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EBay item sent... Fraud... Sold debt? Leagal?
- Thread starter Leblais
- Start date
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Contact the buyer by email. Do everything with a document trail (you should have gotten this by now). If his story is that he never received the item ask him for the documentation of showing he gave authority to this agency in CT to collect. If he did he's only going to get 50% at best. If you really have no proof he ever got the item he still needs something official to give to the collection agency. Anyone can call up an agency and tell them "I never got this or that...". Even though they might have assumed the debt by paying him off (probably $100-150), they still have to prove what the buyer contends...that there is in fact a loss and a debt. If you sent him something in writing admitting you never sent the item, or it might not have gotten there (that's where the proof of shipping is so important), then he has some leverage. But the agency has to have concrete evidence of a debt. Tell them you want to see their evidence.
Even if you went to court their claims for such exorbitant "interest" would probably be denied (I am not claiming this as fact, only experience). They can recover the original debt they bought (if they can prove it), and the court costs of filing. My experience is, and every attorney I have had contact with over the years reiterated this, that in our system (unlike the Brits) the burden of expense for civil lawsuits (not including family court) is left to each party. But you can check your own state laws online or call the CT Bar, get an appt. with a consumer law attorney. For about $50 he/she will tell you if these guys are gonna get anything.
Even if you went to court their claims for such exorbitant "interest" would probably be denied (I am not claiming this as fact, only experience). They can recover the original debt they bought (if they can prove it), and the court costs of filing. My experience is, and every attorney I have had contact with over the years reiterated this, that in our system (unlike the Brits) the burden of expense for civil lawsuits (not including family court) is left to each party. But you can check your own state laws online or call the CT Bar, get an appt. with a consumer law attorney. For about $50 he/she will tell you if these guys are gonna get anything.
ok... That sounds pretty thorough, and seems logical to me. Thats pretty much what I thought as well. Seems like I AM being strong- armed.
I will contact the agency VIA email this week, requesting proof of debt. Any professional type words I should through in there to make him assume im not just making this up myself and have a lawyer thats advising me? Or does it not matter... Like should I ask or demand?
And yeah, your right about the 50% is all the buyer would recover because he DID send me a copy of that. This agency get 50% and 1 dollar of what is recovered!
Thanx again
Tony
I will contact the agency VIA email this week, requesting proof of debt. Any professional type words I should through in there to make him assume im not just making this up myself and have a lawyer thats advising me? Or does it not matter... Like should I ask or demand?
And yeah, your right about the 50% is all the buyer would recover because he DID send me a copy of that. This agency get 50% and 1 dollar of what is recovered!
Thanx again
Tony
Oh come on, seller's don't block buyers just because they ask about shipping, they block them because the buyer paid and wants his item that the seller is not shipping. 
The OP obviously thought the buyer was a nusiance because she blocked him so that should have thrown up a big red flag that she should pay the .35 cents to get delivery confirmation.
So tell us did you really ship huh???? If you did you brought this all on yourself. Would you have been upset if the winning bidder took a vacation then got back in town and paid after working a 7 day work week?
The OP obviously thought the buyer was a nusiance because she blocked him so that should have thrown up a big red flag that she should pay the .35 cents to get delivery confirmation.So tell us did you really ship huh???? If you did you brought this all on yourself. Would you have been upset if the winning bidder took a vacation then got back in town and paid after working a 7 day work week?
Dude, umm YEAH sellers DO block buyers when they ask about their item if it fills up their email and boots out the rest of the stuff they WANT!!! It was like a letter bomb in 3 days he sent me like 100 emails, no joke.
I was goin to ship it out UPS, and since i work pretty much the entire time that its open, in order to get it out faster (since your right, it not very fair for him to wait just because im working soo much) I shipped it out before work at USPS. Well, priority mail was waaaaaaaaay expensive, so I went cheap shipping. It not .35 cents, it was almost a $20 difference between the one I got and the priority!
And YES I really DID ship it out. If he had paid me earlier, I wouldda been able to ship it out before my vaca. But unfortunatly he didnt, so he had to wait, big deal....
I was goin to ship it out UPS, and since i work pretty much the entire time that its open, in order to get it out faster (since your right, it not very fair for him to wait just because im working soo much) I shipped it out before work at USPS. Well, priority mail was waaaaaaaaay expensive, so I went cheap shipping. It not .35 cents, it was almost a $20 difference between the one I got and the priority!
And YES I really DID ship it out. If he had paid me earlier, I wouldda been able to ship it out before my vaca. But unfortunatly he didnt, so he had to wait, big deal....
Too bad priority shipping and delivery confirmation are two different things. Delivery confirmation would have proved he recieved it.
So now please tell me which part of your story I don't get, the first version in which he recieved it but it was damaged or the second where he didn't even recieve it?
So now please tell me which part of your story I don't get, the first version in which he recieved it but it was damaged or the second where he didn't even recieve it?
OK...try this:
Go to the UPS office and explain the situation to them. They may very well have a record of the shipment still in their files. They would have to if you filed a damage complaint. With just the addresses you can get all the info you need. I think I mentioned this earlier.
Go to the UPS office and explain the situation to them. They may very well have a record of the shipment still in their files. They would have to if you filed a damage complaint. With just the addresses you can get all the info you need. I think I mentioned this earlier.
Ummm NOW he is saying he didnt get it! Thats his case. But before, about a week or so after I sent it, he stated that it broke. Either way, like I said, lets assume he didnt get it because I cant prove that he said it was broken etc!
I didnt go to ups, I used USPS: US mail! They dont keep records like that...
Ohh priority shipping HAS delivery confirmation, and I believe you cant get it unless you go priority, unless my assumption is wrong... I shouldda asked, I just neever expected any problems. Like I said it was a blunder!
Thanx for all the interest!
Tony
I didnt go to ups, I used USPS: US mail! They dont keep records like that...
Ohh priority shipping HAS delivery confirmation, and I believe you cant get it unless you go priority, unless my assumption is wrong... I shouldda asked, I just neever expected any problems. Like I said it was a blunder!
Thanx for all the interest!
Tony
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