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eBay Problem (please HELP)

drewnicedrewnice 5,465 Posts
edited January 2006 in Strut Central
Hey fam. I need a little bit of help with this one...

I purchased an album from an overseas dealer a little while ago. The description is identical to that of his other auctions:

http://cgi.ebay.com/RARE-WELDON-IRVINE-VINYL-NO-RES-1974_W0QQitemZ4816341877QQcategoryZ43691QQrdZ1QQcmdZViewItem

The listing states: Great condition, no reserve and categorizes the item as "Used" in the description heading.

I received the record yesterday and it is most definitely a reissue.

Here is my e-mail to him:
Hello,

I received this item in the mail today and would like you to know that it is a reissue, not an original LP. The listing advertised the item as "used". This is a "new" album. I will be sending the record back to you tomorrow. Please give me your address. I would like my money refunded, in full.

Thank you
And here is his response:
i did not claim this was vinyl was original issue though feel for you thinking it was . i can offer you a ?? 5 refund but that is all.
if this is not enough for you i suggust you cantact ebay on the matter.
i will do whatever they ask but do believe at this moment in time that i havent mislead you , it was you who asummed this to be original issue . the vinyl in question is used as stated - ie - its from my personnal collection and ive played it several times.
if you want a ??5 refund please send your paypal email address, if you dont please contact ebay not myself to take the matter further ,
regards
***********
I have zero experience with sellers who refuse to take an item back from a dissatisfied customer. How should I proceed with this matter? Contact eBay? Contact Paypal? File a claim with either of them? Charge back and then send dude his sh*t? (maybe not that one) It's ridiculous that dudes get over on some bullsh*t like this. Am I assed out, or do I have hope of getting all of my money back?

Your help is very much appreciated.

  Comments

  • On_the_Red_ClayOn_the_Red_Clay 1,728 Posts
    paypal chargeback dude
  • KineticKinetic 3,739 Posts
    I dunno man.

    I mean, his auction might be a litle misldeading (ie he probably wrote the description knowing he might fool someone) but by the same token, he has not made any untrue statement (at least that you can prove).

    If it was me, I'd bite the bullet and take the 5 pound refund. No disrespect, but in auctions like that one, I would ALWAYS send the seller a message asking them if it was an original issue or not.
  • drewnicedrewnice 5,465 Posts
    I usually do ask, but this was one of those "pull the trigger" moments.



    paypal chargeback dude



    Is this seriously an option that I should consider?
  • FlomotionFlomotion 2,390 Posts
    I think his description is misleading since "rare" and "1974" would suggest a rare record from 1974 rather than an easy to find reissue from 1998. The object he was selling was not rare or old. I'd escalate it.
  • meikel_neitmeikel_neit 110 Posts
    and: this must have been a quite misleading one, since 4 more people were bidding on it, and afaik the reish is still avaliabe and surely not sold for more than 12 british pounds anywhere.

    I'd try to get at ebay on that matter, but this will be a long and frustrating one. he's more on the safe side, unfortunatly. his "used by me"-shit is

    if ya want your money back, go with the chargeback.
  • Mike_BellMike_Bell 5,736 Posts
    I think his description is misleading since "rare" and "1974" would suggest a rare record from 1974 rather than an easy to find reissue from 1998. The object he was selling was not rare or old. I'd escalate it.
    Exactly. Dude was trying to rip someone off. Do the paypal chargeback and f*ck his world up.
  • BreakSelfBreakSelf 2,925 Posts
    I dunno man.

    I mean, his auction might be a litle misldeading (ie he probably wrote the description knowing he might fool someone) but by the same token, he has not made any untrue statement (at least that you can prove).

    I'm not buying it. The seller was just trying to get over. Look at his completed auctions. The dude is obviously not some guy who just lugged a trunk of records out of his basement. He's a beat collector, and he knows reissues aren't worth shit. Plus, the fact that he responds with an offer of a ??5 refund, saying he 'understands' how drewn could have been mislead, and that he'll comply with anything ebay asks him to do, just totally points to scam. He's banking on the buyer not wanting to go through the trouble of filing a grievance, and he's confident that if a complain is filed that ebay will side with the seller (and he's probably right).

    If he's left you feedback already, chargeback that shit ASAP. If he hasn't, I'd consider doing it anyway. If he leaves you negative feedback (which sucks, i know) record a .wav of you explaning what happened, email it to me, I'll host it on my ftp page, and then provide a link to it in your response. Sorry, I'm rambling. This type of stuff really pisses me off. I'd much rather just have my money taken than have to deal with this grey-area b.s.
  • 6fran506fran50 266 Posts
    AND NO RES , NO RES !!!
    could be considered as a deceit too
  • faux_rillzfaux_rillz 14,343 Posts
    I dunno man.

    I mean, his auction might be a litle misldeading (ie he probably wrote the description knowing he might fool someone) but by the same token, he has not made any untrue statement (at least that you can prove).

    Yes he has--the default assumption is always that the record is an OG, in other words that it actually is what it is being advertised as and not some cheap facsimile thereof.

    Pull the trigger, drewn.
  • JLRJLR 3,835 Posts
    AND NO RESPONSABILITY[/b] , NO RESPONSABILITY[/b] !!!
  • drewnicedrewnice 5,465 Posts
    I dunno man.

    I mean, his auction might be a litle misldeading (ie he probably wrote the description knowing he might fool someone) but by the same token, he has not made any untrue statement (at least that you can prove).

    Yes he has--the default assumption is always that the record is an OG, in other words that it actually is what it is being advertised as and not some cheap facsimile thereof.

    Pull the trigger, drewn.

    Thanks for the advice everyone. Now...

    FORM METHOD=POST ACTION="http://soulstrut.com/ubbthreads/dopoll.php">INPUT TYPE=HIDDEN NAME="pollname" VALUE="1138202942drewn">

    How to pull the trigger?[/b]
    File a claim with eBay and let him know
    File a claim with eBay without informing him
    Paypal charge back and let him know
    Paypal charge back without informing him

    INPUT TYPE=Submit NAME=Submit VALUE="Submit vote" class="buttons">


  • drewnicedrewnice 5,465 Posts
    I think the answer is pretty clear...but I just want to see what ya'll think.
  • 6fran506fran50 266 Posts
    AND NO RESPONSABILITY[/b] , NO RESPONSABILITY[/b] !!!
    oh ... that's it ... we should learn to read between the lines
  • bull_oxbull_ox 5,056 Posts
    I don't think ebay will have any problem with dude's description

    Sellers use misleading listings because they can get away with it

    Just another reason not to f$#% with eBay
  • RaystarRaystar 1,106 Posts
    I think the answer is pretty clear...but I just want to see what ya'll think.

    Were we not just talking about this sunday night on the phone!... tell ebay the item was not as described and charge that nut back, and keep the record, and real headz it!
  • drewnicedrewnice 5,465 Posts
    I think the answer is pretty clear...but I just want to see what ya'll think.

    Were we not just talking about this sunday night on the phone!... tell ebay the item was not as described and charge that nut back, and keep the record, and real headz it!

    Yes, we were, and I was all about, "I've had very little to no problems..."
  • davesrecordsdavesrecords 1,802 Posts
    what a fucking chump. selling reissues off like they are originals. chargeback his ass, let him feel your pain. oh yeah leave him negative feedback too. fuck him!

    drew that cosmic vortex record is mad common, about 3 on ebay per week for the last three years. you should definatly get it from a more respectable domestic dealer, save on shipping and not have to deal with this bullshit. oh well you live and learn i guess.

    i just won a rare record on ebay that i'm not sure if it's an original or reissue, i guess i'll find out when i get it.

  • drewnicedrewnice 5,465 Posts
    Thanks for the input, Dave. BTW, the record I got was from the same seller, but it wasn't that particular auction.
  • RishanRishan 454 Posts
    ??5 refund is bollocks. It'll cost you that much to send the thing back again. Sod that guy, he deserves any shit you can throw at him.
  • drewnicedrewnice 5,465 Posts
    Just as an update, I went through the whole PayPal dispute process, had my item "appraised" and faxed them over a document to prove it was not an original item, etc. Was just informed that I am will be able to get some, if not all of my money back. Putting it back in the mail to this dude in the morning. Thanks again for everyone's help and advice.

    I think the Post Office workers will have a little bit of fun with this one:

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