Need some advise
LuvMyCoins
Posts: 47
I know I could just shoot myself in the foot now. I told myself I would never do it but I did. I went outside of ebay & paypal. I brought a box of wax packs from a guy that I thought I could trust. He's feedback was perfect and has had no problems.
Well, once I got them in the mail I used a black light to see if I could tell if the packs had been tampered with and it looks like they have been clued back together. I also took them to several ball card shops to get some more advise. They also think they had been tampered with.
I paid with a money ordered and had them insured. I call him over the weekend and asked for a refund. He said that he was the only owner and he never tampered with them. He said of course he wasn't given me a refund. Is there any off recourse I can take or am I just out of 700.00.
I'm ready, let me have it.
0
Comments
Bosox1976
Thanks for the fast reply.
Yes, all 36 did show glue or something like it.
ultimate experts. Someone will recommend one to you here
in short order.
It is possible, that your previous experts and your black-light
are wrong.
If the packs turn out to be NG, I guess your only "recourse" is
to file a item-significantly-not-as-described dispute/claim. If you
have a letter or a reject slip from PSA, the "Trust
& Safety" gang at eBay might "ask" the seller to give you a
refund. (His "they were opened when I bought them" defense
is a violation of eBay TOS.)
Can you post the auction language so we can see how the
stuff was described. Just copy and paste the words. (No
point in revealing the seller until you know for sure that he
did something wrong.)
storm
I went outside of ebay & paypal.
Storm,
that's the problem as stated above I went outside of ebay and paypal.
Bosox1976
no it was an out of state buy.
could i file a mail fraud claim?
Check your state's small claims laws though. It is even better if the seller would have to pay to travel to appear in court. Just make sure it is allowed in your state (disputes on multi-state transactions). Much more likely to settle. Probably cost you $25 or so for the court date, plus grading fees. 90% recovery may be your best case scenario. Consider a reasonable settlement offer if made though (75% or above - a bird in hand is worth two in the bush...)
Bosox1976
Storm,
that's the problem as stated above I went outside of ebay and paypal."
Sorry, I must have been having a senior moment.
Once you do what you did, I think you are done.
If you lived in his State, you could file in small claims. You might prevail,
if PSA or some other outfit sold you the right paperwork.
But again, you will NOT BE SURE they are NG until a "paid-expert"
with a rep looks at them. Well, you might be "sure," but you
cannot be really/legally sure until you get the reject slips.
I have not ever tried to buy anything "outside" of eBay, but if
I had developed an eBay relationship with a seller, I would
probably feel safe to make an off-eBay buy from him/her.
If you think about it, the fb system "which you relied on" is
really, in part, the cause of the bad outcome. I know quite
a few folks who have great eBay fb, but if you go to their
stores they will SCAM you if they can.
A solution escapes me.
storm
Lee
You can file mail fraud charges, but it is doubtful they would do anything. The item being insured in this auction makes little difference as it would not help here at all.
You can also file a small claims case on him, but it is doubtful you would ever be able to enforce a judgement you might win against him.
thanks!
Can you file a small claims on a seller who lives in another state?
Yes. That is the name I was trying to remember.
He has been very generous with his expertise to
many other folks in your situation.
Also, if you buy stuff from him, you are VERY unlikely
to be having this kind of conversation about your
purchases.
storm
Lee
See if you can put a "stop payment" on it?
Worth a try.
mike
Mike,
Can you put a stop payment on a money order?
never heard of it.
I didn't think ebay allowed people to do buisness outside of ebay.
Can he (the seller) get kicked off ebay for doing this sale outside of ebay?
<< <i>I didn't think ebay allowed people to do buisness outside of ebay.
Can he (the seller) get kicked off ebay for doing this sale outside of ebay? >>
He could report it, but he'd also be turning himself in too...
If it turns out to be fraud, certainly post this SOB's info so everyone can boycott him.
I've never bought or sold much unopened material because you can get screwed on both ends. You can buy resealed packs. And, in no way am I implying you would do this, but you could sell someone legit packs and they open them, not liking what they see, reseal them, and try to get their money back.
How does a black light tell if a pack has been open? I just tried it with some un open packs and couldn't find anything. What could I be looking for when I am using a black light?
and
How can you prove that the seller sold it outside of ebay? Will ebay just take your word and then kick off the seller?
Ebay does not care if you sell off Ebay. Where Ebay cares is if you list an item and someone offers you X.XX for it and you cancel the listing then sell it to them without relisting it. Now if you just email a seller to see if he has something or a buyer askes you if you have something else and you sell them one off Ebay then they have no issue.
Another example of what Ebay does not like would be if you have an item up for sale, and in the listing you saly email me at 33@3333 if you would like to purchase additional items.
But just selling an item that a buyer is interested in is not a violation unless the item is pulled from Ebay to sell to you.
Somone asked if Money orders can be stopped. Yes they can, they can also bounce
Then how long should someone wait before giving the money back, if buyer paid by money order?
How can a money order be stopped? Money orders are paid with cash.
How can a money order bounce since it was paid with cash? Money orders are paid with cash.
There are two distinct types of money orders: bank money orders and personal money orders. Personal money orders are money orders that bear the customer's signature. A personal money order is the equivalent of a one-shot checking account and a bank can allow a customer to place a stop payment on it.
The other kind is the bank money order. A bank money order is signed by the bank and is therefore a direct bank obligation. If the money order is signed by the bank and drawn on the bank, it is the legal equivalent of a cashier's check. If it's signed by the bank, but drawn on an account maintained by the bank at another institution,, it is the legal equivalent of a teller's check. A bank should generally NOT put stop payments on these items.
If you do issue personal money orders, it's always a good idea to have the money order filled out at the time of purchase, if possible, so that you have enough information for the stop.