Ebay/fraud/london

[gotscrewed]

I was skimming through some of the threads and I noticed lots of people got had just how I did. The thing that upset me the most was the attention to detail I should have taken before sending my money through western union.

Briefly I will explain what happend to me so other people can avoid the same pitfalls I did.
I put on a bid for an apple laptop in which I lost. Although I recieved a 2nd Offer through my personal email. I was a little skeptical but the person that kept on corrisponding to me through the email was very helpfull and prompt with correspondance. Anyhow I sent the money through western union and contact has been lost. I phonned my local authorities at phonebusters.com and hoping something will come out of this.

I am leaving his contact info incase someone sees it and will report it.

Andrew Stuart
17 Square Garden
London, United Kingdom
M33-0AS
andrewstuart2005@aol.com

if anybody has any tips or any suggestions that i can use.. please feel free to drop me an email at ekatan@hotmail.com

 

[Duranie]

You should file a police report.

 

[carlwins]

I but and sell on Ebay. most of the time when you receive the second highest bidder notice IT IS BECAUSE THERE HAVE BEEN PHONY BIDS AGAINST YOU ..OTHERWARDS YOU WERE THE ONLY BIDDER AND THEY ARE SCAMMING YOU ....NEVER BUY WHEN YOU RECEIVE A SECOND HIGH BIDDER NOTICE let the relist it and stay away from them I AM NOT ACCUSING ANYONE OF THIS I am stating most of the time !!

 

[gotscrewed]

You should file a police report.

thanks Duranie i did and i wonder if anything is going to happen? think it's possible to sue ebay for not protecting their users or is it a lost cause?

 

[dagaul]

I but and sell on Ebay. most of the time when you receive the second highest bidder notice IT IS BECAUSE THERE HAVE BEEN PHONY BIDS AGAINST YOU ..OTHERWARDS YOU WERE THE ONLY BIDDER AND THEY ARE SCAMMING YOU ....NEVER BUY WHEN YOU RECEIVE A SECOND HIGH BIDDER NOTICE let the relist it and stay away from them I AM NOT ACCUSING ANYONE OF THIS I am stating most of the time !!

It is called shill bidding, against ebay's policy but ebay doesn't do anything to stop it, having been a victim of it myself, what normally happens is you place a bid and someof the times you place a maximum bid you are willing to bid up to, the seller who wants you to pay the maximum you have paid bids on the same item with another user name or gets someone else to bid on the item on their behalf and will continue bidding till you are no longer the highest bidder, he/she most of the time cancels their bid and you are left a the highest bidder but you are now left as the highest bidder with your highest bid and not the bid you initially started with, ofcourse sometimes the shill bidder ends up being the winner of the item and obviously can't buy it for himself since he/she is the buyer and seller so you get a second chance item
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[muggsyj]

THIS IS NOT LEGAL ADVICE (BUT IT IS FREE)


How much was the initial payment for the laptop?? Did you know that the person who recives the money has to produce proof of who they are? What western Union office was the money collected at. Do they have cctv of the event?? Is this person a regular fraudster on ebay?? These are question you should be asking! Try looking up the citezens advice UK they explain the law and you rights! and Trading standards for the area that the payment was made! ie LONDON. Trading standards are a wealth of knolledge and can enforse the trading LAWS in the UK. They are run by individual councils in the UK (ie. Local government.)

This should put you on the right track. Sorry for any spelling mistakes it is late now in the UK. A final BIG TIP is NEVER use Western Union unless you know who you are dealing with PERSONALLY!!!!!!!!! Wetern Union is a fraudsters dream as it is so easy to abuse.

Good Luck

Yours truly

Mark.

 

[mguth]

How To Sue eBay and Paypal for Unfair Business Practices

Consumers who have experienced unfair business practices from eBay and Paypal, e.g., where the companies refuse to live up to their buyer protection programs, may have recourse in a court of law. Typically unsatisfied consumers have bought a product on eBay or pay for it using Paypal only to find that the article is not as represented, is a different color or size than pictured, or arrives in a broken and unusable condition. When the consumer complains to eBay and Paypal and asks for a refund, both of these eBay-owned companies disavow any responsibility owed to the consumer.

This article will present a guide for consumers to prosecute eBay and Paypal for deceptive business practices that harmed them and what they can expect from eBay and Paypal in terms of defenses. At the outset, note that eBay and Paypal have managed to insulate themselves from damages claims through creative wording of their user agreements, which all consumers must agree to accept as a condition for using either eBay or Paypal.

Paypal, Inc., is a subsidiary of eBay, Inc., and the two companies are intertwined for purchasers of goods sold on eBay.com to complete payments to sellers using Paypal.com. The Defendants Paypal, Inc. and eBay, Inc., may be served with process (summons and a complaint) using the long arm statute of the consumer's state. The long arm statute most likely provides for service of out-of-state corporations through the state's Secretary of State. eBay's may be served with process at the following address: eBay Inc.; Attn: Corporate Counsel; 2145 Hamilton Avenue; San Jose, CA 95125.

Upon receiving the consumer's lawsuit, the defendants eBay and Paypal will advise the consumer that his or her user agreements with these two firms require the consumer to file disputes against the firms either with a court in Santa Clara County, CA, or with the National Arbitration Forum. If the consumer does not voluntarily withdraw his suit, then eBay will threaten to seek its lawyer fees to have the case dismissed. At this point, most consumers then drop their suits.

However, the arbitration clauses in the user agreements exclude claims for equitable or declaratory relief. Accordingly, if the consumer files his suit from the outset seeking equitable or declaratory relief, then the eBay user agreement defense will NOT prevent the lawsuit from going forward. With the lawsuit proceeding forward, the consumer can send eBay or Paypal interrogatories to seek discovery. Interrogatories are written questions sent to a party to a lawsuit that must be answered in writing, usually within 30 days. With interrogatories, the consumer can get access to information about the seller, as well as the frequency with which consumers have complained about items being delivered that were materially different from the item pictures on eBay.

The consumer's local state court will have personal jurisdiction over the eBay and Paypal to hear claims for equitable and declaratory relief, because these firms have established substantial contacts the consumer's state. The following non-exhaustive list of activities and contacts by the eBay and Paypal in and with the consumer's state make it fair, equitable, and convenient for eBay and Paypal to defend these causes of action in the consumer's state:

(1) The controversy arose out of the consumer's purchase of some item on eBay.com, which was shipped to him or her at the consumer's address, and which arrived damaged and unusable. The funds used to pay for this transaction were drawn from a bank in the consumer's hometown, and payment for this transaction occurred in the consumer's hometown. The contract to purchase the item and pay for shipping was most likely formed in the consumer's hometown.

(2) For more than 10 years, eBay and Paypal have systematically and continuously advertised their services to the consumer and other Internet users in the consumer's state via advertising and electronic mail. Over the years, eBay and Paypal have collected fees on scores of millions of dollars in payments and seller fees from businesses and residents in the consumer's state.

For circumstances in which a seller refuses to take back damaged merchandise and issue a refund, the consumer can seek equitable relief to bar that seller from any and all further transactions on the eBay and Paypal platforms. The consumer can seek declaratory relief that eBay and Paypal's Buyer Protection Plan submission forms are riddled with computer errors and will not allow users to properly submit claims.

The consumer should also check whether, and seek declaratory relief that, eBay and Paypal's fraud violated the state Consumer Protection Act, which frequently gives the consumer a statutory right to prosecute eBay and Paypal independent of any breach of contract claim he or she may have related to the user agreement.

The consumer can also challenge in his local state court the validity of the arbitration clause as unconscionable. A claim that the arbitration provision is unconscionable is a matter to be decided by the courts and not the arbitrator, because it specifically challenges the validity of the agreement to arbitrate irrespective of the validity of the whole contract. If the state trial court determines that the arbitration clause is unconscionable, then the consumer will be entitled to pursue monetary damages against eBay and Paypal. However, it is unlikely that a state court will find the arbitration clauses unconscionable, due to the pro-business tilt of the U.S. court system.

For more information and free legal advice for cases against eBay and Paypal, please contact the author through web page http://michaelguth.com/prose.htm

Dr. Michael A. S. Guth, Ph.D., J.D., is an attorney at law based in Oak Ridge, Tennessee. His practice focuses on enabling people to represent themselves pro se without a lawyer (and thereby save on legal fees), as well as full representation for appellate practice. One area his work has particularly emphasized is child support defense and elimination of the unconstitutional debtor prisons that now saturate our court jurisdictions across the nation. For more information, see URL http://michaelguth.com/prose.htm and http://michaelguth.com/samplepleadings.htm

 

[webpol]

fake address

the address looks fake, looks like they are using fake id.