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MTBR classified ad transaction gone sour...

1133 Views 9 Replies 6 Participants Last post by  Homebrew
I ordered some mountain bike parts from ad number 94196 in the Mountain Bike Gear section of the MtbReview Classifieds (Other Components): In summary, I ordered parts from this ad, sent money via paypal and have received nothing but vague excuses.

Timeline: We had a couple of emails back and forth to get details, price and descriptions figured out.

--7:18AM, 26 Oct 05. I paypaled him $45 for two new raceface bashguards & shipping. I sent him an email telling him so, requesting parts get mailed out.
--12:15PM, 26 Oct 05. He says he will send out parts as soon as they hit paypal. (What? They hit paypal four hours earlier, with confirmation. Email from me saying "The money is there..." )
--9:38PM, 26 Oct 05. Seller acknowledges funding. Seller reports that the parts "... are actually on my desk in an envelope being sent out tommorrow..."
--Long delay (me working out of town.)
--8 Nov 2005. Follow up from me... Where are the parts? Please contact me, etc... (I really needed parts for that past weekend...)
--6:22PM 8 Nov 2005. Feedback from seller " i am truly sorry, all my accounts were just placed on hold since i just had some fool from the u k try and take me for 5400 and fed ed just released all my packages. i will overnight them thursday morning. tim"
--~8PM, 10 Nov 2005 (Thursday). Follow up from me, asking for shipping tracking number. Please contact me via email or telephone, etc...
--10 Nov 05, I initiated a complaint with Paypal for non-delivery of items. PayPal gives ten days for seller to respond.
--13 Nov 05. Email from me asking for followup.
--17 Nov 05. Email from me asking for followup.
--19 Nov 05. Notification to MTBR forums via classified links that there should be an alert on classified ad # 94196. Not sure what is going on here, but I'd be reluctant to have anyone else order from him. I probably should have done this on the 10th, but I was pretty busy. Apologies to anyone else ripped off from this ad, in this time period.
--21Nov 05. Response from Paypal: " After careful review, we have concluded our investigation of the Buyer Complaint described below. We have decided in your favor, however, we were unable to recover any funds from the seller's account. As stated in the PayPal User Agreement, recovery of funds associated with a Buyer Complaint cannot be guaranteed. We will make our best effort to recover the funds in question if they become available in the seller's account in the future. Please be assured that we will also take appropriate action against the seller's account, which may include limitation of the seller's account privileges."

----------------------------------- Details of Disputed Transaction -----------------------------------
Transaction Date: Oct 26, 2005 Transaction Amount: -$45.00 USD
Your Transaction ID: (available upon request - ZZ)
Seller's Transaction ID: (available upon request - ZZ)
Case Number: (available upon request - ZZ)
Seller's Name: timothy marton
Seller's Email: [email protected]

(One piece of good news... I tried to send the guy more money, $0.01 via paypal to verify that they have shut down the account, and in fact, the transaction was rejected as 'account suspended'...At least this person can't continue to use paypal to scam others.)

Its just possible that the seller is tragically ill or hospitalized in a coma, and has not seen his email in weeks and weeks, but I really don't know. Maybe he is out of country at remote job site for 30 days. Heck, it's even possible that he shipped the items and they got lost in shipping.... But... I certainly don't have the items. He doesn't answer emails from me anymore. I do not have a telephone number for him, but I have given him my number on more than multiple occasions.

Does anybody know this guy? My suspicion is that this is just some not-very-responsible dumb young kid (like the one's I have at home!?) who has the merchandise, but is too lazy to ship it, or it really isn't as advertised. I've seen from other postings that he rides at Stewart airfield in New York. Anybody by chance know his ebay listing name??

How long after paying for item on paypal would you expect shipment... I figure five to seven days maximum is acceptable, no longer.

The problem for me is, I really needed the parts, and couldn't wait. I bought a bash guard from someone else, so at least one bike is okay. I'll accept the parts at the price already paid, but I'd really rather have my money back now.

What would you do here? Look up address, phone number and follow up that way? File theft claim with local police department? This one really irritates me. I really don't respect irresponsible behavior.

thanks,
zipzit.

extract of ad:

FOR SALE: random parts-cheap

Page Views: 624
Expires On: 11/22/2005

Ad Information
Category: Other Components
Ad Number: 94196
Date Posted: 10/23/2005
Size:
Price: varies
Product Condition: Good

Text of Ad
i have a number of shimano shifters for sale in used but not bad shape for the following prices:

deore shifters 2 pairs available $15 each
lx shifters 1 pairs available $20 each
xt shifters 3 pairs available $25 each
deore rear der 1 available $20 each
raceface bashguard fits 4 bolt
32 tooth- brand new $20 each
black xt/mavic 317 wheelset $100 set
blue fizek nisene saddle $15
42 tooth 4 bolt big rings all truvativ or lx
6 available $10 each
5 bolt blue tooth fairy guard fits up to 42 tooth
1 available $15
used wellgo 813 clipless pedal no cleats $5 pair
easton ea50 stem 120mm length with 0 degree rise 2 available 10 each
Seller Information
Name: tim marton

Street Address:

City: marlboro

State/Province: New York

Zip/Postal Code: 12542

Country: usa

Telephone Number:

E-Mail Address: [email protected]
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1 - 10 of 10 Posts
I think if there's a charge to put ads in mtbr's classifieds, there should be a mandatory protection program or escrow account system put in place.
File a report with his local police department and the Post Office Inspector General (mail fraud). Maybe a visit from the police and/or an armed Postal Inspector will convice him to ship the goods.
That sucks

I just sent a guy 425 dollars for a used Bullit frame...I have heard nothing from him since the 16th of November. I am feeling like I may have gotten scammed, but will wait a day or two more before I contact anyone else. I have emailed the guy about 4 times with no reply. I am going to my bank in the morning to see if they can stop payment on the check...or at least see if the clown cashed it. Is there anything else I can do?
Don't know if this helps, but when this add was posted i was looking for shifters, and i think i emailed this guy and asked if he had any 8 speed shifters, he replied and said he did not. I think it was the same guy i will see if i can find my email.

couldn't find my email but i am positive it was the same guy. Not to defend him because he definately needs to refund your money or send the items, but may not so much of a scam as he screwed up somehow. Seems that he would have tried to scam me also when i asked about the 8 speed shifters. Hope it works out for you.
Hitman said:
Don't know if this helps, but when this add was posted i was looking for shifters, and i think i emailed this guy and asked if he had any 8 speed shifters, he replied and said he did not. I think it was the same guy i will see if i can find my email.

couldn't find my email but i am positive it was the same guy. Not to defend him because he definately needs to refund your money or send the items, but may not so much of a scam as he screwed up somehow. Seems that he would have tried to scam me also when i asked about the 8 speed shifters. Hope it works out for you.
Are you referring to the person that intiated this thread?
Joe Dirt said:
Are you referring to the person that intiated this thread?
I belive he is, he said he is was asking about shifters.
I was referring to the add that was listed, i recognized the list of items. I responded to the add also and was told by the seller he did not have any eight speed shifters. I just thought it was interesting that he did not try to swindle me.
Hitman said:
I was referring to the add that was listed, i recognized the list of items. I responded to the add also and was told by the seller he did not have any eight speed shifters. I just thought it was interesting that he did not try to swindle me.
With the nature of the ad, I would agree. I think this is just a person who is too lazy or too busy to box up and ship product.... but it is inexcusable to let it go this long, without effective communications, by either telephone or email.

Homebrew said:
File a report with his local police department and the Post Office Inspector General (mail fraud). Maybe a visit from the police and/or an armed Postal Inspector will convice him to ship the goods.
Local police... we'll see what they say. As for the Post Office Inspector General, I don't know how I'd have a single chance there. Original ad came from MTBR.com (all on web, electronic.) Payment went via paypal, again electronic media. The U.S. mail system had nothing to do with this transaction. Am I missing something here?

Anyother ideas here? thanks in advance,
Zipzit.
zipzit said:
As for the Post Office Inspector General, I don't know how I'd have a single chance there. Original ad came from MTBR.com (all on web, electronic.) Payment went via paypal, again electronic media. The U.S. mail system had nothing to do with this transaction. Am I missing something here?
Almost all e-commerce is covered by Postal regulations since you have to ship it, doesn't matter whether it's UPS, FedEx or USPS. If someone takes money for something that was supposed to be shipped and fails to deliver the goods, it's mail fraud. Here's the complaint form:

https://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm

No idea as to whether they will follow up, but it won't hurt to make a claim.
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