1 ct solitaire Ebay saga update

[solange]

If I read this correctly, Ebay will onlly refund up to $200 with a $25 handling fee. They may also remove the seller from Ebay.
It is certainly worth filing the claim since he may not want to risk bad feedback and being removed from Ebay. But you really are entitled to your money back. I wonder if there is any government agency that handles such disputes.
I know that the Attorney General''s Office in New York handles fraudulent auction complaints. Or perhaps someone else has another recommendation as to where to turn. If someone does not take Payal on large ticket items there is usually a reason.
I hope you can find a way to make it right.

 

[diamondseeker2006]

The normal policy for a seller is to receive the item back and then return the money. The problem is, unless he misrepresents it again, he won''t get $3000 for it. I think you made a mistake not returning it within the 7 days, or whatever it was. It is important that YOU stay inside the rules regardless of what he does. I think if you had returned it and told him you''d leave only a neutral feedback if he returned your money within 3 days, then you might have gotten it back. But now he can claim you failed to return it in the specified time, even when he told you to return it. I think the appraisal was irrelevant. If there was a return period, the reason for return shouldn''t have mattered.

 

[Lorelei]

Pam, please don't take this the wrong way - honestly. We can try to advise you but, you really need to contact the folks at Ebay who deal with the complaints procedures ASAP. We don't know what the best way of going about this is - many of us haven't been in your situation and precious time is ticking where you need to be setting the wheels in motion to get the right advice on getting your money back if you can. The longer this vendor thinks he can jerk you around the worse it will be, so put a stop to it now, email and call the people at Ebay and check out Kathleen's link in her post and get going on it! Once this vendor starts getting the Ebay guys breathing down his neck then he might give in and refund you, but you need to start playing hardball and as quickly as you can!!!!!

Also do not do anything like sending him back the ring unless the Ebay complaints dept specifially advise you to do so. Then, once the Ebay guys are aware of your situation they can take care of it hopefully. You have tried it your way, now follow the procedures which Ebay can advise you on.

I wish you the best of luck, and hope you can get refunded but get going!!!!!!

 

[sistagrl2004]

Maybe you can send it back COD since he didn't give you instructions. I have had some wonderful ebay experiences and I am sorry you are having to go through this.

 

[belle]

you will not get your money back. end of story. ebay won''t do anything. you''re only hope is to contact the police department where the seller is located and press charges.

 

[solange]

I don''t know if this is a police matter and I doubt that they would handle a complaint like this. If I read the Ebay claim benefits correctly, you will only be able to collect $200 minus $25 for handling. Since Ebay is not selling you the merchandise directly, they only accept very limited responsibilty. There was a recent article about the very limited recourse from Ebay.

However, this is definitely consumer fraud. You might contact Ebay to ask if any government agency handles these complaints.

 

[belle]

Date: 2/24/2006 2:43:06 PM
Author: solange
I don't know if this is a police matter and I doubt that they would handle a complaint like this. If I read the Ebay claim benefits correctly, you will only be able to collect $200 minus $25 for handling. Since Ebay is not selling you the merchandise directly, they only accept very limited responsibilty. There was a recent article about the very limited recourse from Ebay.

However, this is definitely consumer fraud. You might contact Ebay to ask if any government agency handles these complaints.

actually it is. it is an internet crime that is punishable by law. i've dealt with it, so i know.

 

[fourseasons]

prc,

Hope you''ll get your money back!!!

 

[sistagrl2004]

Actually I would think this would be mail fraud. Any chance it was sent through the USPS?

 

[prc]

Thanks again everyone! I will contact ebay as soon as I leave work. Can''t access it from here.

Yes it could be mail fraud because he sent it USPS.

 

[Kaleigh]

Date: 2/24/2006 2:49:41 PM
Author: belle

Date: 2/24/2006 2:43:06 PM
Author: solange
I don''t know if this is a police matter and I doubt that they would handle a complaint like this. If I read the Ebay claim benefits correctly, you will only be able to collect $200 minus $25 for handling. Since Ebay is not selling you the merchandise directly, they only accept very limited responsibilty. There was a recent article about the very limited recourse from Ebay.

However, this is definitely consumer fraud. You might contact Ebay to ask if any government agency handles these complaints.

actually it is. it is an internet crime that is punishable by law. i''ve dealt with it, so i know.

Follow belle''s advice to the letter. Good luck.

 

[diamondfool]

Pam,
I''m not trying to be mean...but you are wasting soooooo much time. You NEED to start this dispute. It''s highly unlikely Ebay is going to be able to get your money back. I know with my situation with my credit card and paypal I had all the ammunition so American Express got it resolved super quick and the sellers paypal account was frozen.
Worst case for this guy...he''ll get booted off Ebay. But he''ll probably end up reregistering under a new name and selling again.
Get in touch with EBAY immediately. Stop wasting time! You need to find out what your recourse is. The guy isn''t going to give you your money back. Keep the ring. You should have sent it back within the refund period regardless. Just because you don''t have an appraisal in hand doesn''t mean you shouldn''t start the process now. I think though...that you are going to be out 3500 and stuck with that ring. I hope that''s not the case but from my own personal experience with EBAY and reading their refund/dispute policy, I took my credit card dispute route straight away knowing that AMEX always stands behind their customers. EBAY/Paypal frowns on credit card disputes...know why??? Because most of the time EBAY/paypal can''t recoupe the money from the seller who is so obviously committing fraud. The only thing they do with paypal is freeze the account...so if the seller never uses it again and you dispute with paypal/ebay you are liable to end up with no money.
Good luck but really...FILE YOUR CLAIM NOW!!!!!!

 

[f0rbidden]

i have one more suggestion for you
I don''t know how long ago you paid for this item, but if I understand correctly, you paid with a cashiers check?
contact the bank that issued the check right away - and see if it''s too late to stop payment on it. Yes, you CAN stop payment on a cashier''s check. Tell them that you are a victim of fraud. see if it''s already cleared.

I wish you so much luck. I know how painful this whole thing can be.

 

[diamondfool]

That''s a good suggestion however I think she paid for it at the beginning of Feb. I worked in banking for 10 years and it never takes this long for a cashiers check to clear. The longest I''ve ever seen it take is 7 days because most people deposit them immediately. Good luck...I hope the bank can help you out as well!

 

[solange]

Belle,
I was curious so I called a friend who is a detective at our local precinct. He said that they woud not take a complaint like this because they do not have the manpower or means to investigate it.
How did you go about reporting your incident? Is there a special division that handles internet complaints?

 

[XChick03]

You really not to stop wasting valuable time and file the eBay complaint now. The appraisal really isn''t going to prove anything at all because he can always claim its not the same diamond. Unless this guy isn''t the jerk we think he is, I doubt he''ll refund your money. As far as legalities go, it could be considered mail fraud, but you''d have a better chance with the internet case. Though, even as it stands, I doubt your complaint alone is enough for the seller''s local PD to take action, since 1) you don''t live there and can''t physically provide testimony 2) like I said before, he can always claim that the diamond in question is not the one he sent and since there really is no way to prove he''s lying, it''d be your word against his, and that''s not enough to prosecute on.

I''m sorry you''re in this situation and hope it works out for you, but the longer you take to file a complaint with eBay, the less likely it is you will see anything resembling a refund.

 

[XChick03]

Date: 2/24/2006 4:06:22 PM
Author: solange
How did you go about reporting your incident? Is there a special division that handles internet complaints?

From what I've learned so far, it depends on the police department. Most smaller towns don't have any kind of cyber unit because they're expensive and the need for it doesn't outweigh the cost.

ETA I was curious as to whether or not the FBI may have any jurisdiction over this, so I looked up the US Code and under Title 18, Part 1, Ch 47, which covers fraud and false statements, but like I assumed, there is nothing on basic consumer fraud.

 

[Rod]

I''m afraid I have to completely agree with Mara on this one. I was one of the people who advised you last week when you were within your time frame to return the ring that you do so immediately.

I''m guessing you''re never going to see a dime''s refund over this. He already told you last week that he believes you replaced the stone with a fracture-filled one. It may be your word against his word.

You are lucky that the most you can lose is $3500. I know that''s a lot of money, but you could have taken a hot tip and bought some stock in an up and coming company, only to see your investment dwindle overnight. Little solace I''m sure, but in the scheme of life, you may have no choice but to chalk this up to an awful, expensive mistake.

We''re all hoping you have a happy ending, but sometimes happy endings don''t happen. At least we hope you have your health and people around you who love you. That''s worth a lot more than $3500 to begin with.

Good Luck.........

 

[belle]

Date: 2/24/2006 4:06:22 PM
Author: solange
Belle,
I was curious so I called a friend who is a detective at our local precinct. He said that they woud not take a complaint like this because they do not have the manpower or means to investigate it.
How did you go about reporting your incident? Is there a special division that handles internet complaints?

every department is different i'm sure. i was told to file with the local (to the seller, not my own) police department and i did. i never asked the detective that i was working with about the department or what kind of complaints they handled.

pcr needs to make a criminal complaint and stop waiting around. she asked for advice and people are trying to help. filing with ebay is a very small step in this process and pretty much a waste of time in the sceme of things. the events need to be on record with them, but they cannot do anythig that will benefit her right now.

 

[kathleenmv]

I second the advice about filing claims with the state''s attorney general''s office (the seller is trying to defraud you) and contacting the police, as Belle suggested. You won''t know whether or not they can help until you ask.

I would suggest doing this in addition to filing a dispute with eBay. I guess it depends on the seller, but some will kowtow as soon as they realize eBay is involved. And, as Lorelei said, please do it just as soon as you can. Sounds like some have had mixed results with the eBay dispute process, but it worked for me. I also wouldn''t put much stock in the power of negative feedback to leverage your position. It''s time to move on from that and get others involved.

IMO, put all of the resources available to you in motion. Whether or not you get your money back, you''ll know you tried your darndest and left no stone unturned.

We''re rootin'' for ya. Good luck and get goin''!

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[diamondseeker2006]

Good grief! She hasn''t even tried the obvious first course of action and that is to threaten him with the negative feedback unless he promptly sets up an escrow arrangement and she''ll return the stone. She should give a deadline. Then, if he doesn''t comply, leave terrible feedback and again tell him it will be removed WHEN he completes the return/refund. You need to do this before taking it to the police!

 

[XChick03]

Date: 2/24/2006 6:16:01 PM
Author: diamondseeker2006
Good grief! She hasn''t even tried the obvious first course of action and that is to threaten him with the negative feedback unless he promptly sets up an escrow arrangement and she''ll return the stone. She should give a deadline. Then, if he doesn''t comply, leave terrible feedback and again tell him it will be removed WHEN he completes the return/refund. You need to do this before taking it to the police!

I thought she already left the feedback?

Pam, if you haven''t taken any course of action yet, you really need to get moving on this now.

 

[UCLABelle]

Hello!

No, it was a guy who decided against using the ring about 4 mos. past the return date, so he had to sell it on Ebay....We were really lucky, I guess.

 

[gailrmv]

Hi! I had good luck with an ebay dispute when the item was misrepresented. Granted it was only a $50 item but it did work out for me. Someone filed a dispute against me when it was completely unnecessary (item was damaged, allegedly, in the mail, or they damaged it, b/c it was in perfect condition when it left me.) Anyway I can tell you the dispute was onerous to me as a seller b/c it froze the $ on my paypal account which is connected with my credit card. So there is a chance a dispute would work. But get moving - file a dispute, talk to the police, follow the good advice that the more knowledgeable folks have given.

 

[belle]

Date: 2/24/2006 6:16:01 PM
Author: diamondseeker2006
Good grief! She hasn''t even tried the obvious first course of action and that is to threaten him with the negative feedback unless he promptly sets up an escrow arrangement and she''ll return the stone. She should give a deadline. Then, if he doesn''t comply, leave terrible feedback and again tell him it will be removed WHEN he completes the return/refund. You need to do this before taking it to the police!

if she hasn''t left negative feedback already (

) that is part of the process but the bottom line is, this person has committed fraud and she needs to take the appropriate action. sooner rather than later.

 

[pinkflamingo]

The seller has a new neutral from someone today, but not from Prc.

"Cert Gemologist: stones enhanced not true VS, color H not E, weight light"

So, obviously other people are having the same problem. Prc, perhaps you should try to contact this person (wizwas) on ebay to see how they resolved their problem.

Buyers watchussell and also cchallam also had problems recently. I would try to contact them for help.

Link to feedback

 

[prc]

I just filed a dispute through Ebay after the seller refused to use an escrow agent for the refund/return of ring. Also, he said that if I file a dispute, Ebay would see that it was over 7 days and not return the money. If we have to keep the ring, so be it. If we can get our money back, that will be a bonus.

BF thinks I shouldn''t list negative feedback yet. Plan to say: BUYER BEWARE! 1 ct diamond was SI1 not VVS1 and "Clarity Enhanced"-Not Disclosed. Will leaving negative feedback hurt my chances for a refund? BF thinks so.

I emailed the buyer who left neutral feedback for this seller today. Seller has no items for sale at this time. Hmmmm..... maybe he''s planning a quick exit....

 

[diamondseeker2006]

Pam, why haven''t you told the seller you will leave negative feedback if he doesn''t refund your money and then follow through if he doesn''t? I am willing to bet the three neutrals got thier money back because they wouldn''t be neutral if they didn''t!!!

 

[pinkflamingo]

pam,

he has two diamond auctions up here.

auctions

I am not really following why you havent threatened neg feedback yet. Nor do I understand why you didn''t return this earlier within his timeframe.

 

[diamondseeker2006]

Date: 2/24/2006 11:07:33 PM
Author: pinkflamingo
pam,

he has two diamond auctions up here.

auctions

I am not really following why you havent threatened neg feedback yet. Nor do I understand why you didn''t return this earlier within his timeframe.

That''s what I''ve been asking! If you read the feedback carefully, you DO SEE that he HAS refunded money!!!

"clarity not as expected.super fast refund.will buy from seller again. A+A+"

The guy has 100% feedback because the people who had the items appraised/verified got refunds and posted positives or neutrals because they got their money back! I would have never bought from this seller after reading his feedback. You can''t go by the 100%...you have to read the content. That said, if you are new to ebay, you must also ALWAYS follow the return rules. The diamond should have been returned before the 7 day limit was up. I really feel there will be little chance of disputing it now.