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So am I boned on this ebay transaction?

post #1 of 12
Thread Starter 
I'm just going to copy and paste the situation from an email I sent to eBay customer service: Hello, I won this auction for a pair of jeans quite a while ago. I paid for them with a personal check. After I got them, I discovered they were counterfeit. I emailed the seller about it, he said that he "did not sell fakes," but I could return them for a full refund (he had an unconditional return policy in the item listing anyway). I sent them back insured, and I got a receipt that they had been delivered and he signed for them. However, he never mailed me back a check. I've since emailed him several times, to none of which he has replied, and I've called him several times. At first when I called him he said he had a lot of returns he had to go through, so he just hadn't gotten to them yet, but that has been weeks ago. He has since stopped answering his phone or returning calls at all. He also closed his ebay account. So he has my (fake) jeans and my money. I have proof that he signed for the package and my bank has proof he cashed my check. Is there anything I can do? The ebay response was some boilerplate that had nothing to do with my situation, so I emailed them back but haven't yet received a reply. So is there nothing I can do? Thanks to the runaround I was given by this guy, it's already past the 60-day period in which I had to file an "Item not received" complaint, as I was suggested even though it doesn't really apply. Boned?
post #2 of 12
good luck. Ebay talks a good talk, but rarely comes through on EITHER side of a dispute. I've been on both. While they CLAIM to look after their buyers, just be sure to look out for yourself as well. Get to know your seller by communicating and doing smaller transactions and reading feedback, etc. Hope it works out for you.
post #3 of 12
If it went through the U.S. mail, you can file a report with the US Postal Inspector. From my experience, they take a dim view of this sort of thing.
post #4 of 12
There are several lawyers around here. One of them is bound to have some idea what to do from a legal point of view. I guess that you have the name and address of the seller since you shipped the jeans back, so you can precisely identify the guy who stole your money. Mathieu
post #5 of 12
Thread Starter 
I'll look into the postal inspector thing. I do know his name and address. I would definitely be receptive to advice from any lawyers as well.
post #6 of 12
You might try taking it up with his local police - he probably did it to others too... What was the username??
post #7 of 12
Thread Starter 
His name was 55fashion. I filed an IFCC complaint yesterday and a postal inspector complaint today; don't know if they'll do any good or not.
post #8 of 12
what was the outcome?
post #9 of 12
Thread Starter 
Well like I said, I filed a complaint with the Postal Inspector and with the IFCC, and the only thing that's happened since then is I got a postcard from the PI that said they were working on it.
post #10 of 12
Ebay's customer service is virtually non-existent. A couple of years ago I won, along with 29 others in a Dutch auction, a Palm handheld. None of us received our goods, and the seller kept everyone's money. Ebay did nothing, until the seller did it again, when the made hime no longer registered, as if that washes their hands of fraud. However, we 30 got together, and the group included a lawyer and various other useful people. We went to the police, and the seller was found to be involved in frauds totalling over £300k. He skipped to Canada before they could arrest him, but two women whose address he was using were charged with aiding and abetting, and he was caught later. Ebay finally, some 7 months later, paid out through their buyer protection scheme. I don't know what Ebay.com is like, but Ebay.co.uk seems to have ever more fakes and scams.
post #11 of 12
Consider it lesson learned; at least you are not out $900 like a friend of mine is with counterfeit U2 tickets.
post #12 of 12
Ebay's customer service is bad. They did nothing when I got fake emails from someone and never do a thing with a fake item or two I have gotten.
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