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Inter-state collection? Need Advice Pls.

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L

Lora

Guest
Hi there,

I have a question on an inter-state collection on a transaction made through eBay.

I have been selling certain items through eBay for my brother's business (a new and used merch. store that buys and sells).

The item in question was a new cell phone whose total came to $160 (including shipping) The bidder paid and we shipped.

When it arrived he claimed the phone was not in the box and wanted refund...would not send back the phone's box, manual, papers and "wires" that were in the box until the refund arrived.

I checked with my brother and he did not check to see if he phone Was in the box before shipping (phone was purchased by my brother from a walk-in seller at his store who sold him about 15 cell phones at one time..a regular walk in seller he trusts so he didn't check all the boxes) so we were not completely confident a phone Was in the box at the time of shipping, so because of that doubt, we decided on doing the refund and have him return everything, as he said he would. He had very good feedbsck on eBay, so we decided to go ahead...really, against better judgement.

The phone was purchased by bidder (money received) on January 11 and the phone was shipped. He contacted me shortly thereafter with his complaint, and, after a few days, the fefund was issued and scheduled to arrive on February 9. Many e-mails have been sent by both of us, and his were always that he would send the box w/ phones items the next day, following Monday, when he returned from business trip, etc.

As of today, nothing has been sent/received and he is no longer communicating with me.

On May 15 I sent a letter giving him a deadline to either follow through on his end of the transaction (returning the items) or send payment on phone again or I wold take it a step further legally. Deadline has come and gone. My question is, is there anything I can do to him legally?

I live in Oregon and he lives in New Jersey. He made payment payable to my brother's company and knew it was a "brick and mortar" store it was coming from and not a person to person trade. I know that it was an absolutely stupid move on my part to refund his money w/o merchandise in hand, but he seemed honest had good feedback, and we really didn't have proof there really Was a phone in the box...sloppy work on my brother's part...

In retrospect, the phone Was more than likely in the box and he got a free phone.

I have kept all of our correspondance (I believe). Is there anything I can do to recoup losses? Collection agency, anything?

Thank you for any advice you can give me on this... (I already know...never do that sort of trade again!) <wry grin>


All my best,

Lora
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lora:
Hi there,

I have a question on an inter-state collection on a transaction made through eBay.

I have been selling certain items through eBay for my brother's business (a new and used merch. store that buys and sells).

The item in question was a new cell phone whose total came to $160 (including shipping) The bidder paid and we shipped.

When it arrived he claimed the phone was not in the box and wanted refund...would not send back the phone's box, manual, papers and "wires" that were in the box until the refund arrived.

I checked with my brother and he did not check to see if he phone Was in the box before shipping (phone was purchased by my brother from a walk-in seller at his store who sold him about 15 cell phones at one time..a regular walk in seller he trusts so he didn't check all the boxes) so we were not completely confident a phone Was in the box at the time of shipping, so because of that doubt, we decided on doing the refund and have him return everything, as he said he would. He had very good feedbsck on eBay, so we decided to go ahead...really, against better judgement.

The phone was purchased by bidder (money received) on January 11 and the phone was shipped. He contacted me shortly thereafter with his complaint, and, after a few days, the fefund was issued and scheduled to arrive on February 9. Many e-mails have been sent by both of us, and his were always that he would send the box w/ phones items the next day, following Monday, when he returned from business trip, etc.

As of today, nothing has been sent/received and he is no longer communicating with me.

On May 15 I sent a letter giving him a deadline to either follow through on his end of the transaction (returning the items) or send payment on phone again or I wold take it a step further legally. Deadline has come and gone. My question is, is there anything I can do to him legally?

I live in Oregon and he lives in New Jersey. He made payment payable to my brother's company and knew it was a "brick and mortar" store it was coming from and not a person to person trade. I know that it was an absolutely stupid move on my part to refund his money w/o merchandise in hand, but he seemed honest had good feedback, and we really didn't have proof there really Was a phone in the box...sloppy work on my brother's part...

In retrospect, the phone Was more than likely in the box and he got a free phone.

I have kept all of our correspondance (I believe). Is there anything I can do to recoup losses? Collection agency, anything?

Thank you for any advice you can give me on this... (I already know...never do that sort of trade again!) <wry grin>


All my best,

Lora
<HR></BLOCKQUOTE>


My response:

I think you already know the answer.

Distance, time, lack of evidence, failure of proof, are all working against you.

It's a learning experience.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
L

Lora

Guest
Hello IAAL,

Thanks for your reply...I appreciate it.

I did kind of figure I was a bit out of luck, but wanted to ask just in case there were some kind of long shot chance...

I Did learn my lesson! :)

Thanks again!!


All my best,

Lora
 

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