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Thread started 27 Oct 2011 (Thursday) 21:52
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My Strange Ebay Tale (Or: How I currently have a free Rebel XSi and Sigma 17-70mm)

 
SimplyShane
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Oct 27, 2011 21:52 |  #1
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Well folks, about 5 months ago I purchased a Canon Rebel XSi from Ebay along with a Sigma 17-70mm lens.

Unfortunately, the seller's lens exhibited some back-focus, especially at wider focal lengths.
(17mm was particularly bad at close range. It failed to hit focus every single time.)

Anyway, I told the seller about this and he would absolutely NOT allow me to return the camera or the lens. In fact, he even threatened me with legal action. (Lmao! :lol:)
Needless to say, Ebay eventually got involved and I won the dispute.

Now, curiously enough, the seller had two addresses listed on his Ebay account: One in Germany and one in New York, where his items had originally shipped from. Though the seller demanded that I return them to Germany and incur a huge shipping fee, Ebay gave me permission to send it back to his NY address, as the fees required to send it to Germany were obviously absurd. Unfortunately, the seller either refused the package upon its arrival or had someone else do it on his behalf, as it was eventually sent back to me via USPS.

As a result of all this hassle, Ebay made the decision to refund me directly from his Paypal account.
Thinking that this would strongly incourage him to get in contact with me about a return, I waited for a few weeks in anticipation of his reply.

I never received one.

Nearly two months went by and I had yet to hear from him. Eventually, I decided to call Ebay once more to get their opinion on all that had transpired. The represenative I spoke with said that I was, at this point, NOT RESPONSIBLE for sending his camera to Germany or anywhere else outside the United States.
If he was personally unwilling or unable to accept the package in New York, that was HIS PROBLEM, not mine. Staggered by this, I inquired as to what I should do with the equipment now that I have it in my posession. She personally recommended that I sell it and donate the proceeds to charity. :lol: (Not a bad idea though, in all seriousness...)

Anyway, I informed the seller of this conversation and he was STILL adamant that I return the equipment to Germany.

*Facepalm* What an idiot. I have his money AND his equipment, yet he apparently doesn't care?!?! I mean honestly, at this point why didn't he just suck it up and pay for the shipping? Heck, I may have even been nice and paid for half...

But no. As it currently stands, he's out $531 dollars and I'm sitting on free camera equipment.

What the hell? :lol: Does anybody out there have any thoughts on this? I haven't used his equipment since uncovering the problems with the lens. Heck, I haven't even taken it out of its packaging. *shakes head*

Crazy, crazy, crazy.


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7D_Sniper
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Oct 27, 2011 21:59 |  #2

Sounds like you did all you can do to get his equipment back to him. I would guess he has 30 days to claim his possessions or forfeit his rights to the equipment. Now take what I said with a grain of salt I am no lawyer or do I know your state laws or NY's state laws regarding abandoned property.

Edit: Also do not send it to Germany it is not your responsibility to send it anywhere other than where you purchased it.


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SimplyShane
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Oct 27, 2011 22:05 |  #3
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I want to return this camera! Honestly, I do.

However, sticking me up for a $50-60 dollar shipping fee is BS.


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7D_Sniper
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Oct 27, 2011 22:10 |  #4

It sounds as if you have done your part. If you are concerned with legal ramifications I would contact my local law enforcement or a property attorney and just simply ask them what your legal rights are. Assuming you are not in NY and the item crossed a state line it becomes a Federal issue so I would ask with that in mind. Donate the equipment to a poor college kid, or a high school photography class. But I would seek some advice from someone who knows what they are talking about before it leaves your possession.


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jrbdmb
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Oct 27, 2011 23:40 |  #5

I would hold on to the camera and lens for now. If the seller suddenly decides he wants it shipped to NY and you no longer have it you *may* lose your money. Don't sell it or give it away just yet ...


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spb
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Oct 27, 2011 23:42 |  #6

7D_Sniper wrote in post #13318315 (external link)
...local law enforcement or a property attorney ...item crossed a state line ... Federal issue

^^ imho this is a little excessive. I would just go with the ebay rules.


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Soda-Pop
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Oct 27, 2011 23:44 |  #7

Screw that guy! he's obviously an idiot. Id keep it of i were you even if it does seem abit naughty ;)
And its not like you did anything wrong. Ebay did the right thing, now its all on that guy. So really, hes giving it to you in a sense.


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7D_Sniper
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Oct 27, 2011 23:56 |  #8

spb wrote in post #13318737 (external link)
^^ imho this is a little excessive. I would just go with the ebay rules.

it wouldn't be excessive if the original seller filed charges against the OP for stealing his/her property. If you find out from a legal stand point if you can sell/give away his/her property then you have no worries.

eBay doesn't trump the law, sorry


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Justaddwata
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Oct 28, 2011 02:24 |  #9

I have encountered situations where e-bay/paypal sided with me (the buyer) in transactions where the item shipped was not as described. With correspondence to support the fact that the seller was unwilling to make good on the ordered product I received a full refund from Paypal and never being required to return the item.
Nice when it works in your favor but does make me more hesitant as a seller if you dont get an honest buyer.


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isoMorphic
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Oct 28, 2011 02:57 |  #10

I would check that NY address to see what it is.

Almost sounds as if the guy might be an overseas carder using a drop shipper of sorts.




  
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iazybandit
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Oct 28, 2011 09:57 |  #11

You purchased 5 months ago? I say, stop emailing him if it seems he doesn't want his stuff back or serious about it. Hold onto it for another month and see what happens. 6 months after auctions end, it is no longer your problem. You have proof that it was disputed and have eBay and shipping proof.

If he takes legal action, he really has no case. You sent back, it was denied. You did everything you could.

You never know. The camera could be stolen and to him, he didn't gain anything or lose anything. But this is worse case scenario.


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rick_reno
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Oct 28, 2011 10:04 |  #12

Try sending a letter to the German address, explaining you really want to return these items but find the shipping charges to Germany ridiculous.




  
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13inches
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Oct 28, 2011 11:32 as a reply to  @ iazybandit's post |  #13

If you really want to send it back, send it to Germany. But make the seller pay for the shipping (like the buyer would have had to do in the original transaction.

Seems straightforward to me.


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drocpsu
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Oct 28, 2011 11:47 |  #14

7D_Sniper wrote in post #13318792 (external link)
it wouldn't be excessive if the original seller filed charges against the OP for stealing his/her property. If you find out from a legal stand point if you can sell/give away his/her property then you have no worries.

eBay doesn't trump the law, sorry

would he really be able to file charges for theft of his property if the OP shows that he shipped it back to the seller's address (despite the fact that it got returned)? Seems like that one would get rejected pretty quickly to me.

I think you've done all you can do. I'd hold onto it a bit longer before doing with it as you wish.


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sonnyc
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Oct 28, 2011 12:45 |  #15

There maybe a thread some where on some forum about a guy stating that a buyer from ebay tried to scam him and Ebay didn't do anything about and and stood on the buyer's side. :D j/k


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My Strange Ebay Tale (Or: How I currently have a free Rebel XSi and Sigma 17-70mm)
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