SCOTT CONTACT YOUR LOCAL FBI OFFICE AND SPEAK WITH AN AGENT ABOUT YOUR SITUATION. DEPENDING ON WHAT STATE HE IS IN YOU CAN ALSO CONTACT THAT STATE'S ATTORNEY GENERAL'S OFFICE. TRANSACTIONS OVER $500.00 IN MOST STATES IS A FELONY CRIME. EBAY PROTECTS ITS SELLERS AND LEAVES ITS BUYERS OUT TO DRY. THEY HAVE A ONE-SIDED VIEW OF HOW TRANSACTIONS WORK. THEIR BUSINESS THEORY IS ATTRACT SELLERS AND BUYERS WILL FOLLOW. I HAVE BEEN HIGH BIDDER ON AUCTIONS THERE BEFORE AND THE SELLER REFUSED TO SELL BECAUSE THE BID WAS NOT WHAT THEY FELT IT SHOULD BE EVEN THOUGH THEY HAD NO RESERVE. WHAT DID EBAY DO? NOTHING! EBAY SAID HE WOULD PROBABLY RELIST IT AND I COULD BID ON IT AGAIN,...FUNNY HUH? BE CAREFUL WHO YOU DEAL WITH AND TRY TO DO COD IF YOU CAN. |
This guy is an internet crook.Don't have a stroke over it,its not worth it.Give him the feedback on e-Bay he deserves and keep after e-Bay to keep after him.Be prepared to swallow your loss.Do what you can to make his life hell but don't get sick over this.Check feedback closely and e-mail others that have bought from someone that has something you want.Be glad it wasnt more money. |
I filed a fraud complaint with Ebay and their dispute resolution site, but I'm finding out that they don't really have any teeth (and seller never acknowledged it). Seller was just mailed a check from UPS for his damage claim for $611. So now seller has my $545, speaker returned to him and $611 to boot. Seller has since made offers to sell me the speaker at reduced cost, and claims internal repairs were made (by a buddy). I declined his offer and requested my refund again. Today seller emailed me with demands that a)I remove my fraud claim b)that I sign some letter he will write claiming all is well... and c)he requests I don't bid on his auction anymore. If these conditions are not met, "MY REFUND WILL BE ON HOLD". I've been playing "nicey, nicey" with this guy for about as long as I can stand. I had the understanding that our transaction was binding, and the seller was obligated to deliver the product as stated. In my opinion, seller falsely depicted speaker condition to begin with, then failed to insure as agreed, then defrauded UPS with a false damage claim. If seller advertised "a 3-month-old speaker with nick in one corner, otherwise excellent" isn't he legally bound to deliver said speaker? I've thought about small claims court, but know nothing about it, and have seen comments that it is not as easy as it sounds. (I'd love to nail this guy for every penny purely on principal). For the last month I've just hoped to get my money back, but this guys really asking for it! I'like to hear more suggestions on a course of action? Again, thank you to everyone for your input. |
I SHIP ABOUT $3 MILLION A YEAR IN MERCHANDISE AND FIND THEY ARE ALL ABOUT THE SAME. THEY EACH HAVE 2%-3% A YEAR IN DAMAGE CLAIMS, MERCHANDISE THEFTS IN TRANSIT, WRONG DELIVERY ADDRESSES AND SO ON. CHRISTMAS SEASON IS THE WORST AND ACCOUNTS FOR 75% OF THESE CLAIMS.INSURANCE IS ONLY GOOD IF "THEIR PACKING GUIDELINES ARE FOLLOWED". READ UP ON THESE ...REALLY INTERESTING. ANY MERCHANDISE DAMAGED HAS TO BE INSPECTED AT THE RECIPIENTS DELIVERY POINT INCLUDING THE PACKING MATERIALS AND VERIFICATION OF THE SHIPPING TAGS. ONCE VERIFIED THE MERCHANDISE SHOULD BE PICKED UP BY UPS AND RETURNED TO THE SENDER WITH YOU GIVEN A PICK-UP TAG ID. NOW THE INTERESTING PART, ONCE THIS TAKES PLACE YOU ARE IN A POSITION TO PUT THE SELLER IN JAIL IF HE DOES NOT REFUND YOUR MONEY.FORGET ABOUT CLAIMS COURT, COST TIME AND MONEY AND TAKES FOREVER. NO ONE WANTS TO DO FED TIME FOR $600. THE SAME LAWS THAT PROTECT MAIL FROM FRAUD APPLIES HERE. LEGISLATION WAS PASSED 5 YEARS AGO TO MAKE IT FELONY FRAUD TO USE "OTHER CARRIERS" TO CONDUCT BUSINESS USING SHIPPING COMPANIES OTHER THAN USPS WHICH HAS ITS OWN FRAUD INSPECTORS.TELL HIM YOUR MONEY OR JAIL, WHAT WILL IT BE? I agree with Carl...who is the seller, we helped you out, now help us out. |
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Here's an update on the fraudelant seller. I paid him $35 to ship and insure for $1,600. Seller states he does not recall this, and only insured it for $600. I just spoke to UPS and they inform me that the seller did NOT insure AT ALL! He pocketed the extra money, thinking no one would find out. Seller is still dragging his feet on the refund I've requested and has not replied to my emails in 4 days. I'm tempted to take him to small claims court for the full $1,600, but I would rather just get my original investment back and wash my hands of this scum. |
Thank You to everyone for your input!! I don't feel nearly as bad now after hearing all of your advice and some similar experiences. I don't think the seller is interested in my wishes and assisting me with the insurance to replace the speaker, but I'll keep everyone posted if anything develops. Keep'em coming, |
Thank You to everyone for your input!! I don't feel nearly as bad now after hearing all of your advice and some similar experiences. I don't think the seller is interested in my wishes and assisting me with the insurance to replace the speaker, but I'll keep everyone posted if anything develops. Keep'em coming, |
I have had two products broken by UPS. It is best not to ship heavy packages via UPS, as they have a reputation for breaking heavy things.I had a $2,000. used amp (3,500 new) broken. I had the shipper write a letter stating that the amp belonged to me and that I should receive the insurance payment.UPS wanted me to show a catalog with the price listed. I explained the high audio was not sold from service merchandise catalogs. After almost 90 days I sent a letter to UPS stating that since they insured their own packages,I felt the Insurance Commission and the Attorney Generals office in the states where both buyer and shipper lived should know just how UPS does business. You guessed it, payment delivered to my door in two days.If your seller won't cooperate, just demand your money back and move on. The earth is a sphere so what goes around, comes around. |
I agree 100% with Vayasteve. My advise is DO NOT ship heavy equipments by UPS. They are small package service company. Typical Hi End amps & speakers are big & heavy. It's like you are driving 1000 watt amp with a small book shelve speaker. They CAN NOT handle the big & heavy shipments. These are for truck companies like Roadway, Yellow & Consolidated Freifgt Way to handle. Have shipper prepare a good documentation of the equipment for the prompt claim when you needed it. Be prepared to provide all the information asked for the claim. Delays accurs when you don't provide enough information for them to make a decision. So ask the seller to pack it right & ship it right to prevent the damages. |
I'd get my $600 back from the seller, be happy, and move on to the next deal. Who know when, if ever this will be resolved with UPS. |
The exact same situation happened to me with a pair of speakers. I am curious if this seller is located in New Jersey? |
UPS just plain ol' sucks when it comes to shipping audio equipment,sometimes the seller do not pack well and correctly either.But still UPS should shoulder the blame due to reckless employees at the sorting stations,These fine folks at UPs were able to bend a transformer of a C-J amp that was shipped to me and are still delaying the process,it's fustrating,the amp works well and fine,but of course they wanted the amp and I told the to do an on site inspection,and these yo-yos are playing with themselves.Of course one of their reps told me the shipper would get the money and I told them to blow...So 1st pack well use foam insted of bubble wrap and pack securly make sure the item does not shift at all in the box and you'll be fine.GOOD LUCk they will test your patience. |
Good advice so far. Here's a little more info: it is the seller who has a contract with UPS, hence he is the one who has an insurance claim. It doesn't matter that the buyer agreed to pay the shipping charges; that does not make him a party to the shipping contract. But, the seller DOES have a contract with the buyer to deliver a specified product. If he cannot do so in a timely fashion he has no right to keep the buyer's funds and should return the prepaid fees to the buyer immediately. What the seller owns now is damaged goods and a claim with UPS for damaging those goods. The buyer shouldn't have to wait for the seller to be reimbursed before receiving a refund and shouldn't even be involved at this point. Personally, I don't believe it is fair for the seller to "have his cake and eat it, too." This is why I only do deals COD (so I can inspect the package and refuse it if outwardly damaged) or on a credit card (and not through Pay-Pal as that provides no protection.) |
UPS can be a terror on audio equiptment. I try to avoid sending or receiving anything from them unless it is an air shipment but even then you are better off going with Fed-Ex. My advice to you is try and be nice with the seller since you may not want to get into any arguments with him since he is the one who needs to deal with UPS and he will receive the check some 2 months later. I know it does not seem fair but you need to remember the ball is in his court and hopefully he will do the right thing and get you a replacement but in the mean time try to make sure you at least get your $600 back. |
Guess this is why Brian at hello hifi doesn't use UPS. Read thread"UPS horror stories" |
I am on the seller side of the same problem, and you are right the seller files the claim. UPS will ask for an original receipt for the original purchase of the speaker. UPS will come to you to inspect the package, so save all of the original material that the speaker was packaged with. UPS will only send a check for the replacement cost of the speaker based on the invoice, hopefully the $1600 will cover it. They will not give $1600 for a $600 speaker, so you need not worry about the seller hitting pay-dirt. Get prepared for a length long process. I have been waiting since the beginning of March, and I have not resolved my problem yet. They will also probably send the check to the seller, so hopefully you get your money back. Good Luck.... |
