1 ct solitaire Ebay saga update

[aphisiglovessae]

What an ass! Are you sure that doesn''t mean you have to have received it within 5 business days? I would really check that out and if he''s violating that, report him AGAIN to ebay for the full amount. I know you don''t want a lot of trouble, but sometimes it really pays off.

 

[f0rbidden]

I have a suggestion.

Assuming that you receive the check - and I hope you do! - before you deposit the check into your account CALL his bank and ask for a merchant verification.
You will need to give them the account number, the check number and the amount. His bank will then tell you if the funds are available to cash the check.
Then! If there is a local branch of that bank, go there and cash the check instead of depositing the check into your account. If the bank does not have branches local to you, ask the bank if they have affiliations with anyone local where you CAN go cash it.

You''ve been through so much with this purchase/refund!! I''d hate for you to deposit a check and have anything happen after the fact and then incur fees and all the other BS that goes along with a deposited check being returned.

Now, a merchant verification is not a guarantee, but at least you''ll know before you head to your bank (or his!) that the money is available at that moment in time.

Good luck!!! Don''t forget to let us know what happens!

 

[solange]

If this dealer just sold the ring to the unerbidder as a second chance offer, he did not have to pay an Ebay relisting fee. Actually he really lost almost nothing because the underbidder was obviously not willing to outbid you.
I doubt that he would want to risk being taken off Ebay by either not sending you the check or having it bounce. He seems to have a number of sales. Of course, we do not know if they are legit. But I am hoping you have the relief of getting your refund and starting out fresh with a good Pricescope vendor this time. Good luck

 

[sanfranciscoellen]

I just wanted to say that while people are correct that buying this ring was a risk, let''s not forget that the reason you got in this situation is that you are a decent person, who expects others to be decent, and that you were not stupid to trust the established Ebay procedure (checking for 100% feedback etc) that millions of people use.

Yes, you could have returned the ring on time, but no one can understand how it feels to be swamped by the emotions of being cheated on your engagement ring, and then trying to figure out what to do when faced with multiple complicated options.

I am sure you and your boyfriend will be skeptical in the future, but don''t feel bad because your instincts were to trust.

But as a fellow Ebayer....YOU MUST LEAVE NEGATIVE FEEDBACK. If you do not, each new person that gets cheated by this seller will be in that situation partially because of you. Not to be harsh, but that is the truth. There is no reason, once the money is back in your hands, to play nice. It is the way Ebay works and you need to follow through. Your negative feedback (if he retaliates) will look absolutely benign and ridiculous to anyone savvy enough to read between the lines. If you mutually withdraw negative feedback, you will once again be assisting him in his criminal activity.

Good luck!

 

[Small]

I agree with leaving negative feedback. Once you have money in hand (either cash or the check has cleared your account) then leave the negative feedback. Who cares what he leaves on you. After this experience, how much will you be shopping on Ebay anyway? I left negative feedback after my situation and have no regrets. I could care less what they said about me...I''m not shopping at Ebay EVER again. I''ll just pay retail for whatever...at least I know I''m getting what I pay for and if not I can walk into the store and return it with my receipt. Good luck. Make sure you take my advice and that of Forbidden when it comes to cashing the check/verifying funds...it''ll save you headaches in the long run.

 

[Mara]

Date: 3/8/2006 10:02:08 PM
Author: aphisiglovessae
What an ass! Are you sure that doesn''t mean you have to have received it within 5 business days? I would really check that out and if he''s violating that, report him AGAIN to ebay for the full amount. I know you don''t want a lot of trouble, but sometimes it really pays off.

I agree, check into this and if he didn''t follow the rules then report him again. You may be the only one speaking up against this guy but maybe not....and the more the merrier to repor this horrible actions. Also I agree after you get the check, leave negative feedback. the eBay system is flawed with feedback as no one wants to incur bad against themselves but after all this hassle, I would take the risk and leave the feedback and then take a lump in return, you can always put another note on your feedback saying ''reported to ebay and followed dispute protocol'' or whatever....if you are worried. Most people can see through retaliation feedback on eBay. But I would really report it.

 

[solange]

Did you receive your refund yet. I hope so. Good luck.

 

[prc]

We just got the refund check in the mail yesterday from the ebay seller, drawn on Bank of America. My BF is taking to get cashed today at the local B of A to make sure the funds are there. Hopefully, it will be!

We''re once again starting to look for a 3/4-1 carat round if anyone has any pointers!

 

[mrssalvo]

That is wonderful news. I''d suggest learning everything you can here so you guys can make an educated decision on your next purchase. You''ve got a nice budget and should be able to find a beautiful stone.

 

[kenny]

Good news

I wonder if the visibility that Pricescope offers helped you get a favorable resolution.

Yes, stick around, read the diamond tutorial here.

Click on "KNOWLEDGE" at the top of this screen.
Select "ADVANCED TUTORIAL"

Read everthing.


Take your time shopping.

 

[prc]

Unbelievable! The seller just sent us a message tonight through the Ebay dispute center telling us to not cash the check because his ATM card was stolen and he had to close his account today. He said he will overnight us a new money order or cashier''s check. BF deposited the check today in his account because the seller''s bank wasn''t local to us. It will be $5 for the returned check fee now too.

 

[AndyRosse]

Un-freaking-believeable!!!

 

[MissGotRocks]

Oh, no, this saga never ends! I sincerely hope he keeps his word and sends a cashier''s check to you overnight.

Keep us posted - hang in there!

 

[mamchris]

I have been following little bits and pieces of this thread and I can''t believe what you are going through. I think this is criminal and maybe you should tell the seller that. Frankly I don''t buy the atm being stolen story. I hope that you get the money soon, because I am sure this is extremely stressful for you. I would be screaming at the walls by now.

 

[mjbipjd78]

What an awful situation. What state do you live in? What state is the seller in? Most states have a Deceptive Trade Practices Act (DTPA) where the seller would be civilly liable. In Texas, for instance, if you write a letter to the seller using some coined language, and he refuses to settle the matter, you are automatically entitled to 3x the amount of your loss.

Also, while you likely won''t get any response from law enforcement, I would encourage you to file a report at http://www.ic3.gov/. If nothing else, this could be used to prove that you seriously believe you were defrauded.

Just curious... were the measurements and other qualities of the stone (besides color and clarity) the same in his appraisal and the one you commissioned? If so, this would tend to demonstrate that his story about your switching the stones is false.

Good luck.
Jennifer

 

[aphisiglovessae]

He''s such a crook!

 

[mrssalvo]

Date: 3/16/2006 7:28:18 PM
Author: prc
Unbelievable! The seller just sent us a message tonight through the Ebay dispute center telling us to not cash the check because his ATM card was stolen and he had to close his account today. He said he will overnight us a new money order or cashier's check. BF deposited the check today in his account because the seller's bank wasn't local to us. It will be $5 for the returned check fee now too.

Oh prc, that is just awful

. I can't believe the nerve of this guy. I truly hope he follows though and overnights the $$. The other thing that worries me is why would he close is account because/IF his card was stolen, wouldn't you just cancel the card? I'm not sure what this guy is up to but it surely doesn't sound good. Please keep us posted.

 

[Jensia]

Condidering all he just sold on ebay, I REALLY REALLY hope he isnt taking everyones money now and running.

I would pay the 15 dollars and get an ebay mediator.

 

[Small]

I'd be REALLY surprised if you get a cashiers check. I think that was the whole purpose of him giving you the check in 5 business days to begin with. He needed time to get everything in order (checks clear and such) and now he's closed his account. Get a mediator involved and do everything you can to get this resolved NOW!

ETA: If his card was stolen you just cancel the card not close the account. He's lying to you!

 

[diamond_quester]

This is awful! I hope everything works out in the end for you.

Is there any chance that your bf already got the funds when he deposited today?

I don''t know the situation, but would guess that the seller closed his account in order to prevent eBay/PayPal from forcing him to refund buyers. If he had his account registered with PayPal, that could have been a possibility.

 

[sistagrl2004]

I actually think you need to contact LAW ENFORCEMENT!

 

[Kaleigh]

Date: 3/16/2006 10:45:14 PM
Author: Small
I''d be REALLY surprised if you get a cashiers check. I think that was the whole purpose of him giving you the check in 5 business days to begin with. He needed time to get everything in order (checks clear and such) and now he''s closed his account. Get a mediator involved and do everything you can to get this resolved NOW!

ETA: If his card was stolen you just cancel the card not close the account. He''s lying to you!

Yup he is full of you know what. Oh this is just the worst. So sorry.

 

[RockDoc]

RE: EBAY MEDIATOR

Dear PRC

I am a certified mediator with NY State - so is Dave Atlas and Martin Haske as well. ( We all took the certification mediation classes in NY together).

I would be glad to enlighten you on what to expect in mediation. No charge.

Before you elect a mediator, and if things do not work out, I am sure one or all of us will come to your aid and help in this situation.

I would suggest you make the long distance call to his bank - his local branch and verify the story of the stolen ATM card and his account being shut down FOR THAT SPECIFIC REASON.

If I remember the seller is in CA, if so there are some very unique consumer fraud statutes in that state.


Rockdoc

 

[pinkflamingo]

He is still selling on ebay. He has a fresh new negative.

I would report him and maybe think about hiring a lawyer for an hour to write a letter asking for the money back, fees, etc, or else you will take him to court. Then you can sue.

Do you have his full name and address? You two had a contract (to return money within 5 business days) and he did not deliver.

Not a lawyer, this does not constitute legal advice, LOL!

 

[mrssalvo]

Date: 3/16/2006 11:59:35 PM
Author: RockDoc
RE: EBAY MEDIATOR


Dear PRC


I am a certified mediator with NY State - so is Dave Atlas and Martin Haske as well. ( We all took the certification mediation classes in NY together).


I would be glad to enlighten you on what to expect in mediation. No charge.


Before you elect a mediator, and if things do not work out, I am sure one or all of us will come to your aid and help in this situation.


I would suggest you make the long distance call to his bank - his local branch and verify the story of the stolen ATM card and his account being shut down FOR THAT SPECIFIC REASON.


If I remember the seller is in CA, if so there are some very unique consumer fraud statutes in that state.



Rockdoc

Rockdoc, that is very generous of you and prc I hope you take him up on his offer to help

Just knowing you''ll have Rockdoc on your side makes me feel a whole lot better

 

[prc]

Thank you so much RockDoc for the offer and everyone for the support. I would love to have some mediation advice. I do have his name, address and phone number. He does live in CA - I want to say Newbury Park (?). The unsigned appraisal was performed by GRA in LA so he must live near there. Another odd thing is that the seller never told me the name of the appraiser who is sighting these stones and giving selling values and color/clarity ratings but you have to pay an extra $65 for the "official" appraisal that doesn''t have any stats, just size, color, clarity, florescence, polish, etc. . I asked the seller for the name of the appraiser and he said he would give me the name of the appraiser "on Tuesday" about a month ago but never did. Of course, I asked more than once and he ignored the question in future emails.

The check was drawn on his business account. Why did it have an ATM card anyhow? I also realized in bed night before last (while attempting to sleep!) that he could have just cancelled the card, not closed his account. So, yes I do believe you all are right about that too. I told BF that he must think we are some backwoods, barefoot Kentucky hicks for sure! We are from KY but not stupid as he must be assuming....

BF deposited it in his account yesterday and seller sent message Weds (the day we received the check) demanding that we don''t cash it that he''s sending replacement cashier''s check or money order overnight. The way his message read irked me too - it was "Do not cash that check!...." The overnighted check should be here today but we haven''t checked the mail yet. I''m just leaving work and BF hasn''t made it home yet either.

I haven''t responded back to the seller. If I told him we cashed the check, he may not send the overnighted check, I figured. Plus we''d already deposited it before I saw his message. I didn''t know I had to check the dispute daily for another issue (although I should have known)...

Just when I thought it was over... I think I''m getting stress-related health issues. No more Ebay for me ever, not even for concert tix or cheese sandwiches with pictures of Jesus!

 

[f0rbidden]

egads, what a horror to have to deal with!
i cannot even believe he pulled this latest in the long line of bs!!

Worst of all, I''m sorry that you deposited the check where now you can incur a returned check fee in addition to everything else.

I can only hope you find a cashiers check in your mailbox when you get home. As for the ATM question - most business bank accounts now have visa or mastercard check cards attached to them, just as with personal accounts - but as you and several others have said, if the card was lost or stolen, or there was fraudulent activity using the card, the bank would have just closed the card, not the bank account - especially BofA.

Did you, by any chance, keep a copy of the check before you deposited it? If so, give BofA a call and see what they have to say about it - could be the bank account is yet open. from my experience with BofA business accounts (which admittedly is somewhat limited) they don''t just CLOSE an account - they leave it open so outstanding checks can clear. don''t quote me on that, I''m not in Cali and the rules there are not the same as they are in other states.

I agree with other comments - you should take advantage of the mediator options available to you, before any more time has passed. this has certainly dragged on long enough.

I''m so very sorry you''ve had to deal with this huge mess and hope that ultimately it turns out well.

 

[Dancing Fire]

is there a BofA in your town? if yes, you should of walk into a BofA and cash the check on the day you received.

 

[phoenixgirl]

Several things could be going on here:

Delay tactic -- just another way to keep you from getting your refund

Lie -- he knows the check will bounce because of his own idiocy, so he made up the loss of card story to buy himself time

Truth -- he really did have his card stolen (but then why would he have to tell you not to cash it? It just won't go through)

I hope it's a delay tactic and it ends up backfiring by the first check going through anyway. If that doesn't happen, I hope that money order appears tomorrow.

By the way, I had a bad ebay experience too, but for much less money ($200 something). My diamond earrings were supposed to be "H-I" color, but they were "N-O." When I called to complain, I got the runaround, was called "sweetheart" and told the price I had paid was "awfully cheap" for H-I color. Then I was told that the "ebay people" were on vacation, and then that the president of the company was on vacation. When I finally got my refund, they called me a "crybaby with buyer's remorse" in my feedback . . . showing just what kind of people they were, petty and childish and deceitful.

I now only use eBay for small purchases which can't be found elsewhere. For instance, we just got a Loretta Lynn album that is only on LP for my mom for mother's day (had to get it early so we can get it converted to CD). But you just can't find things for below market value there. Ebay itself is a market, so truly desirable items will be bid up. If the item isn't bit up by savvy consumers, then there's a catch (like your clarity enhancing).

 

[prc]

Hi all. Big surprise - no check in the mailbox. His message dated 3/15/06 said he would overnight the check yesterday. I have now responded back saying that we haven''t received it and asking for the tracking # and when he sent it.

I called B of A when we got the check and they had no banks in our area so BF deposited in his acct. I asked about our bank verifying the funds too and B of A said they don''t verify funds over the phone anymore. BF made a copy of the check so we''d have it for legal purposes that we will likely be pursuing.

Let''s hope we see the check soon but I''m getting even more doubtful than I was before.... didn''t know that was possilble. He sold the ring fto us and then sold it a second time and that buyer has already posted feedback so I don''t know why he wouldn''t have the money to pay us in the first place.