Expert: Marvinator - 1/13/2007

Question
Hi, I bought a transmission on ebay from a guy in Iowa Park Texas. He sent me an invoice for it with his phone number to arrange pick up. Things fell through for me to pick it up, so we arranged shipping.  I paid him the shipping amount and waited. I bought the item on nov 5, paid on the 8th, paid the shipping on the 16th.  I called him before thanksgiving, he said it went out the monday before thanksgiving. Called again around the 1st of December, he said it came back because it dripped oil, would ship it out within the next week. I called again several times, no answer. finally on the 28th of December, he answered and said that it went out on the 26th of December and he would call me back the next day (29th) and give me the tracking number.  I have not heard a word from him since.  I have his cell phone number, the home number he called me from one night, his email address I sent the payments to, and I believe I have his address that it is supposed to be at.  What can I do?  I am now past the 60 day limit ebay sets.  Thanks

Answer
Continue to call the seller and stay polite. This is the number one thing I can offer you is that you MUST remain polite and professional even if the seller does not.  Each time you call, remind him of your situation and ask for the tracking number and form of shipment. If the seller does not return your call when he says he will, you should call him.  Keep on this.  Even if the dates for Ebay and Paypal have passed, you are still in a transaction for which this seller owes you a transmission.   I once purchased a flute for my daughter which took 6 months for the seller to ship, and in the end she blamed ME for the problems.  

Remember that the seller has your money.  They are paid to ship and they have the shipping fees.  If he has not sent the shipment, and will not offer you a complete refund, you do have recourse.

Police: Call the police in his city and explain that you have purchased an item over the Internet and the seller has kept the money. Be sure they understand that the seller lives in their city and this falls under their jurisdiction.  You can file a fraud report with them.  Having the police show up on the guy's door can kick him into gear if he has not shipped.

Lawyer:  If the amount you paid is worth it, consider having a lawyer write a letter to the seller reminding them of thier transaction and their legal standing.

Post Office; Yes. the Post office.  Ask them about mail fraud in respect to Internet sales. There is a lot of information here.

Lastly, you DO have the guy's address. Re-Consider Arranging to go and get the item.

Keep in mind two salient points:  1) You originally arranged to pick up the item.  Changing your mode of delivery changes the deal and may have affected the seller's good nature.  This is why you need to remain professional and polite in all your dealings with him whether in person, by mail or over the phone.   2) He HAS been paid. If he is not going to ship, he owes you a refund.

Once again, remain polite and professional.  
Oh and one last note.  Ebay allows you 90 days to leave a feedback.  If you have not received the item by the end of January, I'd consider leaving a nicely wordd NEG on the seller's Feedback Rating.  Now, keep in mind, this is a nice final recourse, but it does NOT relieve the seller of the responsibility of getting you your item!   He has been paid, and he needs to get you a full refund or the item regardless of whehter you leave a feedback or not!