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 Replies: 22 / Views: 3,023 |
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Valued Member
United States
235 Posts |
Before I set my searches to show only sellers who take PayPal, I mistakenly bid on, and won, a coin from a seller who does not accept PayPal. He demands a postal money order or cashier's check. Since I am unable to get out of the house easily, my son got a cashier's check from the bank which did not include postage for the coin ($4.99). Four days later, the seller e-mailed me that he received the check but the postage was still due. He agreed to let me send him $5 cash. Now five days have passed, and he says that the $5 has not arrived. The coin is not under the ebay buyer protection policy. He has a smart-alec attitude about his refund policy in the item description. He has a 99.4% positive feedback; and I bought a coin from him in December 2006 when he apparently did accept PayPal and gave him a positive feeedback. I am frustrated and my patience wearing thin. I probably made the situation worse by telling him that this antiquated way of doing business belongs to the horse-and-buggy era and, from now on, my policy is NO PAYPAL, NO BID. What recourse do I have? Can I file a complaint with the post office for mail fraud? |
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Valued Member
United States
214 Posts |
You sent cash in the mail, so the post office will not guarantee this. Plus, there wasn't any insurance used anyway. You can file a complaint with ebay, but it will be hard to prove that you sent the other $5.00 and that he actually received it. So, I would push aside any bad feelings toward the seller. Send him a polite email and ask him if he has received the money, and if not would he email when it arrives. The amount of money is not worth a negative feedback or any great anger. As a matter of fact, it is one of the cheapest lessons one can buy. I have had a few that cost me much more. I know it is hard to accept, but there is not a lot you can do unless you and the seller can work it out. In the mean time, send a complaint to ebay that you did not receive the item. It may not help, but he will get a notice, and that may get his attention. |
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Pillar of the Community
United States
2254 Posts |
First of all cash in the mail is never a good idea. You will never know if it arrived. If this is not an honest seller, you may be in trouble. It can also very easily be stolen during the mail process. Even a personal check would have been better, whether he liked it or not. To be honest, I have no idea what I would do. I assume you do not have the coin? I would give it a couple more days for the mail system to work. I think the only thing to do from there would be to send another cashiers check for $5 and write off the cash, or ask for your money back and see what happens. Mom and Dad are pretty savvy with ebay, maybe they can shed some light. |
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Valued Member
 United States
235 Posts |
The original purchase was $129.99 for the coin plus $4.99 shipping. He got the $129.99 cashier's check. I am assuming he has already cashed that check. The $5 cash seemed to be the simplest way of sending this seller the postage. He got the check in four days; but now five days have passed since I sent the cash and he has not responded.
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Pillar of the Community
United States
7123 Posts |
Ask Him to return the original MO and you will Issue another for the full amount ,, that is the reasonable way to deal with this type of thing .
If He has already cashed the MO,, it maybe that doing so constitutes acceptance of the amount as payment in full for the Item ? Just something to consider when you have the status of the money order checked . It may not be nice but postal fraud is not a nice subject once the inspectors get involved .
Metalman
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Pillar of the Community
 United States
2703 Posts |
I would not worry and wait a few more business days before sending any more emails. The post office can be slow sometimes. Chances are he will get the five dollars early next week and send the coin.
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Valued Member
United States
235 Posts |
I believe Metalman is right -- if he cashed the cashier's check for $129.99, it can legally be construed as acceptance of payment in full. The US Postal Service does have an online complaint form to initiate a postal inspector investigation. As a semi-retired trial lawyer, I still have this "killer instinct" impulse to go for the throat immediately; however, I may have to wait until Monday and, if the $5 is still allegedly not received, demand a refund as if the coin had been returned. If I get any trouble, then I can unleash the postal inspector investigation and file a complaint with ebay for non-receipt of an item. This situation is my own stupidity for getting too excited about a coin and bidding without checking for PayPal. I now have my searches saved for PayPal sellers only. NO PAYPAL - NO BID. |
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Valued Member
United States
459 Posts |
Be patient! 5 days? Give seller 7-10 days before throwing hissy. This could have been avoided if you would have included the S/H in the place. Take some responsibility for your mistakes since essentially YOU have inconvenienced the seller with the delay. Next time read the auction details i.e. accepted payment methods.
Postal Inspectors only investigate cases when felony has occurred (more than $999/property value is involved, multiple complaints against an individual totaling more than $999,) or in the event that a postal employee has been accosted. Postal fraud is rarely prosecuted.
Edited by Benji
06/10/2007 12:03 am
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Pillar of the Community
United States
7123 Posts |
quote:
This situation is my own stupidity for getting too excited about a coin and bidding without checking for PayPal.
Benji I think that is what Houston_guy said ? you know in this life things happen they are not always pleasant to deal with ,,it takes reason tempered by tolerance,,sure the seller may have been inconvienenced but Houston_guy has in reality paid for the coin ,,and has sent the funds for shipping ,,I can tell you right now if this had been my auction the coin would have shipped while I waited for the shipping money ,,if I did not forgive it completely !! I spent 28 years in business for myself ,, I can tell you that return customers kept me alive during the early eighties ,,while others folded around me ,,just something a seller or service provider has to consider when dealing with the public. Metalman |
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Valued Member
United States
459 Posts |
Metal, I agree with you completely. I would have also forgiven the shipping cost, ate the $5 loss, shipped coin upon receipt of MO, and chalked it up as my "good deed for the day." I get frustrated when apparently intelligent people lack patience, responsibility, and common sense. This identical situation comes up all the time and can be avoided with patience and cordial communication (rather than insulting the seller's policy/practices). "I probably made the situation worse by telling him that this antiquated way of doing business belongs to the horse-and-buggy era and, from now on, my policy is NO PAYPAL, NO BID." After the above comment made by the buyer to the seller, I think it is fair to assume the buyer will not be receiving speedy shipping nor prompt responses to email or phone messages. As per ebay policy and certain state laws, the seller has up to 30 days to deliver merchandise after cleared payment. IMO, the buyer(and to a lesser extent the seller) made a bad situation worse. |
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Valued Member
United States
235 Posts |
Thanks Metalman! I bought the coin on May 25. I could not have gotten a money order or cashier's check until May 29 because of the Memorial Day holiday. Two weeks of dilly-dally is quite enough. Had this seller accepted PayPal instead of being some cave dweller who demands his money upfront in essentially a cash transaction, he coulkd have had his money immediately and I would have received the coin within 10 days --- and for $4.99 the coin should be shipped overnight! I will from now on deal only with PayPal sellers. As for the seller being inconvenienced, HE HAS BOTH MY MONEY AND THE COIN WHICH HE CAN OFFER FOR SALE AGAIN. Why is HE inconvenienced when I am the one who has to go to the bank to get get him a cashier's check and then wait for the check to clear before he mails the coin?
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Valued Member
United States
459 Posts |
"Why is HE inconvenienced when I am the one who has to go to the bank to get get him a cashier's check and then wait for the check to clear before he mails the coin?"
What did the seller's payment options state? Did you read them? If paypal is part of your buying criteria, you could have refused to complete the transaction and accepted the negative fb, NPB, or whatever other consequences as a result of your oversight. If the auction's payment options include paypal as an accepted payment method and he refuses your paypal payment, then you are not obligated to complete and transaction is null.
An auction link would be helpful, but I think this horse is dead.
Good luck and I hope you receive your coin.
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Valued Member
United States
235 Posts |
No, this topic is not done yet- (1)Breaking a contract is not the way I do business. I am disabled and unable to get out of the house easily; but nonetheless I sent my son to the bank to get the cashier's check to honor the commitment, and he mistakenly got it for the incorrect amount. I then tried to make it right for the pennny-pinching seller by send him the $5 in cash. (2) In the excitement of bidding, no, I did not read the seller's policies because I naively assumed that sellers who do business on ebay do not have a chip on their shoulders for, and mis-trust of, buyers. Unlike Third World countries where merchants consider themselves socially above the customers, in the United States the customers are the bread-and-butter of the merchant and usually it is the merchant who acommodates the customer. I believe we still are in the United States. (3) I posted this topic to educate others about my admitted mistake and to seek advice on what course of action to take (which might benefit all members) and not to be denigrated by someone smugly stating that I lack responsibility and common sense. This "Benji" need not worry that I will inconvenience him or her with any business dealings -- and others might want to take note before doing any business with someone who has such contempt for buyers. NOW THE TOPIC CAN BE CLOSED. |
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Pillar of the Community
United States
2254 Posts |
I think the topic should be locked before you folks say/write something that will be regretted at a later date.
I am a neutral observer to this and am certainly not taking sides, But Benji, I'm curious why you are taking this so "personal". Houston guy admitted his mistake, is not trying to back out of any payment, and was just asking for advice. Whether or not he changes his searching options is up to him, but it's certainly no reason to get so worked up with comments like
"I get frustrated when apparently intelligent people lack patience, responsibility, and common sense"
and
"This could have been avoided if you would have included the S/H in the place. Take some responsibility for your mistakes since essentially YOU have inconvenienced the seller with the delay. Next time read the auction details i.e. accepted payment methods."
I think if you re-read your posts, your point would have been taken without these comments. Especially the second where apparently YOU didn't read his entire post in which he admitted guilt. This is JMO and not intended to throw gasoline on what seems to be a smoldering fire. Just trying to help people out to see how somethings written can be easily misconstrued....
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Moderator
United States
23522 Posts |
quote:
NOW THE TOPIC CAN BE CLOSED.
Nope. We decide when it gets closed. |
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Valued Member
United States
235 Posts |
Thanks tights24! Maybe it is a generation gap thing. I am 61 years oold and have practiced contract law for a long time. I believe in honoring an obligation of contract even when, as I admittedly did, make an utterly stupid deal. Therefore, I simply do not understand the thinking, if any, of some 25-year-old who suggests I should not have honored the commitment I made in bidding on the coin if I did not like the seller's terms which I read afterwards. To me, that kind of attitude is the epitome of irresponsibility. If we all had that kind of despicable attitude, all commerce would cease because no one could be trusted.
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Replies: 22 / Views: 3,023 |
Posted 06/09/2007 8:04 pm
