Dealing with unscrupulous eBayers across the border

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Posted By: Jeff S

Hi there,

I've seen many posts here covering the things one can do to deal with a bad eBay seller. What if the seller is in Canada? Anything different?

Here's the deal: I bought a couple of lots (~$400 and ~$100, respectively) from a dealer in Ontario with reasonably solid feedback. After he received my second money order, he e-mailed to let me know he had already sent the first. I emailed a couple of weeks later as nothing had shown up yet, but I did confirm with him that he had sent both.

Now it's two months later, nothing has arrived. About a month ago, he said he would be checking with the post office, as he had insured and put tracking on both packages. He'd let me know what was up.

Yeah, right. Now he isn't responding at all.

At this point, I'd probably put in a call to his local police (as a couple of you have reported such success with that tactic). Any words of advice on doing something similar with someone north of the border? Anything in particular I should be prepared to prove... I know you guys can help me out here.

Thank you so much.

Jeff

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Posted By: hankron

The sincere threat of legal action works wonders. This can include reporting him to the better business bureau, contacting the agency that gives him his business license, taking him to small claims court, reporting him to the feds for mail fraud, etc.

1) Always make sure you are right first. 2) Keep as many records as you can, including damning emails from the seller. 3) Tell him what you are going to do, and tell you him will stop the moment you get a refund. 4) You will likely get a refund.

"There are two types of people. Those who haven't messed with me, and those who wished the hadn't."

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Posted By: Hal Lewis

MAX is our Canadian legal guru ... so maybe he can help.

After all ... "They always get their man!"

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Posted By: RCMP

Hal,

That's Dudley Do Max.

Jeff S,

As far as ebay is concerned they don't have to do anything because the time limit has expired. Never, Never, Never - let the time limit expire for ebay purchases that provide you recourse in the event that the seller sends you nothing. Once the time limit expires ebay will do NOTHING, NADA, ZIP. Same goes for paypal.

Something else you can do is post the sellers name to warn the rest of us about this dealer and if anything else you just might impact his future business by warning others about his shady tactics. Of course, if the seller shows due dilligence then let us all know.

I've had my share of crap from north of the border, but to be fair, I've had my share of crap from within my own borders.

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Posted By: Max Weder

Since my tax appeal case settled today, I thought I could offer comments in an area I don't practice in.

My first thought is: phone the seller. Perhaps you have done this, but on a phone call, it is easier for you to determine whether his story holds water. Get the insurance and tracking number from him. While it seems unlikely that Canada Post lost both packages, it could happen. Packages can be delayed at Customs, both Canada and US, if inspected, and improper declaration forms have been made (I have noted the importance of being accurate on these declarations in other threads, and if they are not, this can be a very real delay in cross-border shipments) I would say at least ten per cent of my purchases are held for inspection coming north, and I suspect the figure is similar going south.

My only comment on the going to the police is that in most provinces (and I presume Ontario), you cannot use the threat of going to the police to extract the refund from another contracting party. Given these facts so far, I suspect any police department would show next to zero interest, unless additional facts can be established.

As for the RCMP and Dudley, in Ontario, I think it would be the Ontario Provincial Police or the local particular city police which would deal with such a problem.

You can have recourse to Ontario Small Claims court to try and obtain recovery, but your costs and time will no doubt exceed the amounts involved.

Also, I hate to tell Hal, but the RCMP only wear their red tunics for ceremonial occasions. However, two blocks from my office, they have a Disney-run store which sells souvenirs of their officially licensed products. Hal, when you come to Vancouver, I'll be sure to take you there, so you can start another collecting area, and keep away from baseball books

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Posted By: Tom Boblitt

I work for UPS and have dealt with US-->Canada and vice versa operations for years. U.S. Customs only inspects about 2% of the inbound volume into the U.S. for pretty much all modes--including ocean freight (which is particularly disturbing in regards to terrorism). Do you have a specific broker you work with on Canadian side? Is it that you could be experiencing brokerage delays, not actual Customs delays? I find it hard that they could actually inspect 10% of the inbound volume unless they have huge amounts of inspectors.

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Posted By: Max Weder

Tom

Hal would no doubt say that my 10% estimate versus 2% actual is my billing versus my productivity ratio.

I concur that your estimate is no doubt more accurate. My over-estimation must have resulted from the enormous number of cross-border purchases I make, at least in my spouse's assessment. Or maybe it's just the types of purchases I make that warrant greater scrutiny.

Max

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Posted By: Jeff S

...both publicly and privately.

I get the feeling the guy I'm dealing with is jerking me around, but I'll eventually lose my temper and a little hair, and get my item anyway.

Here's what he wrote today (finally -- note we're pushing two months after he acknowledged receipt of payment)

Hi Jeff,

I just returned home after being out of town for 2 weeks to find this email and also a torn up dinged box with your [item] in it. It liked like it had went through a warzone. Thankfully the cards were not harmed. The portion of the box with your address on it was somehow ripped off but my return address was still intact in the corner.

This is now the third time that I have had a package returned to me like this from WI.

What I'm going to do is courier ship these so I know exactly where they are and that the delivers' are reliable.

I'll try to get them out today.

Sheesh.