__Need Help, eBay fraud and Item not Delivered__

JZrarities

At this point, I have many lessons learned and although advice is appreciated, I need guidance on what to do from here.

I went to purchase a Camera to photograph coins on eBay and won This Auction

I sent a check to the seller dated 27 December.

Two days later, I received a Camera for my birthday, and called the seller to see what could be done.
She said No Problem, would relist the camera, and tear up my check.

Yesterday (91 days after the check was written) SHE CASHED IT.

I called the bank today, and they can't stop payment.

- I know I still should have put a Stop Payment on it, or demanded it back. <--- too late, but I will next time.

Is there anything I can do at this point? (can't file eBay dispute or leave feedback to warn others)

All I can think of is a Mail Fraud dispute on Monday...
I'm off to the bank to change my account number at the advice of the Bank Phone Rep.

A $440 lesson,,, I know.

Any attorneys here (Longacre) willing to write a letter?
She's not answering the phone. I have all her info.

AskRaq

I would send a certified letter detailing what has transpired and requesting a refund check be issued.... she may have forgotten... came across the check later... and unknowingly cashed it?

harvey85422458

DeusExMachina

I would speak with someone else at the bank (maybe a supervisor) and ask about a stop payment. I am not super familiar with the operations of a bank but I don't see any reason why they would not be able to stop payment on your check.

FLBuffaloHunter

Another reason to only use PayPal or the sellers merchant account for purchasing online. Money orders and checks besides being unsecured forms of payment are so 20th century.

messydesk

Contact the seller to get an estimate of when you will receive the refund that was requested. Follow this with a certified demand letter w/ return receipt demanding return of your payment plus fees incurred in demanding it. You'll probably have to have done this before you can proceed with any law enforcement. There are probably templates for such a letter along with the laws that state what needs to be on it for the state you're sending it to. This worked well for me last year when I was being stonewalled on a bounced refund check. Don't be hostile toward the seller and don't threaten legal action. The seller should be able to figure out what the next step will be without you pointing it out.

StrikeOutXXX

You said yesterday she cashed it. I am assuming this means yesterday, your bank cleared the funds, and transferred the money to their account /debited yours (so she gave it to her bank a few days ago). I'm guessing you saw this on an online account statement?

Unfortunately, if there was no stop payment or hold put on it BEFORE it was both cashed, and it cleared, once it clears, there is virtually no way to reverse the process, it is essentially done and out of the bank's hands. About the only other thing you could have done if you DON'T have overdraft protection was leave your balance under the $440 level, so when she tried to cash it, it would have bounced.

There are some checking accounts in my local area that carry a fraud protection against it, but reading the fine print, I don't think it would cover a valid check you asked not be cashed.

I doubt the bank is going to help you in this case, hopefully the seller will remember their goof and make you whole.

dizzyfoxx

Unreal!!! That sure looks like a legit auction page etc. You just never know who you're dealing with on ebay. Sorry to hear about this.

AUandAG

Anybody here, or knows someone, in Shrewsbury, MA that could help out?


bob

JZrarities

To be more correct, this morning (Saturday) I saw online that my account had a Negative Balance. The last check was the one she cashed, and it cleared my bank yesterday (Friday, so yes, she probably deposited it days before). I do Not have overdraft on my account, so technically, yes - it should have bounced.

At the advice of the telephone rep, I just went to the bank.

I just finished telling the story to my Bank Rep, and she contacted their fraud department. Apparently, all is not lost, and there may be some recourse. The bank is sending me a Fraud Claim package, and quite often not offered, but gave me PROVISIONAL CREDIT. It sounds like the check may be reversible, since the bank is offering me this 'provisional credit' and that doesn't always happen according to the rep.

I seriously doubt it was a 'seller mistake' since the timing was almost exact to the day when the eBay/feedback recourse ran out. I would iron this one out over the phone, but still no answer.

I am a very honest person and have some reservations of filing a fraud claim since it WAS a valid check (just a verbal agreement not to cash)
But, I still do not have the camera and will state so in the claim.




<< <i>You said yesterday she cashed it. I am assuming this means yesterday, your bank cleared the funds, and transferred the money to their account /debited yours (so she gave it to her bank a few days ago). I'm guessing you saw this on an online account statement?

Unfortunately, if there was no stop payment or hold put on it BEFORE it was both cashed, and it cleared, once it clears, there is virtually no way to reverse the process, it is essentially done and out of the bank's hands. About the only other thing you could have done if you DON'T have overdraft protection was leave your balance under the $440 level, so when she tried to cash it, it would have bounced.

There are some checking accounts in my local area that carry a fraud protection against it, but reading the fine print, I don't think it would cover a valid check you asked not be cashed. >>

2manycoins2fewfunds

Maybe it's just me but I would be careful buying from a Goth size XXL woman with size 11 feet whose past items for sale include........

Black Lace/Mesh Pink Vintage Pinup Slip Burlesque Goth

Valentines Pink Leopard Mesh Corset Top Punk Goth Pinup

Torrid Morbid Threads Burgundy Black Lace Goth Top XXL

Skull Black Tote Bag +TONS of punk goth Accessories!!!

new Tripp NYC black lace velvet bondage goth skirt XL

NEW Volatile black platform ankle shoes goth lolita 11

mikebombs

<< <i>I seriously doubt it was a 'seller mistake' since the timing was almost exact to the day when the eBay/feedback recourse ran out. I would iron this one out over the phone, but still no answer. >>



First thing that came to my mind too. 91 days later does not strike me as coincidence nor mistake.

Petescorner

<< <i>Is there anything I can do at this point? (can't file eBay dispute or leave feedback to warn others) >>



She's running other auctions right now with BINs. BIN & neg.

slipgate

Pay her a personal visit!

Broadstruck

Good Luck!

I'm still waiting on a Nikon camera I ordered out of NYC in October 07... order is still valid, my CC has not been charged, the price is great but they are out of stock... this model may be obsolete by the time (if) I even get it?

roadrunner

Consider yourself fortunate so far. My bank refused to do anything for me in a similar situation since I had written out a check to a seller and they received/cashed it (without sending the merchandise). It was not fraud to my bank because the check cashed by the intended recipient and I sent it to them. Had the check been forged, altered, sent by someone other than myself, or cashed by another party, then they would have taken action.

roadrunner

Swampboy

Just in case anyone reading this thread hasn't heard of or seen this excellent tool for buyers.

Toolhaus.org report on this seller

cinman14

you need to go to your local police dept and file a report for fraud or theft whichever they fill out on your behalf.
Then you need to take the report back to your bank and speak to the bank manager only. He or she can authorize
a charge back to the account that the funds were transfered to. Much easier now that the Check21 rule is in effect.
You will need a police report unless you have a great relationship with your bank. Which it sounds like you do not.
Or they would have offered to do it when you first explained the situation..Good Luck.

Me personaly Iwould take vacation time from work and take a road trip to the address the payment was sent and get my
450 dollars out of their BACKSIDE or atleast make them purchase a new windshield and back glass in their vehicle..:

Give their address and if they are near me I will pay them a friendly visit.....

UtahCoin

Jeff,
You have the address, I would think that some laser guided ordinance from your F-18 should even thing up.....

Seriously, talk to a supervisor at the bank, then do the follow-up letter to the seller. As others have said, it could be an honest mistake.

Wes