Is it just me or does it seem strange to anyone else that "all of a sudden" this joker comes up with a second seat he has available to "send right away"....

 

Now that I think of it, I think using PayPal is just like using a credit card. So if you don't get your seats, its credit fraud - a federal offence. The penalties are pretty steep for that - you might just call the guy and tell him you’re considering pressing charges if you don't see any proof of shipment. Have him fax you a shipping receipt. I don't know about him, but I sure wouldn't ship almost 1000$ worth of seats without seeing them boxed up and on a truck.

Tyson

 

PayPal is basically just an online savings or checking account. You can fund your account electronically using just about any method you can think of to include a credit card. Fraud is fraud though, you have legal recourse no matter how you pay for something. Just a lot more inconvenient when it isn't local.

 

Well it looks like I have plenty of options ( I posted here because I knew you guys would be aware of what I can do ). I'm a fairly patient person so I'll give him another week before I start really going at him. After we gave up on the first set he said he would send me the second pair and take legal action against the first shipping company (he's shipping through a different company this time). Apparently he's really into Ford Lightnings and their parts and that's how he has an extra set (I suppose if you have a good source for Lightning parts you really could make a killing on ebay). Anyway, like I said, I'll let ya know if they come this week or not, otherwise the game is on.

 

I did a little more research last night. FYI, here are some more penal code violations that should apply:

PC 8 - Intent to Defraud (definition of)
PC 186.11 - multiple feloinies involving fraud or embezzlement;
levy of defendant's property
PC 154 - fraudulently concelaing property with intent to defraud
PC 532 - false pretenses; obtaining money fraudulently

Keep in mind that these are California Penal Codes. Whatever jurisdiction this clown is in, they should have similar (by name, not likely by PC # though).

I wanted to arm you with this information so when you contact the police (if it comes to that), you can fire these off and that'll let them know you're serious (you've done your homework).

I hope you don't have to use any of this and the seats show up with some wonderful explanation. But, just in case..... got yer back!
Daryl

 

Hi Craig, sorry to hear about your problem. I don't think you can leave feedback on Ebay even if you wanted to. There was no transaction. However, I think Ebay would want to know this guy is running a scam through them. They have a faily good rep and want to keep it that way. I would contact them right away along with Paypal. They will probably be very helpful and should have good advise from you. As far as fraud charges, the police are going to need you to make the case for them. They will need phone numbers and names of everybody involved in the transaction. Unless this guy has multiple offences, I dought they will want to get involved for an isolated case that may just be a "civil matter" to them. It sounds like this guy is just full of excuses and is trying to delay until you give up, or he can skip town. This recently happened on ebay, the story is in the Sac BEE today so you probably can read it in the local Santa Clara news too. I think your best chance is to be loud and persistant. You have been more than patient. Good Luck, John in Sacramento

 

I'm inclined to agree that a) you should expect zero help from eBay since it wasn't an eBay xaction and b) you should expect help thru PayPal .... especially if it was a credit card xaction. Time is of the essence, however. Did you ever get a receipt for the alleged second shipment showing proof it was indeed sent? What about the first shipment? What is his name, who did he ship it with (what company), what date was it sent and from where? None of this stuff is rocket science to track down, so even if the dude lost all the receipts, you can still see if he is telling the truth. If you've got his/her phone #, you might best get the shipping info that way...it's a lot easier to ignore an email than a phone ringing. Not to beat up the victim here, but since you got surprised on his first shipment, if you don't already know the shipping details (carrier, send date, tracking #, etc.) the reason is....????

I'd suggest first trying to track down the part. Give that a week (max!) and if that doesn't work, you may have to go for the nuclear button. Do understand that the probablility of ever getting the part if you go nuclear probably goes down and you're into "money recovery" mode instead. You may also ask yourself if it's worth it to travel to take the guy to small claims court (that's in the "nuclear" category). One of the other posts is dead-on....this person could be moving or something....move quickly and be persistent, but respectful.

Personally, I'd be inclined to check on where exactly the first 2 shipments are first and send a written note to the seller on what you found. Everything you do with the seller is to be kept in writing, right? You betcha. Even if it's to document the info you were told in a phone conversation. Send certified mail if you're sending USPS mail correspondance.

Good luck, ok?

 

Just one more thought....if the seats were insured (you DID have them insured for that kind of money, didn't you??), I'd suggest collecting on the insurance for the first batch of seats and be rid of this problem. Go find yourself another set of seats from anybody but this seller.

 

I've learned from experiance to, just a year ago I sold my 84 custom van to a guy and he asked me if he could pay me half down and pay the rest in 1 month, I said ok but the van couldn't leave this area until it was all payed for so he wrote me a check for $500.00, I went to his bank the next day and they told me the check was no good so I went to his apartment and he wasn't there so I asked the manager if he knew where he was the manager said he packed his close and left leaving everything he couldn't get into the van, well months later I recieved a letter from Bandara Texas saying that my van had been impounded and if I wanted it I would have to pay the towing and storage fee, the problem was that I live in northern Ca. and they didn't send me the letter until 3 months after it was towed in. I did go to the police department and get him for theft but they said it wasn't theft because I let him take the van so I said what about fraud and they said I would have to prove that he ment to defraud me, I said the van is in Texas what more proof did they need they told me I would have to take him to small claimes court.

 

A sobering story, Bob. I'd have thought it was theft in that a) he (or she) had the vehicle and b) they did not have legal title to the vehicle. In that sense, I'd take issue with the police rep's interpretation, but I know where that'd get me. ....and it wouldn't get me the van back, that's for sure. The moral of your story seems to be 100% cash in hand before xferring a thing. Sort of like the earlier post regarding rental apts....100% cash in hand in advance.

I'm dying of curiosity to learn how this seat scenario is going to play out. Keep us posted, ok?

 

Hey just a thought I'm not sure if this has been mentioned but see if he has any feedback and if he does E-mail the people that bought from him and ask if they had problems. I hope you get this solved one way or the other -4speed

 

Sorry to hear about your troubles, Craig. I hope you are not being scammed.

I'm dying to know who this ebay user is? What is their username? Sometimes they use that same name for other online purposes and hence a trail of clues can be found to find out more info on the individuals.

Also, if worse comes to worse and you take him to court. I think it would be neat to see if you could get on Judge Judy or the People's Court. You could wear your FTE t-shirt and do some free advertising. hehehehe. j/k But if ya do make it to one of them shows for this, let us know so we can tune in!

Good luck with resolving this!

-Ron

 

I HATE YOUR HAVING ALL THAT TROUBLE WITH THAT ****-BIRD THAT TOOK YOUR MONEY BECAUSE I BELIEVE THATS JUST WHAT HE DID AND I DONT THINK HE HAS ANY INTENTION OF GETTING YOUR SEATS OR ATLEAST RETURNING YOUR MONEY TO YOU. (ATLEAST ON HIS OWN FREE WILL) THE "MY BROTHER WAS HURT IN BAGHDAD" PART IS WHAT MAKES ME HAVE A SNEAKY SUSPICION THAT HE IS FULL OF FECAL MATTER. I HAVE USED EBAY FOR ALONG TIME AND HAVE BEEN LUCKY I GEUSS TO HAVE NOT BEEN HAD. I AGREE TOTALLY TO EVERYONES COMMENTS AND I BELIEVE I WOULD STILL CONTACT EBAY WHETHER IT WAS THROUGH THEM OR NOT THEY SHOULD BE ABLE TO GIVE YOU SOME SOUND ADVICE OR SOME DIRECTION TO TAKE BECAUSE I WOULD THINK THAT THEY HACE CAME ACROSS THESE SITUATIONS BEFORE..GOOD LUCK

 

Ok, still no seats. I think it's time to start getting my money back. I did some searching on ebay about him. He has good feedback but he only sold 1 item before, the rest are purchases. He actually just bought another set of Lightning seats off ebay on Mar 21. Not sure if that's a good sign or not. Anyway I'm going to email paypal and ebay concerning my situation and start calling his house tomorrow night until he picks up his phone, I'm sick of playing email tag. Sorry I don't give out his username or anything yet, not quite ready to unleash hell on him yet, but I'll get the legal process started soon.

Craig

 

Hmmmm...wonder if those are the 2nd set he was talking about?