warranties express or implied, and no returns. I was approached by
the buyer via eBay Message to perform a sale outside of the realm of
eBay. Disregarding my suspicions I went ahead and completed a
transaction outside of the scope of eBay.
Prior to acceptance of funds from the buyer, and prior to receiving
funds from the buyer I made further efforts to clarify the terms and
conditions of sale. Especially in regards to the warranty, returns,
and the unknown condition of the item.
The item was shipped via USPS w/ Delivery Confirmation and Insurance
at my cost. The buyer tested the item and informed me that the item
was DOA. The buyer presented me with two options:
"1. You give me $150 back (and of course, we void the auction which I
just bought with a refund) and I will try fixing the CPU, no negative
feedback on EBay.
2. I pack the CPU back the way it was (package is intact fully) and I
REFUSE it with USPS (it goes back to you), I file claim with PayPal
and get money back (all of it, since package will be refused) and you
get very negative feedback on EBay, letting people know your
The item (a CPU) is under warranty and the buyer would have been
getting a $500 or $600 wholesale cost item for $150 after having it
fixed by Intel under warranty. That's IF I would have refunded his
$150 as per option 1.
With option two, which I was in favor of, a full refund, the buyer was
going to leave me negative feedback on eBay (which I had a perfect
100% score after 6 years) AND file a claim with PayPal to get his
money back. (Which I was going to refund anyways).
The seller left several menacing & harassing phone calls on my cell
phone after he retrieved my phone number from eBay. He used the Sharp
MDS-702 Mini Portable Disc Player Recorder (5875846331) to retrieve
my phone, and mailing address etc from.
The seller offered to keep the item for $150 but informed me:
"YOU will get ZERO, NOTHING. I am leaving for post office in a few
hours, if I do not see $150 in my PayPal by then, you will see that
you will end up with absolutely nothing."
The seller put a piece of paper with "DO NOT FOOK WITH PEOPLE" written
in ink in the original box and sent it back to me. The original box
was a USPS Priority box, the ones that have the sticky tape built on
the insides of the flaps. It is VERY APPARENT when these have been
opened, and even more apparent when they've been taped back up.
In the end the buyer said during a phone conversation that he buys
these all the time can just have the credit card company cover the
chargeback. Buyer indicated he had Chargeback protection and didn't
care if I didn't wish to refund his money that he would keep the item,
and still get his money back. and that he would ship me back an empty
box. This is eventually what did happen.
DESPITE having delivery confirmation the buyer was able to repackage
the box, with NOTHING IN IT BUT A PIECE OF PAPER, and refuse delivery
of a package that he'd ALREADY SIGNED FOR.
The USPS delivered the package to my doorstep without me signing to
confirm my receipt of the item.
I filed a complaint with eBay in regards to the feedback extortion and
they were unable to assist me. I attempted and put forth a best
effort to contact PayPal however I was unable to find a correct
channel of communication with PayPal.
I hope that the evidence provided will assist in the resolution of
this previously closed Chargeback Case.
Quick Links for reference:
The Original Listing on eBay
Intel Pentium 4 570 Prescott 800MHz FSB 1MB L2 Cache
Item number: 6856137836
The Mini-Disc Auction used to retrieve my phone number and harass me,
as well as to extort me
Sharp MDS-702 Mini Portable Disc Player Recorder
Item number: 5875846331
Here's a link to my eBay account showing a perfect feedback score for
the last 6 years:
The eBay User id was: KMFDMK
It has since been shut down.
Here's a link to the buyers eBay account showing only 7 months active
use, and now no longer a registered member:
All the other information I have provided in fax form to PayPal.
I had hoped PayPal would simply eat the chargeback however they've informed me that I need to appeal the chargeback decision and file a claim with my local police in order to overturn the chargeback. Furthermore from what I understand I'm going to need to subpeona PayPal to find out the credit card company, and then subpoena the credit card company to find what information they had that led them to decide in favor of the buyer in this case.