SSS: NEED ebay advice

[_=DeltaForce=_]

I sold this laptop for $1500 and the buyer received it on 4/5. She leaves a positive feedback saying the laptop is working fine and also sents me an email saying everything is working fine. BTW this is the Toshiba Qosmio
After two days she sends me a email saying that the laptop fan is spinning loud when watching movies and recording with TV tuner. I asked toshiba rep and they told me if its a intense media application of muti-tasking, the fan is going to spin fast according the CPU work load. I have played with several Qosmio's and like other laptops when you use media center and record tv, the fan spins a little fast and loud.
She also sent me an email saying that she paid a lot for my laptop and wants $400 compensation for that. I know the laptop worked fine when I shipped it. I told her that the laptop was insured and she doesnt want to me to do the claim but give her $400 for losing time and uneasiness?? She told me that she is going to get Toshiba fix it but still wants $400..

Couple of phrases from her email

"ANYWAY, I AM THINKING MY DECISION TO PURCHASE IT WAS REGRETABLE.
ACTUALLY,I PAID TOO MUCH MONEY TO YOUR LAPTOP. I'M VERY RESONABLE PERSON.
I'M ALSO A GOOD EBAYER. I BELIEVE YOU'RE ALSO A GOOD AND RESONABLE MAN.
ABOVE ALL, I SEND TO EBAY A GOOD FEEDBACK FOR YOU. YOUR SHIPPING &
COMMUNICATION WAS EXCELLENT TO ME. MY FIRST CONCERN IS RETURNING IT TO YOU
AS SOON AS POSSIBLE, AND TAKE REFUNDS MY MONEY IF YOU AGREE. YOU DON'T LIKE
MY FIRST COCERN; I GIVE TO YOU ANOTHER IDEA FOR RESONABLE SOLUTION. IT IS
YOU PARTIALLY REFUND TO ME $ 400 USD. "

" I hope to take refund money for compensation, although it is less than $ 400 USD. To fix it by Toshiba is next step for me. Never say warranty again. It is my job after solving this affair. "

I told her that she told me by email everything was working fine and she also left me a positive feedback that everything works fine. I sent her the receipt and she paid exactly $400 more than the receipt price. She really doesnt want to return but ONLY want the $400. I told her, we can do insurance claim or I will pay you the costs to fix it through toshiba. But she only wants $400.

Can someone please advice on how to solve this?

[Itsme]

I am an ebay fan, have 500+ sales of things. However, a year or so ago they went to this policy of allowing buyers to files claims for refunds via PayPal, and now the seller's protection is just about gone....it is all buyer protection.

What I am now seeing is that if the buyer is unhappy in any way and files a claim via PayPal, they just about automatically side with the buyer and give hime (take from your PayPal account) a refund. All the explanations you provide PayPal to support your side of the discussion are basically ignored.

I know that is not an answer to your question, but be prepared for such an occurance.

[oblongmelon]

I sold this laptop for $1500 and the buyer received it on 4/5. She leaves a positive feedback saying the laptop is working fine and also sents me an email saying everything is working fine. BTW this is the Toshiba Qosmio
After two days she sends me a email saying that the laptop fan is spinning loud when watching movies and recording with TV tuner. I asked toshiba rep and they told me if its a intense media application of muti-tasking, the fan is going to spin fast according the CPU work load. I have played with several Qosmio's and like other laptops when you use media center and record tv, the fan spins a little fast and loud.
She also sent me an email saying that she paid a lot for my laptop and wants $400 compensation for that. I know the laptop worked fine when I shipped it. I told her that the laptop was insured and she doesnt want to me to do the claim but give her $400 for losing time and uneasiness?? She told me that she is going to get Toshiba fix it but still wants $400..

Couple of phrases from her email

"ANYWAY, I AM THINKING MY DECISION TO PURCHASE IT WAS REGRETABLE.
ACTUALLY,I PAID TOO MUCH MONEY TO YOUR LAPTOP. I'M VERY RESONABLE PERSON.
I'M ALSO A GOOD EBAYER. I BELIEVE YOU'RE ALSO A GOOD AND RESONABLE MAN.
ABOVE ALL, I SEND TO EBAY A GOOD FEEDBACK FOR YOU. YOUR SHIPPING &
COMMUNICATION WAS EXCELLENT TO ME. MY FIRST CONCERN IS RETURNING IT TO YOU
AS SOON AS POSSIBLE, AND TAKE REFUNDS MY MONEY IF YOU AGREE. YOU DON'T LIKE
MY FIRST COCERN; I GIVE TO YOU ANOTHER IDEA FOR RESONABLE SOLUTION. IT IS
YOU PARTIALLY REFUND TO ME $ 400 USD. "

" I hope to take refund money for compensation, although it is less than $ 400 USD. To fix it by Toshiba is next step for me. Never say warranty again. It is my job after solving this affair. "

I told her that she told me by email everything was working fine and she also left me a positive feedback that everything works fine. I sent her the receipt and she paid exactly $400 more than the receipt price. She really doesnt want to return but ONLY want the $400. I told her, we can do insurance claim or I will pay you the costs to fix it through toshiba. But she only wants $400.

Can someone please advice on how to solve this?
I wouldn't return sh*t. Hey..it's EBAY, not STAPLES, NOT CIRCUIT CITY..you get what you pay for..she sent you an email telling you everything was cool..that's your proof right there that she was HAPPY with the laptop when she received it. I HATE paypal and won't use it. I always request money orders..and will only participate in auctions that use money orders in return. If I were you, I'd take all the money you have OUT of paypal before she has a chance to send a claim through them. You posted an auction, she paid, you got your money and she got her laptop ..END OF STORY..unless you posted a return policy for it..it stands..as is..AUCTION ENDED. If she keeps harrassing you about it, turn her into EBAY..better yet, go to the Live Help area of Ebay and talk to an Ebay rep about what you should do. Too bad if she's disappointed that she spent too much..DIDN'T SHE NOTE THIS WHEN SHE HIT THE "SEND" BUTTON on her BID? comeon..don't feel bad..I wouldn't return a thing. Just keep the emails she sent you as proof that she got the laptop and was happy with it.

[Paniolo]

What a scammer.......she sounds like just another one of those many Litigious-minded Losers out there!:thumbdown

[_=DeltaForce=_]

If she is firm on returning the laptop, I can understand that it was defective or damaged but she is trying to get $400 for some BS excuse.

I think she is feeling bad because she paid more than what I paid on the sales receipt and is trying to get $400 out of me. I mean come on the laptop retails for 2k and thats the price it goes on ebay. No one forced her to buy my item. If she doesnt get that, She would probally do a chargeback and paypal is going to go nuts.

This is the email she sent me

" HELLO, THANKS FOR YOUR KINDNESS. I CHECKED YOUR REFUND TO MY MASTER CARD ACCOUNT. ALMOST LAPTOP IS WORKING WELL, BUT WIRELESS NETWORKING FUNCTION IS NOT WELL. LITTLE BIT SLOW, SOMETIME FROZEN. ANYWAY, I DON’T WANT TO GIVE UP. THANKS. "

I replied that the wireless worked fine over here and something is messed up with her network. I offered her support for the wireless fix and told her to call toshiba.

I know the wireless works fine because I was streaming videos, music and updated the whole computer using wireless. I am a tech too and I bought this laptop for my mom but mom thought it was a little big for her (17' inch screen). I checked everything when I got the laptop. She is just making lame excuses. The funny thing is that she doesnt want me to do the insurance claim.

I sent her the receipt and so she can claim warranty. But as soon as she saw how much I paid, she freaked out and is asking for the difference with some lame excuse.

I asked her if she if covering the vents.. This is what she tells me " And you asked me laptop in bed when I am watching the movie covering the vents. I don’t want lose time that kind of discuss. "

[speedracer120]

Looks like someone should've used $1400 to learn some proper grammar and attempt to gain a better mastery of English instead of spending that kind of dough to spend time in bed with a laptop. :rolleyes: One of the reasons I try to stay away from eBay. The dimwits.

[Daedalus]

Blow that gypsy byatch off. I swear the same person is sending out those scammer cars-for-sale emails. "It is my sincere hope that we may come to mutual satisfaction throughout the consumated transaction of said Ferrari for USD 10,000." I agree with previous post; take all the money out of our paypal account and any linked bank accounts too. There should also be a way to ask your bank to deny paypal any access to your account.

[MJordanash]

I say you've done quite enough to help the situation. Scammers will never be satisfied.

[verve247]

1. Never become tech support for your customers.

2. Never tell your customer how much you spent. A line or two of a sharpie could have prevented this.


You have written proof that she wants to return it because she spent too much money. Thats a ridiculous request. I would send 1 last email stating how you will not comply and all sales are final.

[DarkFury]

Honestly, I've been a buyer in a situation where I recieved a product that needed warranty repair upon my reciept. I didn't ask the person for my money back... however I did have him file the "insurance claim" and he sent me the money from the settlement which I used to pay the service to repair it.

At this point, I'd only give her one option... file an insurance claim for the item, have it inspected and based on the settlement of the claim, refund only the amount that the insurance claim says will take to fix the product (if there is damage).

I WOULD NOT renegotiate the selling price. That contract is already a done deal. She's already admitted that the unit worked fine upon reciept. For all you know, she could have dropped it on the ground or something. Let the service department take a look at it and settle it. She wouldn't be getting $400 from me (unless that is the amount the insurance company deemed the price of the fix.)

Just my opinion... and I've bought over 100 items on Ebay. Other than that... she can go "manually pleasure" herself. :D

[_=DeltaForce=_]

well I sent the receipt for warranty purpose to show the date incase if the manufacturer asks for it. I never send the receipt for any transaction. I asked ebay and paypal and they told me to do the insurance claim. She would not agree on the insurance claim. I think she is just trying to scam me. I am actually a powerseller and a squaretrade seal member. I told her, if she wants me to do the claim, I will be glad to do that. Its almost 24hrs and she hasnt replied to my email. She usually responds in 3-4hrs. I even paid for the customs even though I said that I am not responsible for customs in canada. I should leave a negative feedback for her for being a Pain in the Ass customer!

If she files a paypal claim, under what cause would she win that??

[brainsmile]

I'd tell her that you will take it back and return her money to her minus a re-stocking fee of $400

[Sirrich3]

I agree with Oblongmelon!!

[_=DeltaForce=_]

Serious Problem.. she sent me an email today saying

" You are kidding me now. I don’t want to spend time anymore. I will send your laptop next Week. I don’ t mind your claim your laptop problem to UPS or insurance. Thanks."

[ufcrusher]

***THIS IS NOT LEGAL ADVICE, IF YOU WANT LEGAL ADVICE CONTACT A LAWYER IN YOUR AREA***

Just refuse the return...unless you have some legal obligation to take back the laptop that you made during the sale or as part of your status on the board, there is nothing she can do. You are not a retailer, auctions are as-is.

If it comes to it: You have the proof that she said the laptop worked fine when she received it and is now suffering from buyers remorse. Its a free market economy, you can sell it for more than you paid so your receipt that you provided doesnt bolster her claims.

If it were me, I would rattle off a simple letter stating the facts that you have proof of her satisfaction, the fact that you are not a retailer, and all auctions are as-is and you have no obligation to take accept returns. Then state that the law is on your side. If you feel so inclined, offer one last time to do the insurance stuff.

[Daedalus]

If she files a paypal claim, under what cause would she win that??

The horror stories I've read about suggest it isn't a matter of "win". Paypal has frozen peoples' accounts while things were being investigated, locking up the funds for who-knows-how-long. They are slow and unresponsive, and finding a phone number that works is darn near impossible. Just what I've read.

www.paypalsucks.com

Besides that, you *shouldn't* have anything to worry about. By bidding, she entered into a legally binding contract to purchase the item you listed. You held up your end of the contract. Unless you misrepresented the item, I doubt you're obligated to even read her emails.

[_=DeltaForce=_]

lol this is getting a little nasty

" Who can compensate losing time and uneasiness because of it? You wear my shoes; you can’t accept that kind of explanation. "

wtf is she thinking..

[TofuNinja]

she's not I'm with ufcrusher here....

[ramazank2]

Would you mind posting your ebay link to the item?

[_=DeltaForce=_]

I dont want to post a link where it shows the buyer's identity, Someone might send her a nasty email. But if you still want it, PM me..

[sizemic1]

I would just completely ignore her and refuse the package if/when it shows up.

[kgsilvas]

Reject the return if she tries that! I would e-mail her one last time with ufcrusher's suggestion:


***THIS IS NOT LEGAL ADVICE, IF YOU WANT LEGAL ADVICE CONTACT A LAWYER IN YOUR AREA***...If it were me, I would rattle off a simple letter stating the facts that you have proof of her satisfaction, the fact that you are not a retailer, and all auctions are as-is and you have no obligation to take accept returns. Then state that the law is on your side. If you feel so inclined, offer one last time to do the insurance stuff.

I also reviewed the ebay listing for your notebook. Your information was accurate and you delivered what you promised.

This doesn't look like it was purchased on a whim by her, based on the bids presented. She's probably just a whack job. Good luck!

[Markel]

Or, offer to take the return if she will accept a refund of $100 less than the selling price as a "restocking fee".

[_=DeltaForce=_]

Paypal fees alone was $65. Plus I paid for shipping, cutoms and not to mention ebay fees..

[sizemic1]

Seriously..don't sweat her anymore. If she gives you bad feedback, just respond that you have ### number of positive feedback and this lady is a nutcase. I would still purchase from you if I saw that.

[_=DeltaForce=_]

Actually after she told me that she received it and everything works fine, I requested her to leave a positive feedback. She left me a positive feedback. Its my turn to leave feedback. I am not scared of her anymore but paypal is a stupid and you never what will happen incase of chargeback...

[oblongmelon]

Why are you even continuing on with this A-hole? So she's just going to send your laptop back? And think that you're going to give her her money back? BWHAHAHAHAH..yeh, let her send the laptop..consider it a gift and then resell it. Do you think she's going to obtain 'legal" help to get her money refunded? It would cost her more than the damn auction! You have gone out of you way to accomodate her..imagine if she sends the laptop back, and you open it and it's not even your laptop but some damaged mutant freak of a geekbox, with no OS, or anything else..possibly opened up and RAM removed..yeh, that's something "I" would take back in a heartbeat-not. I'm tellin ya, take your $$$ out of paypal and just deal with money orders from now on..much safer..and you avoid the nuts. Ps. Did you do what I suggested and talk to the Live Help on Ebay? THEY will be able to tell you what to do to get this NOrman Gates Babe off your case.

[_=DeltaForce=_]

I asked ebay live help, they were like you are a powerseler and you should be able to make decision. I was like I know what to do but I am asking what ebay suggests. She kept telling me that I should make the decision.

[speedracer120]

That's so that you won't sue them if they rule in her favor. I swear, people could make a killing on eBay dispute resolutions.

[oblongmelon]

I asked ebay live help, they were like you are a powerseler and you should be able to make decision. I was like I know what to do but I am asking what ebay suggests. She kept telling me that I should make the decision.

well it doesn't hurt to try again-get a different person..you know, also, there are forums on there with real time chat on it-I had a problem with the last auction I had (with the seller)..and those people in real time are SHARKS!..they are out for blood and totally for scammers that's for sure..they gave me a ton of advice which I took and eventually resolved the matter. You can see if someone has advice for you there..or just stop responding to the womans' emails, letters, threats, or what have you..if she sends you back the laptop-without your consent, then who is the stupid one for sending it? Not you-you did your part..(just make sure you check it for anthrax..lol)

[DarkFury]

I asked ebay live help, they were like you are a powerseler and you should be able to make decision. I was like I know what to do but I am asking what ebay suggests. She kept telling me that I should make the decision.
The cards are in front of you....

Pretty much at this point... if it is worrying you that much, why don't you consult legal counsel on this issue... especially if you have some free/reduced rate access to legal counsel.

Personally, don't let her push you around. The current proof and evidence is currently in your favor. She has a bad case of "buyers remorse" and that does not hold you out as a "breach of contract" in this case. But please... let legal counsel advise you on that (plus you have UF's unofficial opinion up there as well.)

[_=DeltaForce=_]

I asked paypal about her possible chargeback and they told me " Your buyer if they filed a claim would be filing for not as described, which is based more on how you presented the item in your auction. Your buyer does not have a strong case." I cleared the $$ out of paypal incase she does anything funny, I am ready to fight it out. She is getting the worst negative feedback. Thanks for all your support and help!!!!

[modena]

this type of thing happened to me, when they sent the laptop back, i keep it. I then sent an email saying I recieved the laptop, and the sale was final. If they wanted it returned to them, I would send it back for the shipping and handling fee listed in the auction, plus $20 for time and gas. My mother, who is a lawyer, advised me in the matter and I was in the right doing as such. They buyer made a huge fuss, as one can imagine. I simply stated that I would not be responding to further emails so if I did not recieve either the money for shipping and what not or an email from them saying that they were preparing to send the money, I would consider the auction and dialogue finished within 48 hours. I did as such, got an email or two saying I was frauding them, and at the 48 hour mark I simply added them to my spam list. I then relisted the merchandise.

Bottom line, they are trying to scam you. Why put up with it or 'help' them further? Would you help any other type of criminal, say someone that holds up a convience store???

And I had the same uneasy feeling in my stomach that you probably now have over the whole thing and what to do....

Oh yea, in closing, you could just have a fellow gotapexer just come to your house and 'take' the laptop package off of your doorstep. Just kidding.

[RacerXh22a]

The case is definitely in your favor.

But let me ask you; do you have a bank account linked to your paypal account? If so, I believe paypal can just do a negative withdraw and then you are stuck with the negative balance and overdraft fees.

[thekidrocks]

Defintely take away any link between PayPal and your bank. I opened a seperate checking account just for PayPal in the event something went wrong for me as a seller in FeeBay.

Seriously, eBay is going to the dogs fast. I've been there since 1997, have a FB of over 2500... 100% positive, as I bust my butt for the buyer. Yet so help me, when I sell what I have to clear out - I'm outta there. Between the stellar high fees, weird-o buyers, PITA sellers and no profit... it's not worth it.

[zero2dash]

CAVEAT EMPTOR

She bought it for the sale price, contractually paying for it. The contract between her and you is complete; she bid on it and paid and you delivered the item that was listed in the auction that she bid on and won.

Do you think those idiots that paid $700 for an Xbox 360 BOX would get a refund? I think not. You get what you pay for - eBay's TOS strictly says to pay attention to what you bid on and be aware of the entire description of the auction; it's not like you sent her a DOA laptop.

If she emails you one more time, send her a reply saying the auction is closed and so is your contract to her - you got your money and she got the computer. If she's too stupid to realize that all laptop fans spin faster during intensive stuff - then she should've bought a desktop. Tell her to buy one of those notebook cooler pads for $30 if she doesn't like the extra fan noise.

Seriously - don't let this person screw you over. She has no case against you. :nono:
She wouldn't get away with buying a computer at Best Buy and coming back 2 weeks later to say "I saw a Dell online for sale for $400 cheaper, so I want my $400 back" and actually *get it*. No case whatsoever...especially since she left you a positive already and there's nothing wrong with the laptop, correct? This woman's an idiot. (There's one born every minute...)

[_=DeltaForce=_]

lol she is threatning me now.. eye for an eye?? I left her a negative feedback...

" You made worst report for me. I try keep your laptop until today. OK. You want eye to eye. I also can do it. " << LOL

[cheapie]

:heh: that's awesome. eye to eye? bwahahahaha!

[_=DeltaForce=_]

Case Closed! I win

" OK, I'DONT WANT TO MAKE ANY BLOOD BETWEEN YOU AND ME. UNFORTUNATELY, THIS LAPTOP STILL MADE KNOCKING SOUND OCCASINALLY. BUT I AGREE TO YOUR SUGGESTIONS ON LAST SUNDAY MAIL OF APRIL 9, 2006. "

[modena]

you should have written back, "blood has been spilt, and i will not rest til i see your lifeless body before me"

[Daedalus]

ROFL! Involve the clans! Make it a feud!

Anyone else think "she" isn't a she?

[MJordanash]

you should have written back, "blood has been spilt, and i will not rest til i see your lifeless body before me"
:lmfao: :splat: