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14 replies

Dilemma

S slugraduateMember
Please bear with me through this long winded explanation. First, I knowingly took a risk with this auction. I won a very rare and (to me) priceless historical item. (An Opal pin from my fraternity dating from the 1800's, auction 3611029206)

I paid $324 for the item immediately after the auction on June 5. Seller states that day: "Item will ship tomorrow." On the 17th, I contacted the seller and he replied "it is on the way." Today is the 21st, and no item. Other people who have purchased from him after the 5th have left feedback that they have received their items.

This person has a problem with shipping. He has about 2800 feedback. In the last 6 months he has had 1505 positives, 24 neutrals and 21 negatives, all for slow shipping (Over one month) or failing to ship or refund at all.

I paid via PayPal & obtained insurance. I am nervous that he will not ship, or ship after the 30 day deadline to claim the insurance. I don't want to provoke the situation via a claim on day 30, and not recieve the item, but I do not want to lose out on the $324 either.

What recourse would I have in obtaining a refund, or forcing transfer of the item if I forgo the insurance route in hopes of a late delivery? If it becomes obvious that I will not recieve the item, I would consider informing this person that I will report him on Federal wire fraud and posibly local theft charges(???). And, since he has a history, establishing intent to defraud wouldn't be seem to be a stretch. Of course, I would also warn the 100+ members of my collectors group some of whom have had positive experiences with him.

Now, I am just throwing some thoughts out here, and any advice is welcome. Could I possibly file in claims court to force the transaction or claim damages for failing to adhere to the terms of the sales contract? (I know, this seems overboard, but I really just want what I paid for.) I am willing to follow through on my threats to get this item.

Remember, the most important factor is getting the item. There is always the possibility that this post may become moot in that I could recieve the item any day. I have to make this decision on day 30, unless there are refund options other than the insurance I purchased.

Thanks, and I hope I didn't bore you to tears.

Mike

Michael J. Brown
Original Post

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rickrickMember
Since the auction closed on 6/5, you still have a lot of time left. The merchandised, reported to have shipped on th 17th, could definitely still be in transist. It's a lot of money, but before I do anything, I'd probably wait until Tuesday, or at least until Monday.

I know you have already looked at his feedback, and what I'm about to leave you may only make things worst, but someone else was kind enough to leave this link for us: http://www.haus.org/cgi-bin/negs
This summarizes a persons negs/neutrals.

There's a bunch of people on this forum with better experience with this kind of stuff then me, so they'll be up in 3 or 4 hours, and I'm sure he'll be helpful.

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S steveExpertSniper
I'm in somewhat of a similar situation myself right now. I bought and paid for something two weeks ago yesterday -- a Friday. No sign of it, so I wrote an e-mail of inquiry and got a response that the seller only ships on Fridays and to allow up to 15 days for delivery. None of this was evident in the item description. But I'll go along with him because mail fraud, wire theft, and similar things are difficult to prove and proceed at a rate usually associated with glaciers, so the better you document them the stronger your case.

My inquiry contained the item name and eBay number in the subject line and was worded thusly: "I bought and paid for this item exactly two weeks ago. May I have a status report on shipping, please?" I have found that this wording will usually elicit a prompt reply without irritating the seller, since it's not accusatory.

By the way, of the negatives posted against your seller, how many of them were for ultimate non-delivery as opposed to delayed shipping?

26.
C chatterMember
Yes, it does seem that the seller is regularly slow to ship. Had you noticed this before you bid? I always review the feedback on sellers before bidding. OTOH, I know that certain items, such as the pin you won in this auction, are so rare as to make one willing to bid anyway. But like Steve said, there is a difference between slow shipping and nondelivery. I sense that you would rather wait a little longer and receive the item.

Like Steve, I generally ask for a "status report" when I have not received an item in 2+ weeks after a PayPal or credit card payment, more for a money order. Some sellers ship so quickly, while others make their weekly trek to the post office. I appreciate those who indicate weekly shipping in the auction listing, but there is no eBay requirement to do so. Anyway, my experience has been that if the seller has already shipped, he responds by saying, "Your item was shipped on ---,"but if he has not already shipped, he says something like "It is on the way." (In the latter case, the postmark tends to be a day or two after his "on the way" e-mail. Roll Eyes) Occasionally, as happened last week, I will get an extra-honest admission that the seller forgot to ship, my e-mail having jolted him back into reality. This is usually accompanied by a profuse apology and maybe some other conciliatory gesture.

As for PayPal, as I have written here before, on the 30th day you are SOL with them, no matter what the circumstances are, so make sure if you have not received by 30 June you file a report--phone is the best way. It is still early and I am betting that you will receive the item, but mark your calendar and make sure you make that call. Also contact eBay and iniatate their complaint process at the same time. At that point print and save a copy of every e-mail related to the transaction. By that late date, it would not be an issue of "provoking" anything, but of protecting yourself after weeks of patient waiting.

But I bet you post here next week that you have received the item! Wink
S slugraduateMember
Rick, Steve and Chatter,

First off, thanks for such insightful advice. I was getting a bit antsy, and your responses have cleared my thinking. Yes, I did read his feedback prior to bidding, and had to bid anyway. So, I knew that I was taking a risk that I normally would not take for a run of the mill item.

You are correct that I am willing to wait a bit longer, and I have no intention of doing anything until day 30. I followed up with him on day 12, I figured I would email him again on day 22. I have been extra polite and saved every email.

Ok, thanks again, and I will let you know how it turns out. Rick, interestign site, thanks.

Mike

Michael J. Brown
S steveExpertSniper
Rick,

"Are you done doing your people and seeing your things for today?"

This is "today." I didn't get back until nearly 2 AM EDT.

"Very slow day. As you can see, Christine and I had a little discussion about you in your absence, but that's all that happened. You picked a good day to run errands. What's your schedule like tomorrow?"

Why do you ask? Now that I've frittered away an entire afternoon and evening in another State, I have plenty to do around here to keep me busy. I'll be in and out, mostly out, all day.

21.

[This message was edited by Steve on June 22, 2003 at 07:46 AM.]
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