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Trouble with my diamond

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Honestly, I''d risk it and hope that the rest of my positive feedback would outweigh it.
 
I think it''s time to fish or cut bait. Either initiate a dispute through ebay and paypal or just accept that you got scammed.
 
Date: 12/6/2007 2:45:21 PM
Author: CaptAubrey
I think it''s time to fish or cut bait. Either initiate a dispute through ebay and paypal or just accept that you got scammed.
DITTO.
 
gosh, i''m sorry. definitely proceed with the ebay/paypal dispute and hope for the best. One great reason to always pay with a CC b/c getting your $ back is so much easier.
 
I had to file a dispute once through paypal. In my case the seller never responded so paypal was able to refund my money. I know its a long shot, but did she by chance put the paypal protection in her auction? It is definately worth a shot to get your money back, even if you can only get some of it.
 
Perhaps I''m lost in the posts, but other than the initial test done by a questionable person in a store, is there any hard evidence that this is a sim? Could the stone be reaL?
 
Date: 12/6/2007 3:47:43 PM
Author: kellyfish
Perhaps I''m lost in the posts, but other than the initial test done by a questionable person in a store, is there any hard evidence that this is a sim? Could the stone be reaL?

She provided some more detail later in the thread:

Date: 12/6/2007 1:46:40 PM
Author: nottypicallyperfect

I received the ring last week tuesday and emailed her that I received it. I took it to the city on wednesday very confident that I''d made a good purchase. So, we went to Kay and sat down looking at the settings so it would be ready before our wedding. This size diamond just was a better match for the wedding band I selected with was a 1/2 ct of diamonds. 8 individually set in 18k white gold. Love it!! Anyway, I was so excited and picked out my band that was going to go with the wedding band perfectly. I asked just to diamond check it to be sure. The tester didn''t beep. My heart sank as he held my wedding band and checked every diamond it that to show me that it wasn''t his tester.

Unless the folks at Kay were engaged in some elaborate scam to get her to buy a diamond there (highly unlikely for a big chain store), it does sound like it''s a fake.
 
Well the "questionable" person was the SA and they used confirmed diamonds (from her wedding band) as a control when they tested the main stone. But no, she hasn''t had an actual appraisal done.
 
got it....not good.....
 
I would not give up if I were you, this woman ripped you off and now she is ignoring you! I agree that it is better for you that you did purchase through ebay, now I suggest that you file a dispute! Save everything that she sent to you and that you sent to her. But definitely DO NOT give up on this!
 
nottypicallyperfect, I am so sorry to hear about your problems.

I first wanted to answer some questions that people had posted. A synthetic diamond can have an SI clarity. I have a friend who got a sim and it looks very clear through a loupe, especially through the table. From the profile, I could see a small cloud inclusion, but since it was dirty, I could also be lotion.

Another "home test" to see if a diamond is fake or not is to breath on it. As you might know, diamonds are poor conductors of heat, thus, if you are to breath on it like you are fogging up a pair of glasses, the fog usually dissipates quickly on a real diamond, but not so quickly for a cz. I will ask my friend if I can breath on her sythetic diamond to see if it behaves the same way. Of course, some "fake" diamonds also do that, my cz studs don't. They take a noticably longer amount of time to clear up. In fact, I have enough time to see the fog clear up under the loupe, I can't do that with the diamond.

Have you actually gotten the diamond in question tested?

If so, do you know if it is real, synthetic, or cz (or something similar?)

Since the package was sent USPS, did she insure it and state the contents of the package (i.e did she say diamond ring value $$$)? If so, you could file a claim with the USPS fraud investigation unit. If you can prove (with an appraisal) that it she committed fraud, that would be considered a federal crime. It is worth a claim.

I would also file a claim of fraud - again once you get an appraisal - with eBay. I believe that if you report fraud in a short amount of time, they might be able to make you whole (less their dispute resolution fee)

what state are you in and what state is this woman from?

I believe that if you file a small claims suit against her, you will need to file suit in the county in which she lives and/or where she shipped the ring from. I know that in CA, the maximum recovery amount is $7500, in other states, it is $3500 or $5000. It all depends. However, if you do file suit, you can also include other fees such as the file fee, appraisal fee, etc. However, if it is fraud, I would first start off by contacting the district attorney in the county in which she lives and/or does business (sent the ring from). That way, you can file a criminal suit against her first. A judge might be able to have her repay you. I know that small business owners have done that for people who have bounced checks. The DA would recommend that a judge order that the victim be paid back. Of course, if they have no money, you will need to file a civil suit. A civil suit judgement could allow you to garnish wages until you are paid back. The small claims is a civil suit. I would also find out what the statute of limitations for fraud in the state that the woman lives in. That way, you can reserve the right to file suit if you can't get your money back through the criminal suit.

Additionally, if it is fraud, file a police report in your county and her county.

Bad things happen to good people, it doesn't make me think less of you. I just serves as a reminder that not all people are to be trusted. In fact, I am glad you came to us. In this forum we help each other through sharing our experiences and knowledge.

Best of luck
 
gtn,

It was tested and they did use my diamond wedding band as a control.

I''m in NY and she''s in PA. If she were closer I''d go knocking on her door lol.

I tried the breath test with it and my real diamond and sadly they both cleared up at the same time. I''ll take it in to one more place, but I don''t have any hope left that it''s real.

I will definately file the paperwork with the PO and go that route as well along with filing a police report. It''s just a shame that it had to come to this. Normally when I have a problem on ebay it works itself out.

Thanks, Jess
 
Jess,

The statute of limitations in the state of PA is 2 years from date of discovery which would mean December 4, 2009 is the last day you can file a civil suit against this woman in PA. the maximum amount of recovery is $8000 which should cover any cost that you incur as a result of this matter. Also, I can''t help but think that since this fraud occurred through the mail and since the fraud (if it isn''t a diamond) also occurred in NY, maybe you could file in federal court, thus eliminating the need to file in PA... I will try to look into that. If there are any lawyers or law students out there, feel free to chime in.

I think at this point, the most important thing to do is to get paperwork certifying what the diamond actually is. I would also print up copies of the eBay page and bookmark them. You should do this before the seller has time to change/edit the page. Also print up the email correspondence with this person and eBay gathering as much information as you can. Make sure that you unhide any details that can be revealed. You get the idea, gather evidence.

You are right, it is a shame that it has come to this, but something good will come out of it. Stay strong.
 
Paypal. File your claim with Paypal. That is your best bet for a full and relatively speedy [30 days ]recovery.So you get a negative? So what? You can respond to those and tell your side. Unless you have a slew of negs it will not hurt you. Ebay will not likely do a thing but Paypal will.
 
Date: 12/6/2007 2:20:42 PM
Author: nottypicallyperfect

Sadly, I pay cash, so it was a direct transfer though my bank. Thanks for the links!!

You mail cash to an out-of-state stranger to buy things? Yikes. I would change this procedure immediately if I were you.

You have an extremely weak case and it’s getting worse by the day. It’s probably too late at this point. You needed to deal with this before you had it taken out of the setting and you needed to be able to reference a credible professional (like the independent appraiser that you’ve been advised to visit so many times). Who took it out of the setting? Did they say anything at that time? Will they put it in writing and sign it?

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver
 
Date: 12/7/2007 9:01:35 AM
Author: denverappraiser

Date: 12/6/2007 2:20:42 PM
Author: nottypicallyperfect

Sadly, I pay cash, so it was a direct transfer though my bank. Thanks for the links!!

You mail cash to an out-of-state stranger to buy things? Yikes. I would change this procedure immediately if I were you.

You have an extremely weak case and it’s getting worse by the day. It’s probably too late at this point. You needed to deal with this before you had it taken out of the setting and you needed to be able to reference a credible professional (like the independent appraiser that you’ve been advised to visit so many times). Who took it out of the setting? Did they say anything at that time? Will they put it in writing and sign it?

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver
I don''t buy anything that I don''t have the funds to back up. I didn''t mail cash. I have my PayPal account linked to my bank account. The funds are withdrawn by PayPal and forwarded to the account of the seller choice.
 
Oh My! I cannot believe that you still did not run out to have the ring tested at an appraiser. My one experience with buying on ebay was positive but I had the seller take it to the independent appraiser prior to me paying, I got the report from the appraiser, paid the girl for the fees and she shipped, then as soon as I got it, I louped it for the inclusions! Run Run as fast as you can to an independent appraiser. I did not get a full appraisal just one stating that th GIA report matched with the diamond that was being sold and it cost me $50.
 
I stand corrected. So you paid with paypal using their direct bank withdrawl option. That’s not cash. It's definitely better but still not very good.

Complain to Paypal.
Complain to the bank.

Don’t hold your breath, you’ve not built your case but those are your remaining choices.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Jewelry Appraisals in Denver
 
I have a couple of things to add. One is that the heat conductivity test is not infallible even using a control diamond. If a diamond is dirty it will NOT always make the tester beep. I test diamonds a decent amount at work- I work at an antique store that sells estate jewelry- and in my experience, about half of the stones I''ve tested need a good cleaning before the tester will actually beep. (Maybe other testers work better but that is my experience with the one I use.) However, even a dirty diamond conducts a better than a CZ, so if you saw the bar go up more than a notch or two it''s probably a diamond. CZ barely conducts, and the tester will only go up at very most two notches even clean.

Regarding negative feedback, I would say suck it up and give her a negative, if it is proved to be a CZ, even if you decide to blow off making a claim. She''ll do it again if she got away with it this time, and you might save someone else some $$$ even if you don''t get yours back. Yes, she might leave you a neg. But everyone who uses ebay much is familar with the retaliatory negative, and I really don''t think anyone would hesitate to work with you because of one. You can always leave a comment explaining it on the feedback, and anyone who looks at when feeback was left for whom could tell exactly what happened. I would really urge you to do this for the sake of the next person.

Oh, and as an aside:

I have a beautiful purple stone that my grandfather got me in Thailand when I was a child. I was told it was an "alexandrite". Turns out it is not an alexandrite, and the best conclusion anyone can come to is that it is a "synthetic alexandrite".

You aren''t alone. 99% of the "alexandrites" I''ve ever seen are synthetic ones (they''re a form of synthetic corundum if I recall right). Real ones typically face up dark greenish and color change reddish- the synthetic ones are the pretty bluepurple ones usually, that color change to bright pink. Even Victorian rings can have synthetic alexandrites in them. I cannot tell you how many ladies- including my own grandmother- have utterly believed that they own a lovely huge purple alexandrite. I suspect they must have been marketed deceptively quite a bit, because it is so, so common to see that... so you aren''t alone by far and away. (Honestly I think the synthetic ones are a lot prettier than the real ones I''ve seen!)
 
Hi Jess,

I wanted to know if you have any updates for us?

Sorry I have been busy and unable to log into ps. Work keeps getting in the way ;)

I found this story that talked about fraud on ebay

Also I think that person commmitted grand larceny/felony larceny. Please pursue this!

g
 
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