I'm Out $358... Effective Recourse for Deadbeat Ebay Merchants?

[Snowdog]

I've never had issues buying or selling on Ebay before, but I think I've just been scammed. 

A few months ago, my long-lived computer died.  My wife is taking some correspondence classes for her nursing degree, so she needs convenient access to a computer and internet.

On the 27th of January, I bought a reconditioned Compaq Presario with decent specs off Ebay for $358.  I was somewhat aloof as the seller had a feedback of 88%, though his reply to the negative feedback seemed justifiable.
I chose the "Buy it now" route as I was fairly confident the price was fair and I was (and still am) in a rush for the PC.  As always, I also paid using PayPal within 5 minutes of the auction closing. 

The next day I get an email from the guy saying the PC is backordered and the approximate date of delivery is not known.  An option for a refund is listed and being in a hurry to receive a PC, I chose this option.  Days went by without a confirmation of my request, so I email the guy with no response.  Over two weeks and 5 unanswered emails later, I am absolutely frustrated. I have the fellow's Email, physical address and telephone number.  I know the number is accurate as I called once and spoke to the seller on the phone. He assured me he would issue a refund (which never came).
I've sent him one last email in which I issued him a deadline to replace the funds, after which I would consider the premise of the transaction fraudulent which would be pursued accordingly.

So what kind of ammunition do I have against this possible thief if he chooses to keep the money AND the computer?
I know I can file a complaint with PayPal and Ebay, but I doubt either will be effective in turning the screws to pressure this fellow to return the money.  Is there legal measures I can opt for outside Ebay and PayPal?
I'm willing to go the extra mile to get the funds back; if for nothing more than the principle of it (thieves make me ill).

Thanks in advance,

(frustrated) Snowdog

[Nick1911]

I've used paypal to resolve complaints.  They have a process for this sort of thing, I would use that route first.

-Nick

[280plus]

At some point I imagine you (or EBAY) can have the seller arrested for fraud but that won't necessarily get you your money back. 

Too many flakes on EBAY these days, they really ruin a good thing., with the exception of it's various wierd policies of course.

Interesting sidenote. For several years now I have received emails from the feds concerning one guy I bought some baseball cards from once. Apparently he was doing something illegal on EBAY, I can't recall exactly what it was. They sent regular letters (by email) to his buyers concerning his conviction, imprisonment and subsequent release to a halfway house. Mug shots and all. You do have the option to cancel receiving the letters but I never did. So, even if you did get scammed, he'll pay in the long run.

[mtnbkr]

Try paypal first, then go to your credit card company.  The one time I contested a paypal charge via paypal, I got my money back.  It was slow, but I got it back in the end. 

This is one of the reasons I never do biz on ebay with anyone who has less than a 98% feedback rating (unless they have a low feedback and it's obvious the 1 or 2 negs weren't justifiable).  There are just too many people selling the same thing on that site to deal with the poorly rated ones.

Chris

[Declaration Day]

If Ebay or Paypal don't back you up, your credit card company should.

For $400 or so you could have walked into a Best Buy or Sam's Club and bought a budget computer tower that would have easily suited your wife's needs.

To each his own, but stories like yours are why I still prefer to shop in a store, know who I'm buying from, and be able to inspect and take home what I purchased, immediately.  I also have someone I can physically interact with if there are any problems.

It saves a lot of potential hassle / problems.

Good luck!

[MechAg94]

Yes, cheap store brand computers are very cheap these days.  No reason to buy builds or used unless you want something more specialized.

[Headless Thompson Gunner]

The Paypal dispute process is highly skewed in favor of the buyer.  They'll get you your money back regardless of the circumstances.

I've been screwed by the Paypal dispute process as a seller.  I sold an item and delivered it as promised.  The buyer decided he didn't want the item anymore, so he literally kicked it around across his garage floor for a while and damaged it beyond repair.  Then he whined to Paypal about the item not being in working order like I said it was.  Paypal took the payment out of my account and gave it back to him, no questions asked.

If my buyer can get his money back from Paypal, surely you can to.

[Manedwolf]

Yes, cheap store brand computers are very cheap these days.  No reason to buy builds or used unless you want something more specialized.

Except those tend to be completely lowest-bidder parts, and it's a miracle if the under-wattage power supply doesn't burn out within a year or so. They also tend to include nastiness like crappy "on-motherboard video" and the like.

I tend to use Macs, but I'm also aware that two machines with the same specs, one of good parts and one of "cheap box PC" parts, will vary wildly in actual performance.

[crt360]

I've been screwed by the Paypal dispute process as a seller.  I sold an item and delivered it as promised.  The buyer decided he didn't want the item anymore, so he literally kicked it around across his garage floor for a while and damaged it beyond repair.  Then he whined to Paypal about the item not being in working order like I said it was.  Paypal took the payment out of my account and gave it back to him, no questions asked.

Headless, that sucks.  I think I'd have been tempted to kick the buyer around across his garage floor for a while.

[Target Farget]

sue him for fraud its your only recorse and its what im having to do

[Gewehr98]

Don't be so sure about that.

The Paypal dispute process is highly skewed in favor of the buyer.  They'll get you your money back regardless of the circumstances.

I sell items and will only deliver them USPS Priority Mail with insurance and delivery confirmation.  I learned the hard way that if you don't, you suffer.

Regardless of my cautions, I shipped an item to a buyer and he claimed he never received it.  Of course, I ran the USPS delivery confirmation number through the USPS website, and it showed "item delivered". 

I cooperated with the buyer and gave him all the info, suggesting that maybe PayPal would help him out.  PayPal contacted me looking for specifics, so I scanned in the shipping receipt, insurance receipt, and delivery confirmation receipt.

After two weeks, PayPal closed the dispute, telling the buyer he was basically SOL.  PayPal didn't come after me for any fees or reimbursements.  I summarize that the USPS will mark "item delivered" simply if left on the individual's doorstep.  If you want to really make sure they get their items, you'd best request a signature for the item shipped.   

[Manedwolf]

For higher priced items I've sold, I've used more established payment methods, namely Western Union, with FedEx delivering.

In this case, it was a rare 1930's Soviet photo magazine (that I found for $1 at a yard sale!) for $1000 to a gallery in London, they paid FedEx with full insurance.

[Art Eatman]

I"ll use VISA for orders from such as Amazon.com.  For all others, it's Postal Money Orders.  If it's any sort of scam, the postal inspectors have no sense of humor when it comes to mail fraud--which is a federal felony.

If for whatever reason the would-be seller won't take a PMO, hey, sayonara, boy-san...

Art

[Headless Thompson Gunner]

I've been screwed by the Paypal dispute process as a seller.  I sold an item and delivered it as promised.  The buyer decided he didn't want the item anymore, so he literally kicked it around across his garage floor for a while and damaged it beyond repair.  Then he whined to Paypal about the item not being in working order like I said it was.  Paypal took the payment out of my account and gave it back to him, no questions asked.

Headless, that sucks.  I think I'd have been tempted to kick the buyer around across his garage floor for a while.

I wanted to, but the buyer was in Canada.  It wouldn't have been worth the effort to go visit him.