What to do when someone screws you over?

[chuckfurok]

So someone on the board posted something for sale. I said I need that! and sent them cash. His description says it ships the next day I would have it in two days. I paid for the item on the 14 of January and have not seen anything going on almost 30 days. I told him I had not received anything and he says "Okay, I talked to USPS, according to them, it was delivered successfully, They asked me if I wanted to report a claim, but I've never had good luck with that, it takes too long & is more trouble than it's worth. I don't have the cash to fork over for the shipping at the moment, so you're gonna have to give me a few more days, I'm really sorry for all the trouble, I'll let know as soon as I ship them." So I asked him for the tracking number that he used. No response, which leads me to believe that he did not actually ship it. That was about 2 weeks ago. Asked for my money back. No response. What should I do? Start talking a lot shit about him here? I hate this, never had a bad experience with the tapeop buy/sell board and am just wondering what to do when the system of trust breaks down.

[strdsk]

I feel for you bro. I've, unfortunately, been burned by tomb members a few times in the past. Learn from my experience and save yourself the scrutiny from being too public about your affairs here though. If you're certain that this guy is screwing you, why protect his anonymity? Let us know who NOT to deal with and be thorough as to WHY. That way, we can all make better more educated decisions on our own as far as if we want to continue dealing with this person or not. Just list the facts though and don't let your emotions get in the way...although...I understand it's hard to do. File a claim with USPS that this guy is a dirtbag, if he is one, and also notify the people at the payment service you used. Disputes can be opened through PayPal and most banks and other financial institutions if you dig hard and deep enough. Hope this helps and good luck...JD!

[jessejamietig]

Hey man, that totally sucks!
I've bought from you on this board, and you were the nicest guy I've ever dealt with.
I'm sorry this happened to you. Have you tried getting the shipping number and see where it was delivered too if at all?

[strdsk]

That's why as inconvenient as it is...it's always safer to have packages signed for on stuff like this. He can argue with you until the cows come home that it was delivered to you and your neighbor stole. And he could be right? Or that you got it and are harboring it...I've heard it all...lol! At the end of the day though, it's gonna' be your word against his without having to sign for it. This IS a real bummer man...I'm sorry you're going through this. Don't be too bummed though...it happens to lots of us out there.

[chuckfurok]

Thanks for the words of encouragement and solidarity friends. It is a bummer, fortunately it was only about $30. I can't imagine how stressed I'd be if it was hundreds. I think I will just have to right it off as a learning experience.

[tmarkov1]

As inconvenient and costly as it is, ebay and paypal have a lot of safeguards for people. I have sold 4 things on here and always require ebay and paypal to be used. At a minimum, paypal should be used because they offer buyer protection in the event of a non-delivered item. I love the safeguards.

The time I did a trade without ebay or paypal, everything went smooth. We signed a contract that each other would ship items, and each of us had a copy. I sent my item when he sent his. We traded the tracking numbers. Done.

It's good to know that there as some good souls still around. The ones that screw you over are the ones that show you exactly how to proceed with caution when dealing with private sales over the interwebs.

Sorry to hear about your situation. It's happened to all of us. People need to keep the level of trust up on this board. You should always check to see if you can get a phone number, physical address, facebook, myspace and also check the Phone Number on Google to see if it's real. Be safe! To all the sellers on TOMB, don't be evil. Sell your gear, make the money and give the buyer his or her gear!! Be nice and keep the good impression of the TOMB B/S/T forums alive.

[Bassmankr]

Next time pay with a US Postal money order with a "legally restrictive endorsement" on the back (where seller has to sign his name/endorse to be paid). Have the endorsement read "Paid in Full for XYZ", if it's an ebay auction have it read "Paid in Full of Ebay Auction #: XZY". Seller will sign his name under your legal endorsement. He will face prosecution and mandatory 85% jail time of sentencing guidelines for Federal wire fraud if he is scamming. It will be his responsibility to prove to the US Attorney that the item was sent. Way better than paypal as scammers know not to mess with certain jail time. Feds don't like it when you mess with their bank instruments. Always a good idea to have signature confirmation too on anything being sent to you.

[kslight]

There's something mixed up about your story or theirs.

First he's saying that USPS said it was delivered. Then he's saying that he doesn't have the money for shipping? Having the money for shipping wouldn't be an issue if it's supposedly been delivered...



If the guy hasn't responded to you and you mailed him cash, how about you post his sn and mailing address and we can sign him up for all kinds of fun junk mail...

[fuzz]

This kinda thing sucks, but I think its a reality of buying used gear. I got burned on a space echo for $250 (cause thats what they were used in 02') and I might as well just dropped the dough in the mail box and walked away. I had a guy sell me a pair of NS-10s with a blown woofer, who disappeared shortly thereafter. Another guy sold me a shorted patch bay and wont return my calls. A fellow in Canada claims he had to pay to tune an ARP Odyssey I sold him and wanted me to reimburse him (the reimbursement was more than he bought it for).

Even just now I cruised over to the tomb after getting an email from a friend who was offered a "great deal" from someone he trusts. The guy is trying to sell him his purple compressor for more than the highest sale price on ebay. Wow, what are friends for...
I'm happy to tell him whats going on, with the guy trying for a quick good sell thanks to the greased wheel of brohood. In any case, its gonna happen on both ends and all you can do is not be the a-hole and take your losses with the occasional great find, (like the "broken" mini moog that only plays one note at a time)

[ctmsound]

uh, did you get a tracking number? That would be helpful.

[wardshorsehead]

Next time pay with a US Postal money order with a "legally restrictive endorsement" on the back (where seller has to sign his name/endorse to be paid). Have the endorsement read "Paid in Full for XYZ", if it's an ebay auction have it read "Paid in Full of Ebay Auction #: XZY". Seller will sign his name under your legal endorsement. He will face prosecution and mandatory 85% jail time of sentencing guidelines for Federal wire fraud if he is scamming. It will be his responsibility to prove to the US Attorney that the item was sent. Way better than paypal as scammers know not to mess with certain jail time. Feds don't like it when you mess with their bank instruments. Always a good idea to have signature confirmation too on anything being sent to you.

Hmm. Sorta.

1. Restricitive endorsements are NOT binding in all states.

2. The use of a federal instrument (USPS MO) does not trump #1.

3. Even if your state holds restrictive endorsements as binding, the state where the payment is being sent may not, and your rights are limited.

4. Many states require that you provide written notice of an r.e. attached to a payment X amount of days before the payment is remitted.

5. In those cases, failure to comply with #4 makes the restrictive endorsement null, and the payee can simply cross out the r.e. and deposit the instrument without restriction.

6. If your restrictive endorsement is made in a manner not in good faith - i.e. you make a credit card payment of $500 on a $3000 balance, with a r.e. that states acceptance of the payment indicates the debt is paid in full - you can be prosecuted for fraud, and if it is a USPS MO, for wire fraud. (Crackpot, unabomber, fringe- libertarian folks have been trying this one for years...)

7. In all states, a party receiving such an instrument with a r.e. can refuse the payment, or have a policy prohibiting the use of restrictive endorsements. If the refusal causes your payment to be late, you are still liable for any late-fees, overdrafts, or other penalties.

Case law on this is so divided - there are so many exceptions to the UCC at the state level, that one ought not count on using a restrictive endorsement as any sort of durable contract. Too many loopholes, most of which seem to protect the interest of the payee.

Paypal - as much as it can suck - offers you considerably more protection for peanuts.

Good luck to the o.p., btw...

[snatchman]

Humm...I feel for you..Fortunately, I 've made many transactions on this Forum as well as others and have always just used USPS money Orders..Never had a problem ( selling or buying)...I guess transactions like this makes everyone " jumpy" about trusting people..I'd rather just use Money Orders, etc., but I know it's wishful thinking that everyone will hold up their end.. I just recently signed on to the PayPal way ( )..BTW,I sent you an e-mail... ..Good luck

[Banana Crotchbuckle]

so it's this guy?

http://portland.craigslist.org/wsc/msg/1598209281.html

same avatar
he's posting here in Portland for the same tape as the list, though he is in OH

[losthighway]

I think it's very respectable of you to be cautious and not out whoever this member is, but I think it's unnecessary. Every time I have done any business, buying, or selling on this board I have felt good about doing business with this community. Every TOMB member I have dealt with off the Buy/Sell/Trade forum has been a clearly honest, cool person.

Maybe if someone has been unfair and unresponsive to amending the situation people should publish who that is on here so it doesn't happen to anyone else. Weed out the bad ones, kind of thing. After all, this board is a loose network of friends/colleagues/acquaintances in any other group of folks if one person did something dishonest the others would hear about it.

I guess what I am suggesting to my fellow TOMBer is if someone stiffs you and isn't helpful after several polite tries. Share that with the board, in bold.

[Nick Sevilla]

I had something similar happen a while back...

But I did not pay for any service, I just never got a call back for getting a quote on a service.I tried to resolve it privately, and the schmuck came on to this forum and harassed me.He still has not posted a single new post since, I think his user account was suspended. I did not even call him out in public, he did that all on his own.. it was very funny to watch this person make an arse of himself in public, without my assistance.

I say call this guy out in public, and see what happens. Maybe embarrassment might work, maybe not? It will, if he expects to scam again.

Now, as devil's advocate, I must say the following:

WHAT THE HELL WERE YOU THINKING SENDING CASH???

That was a very dumb move on your part. PayPal, and Credit Cards, and Checks, and Money Orders are safer than cash any day, as there is a way to track them.

Cheers, and better luck next time.