Conned on ebay. I quit!

[LD]

Kelpie - you had a contract with RH. That contract stated that you had a 150% returns guarantee. That means, that contractually, if you're not happy with the stone for whatever reason (or the stone is misrepresented), she will refund you. Her contract with you is NOT contingent on who shipped what, to whom and when. So this is a simple case of breach of contract. The fact that she's trying to foist a stone on you that you have returned is of no consequence and utterly irrelevant. I'm sure RH believes that if you have the stone she doesn't have to refund you but in law that is totally incorrect. You are right to refuse the stone back through the postal system and honestly should do everything to force a refund.

Good luck.

 

[partgypsy]

Stone was returned to keplie yesterday because she has refused to forward me any information about a claim with AGL or USPS. I am not going to keep the stone as at this point it does not belong to me. I accept returns if returned in the same condition as it is sent out. This is obviously not the case with this stone, so I am refusing the return. I offered to help with the claim, but kelpie refused, so she can handle it on her own. The claim amount through USPS or AGL would never cross my hands anyway because I am not the shipper. It would automatically go to kelpie as I explained to her.

Insurance exsists for this very reason. The concern about the stone being insured for more the its value is bogus. Because I am not the owner of the stone, or the shipper, it would cover the purchase price kelpie paid. As far as its value, shortly after this thread started its sister stone (less saturation and slightly smaller) sold for 750.00 as a non cuprian afghan tourmaline (I sent that one to GIA after this ordeal). So the value of that stone is completely in line with the insurance amount. There is no reason not to file a claim with AGL (who packaged the stone so poorly, causing damage) or USPS, and I honestly am at a loss as of why keplie has not other then bogus excuses and accusations that are completely unwarented. And the fact she refuses to file (or has but has not disclosed) makes me uncomfortable of her intentions. Because I am a 3d party with no rights to the claim money, there is no protection to me if I refund her the money first, and she refuses to forward the claim money (aka pockets it) to me or does not file a claim at all.

As far as these accusations (I only skimmed the thread) of the stone being sent to her cracked. I honestly think if it was cracked as much as it is now when I sent it to her in the first place, that would have been the first email I would have received. I have not heard from kelpie about any crack in the stone, or is it in the AGL photo. I know of every inclusion by memory and microscopic image that was in that stone before it was sent out.

And as asked above, yes my website is down for the moment. Ironically the attempt to 'ruin my reputation' increased traffic and my stock has been sold. It will be down for the next few weeks until I restock then listed back up. My customers have been informed of this.

Kelpie, if you do not accept the stone or packaging, that is your own choice. It has been sent back to you, so you can file the claim (like I said, I cannot do this because I am not the shipper or under contract with AGL).

This is all I will say about this subject from here on out. Good luck.

Wow - this is crazzeee. RH, do you really believe your own bs? You you really think that Kelpie is the owner of the stone? The transaction had NEVER been completed. It was contingent on certain things (including copper bearing) which turned out not to be true. You AGREED to those conditions. But since they do not suit you you are now changing the terms and keeping her money. I honestly don't know how you you sleep at night and I have lost all sympathy for you.

 

[Addnamehere]

To the members of this board who are calling my home phone at all hours of the day and night. This is harassment. I have not done business with you and do not know you. Your names and numbers are being forwarded to the local police and charges will be filed for harassment.

To those emailing me on ebay, I have not done business with you. This is also harrasment, and all emails will be forwarded to ebay for harrasment.

The only person permitted to contact me is kelpie.

Pricescope.com has also been sent a message regarding the harrassment from members on this board. I take threats to my children and family very seriously, and those responsible will be facing charges to the fullest extent (My phone DOES have a record button).

6:03pm 10/3/11: And to the person who JUST called with a blocked ID.... The police will be calling the phone company and can and WILL find out who you are. Nice try.

 

[y2kitty]

I seriously doubt anyone is harassing you.

 

[Aoife]

I seriously doubt anyone is harassing you.

I suppose it's possible, since there are always lurkers who don't participate in the threads,and would have seen the contact info, but the cynical side of me is skeptical. As far as I am concerned, I'm pretty clear in my own mind that Kelpie is the true victim in this scenario.


Edited for clarity

 

[Rhea]

I'm sorry that you're being harassed. I can't believe that someone is going that far out of their way to make threats to your family. Or that you're going that far of your way to side-track the thread. How do you know it's PS members? Or which ones it is? No one exactly calls up and introduces themselves by their forum username.

 

[Arkteia]

There are different people on any forum, of course. But most of PS-ers who are regulars are professionals, some are lawyers or at least well-versed in the aspects of law as it seems from their posts. I doubt that anyone would be uncautious and unreasonable enough to harass someone on the phone or eBay when there are legal avenues to proceed... plus, people who buy stones are usually working their rear ends off and usually are too tired at night to harass RH on the phone. Things happen, of course, but in view of RH's prior false statements and accusations, I became somewhat sceptical.

 

[brandy_z28]

Karma...who'd a thunk it? Seriously, who in the hell has time to waste calling RH? LOL Ludacris!

For clarity:
ha·rass
[huh-ras, har-uhs]
- verb (used with object) 1. to disturb persistently 2. to attack repeatedly

Good luck with all of those chagers. Maybe they can question you, RH, for theft while they're at it. Seems like it'd just be easier to do the right thing, refund kelpie, and end it all together. That would admit wrongdoing though. You're not capable.

If you're just looking for sympathy I really do feel bad for you and your family. I hope that you can crawl out of this hole you've dug, and still continue to dig, for yourself. You need to be a good role model.

 

[Mynah*Bird]

Now it is onwards to harassment? This entire thing is so ludicrous...when the solution was SO simple....

And the saga continues.

Meanwhile, back at the ranch..........




Kelpie, I am still SO sorry that this continues to get more and more crazy!

 

[Indylady]

Again Kelpie, following this thread and hoping you get resolution soon! More and more dust.

 

[minmin001]

lol... who knows your phone number? did you post it on ebay for everyone to see?

 

[Haywood74]

To the members of this board who are calling my home phone at all hours of the day and night. This is harassment. I have not done business with you and do not know you. Your names and numbers are being forwarded to the local police and charges will be filed for harassment.

To those emailing me on ebay, I have not done business with you. This is also harrasment, and all emails will be forwarded to ebay for harrasment.

The only person permitted to contact me is kelpie.

Pricescope.com has also been sent a message regarding the harrassment from members on this board. I take threats to my children and family very seriously, and those responsible will be facing charges to the fullest extent (My phone DOES have a record button).

6:03pm 10/3/11: And to the person who JUST called with a blocked ID.... The police will be calling the phone company and can and WILL find out who you are. Nice try.

Let's see, if I was going to do what apparently has been done (misrepresent an item for sale, breach the terms of the implied contract of the sale, entice someone to commit insurance fraud that would benefit one's self, and just generally being an arrogant **self edited**), I think what I would do is to get as much heat off of myself as quickly as possible. Publicly claiming harassment and threats of getting law enforcement involved may do the trick here.

However, one should be cautious of getting law enforcement involved. An investigation of everything going on may just turn around and bite the "wrong" tail here. Publicly stating that you are recording people on the phone is not very wise since it is illegal in most states to record someone without their permission. At this point though, what is one more law being broke?

For the record, I did not contact RH in any way shape or form. Just stating here how I might feel if I were in her shoes in this whole debacle of a situation. This whole thing is just unbelievably insane. I hope she calls the cops and reports harassment on someone. The details of how this all went down getting into the hands of law enforcement is probably the best thing possible in my opinion.

 

[Deia]

Lol this has got to be the worst yet most entertaining thread ever. What a nutcase the seller is. Kelpie I am so frustrated with this all and I'm not even involved, can't imagine how you feel. Dealing with what seems an unstable person must be tough.



For the love of all that is mighty, Refund kelpie and move on with life. Karma bites back, and it will bite hard.

 

[Addnamehere]

To anyone who thinks forcing me into a corner with threats will change the business outcome is wrong. The police were shown this thread, and the situation explained. They told me they are only concerned with the threats because this situation is a 'civil matter'.
So if any of the members who have made threats think I won't go to the police out of fear of 'getting in trouble' you are greatly mistaken. It will not be tolerated and all threats or harassment will be reported.
And how am I so sure it's PS members? Because the couple of times I did answer the phone, the women mentioned key things posted in this thread during their ranting and called the buyer 'Kelpie'.

It is sad and disturbing to see this is the type of conduct PS has degraded itself to if a transaction doesn't go right.

 

[decodelighted]

Report yourself to the KARMA POLICE. (Oh wait -- no one has to .... it just catches up to you NO MATTER WHAT.)

 

[SB621]

Oh RH I *almost* have no words for you. I really sincerely doubt that any PSers are contacting you. Mainly because the majority of us are professionally, family orientated, hard working, ethical human beings that realize there is no benefit to contacting you and agrivating the situation. As far as I'm concerning I just wish you would refund Kelpie so this whole matter can get swept under the rug and I can go back to pretending you were never here.

Kelpie- any luck with paypal or your credit card for the refund?

 

[kelpie]

There are different people on any forum, of course. But most of PS-ers who are regulars are professionals, some are lawyers or at least well-versed in the aspects of law as it seems from their posts. I doubt that anyone would be uncautious and unreasonable enough to harass someone on the phone or eBay when there are legal avenues to proceed... plus, people who buy stones are usually working their rear ends off and usually are too tired at night to harass RH on the phone. Things happen, of course, but in view of RH's prior false statements and accusations, I became somewhat sceptical.

Actually, this is me. I have a long background in business law and manage contracts by trade so I am aware of my legal rights and remedies. These don't include harassing phone calls. We are professionals here and aren't going to waste time on petty avenues. If anyone is by chance actually harassing RH, please stop. You aren't helping my cause, the worst thing that could happen now is that this thread gets deleted by mods and future customers have no chance to read the account of my experience buying from The Rock Hugger. I am persuing this via legal remedies, I just can't post all the details online for everyone and RH to read.

Thank you to everyone for their continuing empathy and support, it means more to me than my $850.

 

[Upgradable]

What about asking Ella to lock the thread?

 

[brandy_z28]

It is sad and disturbing to see this is the type of conduct PS has degraded itself to if a transaction doesn't go right.

That's right! This is everyone but RH's fault! What is wrong with everyone on PS?! If anyone is harassing RH they should stop. Phone calls won't help her be a better person. Total waste! PS has degraded itself...what a piece of work...

 

[missydebby]

Oh I would LOVE Judge Judy to have her say to this fraud and scammer. What a piece of work.

 

[LD]

To anyone who thinks forcing me into a corner with threats will change the business outcome is wrong. The police were shown this thread, and the situation explained. They told me they are only concerned with the threats because this situation is a 'civil matter'.
So if any of the members who have made threats think I won't go to the police out of fear of 'getting in trouble' you are greatly mistaken. It will not be tolerated and all threats or harassment will be reported.
And how am I so sure it's PS members? Because the couple of times I did answer the phone, the women mentioned key things posted in this thread during their ranting and called the buyer 'Kelpie'.

It is sad and disturbing to see this is the type of conduct PS has degraded itself to if a transaction doesn't go right.

Seriously? I honestly don't know whether to laugh or cry! Just when I think your response can't get any more ludicrous - you surpass yourself!

Nobody would waste their time/money on calling you. When you show this thread to the Police (unlikely) make sure you mention that YOU HAVE DEFRAUDED KELPIE will you? Please please please go to the Police. Perhaps they can knock some sense into you and NOBODY on this forum is frightened of ridiculous empty threats that have never occurred.

The last two posts are immature, unbelievable and honestly, frankly embarrassing. I sincerely hope that this thread shows up in all Google searches so that people know who they may be dealing with.

 

[SB621]

Oh RH I *almost* have no words for you. I really sincerely doubt that any PSers are contacting you. Mainly because the majority of us are professionally, family orientated, hard working, ethical human beings that realize there is no benefit to contacting you and agrivating the situation. As far as I'm concerning I just wish you would refund Kelpie so this whole matter can get swept under the rug and I can go back to pretending you were never here.

Kelpie- any luck with paypal or your credit card for the refund?

Opps! Please excuse my horrible spelling. I meant **Aggravating.

 

[kelpie]

Oh RH I *almost* have no words for you. I really sincerely doubt that any PSers are contacting you. Mainly because the majority of us are professionally, family orientated, hard working, ethical human beings that realize there is no benefit to contacting you and agrivating the situation. As far as I'm concerning I just wish you would refund Kelpie so this whole matter can get swept under the rug and I can go back to pretending you were never here.

Kelpie- any luck with paypal or your credit card for the refund?

No refund as of yet, but not for lack of trying! This is why I quit eBay. Who can you trust and they haven't even followed through on the meager remedies they have offered me like restoring the eBay bucks I used to buy it in part and reprimanding RH.

Thanks Sarah

 

[missy]

That really sucks Kelpie. I am so sorry that RH hasn't done the right thing by you. I don't think this thread should be locked but I think it should be stickied as a warning to anyone else who might buy from this crooked ebayer!
Still hoping you get your money back!

 

[Hera]

Why is she allowed to post on Pricescope under an different name?

 

[FrekeChild]

Why is she allowed to post on Pricescope under an different name?

Good question. I believe that is against the terms...

 

[soberguy]

I am in the extreme minority here, and I'm sure to be blasted for this... But I am not sure this forum is the place for this sort of thing. My understanding was that this was a forum to discuss colored gemstones, not purchase disputes. Perhaps there is a better place for this thread?

 

[SB621]

I am in the extreme minority here, and I'm sure to be blasted for this... But I am not sure this forum is the place for this sort of thing. My understanding was that this was a forum to discuss colored gemstones, not purchase disputes. Perhaps there is a better place for this thread?

Pricescope is a consumer advocate site. This is completely appropriate for this forum and one of the reasons why it exsists. We/ They want your experiences with all vendors....the good, the bad and the ugly. To me these types of threads are just as important, if not more so then the "Look at my new gemstone." I love that PS can assist me with trusted vendors and point me in the right direction so I don't get put into a situation like this.

 

[Aoife]

I am in the extreme minority here, and I'm sure to be blasted for this... But I am not sure this forum is the place for this sort of thing. My understanding was that this was a forum to discuss colored gemstones, not purchase disputes. Perhaps there is a better place for this thread?

I agree with SarahBear, and would add that in this specific case, it seems to me that the vendor used her past presence on Pricescope in her business dealings. By Kelpie's own account, part of why Kelpie was inclined to trust RH was because she remembered that RH had been a fellow Pricescoper, and she trusted RH far longer than she would have otherwise. The result is that Kelpie no longer has the means of recovering her money through PayPal or ebay. This, to me, is an extremely cynical misuse of the Pricescope forums on RH's part, and if we can't hold her accountable here, what on earth is the use of calling PS a consumer forum?

 

[MissStepcut]

Why is she allowed to post on Pricescope under an different name?

Good question. I believe that is against the terms...

You can change your name and retire an old account with permission. I did.