Classic eBay story!

[earlywynnfan]

Re: Classic eBay story!

I, too, would like his email or ebay handle.

Thanks, Ken
earlywynnfan5@hotmail.com

[Spiezio23]

Re: Classic eBay story!

I maight be posting some bats up there shortly, please send me this persons user id so I can avoid the headache. Thank You.

jeremy_421@yahoo.com

[Jags Fan Dan]

Re: Classic eBay story! IT GETS BETTER

Had a run in with the same guy and for all of your enjoyment I attach the exhange I had with him below. Complete with a threat of federal lawsuit for not selling him a 9.99 bat. Frankly I don't know why I played it out as long as I did. At the end of the day he ended up buying several bats and paid a fair price for shipping. Stupidly I did not act quickly enough to block him from bidding on my other items.
The inexcusible thing was that I put the terms of shipping in caps in the listing. I leave to you to describe his conduct. Being an attorney I had a good laugh at the ending stuff. I have put this in chronological order.


-----Original Message-----
From: *****************
To: soxbats@aol.com
Sent: Fri, 3 Oct 2008 5:52 pm
Subject: Re: Item #150298402182 - Notification of an Instant Payment Received
Please advise actual shipping cost via Usps priority mail in their free mail cardboard box. I get these from all over the US daily and price ranges from $4 to $7. I sent you $8. Please send out ASAP. Thanks!
************************************************** ***********************
On Fri, Oct 3, 2008 at 7:23 PM, <soxbats@aol.com> wrote:
sorry, the listing was not for actual shipping, it was for shipping and handling. I have to pay someone to put together, stuff and take to the post office. That is why the listing clearly stated in the actual description what the shipping and handling cost was. If you are not willing to pay the shipping and handling listed in the ad, less the $2.00 discount I was willing to give, then we can simply mutually cancel the transaction. In the future, please raise these issues before purchasing.
Thank you and have a nice day.
************************************************** ***********************
-----Original Message-----
From: ***************
To: <soxbats@aol.com>
Sent: Fri, 3 Oct 2008 10:32 pm
Subject: Re: Item #150298402182 - Notification of an Instant Payment Received

A contract is a contract, if you like I will report you to ebay as you have now broken two key policies.. breach of contract and excessive shipping. Ebay allows sellers to charge actual shipping. Send this item out ASAP.
************************************************** ***********************
On Fri, Oct 3, 2008 at 11:02 PM, <soxbats@aol.com> wrote:

First, you began this by disregarding my original invoice and listing. If you had an issue with the shipping I wish you would simply have raised it from the outset. Instead you modified the invoice sent to you by ebay to lower the shipping charge without even discussing the issue. I try to avoid this issue by listing the charge in CAPITAL LETTERS in the listing.
Further, you have misstated the rule at ebay. It does not say that you are only to charge actual shipping costs, it states that you can charge "Handling Fee: Actual packaging materials costs may be charged. A handling fee in addition to actual shipping cost may be charged if it is not excessive." If you go to ebay and look at the shipping and handling charges for game used bats you will see that they range from $8.75 to $25 for shipping USPS priority, which I also do with delivery confirmation.

The charge of $12 is not excessive and I stand by it.
I have never ever had a negative feedback on ebay since 1997 and I have sold and purchased hundreds of bats and other items. I have paid shipping and handling of this amount (and more) and consider it to be an industry standard charge. Indeed, when you list the bat, ebay tells you if your charge is above what is normally charged for this type of item,

If you refuse to pay and feel like you need to raise this with ebay that is certainly your right, but I will not be bullied.

Further, I will take whatever action is necessary to preserve my pristine ebay feedback score.
************************************************** ***********************
-----Original Message-----
From: ***************
To: soxbats@aol.com
Sent: Sat, 4 Oct 2008 4:31 pm
Subject: Re: Item #150298402182 - Notification of an Instant Payment Received

Sounds like you want a lose - lose scenario:
I can provide your with your losses now if you desire
1) Breach of contract with the courts
2) Negative feedback
3) Opening a formal complaint with ebay regarding refusal to sell seller
4) Opening a formal complaint for your excessive shipping charges - when this item just needs to be put in a free usps priority mail box and shipped for 4-7$.
Your choice sounds like you have selected the lose - lose strategy. Please confirm and I will immediately start the 4 processes above.

************************************************** ************************
On Sat, Oct 4, 2008 at 5:17 PM, <soxbats@aol.com> wrote:
Sorry I will not be threatened by your rude and aggressive comments. Again, had you wanted to assert this position you could, and should, have done so before the auction ended and not after.

First go ahead and open a court case, I am familiar with the courts and it will cost me nothing to defend myself. I will insist that the matter occur in Pennsylvania.

Second, as you start that process do a little bit of research on what consitutes a breach of contract. There must be a meeting of the minds between the two parties. You were told what the price of shipping and handling was explicitly IN CAPITAL LETTERS in the description and by bidding you agreed to pay that price of shipping and handling. I never agreed that shipping and handling would be merely the cost of your postage. Therefore the only "contract" that exists is your agreement to pay $12 for shipping and handling on the bat.

Third, the rule that you repeatedly invoke regarding excessive shipping and handling is meant to prevent sellers from avoiding ebay fees by charging excessive shipping for which ebay does not get paid. It does not in any way prohibit reasonable charges for handling.
Fourth, a review of my shipping charges, which include delivery confirmation, demonstrate they are well within the norm charged by numerous others on ebay for USPS and that will be compelling evidence of their appropriateness.

Finally, go ahead and report this to ebay, I would welcome a rational and reasoned response to this matter rather than your repeated threatening emails. If you want the bat you have purchased from me you will pay the shipping and handling that I proposed in an earlier email which was $10 plus whatever you want in insurance. If not, then I will report you for failing to pay the amount identified in the auction. As an aside, I think your position is absolutely rediculous as it boils down to a $10 bat and a couple of dollars in handling.

Have a nice day.

************************************************** *****************************
-----Original Message-----
From: ******************
To: soxbats@aol.com
Sent: Sat, 4 Oct 2008 11:29 pm
Subject: Re: Item #150298402182 - Notification of an Instant Payment Received

you will be the 3rd person I take to court for this issue. I have 2-2 and expect to be 3-3. My lawyer is very talented and we have done all cases in federal court, as this case is interstate commerce and will not be heard in VA or PA courts. We will file in Richmond or DC and you will be forced to come here. We will seek all court costs and all lawyer fees. Last case this was well over 10,000, in addition I will be seeking punitive damages of 250 per day for non performance. The judge or jury seated will determine the final value of this, when the case is concluded. See you in court in a few months.

************************************************** *****************************
From Me:
Interesting. Please provide me with your attorney's name and the federal civil action numbers for the cases that you have allegedly brought. Given that the jusisdictional minimum for any case brought in federal court is $75,000 I am having difficulty imagining how your very talented lawyer was able to pull that off.

Also, I question whether punitive damages of $250 per day will be appropriate when you have refused to pay the additioanl $4 dollars to receive the bat. Again, this is not a refusal to sell, it is your refusal to pay. Just so we are clear, when you pay the $19.99, and the money has cleared, you will received the bat.

How about you start with the first of many threats you have made and bring this to the attention of ebay as a seller dispute so that you can expalin to them why you failed to contact me to discuss the shipping and handling that was WRITTEN IN CAPITAL LETTERS IN THE DESCRIPTION OF THE ITEM before you bought it. Particularly after I reduced the charge from $12 to $10 as an accomodation despite your first threatening email.

Finally, my offer to have us both walk away from the transaction is still open. Given how much frustration and anger this is apprently causing you, I suggest that we just go this route.

Have a great day.

Yep, that's the guy. What a classic exchange. $250 per day for not selling him a $10 bat? What jury in the land wouldn't find in his favor?? LOL! He really is something else.

[sylbry]

Re: Classic eBay story!

How do you block a seller on ebay? This guy will be my first.

[Jags Fan Dan]

Re: Classic eBay story!

Do a search under help for "block bidder". It will provide a link that will take you to your block bidder page.

[Jags Fan Dan]

Re: Classic eBay story!

Well, just when I thought this was done, I get a message today from him wondering where his bats are. Remember, I refunded his money in full two Mondays ago. I guess I will be getting a couple of negative feedbacks out of this after all.

[halofan]

Re: Classic eBay story!

Dan, sorry you had to deal with that. Could you please email me his ebay id so I can block him? Thanks!

Billy
Halofan1527@yahoo.com

[markize]

Re: Classic eBay story!

i would like his ebay id too, but i am wondering why not just post it here in black and white......the guy seems like a total dope so why protect him, and send emails to everyone who requests it? it's not like this is an allegation, it's fact.

mark
sirfuzzy@comcast.net

[cigarman44]

Re: Classic eBay story!

i would like his ebay id too, but i am wondering why not just post it here in black and white......the guy seems like a total dope so why protect him, and send emails to everyone who requests it? it's not like this is an allegation, it's fact.

mark
sirfuzzy@comcast.net

Amen! I was just thinking the same thing. If your gonna go through all the trouble to email every single person that ask for it, save yourself time and post the douche's name here so we all can avoid him. Why do him any favors?

[Jags Fan Dan]

Re: Classic eBay story!

I'm not trying to protect this guy, just trying to protect myself.

[b.heagy]

Re: Classic eBay story!

search the posted email. item number will give you your answer.

[Jags Fan Dan]

Re: Classic eBay story!

search the posted email. item number will give you your answer.

Good call!

[sylbry]

Re: Classic eBay story!

Check out the neg this seller has. It's your boy. Same problem too.

http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=manica71&ftab=AllFeedback&item=110309443331&iid=110309443331&sspagename=STRK:MEWA:SFS&frm=1883

[sylbry]

Re: Classic eBay story!

For that matter.

http://toolhaus.org/cgi-bin/negs?User=electsmith&Dirn=Left+by&ref=home

[b.heagy]

Re: Classic eBay story!

someone should send this guy a link to this thread. if this guy gets blocked from enough auctions maybe he will become a more reasonable buyer to deal with.