is me in big doodoo?????!??!

ITDEFX

ITDEFX

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ok.. so i finally won that Mission to Mars SEALED/NEW auction after 3 times of trying.

I check that persons feedback again and noticed people are complaining that there cd's are send to them damaged/opened yet he lists his cd as NEW by claiming it meets EBAY's requirements for listing it as NEW (as in unopened/unmarked/undamaged)

I sent him an email to check to see if this CD will be sent damaged/marked and he replyed that his cd's are marked in someway.. I don't mind damage to the case as I can easly replace that but the cover/back art and the cd itself cannot be damaged. I told him that if this is the case, then I do not want an item that is damaged when you list it as sealed/new per EBAYS standards. If its its perfect/mint/new condition i will take it.

he then sends me an email threating me. saying
"If you do not want to buy the item we will automatically file UPI and FVF claims thrugh eBay and re-sell the item."

ok..hes planning to send me a damaged product dispite advertising that it is NEW/SEALED per EBAYS requirements rules. If the barcode is cut out/marked that means someone opened up the CD wrapping, marked it and rewrapped it so that makes it used/opened/reshrinkwrapped. WTF does UPI and FVF mean?
Whats the worse that can happen he gives me Negative Feedback?

I already emailed ebay's customer service and explained the situation.. should I go ahead buy it anyways , then when it comes in, if its damaged go ahead and file a complaint for the damaged product or just wait for EBAY to fix this for me.

thx
 
You send him money and he finds out about your report to eBay, he may not even bother sending the product at all. If you don't want his "new" merchandise, I would just wait and see what eBay says about it.. take the neg if you have to.
 
My advice is to wait for eBay's reply. You have 7 days to pay before he can start the NPB process and even then there is another 7 days before he can close that process off, so you should have plenty of time to wait.

How much money are we talking about and how much do you value your eBay id? If eBay says you have to pay he will give you a NPB strike, and IIRC once you get 3 you are kicked out.

Did the listing say anything about markings? Hard to say what eBay will come back with, but if he listed as new and didn't say anything about damage they might side with you. Did you forward his e-mail to them stating it will be marked?
 
Let me guess he's a power seller? If so he could be selling Hong Kong knockoffs and ebay would side with him.

Just don't send him the money and look elsewhere for a truely new copy.
 
This is my winning auction
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4760304893&rd=1&sspagename=STRK:MEWN:IT&rd=1

This is the auction for the same cd I lost the second time to fsfsf
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4758560712&rd=1&sspagename=STRK:MEDW:IT&rd=1

This is the auction i lost the first time to fsfsf

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4756669607&rd=1&sspagename=STRK:MEDW:IT&rd=1

seems fsfsf is a sniper or working with the seller to crank the prices..since fsfsf doesn't leave feedback its assumed that he doesn't buy there stuff and just there to bid against anyone who does.

look at the sellers feed back
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback&userid=jayandmarie&iid=4756669607&frm=284

you said 3 strikes and there out right? well this guy has over 1500 negatives against him. Check his negatives..vs his positivites.. some of the people who win his 0.1 cent deals are his friends and everyone else is not...those who get a good deal (outside of his friends) get damaged cd's.

Basically I owe about 10 bucks. I mean there is no way he can force the money out of my account right? and second I get this email saying that my transcation has been bonded?!?!?!? by some company (suprising operating near my home city) named buysafe. Here is a snip of the email
"This email contains important information about the bond that jayandmarie has purchased on your behalf and Liberty Mutual has issued to guarantee your transaction up to $25,000."

So confusing :(






[quote name='wubb']My advice is to wait for eBay's reply. You have 7 days to pay before he can start the NPB process and even then there is another 7 days before he can close that process off, so you should have plenty of time to wait.

How much money are we talking about and how much do you value your eBay id? If eBay says you have to pay he will give you a NPB strike, and IIRC once you get 3 you are kicked out.

Did the listing say anything about markings? Hard to say what eBay will come back with, but if he listed as new and didn't say anything about damage they might side with you. Did you forward his e-mail to them stating it will be marked?[/QUOTE]
 
[quote name='ITDEFX']This is my winning auction
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4760304893&rd=1&sspagename=STRK%3AMEWN%3AIT&rd=1

This is the auction for the same cd I lost the second time to fsfsf
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4758560712&rd=1&sspagename=STRK%3AMEDW%3AIT&rd=1

This is the auction i lost the first time to fsfsf

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4756669607&rd=1&sspagename=STRK%3AMEDW%3AIT&rd=1

seems fsfsf is a sniper or working with the seller to crank the prices..since fsfsf doesn't leave feedback its assumed that he doesn't buy there stuff and just there to bid against anyone who does.

look at the sellers feed back
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback&userid=jayandmarie&iid=4756669607&frm=284

you said 3 strikes and there out right? well this guy has over 1500 negatives against him. Check his negatives..vs his positivites.. some of the people who win his 0.1 cent deals are his friends and everyone else is not...those who get a good deal (outside of his friends) get damaged cd's.

Basically I owe about 10 bucks. I mean there is no way he can force the money out of my account right? and second I get this email saying that my transcation has been bonded?!?!?!? by some company (suprising operating near my home city) named buysafe. Here is a snip of the email
"This email contains important information about the bond that jayandmarie has purchased on your behalf and Liberty Mutual has issued to guarantee your transaction up to $25,000."

So confusing :([/QUOTE]


well i never would have bid with someone having that many negs,

that said i am confused about that email also.. maybe a scare tactic.. but he cant get money from your paypal, unless you already payed for the item..
 
how can he be still in business? Probibly 50% or better are his multiple accounts or friends just pushing it up.. Im going wait for ebay's response to this..espically when he threatens me like that that should have ebay get involved and null and void this transaction.. Too bad, I really wanted that cd new :(


[quote name='Mario64']well i never would have bid with someone having that many negs,

that said i am confused about that email also.. maybe a scare tactic.. but he cant get money from your paypal, unless you already payed for the item..[/QUOTE]
 
cause I want that mission to mars cd that i can't find anywhere (checked all the good stores in NYC) no one has it.

[quote name='The VGM']Rofl he has 1500 negatives. Why the hell would you place a bid?[/QUOTE]
 
Damn! He's got almost 250K feedback... so you know that eBay will automatically take his side. Don't even think eBay will help you out.

And ALWAYS check feedback before buying... just because someone has a ton of feedback and at 97% or higher doesn't mean sh*t.
 
I hate to say it, but the guys above are (most likely) right. Ebay likes to side with PowerSellers and those will incredibly high ratings...because they help Ebay out quite a bit. I'd wait for their reply before doing anything else...
 
Basically you can have 3 nonpaying bidder complaints before ebay closes your account. If you'd like to keep your account open:
1. Do not pay, tell him that you won't pay and send an email to ebay complaining.
2. Wait for him to say he'll file a NPB and ebay to blow you off.
3. Forget about it, but DO NOT leave feedback, if you leave a negative ebay might close your account for leaving retaliatory feedback.

Unfortunaley ebay sucks up to powersellers and they can do pretty much whatever they want. Sell used items as new, sell disk only items as mint, etc.
 
yea thats that i am planning on doing..not pay him at all unless he gives me a money back garrenty if it comes in damaged, then i can send it back for money back. I don't plan to be very active with ebay since there are very few rare things i want/looking for...everything else (dvd/electronic wise) is usually bought a best buy/CC... 1 negative feed back on me won't hurt as i am usually a fast payer and give good feedback to the people who send me there stuff fast. I don't expect some collection agency to come to my door saying you owe such and such 10 bucks or a phone call right? Thats harrassment, and thankfully my brother works for the police :) Don't think they are going to go overboard over 10 bucks.




[quote name='zionoverfire']Basically you can have 3 nonpaying bidder complaints before ebay closes your account. If you'd like to keep your account open:
1. Do not pay, tell him that you won't pay and send an email to ebay complaining.
2. Wait for him to say he'll file a NPB and ebay to blow you off.
3. Forget about it, but DO NOT leave feedback, if you leave a negative ebay might close your account for leaving retaliatory feedback.

Unfortunaley ebay sucks up to powersellers and they can do pretty much whatever they want. Sell used items as new, sell disk only items as mint, etc.[/QUOTE]
 
"Our CDs are often marked in some way by our suppliers to prevent their resale at full price. Many of our CDs are marked with a holepunch through the barcode, a slit through the jewelcase cover or a pen mark or other small marking or sticker on the package itself. These marks do not affect play in any way. "

He does have a TON of text in the listing, but it does say this in the listing you won. I expect eBay will tell you that you have to pay up, but maybe not. He really shouldn't be listing them as new. As you are correct per eBay's policy to be new: "Item should not have holes, cuts or markings on the bar code or packaging"

The 3 strikes is for NPB strikes (non paying bidder strikes) not for getting 3 negatives.

Given that the listing did say the CD will be marked, I'd say you should pay even though he listed it as new. But by all means see what eBay has to say. He'll be able to leave you negative FB even if eBay says you don't have to pay I'll bet.

Oh and your bid is a binding contract according to eBay, but the guy will just get his fees back and move on if you don't pay. No worries on the collection agency thing, at least as far as I've ever heard. Someone that does this volume won't be calling NPBs either I'd bet. (I don't do it and I barely sell 5 things a week.) But a phone call asking you to honor your commitment and pay isn't criminal harrasment IMO.
 
Well after that threat he made over email, im not going to buy from him so what if he gives me a negative/strike for NPB.. you don't threaten someone to buy a product you plan on selling them damaged. Im suprised after the other negatives he has on his products being damaged/skiped cds he hasn't been warned by ebay.



[quote name='wubb']"Our CDs are often marked in some way by our suppliers to prevent their resale at full price. Many of our CDs are marked with a holepunch through the barcode, a slit through the jewelcase cover or a pen mark or other small marking or sticker on the package itself. These marks do not affect play in any way. "

He does have a TON of text in the listing, but it does say this in the listing you won. I expect eBay will tell you that you have to pay up, but maybe not. He really shouldn't be listing them as new. As you are correct per eBay's policy to be new: "Item should not have holes, cuts or markings on the bar code or packaging"

The 3 strikes is for NPB strikes (non paying bidder strikes) not for getting 3 negatives.

Given that the listing did say the CD will be marked, I'd say you should pay even though he listed it as new. But by all means see what eBay has to say. He'll be able to leave you negative FB even if eBay says you don't have to pay I'll bet.

Oh and your bid is a binding contract according to eBay, but the guy will just get his fees back and move on if you don't pay. No worries on the collection agency thing, at least as far as I've ever heard. Someone that does this volume won't be calling NPBs either I'd bet. (I don't do it and I barely sell 5 things a week.) But a phone call asking you to honor your commitment and pay isn't criminal harrasment IMO.[/QUOTE]
 
Be sure to let us know what eBay says.

If you look at fsfsf's feedback he has completed transactions with a lot of different eBayers (nearly 4000). Doesn't really look to be a shill bidder.
 
Ok just talked to ebay live chat (takes a while to figure out things :p)
heres what happened.


Matthew T.: UPI is an unpaid item strike.
Matthew T.: FVF is the seller's final value fee that he has to pay when he sells the item.
Matthew T.: I suggest waiting for the product and if it is damaged or not new you can file an item not as described dispute on the seller.
Matthew T.: Do you have any other concerns that I may help you with?
ME: but he just threaten me
Matthew T.: The email you told me about is not a threat the seller is just stating what he is going to do.
ME: and the cd is listed as NEW but he plans to send it damaged and not as NEW as per EBAY's discription as new
Matthew T.: You must wait until you know for sure that the item is not as described.
ME: i do not want to buy a product that will come with damage or cd damage(skips)
ME: im sorry im new to ebay, do you guys handel these situations like that quickly?
Matthew T.: Yes we handle these situations.
Matthew T.: How did you pay for the item?
ME: i didn
ME: i didn't buy it yet
ME: i was going to buy it via pay pal
Matthew T.: I suggest asking the seller to mutually agree to not go through with the transaction.
ME: i did but he just bickered at me
ME: and then he sends me an email that he bonded my transcation through another company...i have no idea what does that mean
Matthew T.: You must pay for the auction because you don't know for sure that it is going to be damaged.
ME: since i haven't even bought the thing
ME: i can show you the listing for it
Matthew T.: If the item is damaged you then can file a dispute.
ME: http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4760304893&rd=1&sspagename=STRK:MEWN:IT&rd=1
ME: its stated as NEW but at the bottom he states that there is some sort of markings,hole punched and so on..if thats the case then he should list the items as used
Matthew T.: The items may be new with marking's on the DVD.
ME: but in order to punch a hole through the cd, you have to break the seal in someway
ME: through the cd case/barcode
Matthew T.: You are obligated to purchase the item since you won the auction all you can do is file a dispute when it comes in.
Matthew T.: If you do not pay the seller can file a dispute on you.

So looks like me have to pay...hopefully it wont be that bad :|
but i wouldn't be suprised if he is shooting a bebee gun shot into the barcode at this very moment :O
 
This might not make you feel any better, but..... I bought a CD from them a long time ago, and it came in factory sealed, but there was a small hole in the barcode (the plastic was not broken and neither was the jewel case and it had the sealing sticker still on it over the top of the case). It was most likely a promo item and came from the publisher that way, but that was the only way I could find that particular CD (it was out of print). The CD played fine and was in perfect shape ....... except for the hole in the barcode...... hopefully if you go through with the sale, you will get something like that......
 
[quote name='wubb']"Our CDs are often marked in some way by our suppliers to prevent their resale at full price. Many of our CDs are marked with a holepunch through the barcode, a slit through the jewelcase cover or a pen mark or other small marking or sticker on the package itself. These marks do not affect play in any way. "

He does have a TON of text in the listing, but it does say this in the listing you won. [/QUOTE]

And here I was gonna quote that!

Anyway, to the OP, this is almost certainly still sealed. Most wholesalers, when marking the discs, cut right through the plastic and case into the barcode.(Ever buy from the ADV clearance sales?) So it's sealed- it just got a hole in it.

Normally, you can replace the case and the only marking you'll have is a small circle/hole in the barcode. However, in the case of CDs, sometimes they cut in from the hinge, so you'll have a cut about 1 mm wide going through all the paper parts.

As for marker marks/stickers- these are usually just put straight onto the plastic. The idea is to prevent a store from selling at full new cost, I don't think they really consider people opening them to sell as used.

So, basically- it all boils down to how bad you want he paperwork intact. If the idea of a 1mm slit really bugs you, you might have to take the NPB hit. (Personally, I'd just pay and file disputes and refund claims if it comes overly trashed up. It's only $11.)
 
still they should have a picture of the damage on the cd :p I have no other choice but to buy from them since the other listings for that cd are coming from the UK and im not buying from oversees. That fsfsf buying it twice does look suspisous.
 
i supose to can scan the back artwork, repair the damage and replace the backartwork with a high quality paper print out. I did ask one of the negative feedbackeres about the damaged cd and just got a "sir I don't know.." and I am like huh? what do you mean don't know that your cd that you stated was sent to him damaged (scratched).

lol oh well
 
jayandmarie.

i bought 8 cds from them. music cds , 7 of the cds werent damage except one which i got a refund and bid on a dvd.

they arent that bad.
 
[quote name='ITDEFX']Basically I owe about 10 bucks. I mean there is no way he can force the money out of my account right? and second I get this email saying that my transcation has been bonded?!?!?!? by some company (suprising operating near my home city) named buysafe. Here is a snip of the email
"This email contains important information about the bond that jayandmarie has purchased on your behalf and Liberty Mutual has issued to guarantee your transaction up to $25,000."

So confusing :([/QUOTE]

A bonded transaction is little more than the postal insurance you can buy when shipping something.

Your transaction isn't bonded for $25K, it's bonded for the total sale price ($10 + shipping).

The bondsman is willing to pay jayandmarie the money for your item if you somehow convince Paypal to get your money back.

Don't freak out about it. Dog, the Bounty Hunter, isn't going to kick down your door for a video game.
 
lol I use to play a Bounty Hunter in SWG before I decided to quit the game for while..ok i will buy it :| wish me luck.



[quote name='fatherofcaitlyn']A bonded transaction is little more than the postal insurance you can buy when shipping something.

Your transaction isn't bonded for $25K, it's bonded for the total sale price ($10 + shipping).

The bondsman is willing to pay jayandmarie the money for your item if you somehow convince Paypal to get your money back.

Don't freak out about it. Dog, the Bounty Hunter, isn't going to kick down your door for a video game.[/QUOTE]
 
uh guess what fellas???
ITS BACK
http://cgi.ebay.com/1-CENT-CD-Missi...goryZ307QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

damn that was quick....i haven't gotten an email from him about demainding payment nor awithdrawl of the bid...myebay says PAYNOW on it. how many copies of this cd does this guy have for an Out of Print Item!?!?!?!?!?!

so now what? Send him an email asking him how many Out of Print cd's he has as he actually sold 2 to fsfsf
 
I won't bid on an auction if the seller has any negs, much less 1500 negs! I would definately wait for eBay to reply, but they may take his side. They are making a killing off this guy from his thousands of listing and final value fees. Many of these 'power sellers' are cheap crooks that eBay lets get away with murder daily to line their own pockets. Good luck.
 
Ah, Jay & Marie's CDs.

These were the first sellers on Ebay to truly 'pioneer' the whole 'idea' of selling CDs with a starting price of $0.01 cent.

They used to be known as "Marie's CDs" and "1 Cent CDs" before changing their name yet again to "Jay & Marie's CDs".

Ever since they started, they've been doing nothing but racking up feedback ratings from a majority of EBay users who leave them positive ratings simply because they ended up getting a CD for way less than retail price. If I'm not mistaken, they're one of several sellers on Ebay who have achieved a feedback rating of over 200,000+.

The cool thing about their auctions is that they sell almost anything that's available in retail stores, regardless of whether it's a new, mainstream release album or some of the more scarce collector's items that fans look for.

Also, if you're a repeat customer of theirs, they will automatically ship your CD(s) out to you as long as they have your correct address, even before you pay for it, either by PayPal, Check or Money Order.


However, the un-cool thing about them in general, is that they have NEVER gotten any of my orders correct.

I've bought a few items from them in the past within the last couple of years and have been either surprised but satisifed at their mistake or downright disappointed at their errors, whether it be in the listing, or the wrong item they send.

They have a tendency to also use deceptive descriptions and keywords in their auctions.

Here are some examples of what they would state in a title for an auction:

"NEW release Metallica: Garage Inc. 1 Cent CD! NR!"

Now, upon reading the auction title, most bidders are led to believe that they're receiving a new/sealed copy of the mentioned CD, right?

Then it gets tricky in their description:

"This is Metallica's NEW release, Garage Inc.! This item was just released and is ready to be shipped to the highest bidder. It's guaranteed to work" (or something to that effect.)

Now, since you've read the word "new", you think you get a sealed CD, but instead, you get an opened copy, which, although is probably mint w/o scratches, is not "new" as in factory sealed.


Anyway, if you don't want to pay for the item you bid on, you're going to have to take the unpaid item strike. I know for damn sure that Ebay will not side with you on this one, especially if it's against one of their Power Sellers who literally sell thousands upon thousands of items on a daily basis. Believe me, I've tried to complain about them and one of my past auctions and Ebay gave me some bullshit excuse about how the seller did nothing wrong and that I still have to pay for the item.

Good luck with this, but you might have to take the hit this time around.
 
oui people.........first you guys say don't buy it-take the NPB hit (1 wont hurt),
others (including ebay) say buy the damn thing and if its fucked then file complaints with ebay and paypal.

boy I need to figure out how to add a poll here lol

make up your minds!
 
Yeah you gotta pay for it. If it turns out to be crap leave them a neg. You're not gonna get your money back if you pay though.
 
i thought paypal protects you against this sort of thing :| in terms of if they send you a damaged product and so on you will get your money back when you send it back..



[quote name='Jeoff']Yeah you gotta pay for it. If it turns out to be crap leave them a neg. You're not gonna get your money back if you pay though.[/QUOTE]
 
[quote name='ITDEFX']i thought paypal protects you against this sort of thing :| in terms of if they send you a damaged product and so on you will get your money back when you send it back..[/QUOTE]

The auction states that it will have a punch, cut, etc. So paypal isn't going to do anything for you. Should have read the auction more carefully before pulling the trigger on it. I know it's kind of deceptive to say "NEW" in the title but then get an overstock-blemished copy, but they did state it in the auction text.
 
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