My eBay dilemma - to act or not to act

video_gamer324

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Here is a link to an auction I recently won:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=6930138084

After winning, the seller e-mailed me to tell me that he meant to write "Madden 2004," not "Madden 2005," and he was willing to discount the price because of the error. I told him that was a pretty big mistake, but because I knew I was already getting a pretty good deal, I offered to discount $15. I then said I'd add $5 if he could assure me that nothing was defective and all the games were complete, and he accepted, and I told him I'd add an additional $1.50 to cover the cost of insuring the package.

I got the package a couple days ago, and before I even opened the package, I knew there were a few things wrong. First of all, the package was not insured, even though I had paid for insurance. Next, I opened the box and saw that to pack everything, the guy had used a couple sheets of paper towel. Fortunately, nothing was really damaged, but I was already pretty ticked. I then proceeded to check the games. Not only was the instruction manual for DW4 missing, but I got a Madden 2004 case with instructions but no disc! Fortunately, though, the GC works fine.

I contacted the seller with my complaints, and I asked for some of my money back because of the missing Madden disc, DW4 manual, and insurance. He responded by asking me not to "call the police," apologizing, and promising never to sell on eBay again, but he never offered any money. I finally settled on the amount of $5, but the seller responded by saying that he can't send a check, that I should be happy with what I did receive, that he hardly made any money on the sale because shipping was $20 (even though the postage label says it was only about $8 ), and he kept asking me to just leave him negative feedback. I suspect he's probably a scammer, as I was only allowed to pay with a money order or personal check, so I've pretty much stopped requesting a partial refund.

My dilemma is this: I can either accept what I got, which is already a deal, or I can press the seller further and maybe contact eBay, which could result in me getting about $10 back if I try to get everything that was missing. What do you guys think I should do?
 
I say contact Ebay. Just because he promised he wouldn't do it again doesn't mean he won't. He is obviously trying to screw you. In my opinion the money isn't even the point.
 
Just go ahead leave negative feedback, contact ebay and get as much money as you can back. $50 (or less since you got a discount) for those is pretty good deal tho..
 
Judging from his fear of the police, his weird mix of item (GC and PS2 games), and his lack of knowledge about the items. What you have might be stolen property.
 
Contact Ebay. This is just the beginning of the scams this guy is pulling. He will only pull a larger one next time if he gets away with this one.
 
I offered to discount $15


Okay let me get this right you offered them 36 bucks for a gamecube with 4 games SHipped who in their right mind would do that... unless it was ripped off. and i highly doubt Ebay can do anything about it. its your word against theirs
 
[quote name='nachzeher']Juding from his fear of the police, his weird mix of item (GC and PS2 games), and his lack of knowledge about the items. what you have might be stolen property.[/quote]

Probably. I would still contact ebay and report him, but give him some warning. That may scare him into sending you some of your money back. And maybe "hint" that he may have sent you stolen property.
 
definetly file a report with ebay, i dont think they'll do anything to get ur money back, this kinda thing happened to a friend of mine and all ebay could say was that at least he recieved "something" even though it was deffective and that was it. but at least it'll put out a flag against him, and possibly stop anyone else in the future from getting screwed over. still a pretty good deal though ;)
 
you should of never accepted the package if you paid for insurance the post office could of looked into it. By accepting the package you accepted the fact that it didnt have insurance on it
 
File negative feedback and report him to ebay. Tell him you're going to report him for fraud. I'd go ahead and mention the police. Tell him you're going to the police because you suspect the items are stolen. Regardless of the "deal" you got, you paid for things you did not receive...

P.S. I was checking his feedback. The fact that he went nearly two years between feedbacks is a red flag. That coupled with 50% feedback is like a big red truck. Either he doesn't care or it's not really his account...
 
Well that's what you get from buying from someone with no feedback, oh well I'd just tell the guy that your ticked and if he wants good feedback he should give you a full refund.
 
Horrible ebay feedback, no pictures, two lines of text with few details, suspicious price, and only accepts non-refundable forms of payment.

:oops:
 
report him and i am guessing you have a return address on the package, so you might want to call va state police (if where his location says he is is true). if you don't report it and they find out you are in possession of stolen goods, it is all on you i think.
 
[quote name='biggestinuyashafan']if you don't report it and they find out you are in possession of stolen goods, it is all on you i think.[/quote]

Yeah, I'm thinking no. The 'stolen goods' thing is just speculation right now. The police don't do anything to you if you receive stolen goods without being able to prove that you knew they were stolen before the transaction took place.

As for the OP, go ahead and report it to eBay (that's worthy of a :lol: ).
 
I would write back and demand $10 and say if he doesn't give it to you that you'll "have to call the police". If it's stolen that might just scare him enough to make him cough up the dough.
 
I'd say you should count yourself lucky that you actually received anything at all. I would have been too scared to pay by MO to a guy with such poor feedback for an item with no picture, etc.

I would have advised to maybe just let it go to avoid a negative feedback yourself (not worth a neg. over $5-10 IMO) but you already have a semi-low rating, so go ahead and report him to eBay and see what happens. I kind of doubt you'll ever see anything from him.

And as far as not being insured, technically he could claim he was self insuring it I think. Unless he agreed in e-mail you were paying for USPS insurance. But yeah the fact is he either forgot to get insurance or decided to pocket the extra $1.50 you paid intentially.
 
[quote name='ZForce915']I would write back and demand $10 and say if he doesn't give it to you that you'll "have to call the police". If it's stolen that might just scare him enough to make him cough up the dough.[/quote]

That could be considered extortion if the police find out about that.
 
[quote name='greendj27'][quote name='ZForce915']I would write back and demand $10 and say if he doesn't give it to you that you'll "have to call the police". If it's stolen that might just scare him enough to make him cough up the dough.[/quote]

That could be considered extortion if the police find out about that.[/quote]

????

No, it wouldn't. "Give me $10 or I'll beat you up" is extortion. "Give me $10 of my money back or I'll be forced to use legal options" is not.

Would you consider "give me my bike back, or I'll call the police" to be extortion?
 
[quote name='eldad9'][quote name='greendj27'][quote name='ZForce915']I would write back and demand $10 and say if he doesn't give it to you that you'll "have to call the police". If it's stolen that might just scare him enough to make him cough up the dough.[/quote]

That could be considered extortion if the police find out about that.[/quote]

????

No, it wouldn't. "Give me $10 or I'll beat you up" is extortion. "Give me $10 of my money back or I'll be forced to use legal options" is not.

Would you consider "give me my bike back, or I'll call the police" to be extortion?[/quote]

You're right, technically it would be called blackmail:

black·mail ( P ) Pronunciation Key (blkml)
n.

Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.

I was just trying to tell him to be careful about how he confronts the person if he does. The OP is in the right, I just don't want him to get srewed even more if this guy tries to pull something else.
 
Dude if someone rips you off, it's not illegal to threaten to take legal action if they don't make it right. That's a no brainer. No one is saying to go to some crook and say that you'll report him to the cops if he doesn't pay you $X. That is an entirely different thing.

Just be smart about how you say it. (For example I wouldn't make claims that you'll have his ass thrown in jail for X years, etc.)

In this case I don't even think it's worth the time to actually take any legal action, though.
 
[quote name='wubb']Dude if someone rips you off, it's not illegal to threaten to take legal action if they don't make it right. That's a no brainer. No one is saying to go to some crook and say that you'll report him to the cops if he doesn't pay you $X. That is an entirely different thing.

Just be smart about how you say it. (For example I wouldn't make claims that you'll have his ass thrown in jail for X years, etc.)

In this case I don't even think it's worth the time to actually take any legal action, though.[/quote]

That's all I was trying to say in the first place. I was just saying to be careful about what he says to the guy.
 
Use the ebay system to request his personal info . . . threaten a bit more . . . call him at home! See if you can shake $20 from him. Leave negative feedback.

Beyond that, I'd let it go . . . you'll get a few ripoffs on ebay.

Funny, a month ago I sold Metal Slug 3 on ebay . . . it went up to $41.00 ($10 over the normal sell price). The buyer claimed to "try to pay, but the button didn't work" . . . really lame. Bidder was brand new to ebay -- I knew I was in trouble.

I bet it was a teenager. The adult registered didn't answer my emails . . . so I threatened a collection agency (total bluff) and got her home number. I called and got an answering machine . . . i didn't leave a message until the 3rd call (bet she has caller id). She called back 2 hours later and offered to send a MO . . . I cut her slack and accepted $42 (not the $46 with shipping). She sent the MO and I closed the file on it.
 
Last guy I had that didn't pay didn't even have a valid e-mail on file with eBay. It was xxx [email protected] Yep there was a space in the e-mail address (I changed the actual letters/numbers to x's to comply with eBay's rules in case anyone is confused). Why the heck is eBay letting people register with an invalid e-mail?! I requested his info, but I ended up not bothering making a call. (I wonder if it was a legit phone number, anyway?)

I tried deleting the space and replacing it with a '_' but neither worked. So I just did the NPB eBay process and got my FVF credited back.
 
The most important thing you have to do is act now. Waiting only hurts your situation. Make up your mind what you want to do and start doing it ASAP.
 
quick question how can this be proven isnt it the sellers word against the buyers. What keeps a buyer from saying UM i only got the case and no game. Now im not saying the OP is saying this im saying what should anyone do if this was on the other foot
 
[quote name='slidecage']quick question how can this be proven isnt it the sellers word against the buyers. What keeps a buyer from saying UM i only got the case and no game. Now im not saying the OP is saying this im saying what should anyone do if this was on the other foot[/quote]

I have every one of this guy's e-mails, and even though he doesn't directly admit it, he apologizes for his "mistake." I had given him a Thursday deadline to get a check or money order in the mail, and I sent him another message today asking if he sent my $5. At this point, I'm just waiting for a response (or lack of response) so I can do whatever else is necessary.

As for the stuff being stolen, I doubt it just because the guy asked me not to call the police before I had even suggested contacted any kind of authority. I think the guy knows what he is doing, and he may WANT me to call the police for some reason, so I'm not threatening with that yet.
 
[quote name='video_gamer324']

As for the stuff being stolen, I doubt it just because the guy asked me not to call the police before I had even suggested contacted any kind of authority. I think the guy knows what he is doing, and he may WANT me to call the police for some reason, so I'm not threatening with that yet.[/quote]

Bluntly, you're being an idiot. He doesn't want you to call the police BECAUSE it is stolen.
 
Warning Flags you missed as a buyer:
the guy has zero feedback
his descriptions were piss poor.
spelling mistakes in the description

to be honest you should be thankful you received anything at all.

you took the risk with all those warning signs. I say shame on you for being a poor shopper
 
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