Burned on eBay - beware

[CMeys]

I purchased a PPC-6700 on eBay listed as "New, Unused" but open box. Seller had 100% feedback.

I received it today and tried to activate it. Sprint told me it cannot be activated as it was reported as lost or stolen by a business customer.

I went back to further investigate the eBay seller, and I see he bought the phone there a few weeks ago. When he bought it the auction terms stated "ESN not clear". Obviously he didn't know what that meant so he bought it and when he couldn't activate he went to resell it. However in his auction he didn't mention that the ESN was not clear.

I tried to call him but the phone number listed with eBay is not his. I've emailed him and started a PayPal resolution dispute.

Any other ideas? Thanks.

[Damion Chaplin]

You've gone the right route, and luckily you payed via Paypal. They should be able to facilitate a return or refund. Not much you can do until then...

Sometimes I get results if I just hammer them with 2-5 emails a day. Eventually they'll get tired of seeing me and resove my dispute just to get me out of their hair...

Keep all emails and print out a copy of that original auction he bought the phone off of (the one that said ESN not clear) as well as the auction you were burned on. Wouldn't want them to pass the 60-day mark and irretrievably expire before resolution...

[CMeys]

Thanks. I have printed copies of everything. I'm just a little nervous since the auction didn't specifically stay that the ESN was clear either. I would think that is implied in an auction that states "new, unused" phone though.

[Damion Chaplin]

Yes. If the auction specified "New, Unused," and the phone has been reported stolen or lost by a business, then that alone is enough for the seller to have defaulted on the contract.

[CMeys]

The buyer has agreed to a return and refund and has already started the refund process with PayPal. In PayPal it shows that the refund funds (item cost plus shipping) are "pending" which I guess means awaiting transfer of the money from his bank. I am planning to ship the phone back tomorrow (Monday) -- with tracking info of course.

Is there anything I should be aware of or concerned about with this status?

Thank you.

[rhmorrison]

Don't mail it until the funds are there!

[CMeys]

Yes, I've realized that if there aren't sufficient funds in his bank account, then PayPal cannot transfer them to cover the pending refund. I am waiting for the funds to actually transfer before shipping it back. However, on the eBay discussion boards I have been advised that it is considered proper to ship the item back even before receiving the refund. I think I'll wait at least through today (after all yesterday when the refund was issued was Sunday and probably the bank funds couldn't be transfered) and see what happens. Thank you.

[rhmorrison]

Someone sold you something that he KNOWS was stolen.
If you send it back before receiving the funds then you have no money and no merchandise although legally you would have to give the merchandise over to the police without any monetary compensation.
In other words, when stolen goods are found they are returned to the owner by the police. The person who purchased said stolen good are S.O.L.

[CMeys]

I've been convinced now to wait until the refund is completed before shipping it back and I've advised the seller of that point. I hope it all goes through without a problem.

[CMeys]

Wanted to let everyone here know that the PayPal refund completed and was credit to my purchasing credit card. I have shipped the phone back to the seller.