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Item not received on e-bay

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Motherto6

Member
What is the name of your state? Iowa
I purchased a "lot" of shirts on e-bay and sent a personal check. It cleared and the seller left me positive feedback for fast payment. I waited 3 weeks for the shirts, but did not receive them. I e-mailed the seller, but no response. I e-mailed again 4 days later. She then said she had tried to e-mail me and did not understand why I did not get her first, but that her life was hectic and she had just gone down and mailed the shirts that day Oct. 4th. I e-mailed back said I did not receive any other messages and had none in my e-bay account, but was glad she had mailed the shirts. 2 weeks later, October 18th still no shirts. I opened a dispute with e-bay and asked for a receipt showing that she shipped the shirts. She said she lost it. I then told her to go to the Post Office and ask for a copy of the transaction or send me a copy of the cancelled check proving the transaction. She claims she can't get one from Post Office and she paid cash. Now I am mad. She said she will refund my winning bid amount, but does not feel that she owes shipping which was $10. My question is this ~ I saw on Judge Judy (yes I watch her sometimes!) where the same thing happened but the Plaintiff was awarded the amount that the item was worth and not what was paid for it. I bid on the auction because I believed that I was getting a good deal (4 of the shirts were brand new with tags and 3 were only worn a few times). Can I recover the value of what the shirts would have been if I go to small claims court or just what I actually spent? Sounds like I am being greedy, but this has to stop on e-bay and teach the offenders a lesson. I by the way have 100% feedback and have received every item I have ever purchased until now.
 


Motherto6

Member
Thanks IAAL!

You sure are understanding ~ I take it you're a huge fan of e-bay. ;) The actuality of life is that when you live in a very small town such as I do, you often have to shop "across state lines" to purchase items not readily available close by. But hey, like you said, I learned my lesson about shopping on the internet and dealing with questionable people. Thanks for your input.
 

janedoe23

Member
dallas702 said:
Interesting that Ebay hasn't shut her down for selling used clothing. That's against their policy.

It's not against their policy. There are thousands upon thousands of used clothing auctions. I myself sell all my childrens used clothing on Ebay and I have been doing it for 4 years now. :confused:
 

Motherto6

Member
Dallas 702

E-bay is all about selling used items as well as new. They of course are in great condition as bidders can see through the pictures posted displaying the items. I have had great success with e-bay, but now I have a stinker which is confusing because she as well has fairly good feedback. I am frustrated because I only paid $5 for the entire lot and $10 for the shipping. Now she does not want to pay the shipping as she claims that she indeed shipped them, however she has no proof in the form of a receipt. E-bay has a dispute console and I have been going through that channel to try and resolve the issue, however I can not file a claim with them as the original item sold has to have at least a $25 value before they can reimburse me. I feel she should refund my entire amount paid of $15 if for nothing else but to be above reproach in her business dealings and to not have a negative feedback received. This has been going on since Aug. 23. I am tired of it. That is why I was wondering if I took her to small claims court if she would have to repay the value of the items and not just the amount I paid. Now she is accusing me of receiving the shirts and lying because I want my money back. Yeah ~like I would go through all of this for $15. This is so wrong! I would not have bid on the shirts if I did not want them. My 14 year old son hounds me EVERY day about them. I would love to be able to give them to him if for no other reason than to make him happy. DUH ~ of course I didn't receive them. Why would I say that? I have 100% feedback and have never had a complaint before. I was even shipped the wrong item once and worked with the seller to forward it on to the appropriate winner and then received the correct item. I left a positive feedback for her even through the mix up. Why would I all of a sudden change? She makes no sense. I know I am rambling, but it is aggravating to be accused of stealing when I know I have done nothing wrong.
 
Motherto6 said:
What is the name of your state? Iowa
I purchased a "lot" of shirts on e-bay and sent a personal check. It cleared and the seller left me positive feedback for fast payment. I waited 3 weeks for the shirts, but did not receive them. I e-mailed the seller, but no response. I e-mailed again 4 days later. She then said she had tried to e-mail me and did not understand why I did not get her first, but that her life was hectic and she had just gone down and mailed the shirts that day Oct. 4th. I e-mailed back said I did not receive any other messages and had none in my e-bay account, but was glad she had mailed the shirts. 2 weeks later, October 18th still no shirts. I opened a dispute with e-bay and asked for a receipt showing that she shipped the shirts. She said she lost it. I then told her to go to the Post Office and ask for a copy of the transaction or send me a copy of the cancelled check proving the transaction. She claims she can't get one from Post Office and she paid cash. Now I am mad. She said she will refund my winning bid amount, but does not feel that she owes shipping which was $10. My question is this ~ I saw on Judge Judy (yes I watch her sometimes!) where the same thing happened but the Plaintiff was awarded the amount that the item was worth and not what was paid for it. I bid on the auction because I believed that I was getting a good deal (4 of the shirts were brand new with tags and 3 were only worn a few times). Can I recover the value of what the shirts would have been if I go to small claims court or just what I actually spent? Sounds like I am being greedy, but this has to stop on e-bay and teach the offenders a lesson. I by the way have 100% feedback and have received every item I have ever purchased until now.
You would only be entitled to the amount you paid for the items....which looks like that is what the seller is going to refund you....minus $10 for s/h. I understand you may feel it's unfair to keep $10 if she has no proof of shipping the said items. But is it really worth it to make a big stink over $10???
 

Motherto6

Member
ipritchett81

No, it is not worth it to make such a big stink over $10. What I am aggravated about is the fact that she is accusing me of lying. I understand that will happen in life, but it is not a pleasant thing to have happen to you. I also think that there should be some level of burden of proof that she should be held to showing that she indeed has done what she said. This is how some people make their money ~ what if she had done this to 10 other people at "only" $10 each? She would now have at least $100 for shipping fees pocketed. I do not believe that she does this, but you know that someone out there has. This could set a legal precedent for them if e-bay would be harsher in their penalties.
 
Motherto6 said:
No, it is not worth it to make such a big stink over $10. What I am aggravated about is the fact that she is accusing me of lying. I understand that will happen in life, but it is not a pleasant thing to have happen to you. I also think that there should be some level of burden of proof that she should be held to showing that she indeed has done what she said. This is how some people make their money ~ what if she had done this to 10 other people at "only" $10 each? She would now have at least $100 for shipping fees pocketed. I do not believe that she does this, but you know that someone out there has. This could set a legal precedent for them if e-bay would be harsher in their penalties.
The reason I say that is b/c if you decide on small claims to recoup the monies.....it will cost you waaaay more than just $10. I understand where you're coming from as far as just pocketing $10 per head off s/h but if she's willing to give you the money back.....I would just take it and leave it alone. I know it sucks but it could have been worse. Some people get nada. Please get your money back before she "tries" something else to keep that as well.
 

Motherto6

Member
ipritchett81

:eek: What you mean actually be smart and get insurance for an item so small? No, I didn't, and have learned a lesson. I think I will take your advice and get what I can while I can. Thanks for the advice!
 
Motherto6 said:
:eek: What you mean actually be smart and get insurance for an item so small? No, I didn't, and have learned a lesson. I think I will take your advice and get what I can while I can. Thanks for the advice!
No problem....

Actually I just started buying on ebay as of 10/7....and I'll insure all my purchases. All 3 have been under $40....insurance is only 1.30 but it varies depending on the seller and service they use. So far so good on my purchases, cause you can never be too sure...ya know?
 

Motherto6

Member
ipritchett81

I know! Like I stated earlier, I have had excellent service on e-bay and as long as you read all of the listing (the fine print) you should do well. Sometimes items are only $.01 and people bid not realizing that the shipping fee that the seller has set is $40 or even higher! Then you are stuck with the auction because you didn't take the time to read all of the nice little details. Insurance is always the best way to go and I wish that I would have purchased it for this auction. I guess I am a little thick headed. Lesson learned the hard way ~ or not so hard as it was not very expensive, just frustrating. Have a good day and good luck on e-bay!!
 

dallas702

Senior Member
Really interesting about the policy since we have numerous posts right here from people whose accounts have been suspended for selling used clothing.
 

Motherto6

Member
dallas702

The actual policy on the e-bay site says the following:
"Used clothing (except underwear) may be listed on eBay as long as the clothing has been thoroughly cleaned according to the manufacturer's instructions."
If an item is misrepresented they will remove the listing.
I don't know what other postings you are referring to as I just joined this site, but that is the policy. It looks confusing because when you look at their policy it says you can not sell the following and then gives you a long list of things including a listing that says used clothing. However, when you click on those words "used clothing" the above exception comes up. Just FYI.
 

biglittle

Member
I AM ALWAYS LIABLE said:
My response:

Isn't dealing with unseen crooks a real pisser? Perhaps this will be enough to teach you a lesson in doing business with unknown people across State lines - - because the reality is that it would cost you more to deal with the jurisdictional issues than I'm sure the cost of the shirts.

Stop shopping across State lines!

IAAL
Wow, how old are you... 80? 90? Welcome to 2005.
 
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