phone back and relist.

This is why I only buy on Ebay

Good luck with it ether way


Somehow I get the feeling that this Velocity guy is the buyer, just kidding :lol:

[musics_muse]

Hey, tough guy. Guess what, your opinion has NO BEARING what so ever in a court of law.

Intent has to be proven or ruled out, and that is done in arbitration or by a judge. The seller says that he never intended to mislead the buyer, but did EVERYTHING in his power to do EXACTLY that. Just cuz he says, 'hey, i didnt intend it', does NOT mean there was no fraud, or there wouldnt be anyone in jail, would there? They could all just say 'nu uh, I didnt do it'.

He could have listed it as being used for 10 some calls, and he didnt really know how much his mom had used it. He could have made sure he did NOT break Ebay's policy by listing in the description that it was 'brand new'. He could have simply given the guy a refund or a reduction in price due to the OBVIOUS case of misunderstanding DUE to his misleading and fraudulent item description.

Since it isnt hard to find people on the internet, all they need is this thread to see the guy call the seller a 'tool', and basically harrass the guy for VERIFYING that his listing was fraudulant. Notice, he never actually claims the phone WAS new, nor does he claim that description was valid. Hence, he knows damn well the description was wrong, but choose to simply let it go and hope he didnt get caught. That, my friend, is fraud.

His mistake, lies, deception, and/or deliberate fraud means someone gets screwed, tough luck? Thank god the US justice system, consumer protection laws, AND Ebay's policies were not made by you.


(on a side note, if TWO of the definitions of the word fit PERFECTLY, and the third only misses by one word in the sentence, that does not actually rule OUT the entire concept as false. In actuality, thats why they have multiple definitions for the SAME WORD, because the word means ALL THREE. Another win for the public school system... sigh)

dude--

1) all im saying is you need to relax. seriously, did you sign up for this forum just to torch the op? what's with the whole "feel the hand of the law" emphasis anyway?

2) thanks for pointing out that i have no bearing in a court of law. ive always wondered about that.

3) you can't define something with a word if one of the definitions do not fit. OBVIOUSLY.

4) im not saying the guy was honest. im not saying the seller doesnt deserve his money back. all im saying is, i dont think it was "fraud". period. honest mistake, maybe, but not "fraud".

5) you need to relax. seriously.

[musics_muse]

Ouch, why so angry. And there is no way eBay would ban him for this. Completely overreacting.

correctamundo!

[briansraregames]

Since the listing was a bit misleading, whether it was intentional or not, I think that the buyer is entitled to some compensation for the error. Plus, if this guy does file a Not As Described claim w.Paypal, it is possible that you may end up not only losing the money, but never getting the phone back. I definitely would want to get this person out of my life as quickly as possible, and $40 doesn't seem like so bad of an offer to get that accomplished.

[fatbeer]

It seem like this Velocity616 is either buyer or joke account. He/she just joined today and all his posts are in this thread.

[Velocity616]

Wtf did i do to you? Are you the ebay police? Did someone have a bad childhood he takes it out on other forum members who contribute to the same site?

Seriously.. thanks to everyone for the help..

ignorance is bliss, my friend.

Keep thinking people are out to screw you, when YOU were the one who victimized that guy by ripping him off when you lied about the phone you sold him.

You never wanted to discuss if what you did was ethical, you just wanted to know if you were going to get away with it.

Thats the thing with the 'public', be prepared to hear some things you dont like when you go outside your bubble and describe situations where you are clearly in the wrong. I dont have to coddle you, its not my job.

And, I am trying to help you, regardless how you see it, because Ebay and binding arbitration isnt going to simply let it slide because you dont want to deal with the consequences of your actions. Deal with it now, or deal with it in court, thats how life works in the land of business and contracts. (when money changes hand, it is considered a contract with intent)

Neither my dislike of how you operate, nor your opinion matters in the end. So, dont take it personal, as it wasnt meant to be, or take it personally, I dont care, cuz that doesnt really matter in the end either.

[musics_muse]

It seem like this Velocity616 is either buyer or joke account. He/she just joined today and all his posts are in this thread.

correctamundo! (my word of the day...it's fun to say...try it!)

[meesterjojo]

The OP should be punished by eBay: He uses conflicting terms in his description.

"YOU ARE BIDDING ON A BRAND NEW ALLTEL HUE PHONE"

" almost brand new! Used once!"


and

"IT WAS ONLY USED ONCE. I AM ONLY SELLING IT BECAUSE I SWITCHED CELL PHONE COMPANIES"

Brand new is not "used" or even "used once".

Further, if the buyer can validate the calls placed with the phone are prior to the purchase then yes, you probably should have your seller status revoked, or whatever punishment eBay is metting out these days.

Lesson the First: Consistancy. It means something.

Lesson the Second: If you're selling it on your account for someone else, even a parent, you should at least check it out for such things- haven't we learned the lesson about things being stored in a cell-phones memory?

So ya, you, your parent, someone needs to pay up and be thankful if the buyer doesn't grill you harder with eBay.

The only question you should be asking prior to paying up is for proof of how often the phone was used prior to the sale. When that's done, admit the wrong doing, pay, and be done with it: lesson learned. We hope.

[MrDubbs]

correctamundo! (my word of the day...it's fun to say...try it!)

http://img228.imageshack.us/img228/6847/74303865ej0.jpg

[JLazzuri]

ignorance is bliss, my friend.

Keep thinking people are out to screw you, when YOU were the one who victimized that guy by ripping him off when you lied about the phone you sold him.

You never wanted to discuss if what you did was ethical, you just wanted to know if you were going to get away with it.

Thats the thing with the 'public', be prepared to hear some things you dont like when you go outside your bubble and describe situations where you are clearly in the wrong. I dont have to coddle you, its not my job.

And, I am trying to help you, regardless how you see it, because Ebay and binding arbitration isnt going to simply let it slide because you dont want to deal with the consequences of your actions. Deal with it now, or deal with it in court, thats how life works in the land of business and contracts. (when money changes hand, it is considered a contract with intent)

Neither my dislike of how you operate, nor your opinion matters in the end. So, dont take it personal, as it wasnt meant to be, or take it personally, I dont care, cuz that doesnt really matter in the end either.
Do you even know what you are talking about? I can only think of maybe 4 times an eBay auction dispute went to court (that I've heard of anyways). And it sure wasn't for a $170 cell phone. So don't go throwing around legalese like binding arbitration if you have no idea what you are talking about. :newbie:

[MrDubbs]

Do you even know what you are talking about? I can only think of maybe 4 times an eBay auction dispute went to court (that I've heard of anyways). And it sure wasn't for a $170 cell phone. So don't go throwing around legalese like binding arbitration if you have no idea what you are talking about. :newbie:

Well, there was this one time on Judge Judy, where they went to court kinda over a cell phone

she sold the person a picture of a cell phone, and claimed thats what the auction was for..

However, she lost the case cause the description said it weighed xx lbs, which of course the paper didnt

http://www.youtube.com/watch?v=ZJDK6ctRjqw

[briansraregames]

To anyone reading this thread for the first time, you can ignore any reply after #12...it sorta went downhill from there.

[MrDubbs]

To anyone reading this thread for the first time, you can ignore any reply after #12...it sorta went downhill from there.

So that means we would ignore your post.. sorry just had to point that out :D

[JLazzuri]

OMg that's hilarious and sad at the same time. That's like the people who sold emtpy boxes of consoles two Christmases ago.

[briansraregames]

So that means we would ignore your post.. sorry just had to point that out :D

I wish I hadn't lost my keys to the internet time machine.

[chemical]

First off, thinking that eBay is going to step in and ban the seller for this is pure fantasy. eBay has a five-strike policy for pretty much everything.

IT WAS ONLY USED ONCE. I AM ONLY SELLING IT BECAUSE I SWITCHED CELL PHONE COMPANIES.

To the OP, this is creative writing, and I have no idea how you're painting yourself as a victim here.

You admitted it was used more than once, that you don't know how much it was used, and that it wasn't your phone - why are you using first-person form in your description? Or *ahem* your "girlfriend" who wrote the auction description. :roll:

It would have saved a lot of grief if you had been straightforward and labeled it as "lightly used."

Just give the guy the $40 partial refund he was asking for.

[davo1224]

The girl just couldn't admit she got gooched by this woman and Judge Judy. White trash makes me sad :(

[davo1224]

The girl just couldn't admit she got gooched by this woman and Judge Judy. White trash makes me sad :(

[m0dem]

I agree the wording was poor.. when the girlfriend gets home well have a talk about her wording and have her deal with the buyer since she put it on ebay ---V

its not like she intentionally tried to mis lead people, I have 100 percent feedback and never a problem once.. I dont get what the buyers big deal is?

Its common sense you said the phone was used once when it clearly shows it wasnt. Its not invasion of privacy when there is an option on the phone to see how many times it was used and the total call time.

[lilchubz11]

don't pay the guy 40 bucks. what if you pay him and he files the complaint anyway? isn't what he tool said a threat? give me 40 bucks or ill file a complaint
just wait for his responce and see what happens.

[chemical]

what if you pay him and he files the complaint anyway?

If the buyer were to a file a PayPal dispute post-refund, then the OP has an e-mail from the buyer stating the amount they wanted back, plus a transaction # for the partial refund issued. The mediator will conclude that the problem was already resolved to the satisfaction of both parties and dismiss the complaint.

If the OP waits it out, the buyer complains to PayPal that the item doesn't match the item description (which it rightfully doesn't). Paypal will then provide a full refund to the buyer upon receiving proof that a package of "approximate size and weight" was shipped back to the OP.

Now if the buyer is feeling spiteful at all - which they might after being jerked around - the OP will only get his phone back after it's been tossed on the pavement a few times, or a package filled with a few rocks. Plus a negative feedback as a cherry on top.

[wubb]

Why'd you say it was only used once? You open yourself up for this sort of thing by misrepresenting your item.

The thing with him buying the same phone off another listing after contacting you just shows he really did want a new/barely used phone. i.e. He wanted what you claimed to be listing.

And there's no need to make a seperate payment of $40 to this guy if you decide to do a partial refund. Just issue a partial refund from his PayPal payment. PP handles that very nicely.

[olde_english]

To anyone reading this thread for the first time, you can ignore any reply after #12...it sorta went downhill from there.

Man, where were you two pages ago? I could've done with the heads-up...