I bid on this computer.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702
I was outbid. The winner contacted me and told me he accidentally put in an
extra 0 and I should have won. He could not really afford it. He said he
would pay the difference from my bid to his bid to the seller and I could
have the computer for what my bid would have been. I said fine, the seller
agreed and I sent a company business check to the seller. Now there's been
no contact and no response to my emails since the check was cashed 10 days
ago. He said he would tell me when he received the check and because of my
good feedback he'd send the computer right away. He's ignoring me, I have
read receipts from all the emails I've sent him with his IP address. I've
sent emails asking for his phone number, asking why he won't reply to me,
threatening him with legal action, he's replied to none although he's read
the emails. What should I do and how should I handle this. I have his
complete mailing address and the cashed check.

Thanks..Alan


--
A J Excavation, septic, sewer and water Complete Site work
Licensed in Rhode Island and Mass. RI Lic 1268, RI Designer D1114,
Bottomless sand filter system installer, Bonded drainlayer in RI and MA.
http://www.ajbackhoe.com

"AJ Excavation" <ajbackhoe@cox.net> wrote in message
news:Z9K%a.4222$Go4.2979@lakeread01... I bid on this computer. http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702

A good starting point is the Trust and Safety Discussion Board at eBay.

Follow the 'Community' link. Click on 'Discussion Boards', then 'Trust and
Safety'. Those people will be able to help you out.

HTH

Roy

AJ Excavation wrote:>>
I bid on this computer. http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702 I was outbid. The winner contacted me and told me he accidentally put in an extra 0 and I should have won. He could not really afford it. He said he would pay the difference from my bid to his bid to the seller and I could have the computer for what my bid would have been. I said fine, the seller agreed and I sent a company business check to the seller. Now there's been no contact and no response to my emails since the check was cashed 10 days ago. He said he would tell me when he received the check and because of my good feedback he'd send the computer right away. He's ignoring me, I have read receipts from all the emails I've sent him with his IP address. I've sent emails asking for his phone number, asking why he won't reply to me, threatening him with legal action, he's replied to none although he's read the emails. What should I do and how should I handle this. I have his complete mailing address and the cashed check.
Thanks..Alan

Legal advice comes from hiring an attorney. This is a discussion group
concerning legal matters.

Which is why I don't bid on online auctions. You pay and get nothing.
As with any transaction, you have legal recourse. As you have the cancelled
check, that is proof enough that the person took your money. Theft. However,
he can always say you gave him the money.
Question is though, has he actually received the computer from the original
bidder?
Perhaps he was selling you the winning bid, in which case you could try
contacting the original seller and find out what the status is on the
computer itself.
If the seller says no payment was made to him, you can assume the winning
bidder is committing a fraud.

You'd probably have to contact your local small claims courts and find out
if they have jurisdiction over the case or not. If not, you could file theft
and fraud charges against the person, perhaps even through the United States
Postal Service. But wait another week before going ahead with any legal
action against him.

"AJ Excavation" <ajbackhoe@cox.net> wrote in
news:Z9K%a.4222$Go4.2979@lakeread01:
I bid on this computer. http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702 I was outbid. The winner contacted me and told me he accidentally put in an extra 0 and I should have won. He could not really afford it. He said he would pay the difference from my bid to his bid to the seller and I could have the computer for what my bid would have been. I said fine, the seller agreed and I sent a company business check to the seller. Now there's been no contact and no response to my emails since the check was cashed 10 days ago. He said he would tell me when he received the check and because of my good feedback he'd send the computer right away. He's ignoring me, I have read receipts from all the emails I've sent him with his IP address. I've sent emails asking for his phone number, asking why he won't reply to me, threatening him with legal action, he's replied to none although he's read the emails. What should I do and how should I handle this. I have his complete mailing address and the cashed check. Thanks..Alan

He's contracted to sell you the computer for the price of your bid. He's
made an accord and satisfaction (as soon as the check comes from the
other bidder) with the original bidder. You have performed, and his
performance is due.

It doesn't appear that anything has made his performance conditional upon
the original bidder's performance. It looks like he thinks that he
doesn't have to send you the computer until the other bidder sends a
check.

I would write him (on paper) and ask him if that is what he thinks. I
would tell him that that is incorrect; he must send the computer to you
now. Tell him you are formally demanding assurances of performance, and
that failure to perform or provide an assurance will be considered a
repudiation by him.

Find out if your state's long-arm statute will allow the appropriate
court in your state to have jurisdiction over your claim. If it doesn't,
and it is impractical to sue him in his own state, your recourse may lie
with a criminal complaint.

On Sun, 17 Aug 2003 08:03:04 -0400, "AJ Excavation"
<ajbackhoe@cox.net> wrote:
I bid on this computer.http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702I was outbid. The winner contacted me and told me he accidentally put in anextra 0 and I should have won.

An extra 0?

You bid $550...he bid $560. Where's the extra 0?

BTW...as far as I can tell...the seller has sold only watches to date.
You bought a computer from a guy that has sold 15 watches?
He could not really afford it. He said hewould pay the difference from my bid to his bid to the seller and I couldhave the computer for what my bid would have been.

The difference being $10.
I said fine, the selleragreed

By email?...by phone?...by registered letter?
and I sent a company business check to the seller. Now there's beenno contact and no response to my emails since the check was cashed 10 daysago. He said he would tell me when he received the check and because of mygood feedback he'd send the computer right away. He's ignoring me, I haveread receipts from all the emails I've sent him with his IP address. I'vesent emails asking for his phone number, asking why he won't reply to me,threatening him with legal action, he's replied to none although he's readthe emails.

You have no way of knowing whether or not he's read the emails. All
you know for sure is that the emails have been received by his mail
server and dumped into his computer.
What should I do and how should I handle this. I have hiscomplete mailing address and the cashed check.

Send him a certified letter.

In the meantime, I'd do the other folks a favor...and post a negative
feedback. Make sure you stress that he has NEVER sold a computer
before. All of a sudden, though, he has a lot of high-priced items
for sale! lol

Its amazing. You've done pretty much everything incorrectly with this
transaction. Since you are a businessman, this kinda amazes me.

Anyway...good luck.



Hope ya'll had a nice weekend...

Gus

Help keep down the world population...have your partner
spayed or neutered !

On Sun, 17 Aug 2003 09:06:53 -0500, "Richard" <anom@anom> wrote:
AJ Excavation wrote:>> I bid on this computer. http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702 I was outbid. The winner contacted me and told me he accidentally put in an extra 0 and I should have won. He could not really afford it. He said he would pay the difference from my bid to his bid to the seller and I could have the computer for what my bid would have been. I said fine, the seller agreed and I sent a company business check to the seller. Now there's been no contact and no response to my emails since the check was cashed 10 days ago. He said he would tell me when he received the check and because of my good feedback he'd send the computer right away. He's ignoring me, I have read receipts from all the emails I've sent him with his IP address. I've sent emails asking for his phone number, asking why he won't reply to me, threatening him with legal action, he's replied to none although he's read the emails. What should I do and how should I handle this. I have his complete mailing address and the cashed check. Thanks..AlanLegal advice comes from hiring an attorney. This is a discussion groupconcerning legal matters.Which is why I don't bid on online auctions. You pay and get nothing.As with any transaction, you have legal recourse. As you have the cancelledcheck, that is proof enough that the person took your money. Theft. However,he can always say you gave him the money.Question is though, has he actually received the computer from the originalbidder?Perhaps he was selling you the winning bid, in which case you could trycontacting the original seller and find out what the status is on thecomputer itself.If the seller says no payment was made to him, you can assume the winningbidder is committing a fraud.You'd probably have to contact your local small claims courts and find outif they have jurisdiction over the case or not. If not, you could file theftand fraud charges against the person, perhaps even through the United StatesPostal Service. But wait another week before going ahead with any legalaction against him.

I think you need to reread the post.



Hope ya'll have a nice weekend...

Gus

Help keep down the world population...have your partner
spayed or neutered !

Gus the guys top bid should have been 510.00 that's all he wanted to spend,
he put in 5100.00. He sent me the eBay confirmation and it said 5110.00.

--
A J Excavation, septic, sewer and water Complete Site work
Licensed in Rhode Island and Mass. RI Lic 1268, RI Designer D1114,
Bottomless sand filter system installer, Bonded drainlayer in RI and MA.
http://www.ajbackhoe.com
"Gus" <gusaufdenkinder@hotmail.com> wrote in message
news:7n60kvgsdhb9rj62iobefjbrlkfh033isu@4ax.com... On Sun, 17 Aug 2003 08:03:04 -0400, "AJ Excavation" <ajbackhoe@cox.net> wrote:I bid on this computer.http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702I was outbid. The winner contacted me and told me he accidentally put in
anextra 0 and I should have won. An extra 0? You bid $550...he bid $560. Where's the extra 0? BTW...as far as I can tell...the seller has sold only watches to date. You bought a computer from a guy that has sold 15 watches? He could not really afford it. He said hewould pay the difference from my bid to his bid to the seller and I couldhave the computer for what my bid would have been. The difference being $10. I said fine, the selleragreed By email?...by phone?...by registered letter?and I sent a company business check to the seller. Now there's beenno contact and no response to my emails since the check was cashed 10
daysago. He said he would tell me when he received the check and because of
mygood feedback he'd send the computer right away. He's ignoring me, I haveread receipts from all the emails I've sent him with his IP address. I'vesent emails asking for his phone number, asking why he won't reply to me,threatening him with legal action, he's replied to none although he's
readthe emails. You have no way of knowing whether or not he's read the emails. All you know for sure is that the emails have been received by his mail server and dumped into his computer. What should I do and how should I handle this. I have hiscomplete mailing address and the cashed check. Send him a certified letter. In the meantime, I'd do the other folks a favor...and post a negative feedback. Make sure you stress that he has NEVER sold a computer before. All of a sudden, though, he has a lot of high-priced items for sale! lol Its amazing. You've done pretty much everything incorrectly with this transaction. Since you are a businessman, this kinda amazes me. Anyway...good luck. Hope ya'll had a nice weekend... Gus Help keep down the world population...have your partner spayed or neutered !

I do know he's read the emails, visit confirmax.com and get your own hidden
email receipts.


--
A J Excavation, septic, sewer and water Complete Site work
Licensed in Rhode Island and Mass. RI Lic 1268, RI Designer D1114,
Bottomless sand filter system installer, Bonded drainlayer in RI and MA.
http://www.ajbackhoe.com
"Gus" <gusaufdenkinder@hotmail.com> wrote in message
news:7n60kvgsdhb9rj62iobefjbrlkfh033isu@4ax.com... On Sun, 17 Aug 2003 08:03:04 -0400, "AJ Excavation" <ajbackhoe@cox.net> wrote:I bid on this computer.http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2742960702I was outbid. The winner contacted me and told me he accidentally put in
anextra 0 and I should have won. An extra 0? You bid $550...he bid $560. Where's the extra 0? BTW...as far as I can tell...the seller has sold only watches to date. You bought a computer from a guy that has sold 15 watches? He could not really afford it. He said hewould pay the difference from my bid to his bid to the seller and I couldhave the computer for what my bid would have been. The difference being $10. I said fine, the selleragreed By email?...by phone?...by registered letter?and I sent a company business check to the seller. Now there's beenno contact and no response to my emails since the check was cashed 10
daysago. He said he would tell me when he received the check and because of
mygood feedback he'd send the computer right away. He's ignoring me, I haveread receipts from all the emails I've sent him with his IP address. I'vesent emails asking for his phone number, asking why he won't reply to me,threatening him with legal action, he's replied to none although he's
readthe emails. You have no way of knowing whether or not he's read the emails. All you know for sure is that the emails have been received by his mail server and dumped into his computer. What should I do and how should I handle this. I have hiscomplete mailing address and the cashed check. Send him a certified letter. In the meantime, I'd do the other folks a favor...and post a negative feedback. Make sure you stress that he has NEVER sold a computer before. All of a sudden, though, he has a lot of high-priced items for sale! lol Its amazing. You've done pretty much everything incorrectly with this transaction. Since you are a businessman, this kinda amazes me. Anyway...good luck. Hope ya'll had a nice weekend... Gus Help keep down the world population...have your partner spayed or neutered !

"AJ Excavation" <ajbackhoe@cox.net> wrote in message
news:Js10b.6228$Go4.2815@lakeread01... Gus the guys top bid should have been 510.00 that's all he wanted to
spend, he put in 5100.00. He sent me the eBay confirmation and it said 5110.00.


According to the info on the bid history
(http://cgi6.ebay.com/aw-cgi/eBayISAPI.dll?ViewBids&item=2742960702 ), he
only bid $10.00 more than you did and he bid that 51 seconds before the end
of the auction.

The last bid was 560.02.

Roy

Proxy bidding is automatic, it only had to be 10.00 more for him to win, it
would not show a bid of 5100.0 unless I bid 5090.00. Proxy bidding is done
behind the scenes.

--
A J Excavation, septic, sewer and water Complete Site work
Licensed in Rhode Island and Mass. RI Lic 1268, RI Designer D1114,
Bottomless sand filter system installer, Bonded drainlayer in RI and MA.
http://www.ajbackhoe.com
"roy" <royhandy@hotmail.com> wrote in message
news:V%10b.5596$N37.3228@nwrdny02.gnilink.net... "AJ Excavation" <ajbackhoe@cox.net> wrote in message news:Js10b.6228$Go4.2815@lakeread01... Gus the guys top bid should have been 510.00 that's all he wanted to spend, he put in 5100.00. He sent me the eBay confirmation and it said 5110.00. According to the info on the bid history (http://cgi6.ebay.com/aw-cgi/eBayISAPI.dll?ViewBids&item=2742960702 ), he only bid $10.00 more than you did and he bid that 51 seconds before the
end of the auction. The last bid was 560.02. Roy

They're probably a "team" or the seller's other ID. If you wanna get back at
him, create another ID, then bid on all his auctions, then leave him negative
feedback about how he swindled you. I see that he has several laptops up for
auction. You'd be doing the bidders a favor.



U.S.A. "Go West Young Men..."

Mexico "El Norte Hombre..."

"AJ Excavation" <ajbackhoe@cox.net> wrote in message
news:3C20b.6292$Go4.4514@lakeread01... Proxy bidding is automatic, it only had to be 10.00 more for him to win,
it would not show a bid of 5100.0 unless I bid 5090.00. Proxy bidding is done behind the scenes.

I think I see what happened. You bid $550. The other bidder had intended
to bid a maximum of $510 but accidentally bid a maximum of $5100. You
agreed that he would pay the ten dollar difference and you would pay the
$550. The seller agreed to this and you haven't seen your new PC even
though your check was cashed.

Has the original bidder sent his ten dollars to the seller? If not, then I
suppose the sale hasn't been completed yet. Pull the seller's contact info
and call him or her. If the contact information is incorrect contact eBay
and law enforcement immediately.

This sort of stinks of shill bidding in an effort to get the price up. As I
mentioned before, the folks in the Trust and Safety forum at ebay might be
able to help you out with this. They are very, very sharp. You might, as
has already been mentioned, want to consider using PayPal in the future.
You can cancel your payment through them or through your credit card company
if the deal goes sour.

Roy

On Mon, 18 Aug 2003 21:26:03 GMT, George Mealer
<geo@snarksoft.invalid> wrote:
Gus <gusaufdenkinder@hotmail.com> wrote innews:e5k1kvo1obaigu22q31mk1on1i06dmgkb0@4ax.com: You need to find out how ebay works. AFAIK, what you said above is exactly correct. So there could NEVER be a bid of $5100. And if it was a proxy bid, there could NEVER be an error...as he suggested that there was.No, that's incorrect. The winning bidder could have entered $5100 as hismax bid. The eBay proxy bidding system would keep matching other peoples'bids + $10 up until it hit $5100. His final bid would still show up as$560 (or whatever).Geo

I meant in this particular case, George. There would never be a final
bid of $5100...since, with proxy bidding, he won the bid at $560.

Your explanation is indeed correct also.

But just look at the bidding progression. The bid price was WELL
beyond where even $510 would have been a legitimate bid...even with
the 0 error. I don't think the $560 was a mistake at all.

I think omni looked things over after the auction...realized the
risk...and came out with a way to back out. Or, he's working with the
seller.

My final take on this.



Hope ya'll have a nice week...

Gus

Help keep down the world population...have your partner
spayed or neutered !