1 ct solitaire Ebay saga update

[Dancing Fire]

Date: 3/17/2006 7:13:26 PM
Author: prc
Hi all. Big surprise - no check in the mailbox. His message dated 3/15/06 said he would overnight the check yesterday. I have now responded back saying that we haven''t received it and asking for the tracking # and when he sent it.

I called B of A when we got the check and they had no banks in our area so BF deposited in his acct. I asked about our bank verifying the funds too and B of A said they don''t verify funds over the phone anymore. BF made a copy of the check so we''d have it for legal purposes that we will likely be pursuing.

Let''s hope we see the check soon but I''m getting even more doubtful than I was before.... didn''t know that was possilble. He sold the ring fto us and then sold it a second time and that buyer has already posted feedback so I don''t know why he wouldn''t have the money to pay us in the first place.

i think if the check is NG (no good) your bank will return the original back to you.

 

[denverappraiser]

Let it bounce. This is not as bad as it sounds and you can''t stop it anyway. Deliberately writing a bad check is a separate offense from all of the ones described above. I don''t know California rules on this but in my state there are triple damages available for this and if the police can prove that it''s malicious they can file criminal charges. Keep copies of all corespondence. He''s building your case. You''re now outside of the restrictions imposed by the BS ebay ''buyer protection'' system because the check was an outside payment. You can now hire a collection agency and they have a pretty bulletproof case, something that wasn''t available before he wrote that check.

In the meantime, prepare yourself for the long haul. You''re being scammed and it may take a while to get restitution.

Neil Beaty
GG(GIA) ISA NAJA
Professional Appraisals in Denver

 

[prc]

New response from seller tonight regarding when check sent and tracking # is:

Told my assistant do it.
I am waiting for his call with the information.
I will post it as soon as I have it.


Pooohhhlease.....

 

[Small]

After the check bounces...assuming it does then the bank will give it back to you. At that time you definitely need to get EBAY and any type of legal authority involved. He is definitely scamming you!
I worked in banking for several years...they don''t just close accounts for someone stealing your bank card. I can''t believe BofA won''t verify funds over the phone...what crap! You''ll be able to get him for the returned item fee so make sure you get that printout from the bank showing the amount they charged you.
What a mess! He''s completely a crook, and I''d definitely be leaving negative feedback regarding all you''ve been through!

 

[aphisiglovessae]

My mother works at a Credit Union and she had a teller almost lose her job because she cost the Credit Union over 4 thousand dollars. Why? She didn't call to verify funds on a check a member wanted to cash. Turns out it was one of those lottery scam checks. She (the teller) ended up getting demoted because they didn't have a policy for that situation, and the member is supposed to be responsible for giving the money back, but she already sent it out to family and friends. The fact that B of A said they don't call to verify funds really scares me because of this.

 

[RockDoc]

Dear PRC

Info on statutes for California relevant to bad checks.

http://ag.ca.gov/consumers/general/badchex.htm

You are entitled to treble damages.

___________________________________

Here is a link outlining a little of my experience with consumer fraud cases in the jewelry industry.

http://www.consumersgemlab.com/about/page4.shtml


On a jewelry industry website, I am have nicknamed " FANG ".

I think the misrepresentation in your dealings with this guy is absolutlely outrageous.

Now that he even has breached the refund agreement you had with him, you really should strongly consider require him to provide you the diamond that he represented he would sell to you. What even makes your case a lot stronger, that even after he was informed that the diamond sent to you was misrepresented, he intentionally and deliberately misrepresented it AGAIN on EBAY.

A good case could be made that his intentional defrauding of consumers in intentional, ongoing, and systematic.

Rockdoc

 

[abbott]

Any more news????? Abbott

 

[portoar]

I''ve been following this thread and am so very sorry you are going through this situation. Please send us an update and let us know if the check cleared . . . even though none of us really expects it to . . . it would be a a nice surprise and welcome relief.

 

[prc]

Hello everyone! Today we received a "starter" check on Bank of the West from the seller sent via overnight mail -- of course not the cashier''s check or money order previously promised.

Here we go again trying to see if this one will clear. Check verification is $1.50 and we have to call a 900 # that we can''t reach from our cell phones. So now we''re going to find a home phone to verify from today or tomorrow - or BF will do it before the check is deposited. Will keep you posted on our progress. He''s now taken 14 days for us to get the refund check which right now is just another piece of paper.

Anyone want to help me write negative feedback for ebay? There''s so much to say and so few characters to say it...

 

[abbott]

The first word, (or second) I think of in regards to your situation is SCAM.... That''s the first word I would use in my negative feedback. ABBOTT

 

[princessv]

What do you mean by ''starter check''? The check isn''t the full amount?

 

[prc]

Hi Abbott - SCAM is very good for the feedback. Also thinking Buyer beware... clarity enhanced... non-disclosure

Hi Princess V - Is that your Maltese dog? I have 2 - Bella & Jules. They''re my sweeties.

What I meant by starter check was that he has handwritten his company name on the top of it -- like the checks you receive when you first open a bank account -- that most places won''t accept because your name and address isn''t printed on the check yet - it''s just blank where that should be. It is for the correct amount he promised.

 

[RockDoc]

PRC

Some initial suggestions.

1. Turbo Pirate
2. Turbo Scammer
3 The worst seller possible

How many characters is allowed in an ebay negative ?

Rockdoc

 

[princessv]

prc: Hehe my dog is a Lhasa Apso...I love Malteses too you''ll have to post pictures of your dogs

Ah well at least it''s for the full amount...sorry my brain is dead tonight I know what starter checks are on any other day

let us know how it goes!

 

[prc]

Hi RockDoc,

Thanks for the advice. Still may be pursuing this further and calling you soon.

80 characters allowed for ebay feedback including spaces & punctuation. Thanks....

 

[prc]

Just looked at the seller''s feedback and it seems that he''s sold the ring yet again in the past week.... ? Possibly a return from the 2nd buyer?

 

[RockDoc]

Rockdoc has a very good "nose" for the practices of these types of sellers. Either it was returned, or he could have claimed it wasn''t sold and relisted it, but given the sleazy practices he does, it could be yet another ring and diamond, with the same description, and probably just as bad as the one you got.

It is guys like this that give "everyone" a bad taste in dealing with industry members that do practice ethically and honestly.

Rockdoc

 

[marvel]

Date: 3/21/2006 6:37:03 PM
Author: prc
Hello everyone! Today we received a 'starter' check on Bank of the West from the seller sent via overnight mail -- of course not the cashier's check or money order previously promised.

Here we go again trying to see if this one will clear. Check verification is $1.50 and we have to call a 900 # that we can't reach from our cell phones. So now we're going to find a home phone to verify from today or tomorrow - or BF will do it before the check is deposited. Will keep you posted on our progress. He's now taken 14 days for us to get the refund check which right now is just another piece of paper.

Anyone want to help me write negative feedback for ebay? There's so much to say and so few characters to say it...

Wasn't he orinally with Bank of America? Now he's with Bank of the West? He switched banks because someone stole his ATM card? The whole thing is odd, but I think you have a legal case if you cash that check and it bounces.

Make sure to put BUYER BEWARE in the negative feedback...POOR COMMUNICATION...ITEM NOT AS DESCRIBED...

 

[Small]

I did buyer beware on my negative feedback with some other choice words. It definitely got the sellers attention lol.
I hope this check clears. Some banks will even place a hold on a check like that since it''s a starter check and they can draw red flags. I really hope you get your money. Call to verify funds for sure no matter if it costs you $5...it''s worth it to have that little piece of mind.
Good luck!

 

[f0rbidden]

I dont'' work in banking, but I do work in payroll - which means dealing with a lot of banks. I''ve never heard of a bank charging to verify funds. that''s a new one! I would suggest that rather than calling the 900#, you call the bank directly - speak with a branch manager - explain the situation, briefly, and then ask them to verify funds. Of course, having said that, I''m sure you already know that funds verification is not a guarantee that the check will clear when presented - but at least you have SOME peace of mind knowing the funds are there right now and that the jerk isn''t sending you bad checks on top of everything else.

I also think - after you get this check cleared! you should report him to eBay, in addition to your negative feedback, for fraudulent activity - let them investigate they guy and maybe zap his selling ability. Why should anyone have to deal with all that you''ve gone through!

I hope this check clears!!!!

 

[Rod]

So sorry to see the saga continues..........

I would advise against posting negative feedback until the funds are cleared and in your account. Once the money is truly yours, you can have a field day with this unscrupulous seller.

Here''s a suggestion for your 80 characters:

STOP. SCAM ARTIST. ITEM MISREPRESENTED. DONT SHOP HERE. NIGHTMARE GETTING REFUND

 

[f0rbidden]

nice, Rod - that would certainly make me stop and reconsider my purchase!!

 

[Rod]

Glad to help.......remember though........don''t post anything until the money''s in your account. Of course if the money doesn''t make it to your account, you''ll need to do more than post negative feedback, you''ll need legal assistance. We''re all crossing our fingers this "nightmare" is soon behind you.

 

[thunkpad]

Why not put something like:

"STOP - BUYER BEWARE! Search for 'ebay saga' on pricescope.com forum for my story"

I make that 80 characters exactly and that way potential purchasers can read the whole story and perhaps get some diamond education at the same time

 

[abbott]

Just wondering if the check cleared?? Been thinking about you and wishing for the best. ABBOTT

 

[prc]

Thanks Abbott and everyone for all your support and words of kindness. We deposited the check yesterday and the bank put a 5 business day hold on it since it''s out of state and a starter check. Still keeping fingers crossed that this one clears. Will let you know as soon as we know something. We will not know anything til next week. BTW, the seller has a fresh new negative.

 

[aphisiglovessae]

He''s also selling a 2 carat solitaire... Wonder how that will turn out??

 

[prc]

I know - 11 min to go at $1730. What a deal!

 

[mrssalvo]

prc- did the cashier''s check you deposited bounce? I just reread denverappraiser post about deliberately writing a bad check and wondered if even with the refund if further action should be taken because he is breaking the law..

 

[prc]

hi mrssalvo! the seller actually sent us a business check that had been deposited a week ago and hadn''t came back as of Thurs which was 7 days. Then Thurs we deposited the new starter business check on another bank that wasn''t the cashier''s check he had promised.