Ebay Seller ripped me off

What is the name of your state? North Carolina

Purchased a camcorder from ebay seller that is located in Oklahoma...biglarrys55. The seller had a return policy in his ad that stated if your not satisfied return within 20 days for a full refund of the bid price. the camcorder arrived and didnt work so I contacted Big Larry and he agreed to refund money so i sent camcorder back. He said it worked fine and would not refund my money. I have all the emails and a video proving the camera didnt work. Regardless.....his ad stated if I wasnt satisfied I could return it. He has refused mediation with ebay's square trade. What do i need to do next. Can i file a small claims in my state? Can i sue for shipping and what else??? He sent the camcorder back to me after I repeatidly said I did not want it back. I guess so he could say I had the camcorder.

You would have to sue the seller in his home state. And you have learned a very expensive lesson in buying stuff from eBay that you can buy locally. Go to www.ebaysellersthatsuck.com, spend $5 for a membership and let the guy have it.

do you still have the camcorder? Does it work?

The seller returned the camera back to me even though I said I didnt want it back. I have not opened the box so I dont know if it works. I have learned a huge lesson....I will not be making any large purchases over ebay because there is no guarantee that the seller will do what they say they are gong to do in their ad. WARNING! Do NOT buy anything from biglarrys55!!!!!

jennin said:

The seller returned the camera back to me even though I said I didnt want it back. I have not opened the box so I dont know if it works. I have learned a huge lesson....I will not be making any large purchases over ebay because there is no guarantee that the seller will do what they say they are gong to do in their ad. WARNING! Do NOT buy anything from biglarrys55!!!!!

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There's more to this story...

They said that the 2nd one that was sent back to them may or may not work, but they don't know because the box is unopened.

This sounds more like buyer's remorse than a non-working camcorder.

If they really wanted it, they would have jumped to see if the 2nd one worked...

When I originally received the camera and opened it a piece fell out where you put the tape in. It still rattled with another piece broken inside...Would you want it back? I tested it and it recorded awful. It had lines and fuzz in the picture. I spoke for 5 days with this seller thru email and he said he would refund my money and then later after I had spent the money to send it back refused. He turned into a total jerk. The camera was $150, I dont think it will break me and regardless even if I chose to return it because 1) It was broken 2) I wasnt satisfied or even 3) buyers remorse it is irrevelant to the fact that he gave a warranty and satisfaction guaranteed or your money back. I didnt realize I had to explain every detail of the story to get some legal advice...but of course your advice had nothing to do with any legal part of it..just your opinion.

I have IM'd with biglarry and now the OP has posted more info. Now that we have more of the story I am going to change my views 180 degrees. The seller knows he sent a perfectly working camcorder and it was damaged in transit. You sent it back in a condition that it was not in when sent. That is why he chose not to honor his warranty. He gave you the option of insuring the shipment but you chose not to. From a legal standpoint, you don't have a leg to stand on now.

My new suggestion, keep the camcorder and get it fixed. You no longer have a case against the seller.

I didnt realize I had to explain every detail of the story to get some legal advice

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Well Jenn, you realized wrong. Or is that the same answer you're going to give a Judge when he/she says "Get the hell out of my courtroom and quit wasting my time!"

but of course your advice had nothing to do with any legal part of it..just your opinion.

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And based on racer's OPINION and the law, you can sue anyone you want, including BigLarry, LittleMoe and even RotundCurley for that matter. And the fact that you failed to insure the shipment places the burden of proof squarely on your shoulders to prove that the seller shipped a defective product and that it was NOT damaged in shipping.

So guess what? Leagally, Racer's OPINION is correct.

Well....to give you even more information.. I did pay for insurance. This was not damage done by the postal service. This was a camera that was misrepresented in his ebay ad. He stated it was tested and worked fine. It did not work fine. I have a video of the playback image I took with my digital camera. Do you want to see that? It was not a case of buyers remorse. I have wanted a camcorder like this for several months and the model is discontinued. I had kept watch on ebay for several weeks for this particular brand and style. I paid for it the day I won the auction. I was excited to receive it and VERY disappointed to find that it did not work as promised. I followed all the rules and this seller even refused to participate in Square Trade from ebay. Why you may ask....I can only assume because he knew he would loose. If you buy a shirt from Wal-Mart and when you get it home notice there is a hole in it do you think you should have the right to return it and get your money back or do you think they should refuse because THEY think the shirt is just fine and you just had buyers remorse? Fair? I dont think so, but that is just MY opinion.

I just read the statement from racer72. That is a total LIE! If that were the case then why wont he reply back to Square Trade. He is a liar and I have all the emails to prove it. I sent the camera back to him in the exact shape he sent it to me. I insured the shippment and he denied that the camera had a ratteling piece. He says the camera is in perfect working condition and that he tested it when he got it back and he also said (in the emails) that he would warranty it for an additional 5 months. SO....why would he warranty something that he told you was not returned in the same condition and was broke? My problem was that I knew the camera recorded awful and what use was an additional warranty.

I did pay for insurance. This was not damage done by the postal service.

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Prove it.

I sent the camera back to him in the exact shape he sent it to me. I insured the shippment and he denied that the camera had a ratteling piece.

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O.K. but did you pay for insurance on the ORIGINAL shipment of the item to YOU?

Now you know why we couldn't care less about e-bay buyers.

Also, if this WAS damaged in the first shippment then why was the box perfectly fine and he even re-shipped it back to me in the same box.
There was NEVER any talk about this damage being done during shippment with the exception that he said "being tossed around could have cause dust to get on the heads" and i should try to clean them. According to him when he received the camera back it worked just fine and that was the reason he would not refund my money. Not because it was broken and not sent back in the same condition. Want to see some of his emails?

In a message dated 2/11/04 9:41:52 PM,
[email protected]
Jennifer i received the camcorder
today.i put a tape in it and turned the veiw finder to the point i wanted my picture to look like and it recorded and played great no lines and perfect picture.i don't know if you had a bad tape or didn't know how to adjust veiw
finder to get the picture you wanted.
larry

So...it came back to him broken????
Theres alot more inconsistencies in Mr. Jacksons IM with racer grandpa. I am not the con artist here!

checked out biglarry...

I was curious by these postings, and looked at biglarrys55 on ebay to see if he had a bad reputation. In fact, I found the following:

Member Profile: biglarrys55 (4507)

Feedback Score: 4507
Positive Feedback: 99.7%

Members who left a positive: 4522
Members who left a negative: 15

All positive feedback received: 5352

He is also a "power seller" which is awarded by ebay as:

"This icon next to the member's user ID recognizes them as a qualified PowerSeller. You can feel assured that your transaction will go smoothly and that you are dealing with one who has consistently met the requirements established by eBay."

...seems strange seller would be scamming. (?)

I purchased something on ebay a few months ago and before I bid on it I checked out the ebay sellers score and was impressed when it came up at 98%.I felt confident this ebayer was honest but when the product was not what was described in her sale she refused to refund my money. I checked into some of the other items she was selling and they were nothing like the item I purchased. They were all very low priced craft items where I purchased a high priced electronic device. That was where she was getting all her positive feedback from. I checked into biglarrys55 also and found most of his sales are for leather coats (and apparently they are patchwork leather that is not described in the auction because there were some neg. feedback from buyers that werent happy with that).

So...you cant always depend on the ebayers score, look into what they are selling too.

Jennin....did you use PayPal to pay for the auction? If so, bring the issue up with them. It's quicker and easier than court...and PayPal leans toward protecting buyers more than sellers. They may refund the transaction...if it has been less than 30 days.