Ebay/Paypal dispute/claim--advice requested
dave@redstone
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ih=012&item=220017050939&rd=1&sspagename=STRK%3AMEWN%3AIT&rd=1
from a guy with great feedback like mine. When it came in, the truss
rod had been broken off--nothing protruding out of the hole. The
broken piece and nut were missing. The sheared rod was visible about
5/8" down in the hole. Whe I emailed him, he claimed he saw his tech
adjusting the rod and wanted to see a picture. I sent him a picture
and he says: " looks like you have a shipping claim". I responded that
I thought that would be fraud. I have received no further word from
him, even after repeated requests for him to answer my emails.
Eventually I filed a Paypal dispute, but he refused to communicate
with me thru them and immediately escalated it to a Paypal Claim. In
the hundreds of guitars that I have bought and sold, this is my first
deal with a dishonest soul. I am not sure what to do. I'm probably
screwed any way I go. I wondered if any of you guys have any counsel
on this kind of stuff.
dave
Starcaster
> screwed any way I go. I wondered if any of you guys have any counsel
> on this kind of stuff.
This sucks. I have had a couple of bad buying experiences too. On
one, a guy sent me an amp with broken reverb and did not respond at all
to my attempts to contact him. I left him negative feedback after
giving him plenty of time to respond. I didn't pursue the complaint
route although in retrospect, I probably should have. I spent $500 for
what is probably worth $350, so I didn't need the extra hassle at the
time. Now I have another unused amp... anyone want a Fender Blues
Deluxe with broken reverb for $300?
On another, a dealer sold me a guitar with a large (1") area of chipped
paint (completely gone) on the bottom where a careless person would
stand it up. This was not documented or visible in the large pictures
he had on the auction. The same guitar also had a loose switch that I
had to take apart to make it work. There was a claim that the guitar
had "gone through our rigorous 10 point setup" or some such nonsense.
When I complained politely, he sent me a new switch - but didn't
address the finish damage. I left him neutral - not negative -
feedback. His response? He left ME neutral feedback - "Tried to work
it out..." Bullshit. He probably never bothered to even look at the
base of the guitar, but won't own up to it.
Anyway... it sounds like the seller is probably taken by surprise and
embarrassed, but he's handling it rather badly. It is highly unlikely
that the truss rod adjustment apparatus would break with shipping. You
could harrass him until he gives you a response, but I'm thinking you
may be eating this. I'd like to hear about people who actually got
Ebay and/or Paypal (same thing really) to provide substantive help in
these situations.
oasysco
> I bought a 70's or early 80's Japanese Epiphone Emperor F on Ebay
> http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ih=012&item=220017050939&rd=1&sspagename=STRK%3AMEWN%3AIT&rd=1
> from a guy
A guy with red-painted toenails?
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=220017050939&indexURL=5#ebayphotohosting
>with great feedback like mine. When it came in, the truss
> rod had been broken off--nothing protruding out of the hole. The
> broken piece and nut were missing. The sheared rod was visible about
> 5/8" down in the hole. Whe I emailed him, he claimed he saw his tech
> adjusting the rod and wanted to see a picture. I sent him a picture
> and he says: " looks like you have a shipping claim". I responded that
> I thought that would be fraud. I have received no further word from
> him, even after repeated requests for him to answer my emails.
> Eventually I filed a Paypal dispute, but he refused to communicate
> with me thru them and immediately escalated it to a Paypal Claim. In
> the hundreds of guitars that I have bought and sold, this is my first
> deal with a dishonest soul. I am not sure what to do. I'm probably
> screwed any way I go. I wondered if any of you guys have any counsel
> on this kind of stuff.
Yes I have experience here... if shipped by FedEx or UPS, all shipping
claims must be filed by the seller. It is his responsibility to file a
claim on your behalf. You can not do it yourself.
Decide now if you want money to get it fixed or if you want all your
money back. If you want it fixed, get an internet quote form a luthier
as to cost. An alternative is to buy this $229 product available on
StewMac:
http://www.stewmac.com/shop/Tools/Special_tools_for:_Truss_rods/Truss_Rod_Rescue_Kit.html
Next, one of two things will transpire: (1) the shipping company will
send you a shipping ticket to send the package back to the seller for
inspection by UPS/FedEx or (2) the inspector will come to your house
and inspect the item. Do option #2 if you can - at least you have
something for your money if things go south. Keep all packaging, wrap,
boxes, etc.
Next, the inspector will come out and take pix. Back at the office,
he/she will make a determination. If they decline, your only remedy is
with the seller; you can contest the payment with your payment company
(PayPal, CC). With paypal, it's gotta go thru arbitation; same for CC
to some extent.
If the inspector decides for rather than against you, UPS/FedEx will
pay the shipper (not you!) the amount to get it repaired or the
rpleacement cost for which the item was insured. It was insured by the
seller, I hope.
you must then recoup the payment from your seller, so don't tick him
opff just yet, if you can help it.
Good luck... it's a pain, but as long as your shipper is pulling for
you, it could well work out.
Greg
>
> dave
Joey Goldstein
Well I had a good experience with a PayPal claim that I initiated myself
against someone.
I purchased something and then the guy went awol and never delivered. At
first, at the 2 week mark, he gave me an excuse that he'd just had an
emergency hip replacement. I thought it was a pretty good excuse and
gave him some more time. But a month later he wasn't returning my emails
and still no goods. It's possible he's really sick or even dead, I
guess. But PayPal returned my money.
Escalating it to a claim is a good thing. It's your claim, not his. How
or why *he* could/would escalate the dispute, that you initiated, into a
claim is beyond me.
Why would he have had his "tech" tighten the truss rod anyway?
I'd think you'd want to loosen a truss rod prior to shipping.
--
Joey Goldstein
http://www.joeygoldstein.com
joegold AT sympatico DOT ca
dave@redstone
wrote:
Apparently, the seller went ballistic when I responded that for me
to"file a shipper claim would be fraud" (and a not-very-convincing-one
because there's no broken piece that would have been under the truss
rod cover if it had broken in transit). He never responded to an mail
after that. A damage claim wouldn't have passed the laugh test if the
inspector had a brain because I couldn't produce the missing piece,
but I realize I blocked the seller's only escape route, so to speak,
with that remark. I think I'm screwed.
I'll probably be able to give you guys a review of the Stew-mac
rescue kit. I'm worried that the rod is so far below (5/8 -3/4") the
surface, and their kit seems to be designed for the case where the rod
is at or above the surface, but maybe I can get a piece of rod that is
the right size to act as a guide to line up the tool 'til the cutter
gets to the truss rod. The other problem is that I'll have to find a
bigger cover because I'll have to enlarge the opening in order to get
the angle necessary for the Stew-Mac tool. But that's a small thing, I
guess. I may have to have an extension nut fabricated to reach the new
threads of the truss rod, too. Maybe a theaded cylinder with a dome
nut welded on top?
My wife thinks I should just blow it off because the Paypal claim
process will be upsetting and "you are a heart patient". She's
worried. Maybe I will. I can't imagine that anything good will come
out of it.
Thanks for your comments. It helps to discuss it.
dave
Victorrey
see where it goes. A while back I had shipped a Gibson Lucille VIA Fed-Ex
and they managed to crack the headstock. They were dodging responsibility
until they were advised that the buyer would accept having the guitar
repaired (cost approx. $240.). Fed-Ex couldn't pay up fast enough.
That said it's amazing that someone would sell a guitar with a broken truss
rod and say it was damaged in shipping. Good Luck with this. Vic Reyes
<dave@redstone> wrote in message
news:e7nbf2tnvkqhomv7d...@4ax.com...
dave@redstone
<nos...@nowhere.net> wrote:
>Well I had a good experience with a PayPal claim that I initiated myself
>against someone.
>I purchased something and then the guy went awol and never delivered. At
>first, at the 2 week mark, he gave me an excuse that he'd just had an
>emergency hip replacement. I thought it was a pretty good excuse and
>gave him some more time. But a month later he wasn't returning my emails
>and still no goods. It's possible he's really sick or even dead, I
>guess. But PayPal returned my money.
>
>Escalating it to a claim is a good thing. It's your claim, not his. How
>or why *he* could/would escalate the dispute, that you initiated, into a
>claim is beyond me.
I have no experience with the process, but I thought perhaps it was
his way of saying "I'm not going to answer your questions". When he
escalated to a claim, he filled out a report/description of the
transaction and doesn't have to respond to my questions or remarks, in
which I could point out any inconsistencies. Also it told me that he
had no desire to negotiate. Perhaps I'm wrong, but it also suggests to
me he knew the damn thing was broken.
dave
Joey Goldstein
> On Wed, 30 Aug 2006 18:13:28 -0400, Joey Goldstein
> <nos...@nowhere.net> wrote:
>> Escalating it to a claim is a good thing. It's your claim, not his. How
>> or why *he* could/would escalate the dispute, that you initiated, into a
>> claim is beyond me.
> I have no experience with the process, but I thought perhaps it was
> his way of saying "I'm not going to answer your questions". When he
> escalated to a claim, he filled out a report/description of the
> transaction and doesn't have to respond to my questions or remarks, in
> which I could point out any inconsistencies. Also it told me that he
> had no desire to negotiate. Perhaps I'm wrong, but it also suggests to
> me he knew the damn thing was broken.
Yeah but...He has no claim against you.
He's the one who's got your money, right? You already paid him?
What more can he claim against you?
By bumping the "dispute" up to a "claim", yes, the communication between
you and him is ended. Maybe he just didn't want to talk to you anymore.
Or maybe it makes him look better to PayPal by doing so.
Once it's at the "claim" stage it means that it's beyond the point where
you two talking is going to sort it out. So PayPal now becomes the
mediator/judge/jury. If they believe you (and they should shouldn't
they?) then they can put pressure on this guy, who obviously depends on
staying in PayPal's good graces.
The chances of you getting reimbursed are good if you hang in there.
You might have to return the guitar to the guy though.
Let us know how it turns out.
dave@redstone
<nos...@nowhere.net> wrote:
Thanks, Joey. I'll just sit tight and see what happens.
Stay tuned.
Dave
Slide
fixable. If not, a note from a shop saying it's not fixable.
I had a similar experience. Filed a claim after the seller claimed
'shipping damage'. He finally offered to refund $300.00 of the $400
tab, which I took because I thought (incorrectly) I could get the item
fixed for $300.00.
In all likelyhood PayPal will investigate the claim and you'll get your
money back, but it will be a good idea to have the documents from the
repair shop to quantify the matter.
dave@redstone
>The thing to do is get a quote on fixing the guitar ... if it's
>fixable. If not, a note from a shop saying it's not fixable.
>
>I had a similar experience. Filed a claim after the seller claimed
>'shipping damage'. He finally offered to refund $300.00 of the $400
>tab, which I took because I thought (incorrectly) I could get the item
>fixed for $300.00.
>
>In all likelyhood PayPal will investigate the claim and you'll get your
>money back, but it will be a good idea to have the documents from the
>repair shop to quantify the matter.
>
I'll do that tomorrow. Is that part of the Paypal claim process? I.e.,
to consider repair costs? I figured when the guy declined to even
discuss the issue in any form,a repair discussion was out. But I will
take it to a luthier I know who will give me the straight skinny on
what it will take to fix. I guess the Stew-Mac kit plus the labor is
one option. If I have to keep it, I'd hate to have the fretboard
removed and neck refinned. I'd rather have the original near pristine
finish, if possible.
Thanks, Slide
dave
invisaman75
being shipped!?
dave@redstone
wrote:
>I wonder how anyone could explain a piece of a truss rod breaking while
>being shipped!?
Not to mention how that piece of a truss rod and nut disappers out
from under the sealed truss rod cover?
dave
Slide
with the seller' .... forget that .... it is for the PayPal
investigator, so that they can put a dollar value on the damage.
PayPal asks you to present your case , that's when I"d present this
info. I also asked the repair shop to comment on the 'shipping
damages' claim which they characterized as 'absurd'.
invisaman75
nice guitar otherwise? I always wonder did these guitars have a solid
top?! I saw one awhile back on eBay but did not bid. The seller could
not tell me if the top was solid or not. see link below:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=280002658144
Chickenhead
<dave@redstone> wrote in message
news:328cf2d70lobpgh5c...@4ax.com...
dave@redstone
wrote:
>This is a bad situation but a broken truss rod can be fixed. Is it a
>nice guitar otherwise? I always wonder did these guitars have a solid
>top?! I saw one awhile back on eBay but did not bid. The seller could
>not tell me if the top was solid or not. see link below:
>
>http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=280002658144
>
No, it's a 3 ply spruce top. It's a beautiful guitar, and though I
can't really play it with the 12s I put on, with no truss rod, I think
it sounds really nice. The seller did claim it was solid spruce, but
it's not. Also note that seller has very high perfect feedback. This
was therefore a real shocker for me. See below link.
>> >> http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ih=012&item=220017050939&rd=1&sspagename=STRK%3AMEWN%3AIT&rd=1
My local techs have only replaced truss rods the old fashioned way.
The one I really trust isn't sure that he can do it with the Stew-Mac
kit. I may be on my on unless Joe Glaser in Nashville will do it.
dave
Roger Houston
fraud was involved whatsoever.
I typed in the wrong email address when making the transfer of funds via
PayPal. The actual (incorrect) recipient was most cooperative, immediately
writing to PayPal agreeing that the payment was in error and instructing
that the money be credited back to my account.
Only after several weeks and a barrage of emails from me and from the
incorrect recipient, PayPal credited money back to my account. Not all of
the money, but about 80% of it. They told me that the incorrect recipient
withheld part of the payment.
I knew the incorrect recipient; I correspond with him regularly in a
professional context and I know for a fact that he didn't withhold any of
the payment. PayPal kept part of the payment and lied to me, blaming the
incorrect recipient.
PayPal sucks.