Got Screwed on Ebay (via Paypal)

[Nathan Acree]

Just wanted to see if anyone has any advice-

I got screwed out of $2450 for an Ebay auction for an S2000 engine and transmission I was going to use for an engine swap into my GT.

Paid the guy via paypal, and he never sent the engine. After a couple of email exchanges with the guy he says that for whatever reason he can't send the motor and file a dispute with paypal. I did that, but paypal will only cover $200. And since it was a transfer from my bank account not a credit card (stupid, I know but I have never had a problem previously). I contacted paypal and they all they will tell me is that they are working to try and recover the money but they will not give me any specifics because it would violate the other guys privacy!

I am going to file a small claims suite in North Carolina where they guy lives but was wondering if anyone has any other suggestions?

Thanks,

Nathan Acree
Albuquerque New Mexico

[oldopelguy]

Can one of us go pick up the motor for you? Is it a problem with the item or the shipping?

[Nathan Acree]

I don't know what the problem is other than the guy simply said he would not be able to send me the motor.

I have a bunch of free miles so I could actually go get it but the seller says that he is no longer able to sell me the motor.

I have been in contact with the seller via email but he now will not respond to anything.

-Nathan

[jtb]

Hi,

That sounds like a crappy situation, I hope you win in the end.
Doesn't ebay provide protection for an item that is paid for but never shows up? I'm not sure what the limit is. Have you contacted ebay?

hth,

jtb

[timemachine]

An e-bay bid is a enforceable legal contract between you and the seller and it goes both ways. You've made no mention of why this fellow won't refund your money. If he simply refuses to send the engine and also refuses to give you your money back it's pretty clear how this would work out in small claims court, which in NC allows claims up to $5,000.

If the guy has the means to repay you he's obliged to do that or go to jail. If he's recently indigent or has filed for bankruptcy, your chances of getting your money back are worse, though intentional fraud would call for more penalties for this seller. A check on his status and a call to the NC court in the relevant jurisdiction will quickly let you know what it will cost to file suit.

But it's up to you to take those steps and go forward from here.

Jim

[ungermm]

You should also file a grievance through Ebay resolution center. Try here for info.

Item Not Received or Significantly Not as Described Process

[opelwasp]

The fact that this sale was across state lines may incur some federal penalties. This guy may want to refund the money at a minimum, he may even get popped with grand theft along with fraud. Interstate commerce laws can really screw you if you try to screw others.

[Dennis Texas]

Originally Posted by Nathan Acree Just wanted to see if anyone has any advice- I am going to file a small claims suite in North Carolina where they guy lives but was wondering if anyone has any other suggestions? Thanks, Nathan Acree Albuquerque New Mexico

Nathan check with the laws in that State I can tell you from previous in Texas experience filing a small clam is not going to do you any good even if you win they only make the judgement they can't make them pay you, a lot of the time people dodge the subpoena and don't even show you get the judgement but no cash. It's sad on top being riped off you riped off again for 75 buck to have the idiot served.

I know you know better now but always try to use a credit card. On large purchases though usually pay pal will not let you use a credit card.

[Dennis Texas]

sorry it posted before I was finished. Go to the police department they have a unit in larger towns for internet fraud try that.

[Sparky73]

No matter what you do, sadly, will take time. This is what I would do.

- Try your hardest to find as much contact information as you can. Phone number, home address, legal name, ect ect.

- As hard as it may be, try to be nice.. I have had buyers/sellers take a while to respond to emails because of family problems and such. Getting pissed right off the bat usually just leads to more problems. Explain to him that you could have someone pick the item up if that would solve the problem. Also make sure he understands that even though it is just eBay, keeping the money and running off is illegal and he could get into trouble, not only with eBay/Paypal, but with the police.

- If no email or message is received, you can start to be more aggressive. Most of the time, just threatening them with taking them to court, or contacting the authorities will let them know you are serious.

- If nothing is working to this point, call paypal. It is hard to get through, but a call will do more than an email. Most of the emails they send you are computer generated, and nobody actually reads them.

- Last resort, which is sounding like may be the only way, is to contact your local police station, explain the situation and bring documents and proof to show what exactly has happened, and they will be able to help.. or lead you in the right direction. Small claims don't always work. If the police are able to help, if you provide the sellers information, they will contact him via phone and by now he should know things are serious. Nobody wants to go to jail for fraud, and chances are the police will basically give him one last chance to refund the money and settle things before extreme action is taken.

Good luck with everything, and keep us posted!!

[yellaopelgt]

Every major cities police department has a internet crime/ fraud division...contact the city where he is and give them ALL documentation..including his phone# and address.I would suggest printing out the E-bay auction ASAP before he pulls the pics...get EVERY scrap of evidence you can possibly think of !!!! And..if you have the guys info...look him up, every state has a court database. There is a good chance that he may already have a criminal record pertaining to something similar. OR>>>>if you are REAL lucky...he may be on paper for something else and you can forward this info to his probation/parole officer. People like that will definitely be on your side. He don't play fair so why should you?? I cant stand dirt-bag losers like that, trust me, I know the feeling.....Just save all documentation you can possibly think of. You will need to do all the foot-work, and without a doubt,prove your case thoroughly before the police will act on it. Sometimes all it takes is the police to call them and scare the crap out of them and they come to their senses.......
HTH
Joe
BTW PayPal IS E-bay......one in the same ...so chances are you wont get any satisfaction from them. Lesson learned..use a credit card from now on.

[Dennis Texas]

Originally Posted by yellaopelgt Every major cities police department has a internet crime/ fraud division...contact the city where he is and give them ALL documentation..including his phone# and address.I would suggest printing out the E-bay auction ASAP before he pulls the pics...get EVERY scrap of evidence you can possibly think of !!!! And..if you have the guys info...look him up, every state has a court database. There is a good chance that he may already have a criminal record pertaining to something similar. OR>>>>if you are REAL lucky...he may be on paper for something else and you can forward this info to his probation/parole officer. People like that will definitely be on your side. He don't play fair so why should you?? I cant stand dirt-bag losers like that, trust me, I know the feeling.....Just save all documentation you can possibly think of. You will need to do all the foot-work, and without a doubt,prove your case thoroughly before the police will act on it. Sometimes all it takes is the police to call them and scare the crap out of them and they come to their senses....... HTH Joe BTW PayPal IS E-bay......one in the same ...so chances are you wont get any satisfaction from them. Lesson learned..use a credit card from now on.

That is the best route to take been there done that only other thing would of been if Nathan had sent money using post office but paypal is not through that mechanism and does not fall under mail fraud.

[Dennis Texas]

and when you print out emails to take to fraud division, make sure the full header is shown. Most emails only show addressee, in options you can elect to show full header for tracking purposes. Whatever you do don't delete original email after printing.

[Nathan Acree]

Everyone,

Thanks for the suggestions. I'm pretty sure the guy thought that paypal would refund all of my money and he could walk away with some quick cash.

I have called paypal and they refuse to do anything further that refund $200 that the transaction qualified for.

I am filing a small claims suit in Rutherford County where this guy lives, and hopefully getting served will knock some sense into the guy. However, most people who are scam artists know a way around almost everything so I don't have high hopes.

I am going to contact the local Police Dept. as suggested as well, but if the local PD there is anything like here they won't be able to help much.

I guess I learned my lesson. I should have used a credit card- but I spoke with the guy several times before I sent the money attempting to determine if he was a serious seller. Everything seemed in order so I went ahead with the transaction.

Live and learn I guess.

-Nathan Acree
Albuquerque New Mexico

[PROPEL]

I sincerely hope you find resolution. I hate to hear things like this. I had a similar experience, but the fraud unit will only put the guy in jail. If he has already spent your payment, or is a criminal, it will be difficult to get your money back.

[Dennis Texas]

small claims court unless they can garnish his check cannot make him pay you are spinning wheels I'm afraid. Internet fraud division are a group dedicated to pursueing internet fraud is in not your local police department and they can deliver if you have the facts.

[Nathan Acree]

Originally Posted by Dennis Texas small claims court unless they can garnish his check cannot make him pay you are spinning wheels I'm afraid. Internet fraud division are a group dedicated to pursueing internet fraud is in not your local police department and they can deliver if you have the facts.

Definitely going to try to contact the internet fraud division of the Forest City police. Hopefully they will be able to do more

-Nathan Acree
Albuquerque New Mexico

[yellaopelgt]

Even if it doesn't actually pan out and you don't get your money back.....A. He could go to jail
or B.the local P.D. will have some type of record that this guy has done this. It could help someone else sometime down the road. And it will be a red flag for them to investigate it further. Or put a stop to it all-together.
I know its very frustrating.....man do I know(sigh) but don't let it consume you. Otherwise he wins regardless. Just do what you can, and consider it a life's lesson. You really cant trust people nowadays. It's sad for us(the good guys).
Good luck to you and keep us updated! Wish I could buy you a beer........
Joe

[greenopelgt]

When all else fails turn it over to Soybean, Oooner and the boys of the Carolina Opel Club. Who knows what might happen? They may have contacts that get results. Enough of this scamming our community citizens!!!!!!!!!

[yellaopelgt]

Actually...escrow is the way to go with larger purchases. There is a fee but its fool proof. =not happy=money back.
Joe

[wrangler]

Take a look at this site... it has alot of useful info and even gets the FBI involved if the case warrants it.

Internet Crime Complaint Center (IC3)

Hope you get your problem resolved soon.
Brett