Can I Vent????
Nancy
Posted 2015-02-27 3:20 PM (#507077)
Subject: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
It does appear that I am not going to have to find an Ovation and case to use for practice repairs and a case for a holder.

I just received the 1976 Patriot that I bought off ebay this week (not the one from Boston that I am waiting until Spring to get, but another I found in good shape for a good price), I had already bid on it, and THEN the guy posts that he took it outside in the Chicago cold to do some recording, and it now had cracks. Ok, I am thinking I can still have an everyday Patriot to play everyday, everyone says that they sound Incredible! So I didn't try to break my contract of my bid.

The guitar just arrived.... NO BOX!!!! A couple of Fragile Stickers on the old brown case, and my Address!!!! I am so mad I could spit (if I knew how)!!! One of the closure buckles is broken, and there was a good gap into the case, and there are cracks through the case. Water from snow is leaking out onto my counter, and I am absolutely afraid to open it. I would never believe in my wildest dreams that a so called Seasoned Guitar Player (I could understand a Goodwill or Pawn Shop) would not pack this Limited Edition in a secure and safe box!!!! He called it his Baby in the ad...

I took pictures and have put them in my album to see, I am still going to wait several hours before opening it, hoping against hope that somehow, it made it through this ordeal in some semblance of it's former glory. I am so danged mad, I could do bodily damage to that not so smart man (Idiot)(Please understand that I am NOT using such mild language here at home, just being nice on the Forum!)!! UGH!!!!!!

Edited by naellis58 2015-02-27 3:28 PM




(OMG Patriot.jpg)



Attachments
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Attachments OMG Patriot.jpg (54KB - 4 downloads)
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alpep
Posted 2015-02-27 3:23 PM (#507078 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
December 2001
Posts: 10582

Location: NJ
wow

but believe it or not I have heard of guitars being shipped this way before
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Old Man Arthur
Posted 2015-02-27 5:01 PM (#507081 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
I got one like that once... and it survived.
But it wasn't bitter cold and mine was wrapped in bubble wrap.

If it turns-out to be damaged, file a Claim with eBay immediately.
Since the Seller says "No Returns" eBay might refund your money and let you keep it.
Then you can practice your repair skills.
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Englishplayer
Posted 2015-02-27 5:58 PM (#507087 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
August 2003
Posts: 396

Ebay goes out of its way to protect the BUYER. File a complaint. Lay it out with what's wrong with it versus the description. Be wary if you make a side deal, beyond the contract, with the seller as it can easily nullify your ebay guarantee. Do this immediately. If Ebay doesn't comply, then you also have the credit card company to whom you can file a complaint and request the charge be disallowed. As the buyer with Ebay, you have better resources than the seller if things go haywire. Good Luck!
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tpa
Posted 2015-02-27 6:13 PM (#507089 - in reply to #507087)
Subject: Re: Can I Vent????


Joined:
December 2004
Posts: 565

Location: Denmark
Englishplayer - 2015-02-27 5:58 PM
... File a complaint .... Do this immediately... Good Luck!

+1
I hope it turns out OK.
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Nancy
Posted 2015-02-27 6:35 PM (#507090 - in reply to #507077)
Subject: RE: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
I am just devastated....

There was still melted snow coming out of the case, so I thought I had better get that guitar out of the case now. There are about 5 surface cracks, 5 deep divots, every single one of the tuning pegs and machines are loose and wiggle. He did not loosen the strings before shipping, and the face under the bridge pulled up. Opening the crack he put into it by taking it outside while he had it up for sale, and already had a high bidder on it. I can't believe anyone would treat a fine instrument like this....

I am taking your advice, as much as I hate to - I filed my first complaint with eBay, and have requested a return:

"It was shipped without a box! The case is cracked in several places, one lock was broken and there was a gap in the case to the guitar, there was snow in the case. The guitar has MANY more cracks than the one described in the ad, the face is pulling up from the cracks, and every single one of the 6 tuning heads is loose and wiggles. There are 5 deep divots in the face. There is so much damage to this guitar it is a sin! Being a Guitar Player, I would have thought that the Seller KNEW how to properly ship a Limited Edition Guitar properly to prevent damage. I am so very disapointed and upset!"

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seesquare
Posted 2015-02-27 6:42 PM (#507092 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
November 2002
Posts: 3611

Location: Pacific Northwest Inland Empire
Take..... no....... prisoners.
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FlySig
Posted 2015-02-27 6:57 PM (#507094 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
October 2005
Posts: 4042

Location: Utah
Ugh, and a relatively rare limited issue guitar. The seller should be kneecapped for taking it out in the cold in the first place, and then for how he shipped it to you.
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standing
Posted 2015-02-28 1:12 AM (#507102 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
December 2008
Posts: 1453

Location: Texas
I hate to be cynical (well, not really,) but;

Chicago has had an even colder and snowier winter than usual this year. Regardless, what kind of "seasoned guitar player" takes a guitar (which he doesn't even technically own since it's already been sold on E-Bay) outside in the middle of ANY Chicago winter "to do some recording"? (What an amazing coincidence that the cracks just happened to accidentally appear after the auction closed!) Plus, any "seasoned guitar player" and E-Bay seller should know how to properly pack a guitar for shipping. I suspect that the guitar already had problems that he planned from the start to cover-up by blaming his post-auction "sub-zero outside recording session" and/or the shipper.

I'm curious; Did he post clear photos in his E-bay auction that showed the guitar in good shape? If so, are you confident that the photos were recent photos of the actual guitar (and not just copied from somewhere on the internet) What company did he use to ship it? Was it insured? Did you sign for it in that condition? (And if so, why?)

I sure hope you get satisfaction from E-Bay, that seller sounds pretty shady to me.

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Old Man Arthur
Posted 2015-02-28 1:23 AM (#507103 - in reply to #507102)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
standing - 2015-02-27 11:12 PM

I hate to be cynical (well, not really,) but;

I'm curious; Did he post clear photos in his E-bay auction that showed the guitar in good shape?


HERE it is.
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Tony Calman
Posted 2015-02-28 2:40 AM (#507106 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
August 2003
Posts: 4619

Location: SoCal
Seller is also an idiot, the decal is not as his statement that "It features the Confederate and American flags."
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Nancy
Posted 2015-02-28 9:08 AM (#507108 - in reply to #507106)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Tony Calman - 2015-02-28 2:40 AM

Seller is also an idiot, the decal is not as his statement that "It features the Confederate and American flags."


I know, I snorted too, when I read that...

I did not take the $50 deduction he offered for adding the crack, you cannot take any money off the Paypal Total bill, that has to be done separately as a refund from the Seller, so I paid the full amount. He then wrote me and asked if I wanted to upgrade to faster shipping with the $50, I said yes. So I suggested he send it USPS 2 day Priority, fully insured. Which he did, instead of the longer, more expensive UPS he was going to use.

I signed for the Delivery, not the Condition of the Item. I know my PostPerson well, and just love her, she gets so excited for me when I get something Special. The second she pulled the CASE out of her Jeep my heart fell to my feet! I told her that I couldn't believe someone had done that to such a fine, limited edition guitar. She said that she hoped it was okay... She had me sign the slip that the USPS had Delivered the Item, not for the Condition of the item, which if there was a problem had to be handled as a Claim.

I got a response from the Seller through eBay this morning, saying that he was already filing a claim with the USPS, and needed pictures from me. He assured me that he would handle it, and get me a refund. (Heavy Sigh - I wanted the Guitar...). I took pictures the second I got it in the house, so I sent them to him. We will see what happens from here.

I am going to have to take the guitar and case downstairs, it is so full of mold and mildew, it is setting off my asthma, and my entire upstairs stinks now.

I do allot of ebaying, I know it is a risk, but I generally research every buyer, their feedback, past sales pretty well. And in close to 1000 auctions, this is the First time I have ever had a problem... It would have to be on a Patriot!

Thank You all for letting me know what to do, I am not a very aggressive person, and am the type to eat the raw steak instead of sending it back, but Thank You for helping me here, I really appreciate it! And I will stand up for myself for a change! Thank You All!!!!
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standing
Posted 2015-02-28 10:23 AM (#507111 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
December 2008
Posts: 1453

Location: Texas
Mold and mildew don't grow during 2-day express shipping either. Something stinks, and it's not just the guitar.
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Slipkid
Posted 2015-02-28 10:32 AM (#507112 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
September 2003
Posts: 9301

Location: south east Michigan
I feel for you on this.
The more we hear the more it stinks.
Just wondering.... would it be pro active of you to stop the credit card payment now?
I'd hate to have him string you along waiting for pictures to be gathered and forms to be processed and responded to.
So many things on the sale are just so wrong. It might be overly optimistic to think that the refund process will be any different.
.
And the whole... "I played it outside in the snow after the sale"... I don't buy that line for a second. ...
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FlySig
Posted 2015-02-28 10:43 AM (#507113 - in reply to #507108)
Subject: Re: Can I Vent????



Joined:
October 2005
Posts: 4042

Location: Utah
naellis58 - 2015-02-28 8:08 AM

It would have to be on a Patriot


When I purchased my Patriot, midwinter, from a member here in South Dakota, I went and hand carried it home on an airplane. Other guitars I have trusted to shipping, but not the Patriot. Now that the factory is closed, many models are now irreplaceable.
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Nancy
Posted 2015-02-28 1:28 PM (#507118 - in reply to #507112)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Brad Durasa - 2015-02-28 10:32 AM

... Just wondering.... would it be pro active of you to stop the credit card payment now?
I'd hate to have him string you along waiting for pictures to be gathered and forms to be processed and responded to. ...


I paid with A Paypal balance, So I contacted PayPal, but they said that it had to go through the EBAY process because of the Return Request first. I am hoping if eBay stands by me, PayPal will return my money to my account quickly...
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Nancy
Posted 2015-02-28 1:51 PM (#507119 - in reply to #507113)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
FlySig - 2015-02-28 10:43 AM

naellis58 - 2015-02-28 8:08 AM

It would have to be on a Patriot


When I purchased my Patriot, midwinter, from a member here in South Dakota, I went and hand carried it home on an airplane. Other guitars I have trusted to shipping, but not the Patriot. Now that the factory is closed, many models are now irreplaceable.


I agree, it is imperative now to get, and take care of these pieces! I am very Thankful that I do have my other one coming in from Boston this Spring (if they ever get Spring either...). I had a set of the Humidipaks sent to him, like you suggested, and he put them in the guitar so that it will be ready for shipping, and we are going to ship 2 Day am like you suggested.

The one I just got may have been badly cared for, and abuse in shipping, but they sure are Pretty!!!! I can't wait to play one!!!

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Old Man Arthur
Posted 2015-02-28 3:10 PM (#507121 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
Okay... Do not let this anus talk you out of filing an eBay claim.
File NOW if you have not already done so.
His USPS claim has NOTHING to do with you.
You received a guitar that is Significantly Not As Described.
I read you saying that he is gonna "get you a refund"...
That is not how it works. He is supposed to GIVE you a refund.
Immediately, give you back the money you paid. All of it.
He does not accept returns, so you should not send the guitar back.
File a Claim. If eBay decides that you should return the guitar, eBay will send you a Label.
There is a myth that eBay will let you keep the item, That has never happened to me.
But eBay has sent me Shipping labels to return Two guitars.
File a Claim with the eBay Resolution center. NOW.
His USPS claim is not for you. That is for him.
He probably insured the guitar for more than you paid so he could make money from a guitar that he broke.
And USPS is NOT gonna honor his claim... The guitar was not properly packaged.
So, If you have not filed an eBay Claim... File it Now. (I cannot say this often enough)
This guy is a scam artist.

Also... I am so sorry about you getting you hopes up.
And I am sorry to hear that someone destroyed a perfectly good Patriot.
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Old Man Arthur
Posted 2015-02-28 3:18 PM (#507122 - in reply to #507118)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
naellis58 - 2015-02-28 11:28 AM

I paid with A Paypal balance, So I contacted PayPal, but they said that it had to go through the EBAY process because of the Return Request first. I am hoping if eBay stands by me, PayPal will return my money to my account quickly...

Don't let this guy cut you off at the pass...
You need to file an Not As Described claim.
If he wants his guitar back, he needs to pay for that.
This guy is running a scam on you.

And yes, all claims go through eBay now.
You can only file a PayPal claim if you used PayPal at a real store somewhere.
eBay has all their legal affairs wrapped together and run though Utah courts (really).
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FlySig
Posted 2015-02-28 3:22 PM (#507124 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
October 2005
Posts: 4042

Location: Utah
I agree with Arthur, this looks like a scam. Cover your bases and don't try to be nice about it.
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Tony Calman
Posted 2015-02-28 3:56 PM (#507128 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
August 2003
Posts: 4619

Location: SoCal
Nancy, stick it to this maggot. Follow Arthur's advice.
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Nancy
Posted 2015-02-28 4:34 PM (#507130 - in reply to #507128)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Ok, I had no idea that the USPS claim was not connected with the eBay claim, but that does make perfect sense once you said that! HE is claiming against the Post Office, I am claiming against HIM with eBay! Ok, got it now!!

I did indeed file the Claim with eBay late yesterday afternoon after I had taken the guitar out of the case, and saw the damage there, and you all told me to file immediately. I would have kept it with all the cracks because it is so Beautiful, BUT the neck is as bouncy as my dirt road in the summer, AND the ALL of the machines and pegs are loose and wiggling! I can't fix that. I don't even know if they would hold putting new strings on it.

And then to top it off, all that mold and mildew - I had to put it back in it's case and take it downstairs to the Family Room. You can see the mold and mildew inside of it - this guy needs his butt kicked! I am actually hoping that eBay sends me a label to ship it out - I can't keep that in my house, even to hang on my wall. And every time I look at it, I would just be sad. Perhaps if they do let me keep it, I can send to one of our Bottom Feeders as a Project, and if they could fix it and sell it, the money could go to the OFC? (I promise to ship it in a Box!!! )

He requested pictures of the Guitar - I had already sent him the picture of the case - so I took a bunch (you know how hard it is to get cracks to show up in pictures?), and sent them. Now he has requested that I send the pictures to whoever is fixing my other Ovation, and ask for an Estimate to fix the Patriot - I think that is going too far... I do not want to bother John B about a guitar that cannot be easily fixed, and I certainly do not want to put him in the middle of a scam! I am going to give him Ovations email address, and he can do that himself!

Ebay sent me an acknowledgement of their receiving the Claim, and saying that they would step in if it was not resolved by March 4th. Is this normal?? They have all the messages through ebay that have been going back and forth between us, and I sent the pictures via the ebay message system, so eBay would have access to the pictures and messages.

Is there anything else I should do? Thank You ALL for helping me on this - I am working up a good mad, so I am ready to hold my ground now. God Bless you all for your help! I appreciate you All SO Much!!!

Edited by naellis58 2015-02-28 4:37 PM
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Old Man Arthur
Posted 2015-02-28 8:54 PM (#507133 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
Always communicate through eBay.
Yes, that is normal about eBay wanting you to wait and try to work it out with the Seller.
(eBay is hoping that it won't cost Them any money...)
Just send the seller an eBay message telling him that you want a FULL Refund, NOW!
If he sez "No" you can immediately escalate your claim to the Resolution Center.
Do not be afraid to Call eBay by phone.
Some things are easier said in a voice-to-voice conversation.
DO NOT make any side agreements with this lizard.
DO NOT communicate outside of eBay.
No, you aren't gonna arrange for repairs... that is not your job.
Just tell him that you want ALL of your money, and if he wants it back he must pay return shipping.
The FULL price, in a correct 50x20x8 inch box with padding... about 25 pounds.

Like others have said, Don't try to be Nice to this Maggot.
Take an adversarial stance, this guy is Not your Friend.
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Nancy
Posted 2015-02-28 9:17 PM (#507134 - in reply to #507133)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Thank You Arthur!!!!

I will do exactly what you told me to do! Thank you for your guidance!!!
I will keep you posted!
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Geostorm98
Posted 2015-03-01 12:17 PM (#507139 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
September 2011
Posts: 402

Location: New Hartford CT
Look at my avatar - I am deeply offended! man I can't believe....never mind. The guys are right, naellis - take no prisoners. Keep your communications brief and to the point. Stay calm...I'll flip out for you.

This is one of the top guitars Ovation ever produced, definitely a top 10. I saw the ad and the confederate flag reference on ebay a while back...it made me wary.
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Mark in Boise
Posted 2015-03-01 1:55 PM (#507142 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
March 2005
Posts: 12755

Location: Boise, Idaho
I remember seeing that ad now, too. I had a Patriot that I bought from another OFC member who ended up with 2 accidentally. The one he sold me had a couple of minor finish cracks right below the bridge and he considered having it refinished by the Mothership. That would have necessitated the removal of the decal, for which there were no replacements. Probably the best sounding Ovation I have owned and I've owned I lot. I sold it to another member in a moment of weakness. I hope that you are able to rescue this one from the torture that this guy put it and you through. I have a 1537 that Noah and the adoption agency rescued from a similar, though less extreme, situation and all came out well in the end. I wish you the same good luck.
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Nancy
Posted 2015-03-01 3:20 PM (#507145 - in reply to #507139)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
George Frey - 2015-03-01 12:17 PM

Look at my avatar - I am deeply offended! man I can't believe....never mind. The guys are right, naellis - take no prisoners. Keep your communications brief and to the point. Stay calm...I'll flip out for you.

This is one of the top guitars Ovation ever produced, definitely a top 10. I saw the ad and the confederate flag reference on ebay a while back...it made me wary.


Hi George! It is an Honor!

I wish I had been wary, I was just so darned excited to find a Patriot at such a good price, I jumped in with both feet! Everyone here speaks of Patriots with with such awe and respect, I was just excited and stupid... I *really* don't like getting pissy with people, but this guy has been writing me all day wanting me do do more and more for him. He even asked me to take it outside and try to get better pictures for him - Come On!!! This is what cracked it in the first place! it is 10 degrees out there with -15 windchills, I am not going out there, or taking my poor old camera out there! When I asked him if he had told ebay to refund my money, he said that he had until March 4th.... He also said that he knew about the mold, and was allergic to it... But failed to mention that in his ad, I have asthma, and cannot be around it at all! I am getting REALLY ticked off now, and am about to go all Irish on his butt!
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Nancy
Posted 2015-03-01 3:30 PM (#507146 - in reply to #507142)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Mark in Boise - 2015-03-01 1:55 PM

... The one he sold me had a couple of minor finish cracks right below the bridge and he considered having it refinished by the Mothership. That would have necessitated the removal of the decal, for which there were no replacements.


I told him that too, that it was not repairable to it's Original Condition because only 1776 of the decals were created, and when the 1776th Patriot was made, the decal mold was destroyed, thus - Limited Edition! I don't know if John would want to touch this with all the mold and mildew, it is really, really bad....
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Old Man Arthur
Posted 2015-03-01 3:53 PM (#507147 - in reply to #507145)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
naellis58 - 2015-03-01 1:20 PM

When I asked him if he had told ebay to refund my money, he said that he had until March 4th.... He also said that he knew about the mold, and was allergic to it... But failed to mention that in his ad, I have asthma, and cannot be around it at all! I am getting REALLY ticked off now, and am about to go all Irish on his butt!

That is all you need.
Go to Customer Service.
Click all appropriate boxes to escalate to the Resolution Center.
They will eventually show you a tab that say "Call" with a phone icon.
Click that tab and the will give you their phone number and a Code Number.
With that code number you can contact eBay.
(you can either wait on hold, or have them call you back. I do the Call Back)
Refer them to the email where he states that he Knew about the Mold.
Also refer them to where he wants you to take the guitar out into -8° weather.
They will just take the money from him.
Like I said, they might send you a shipping label.
(Just slap that on top of his shipping label and send it back)
Maybe he CAN wait until the 4th, but you don't have to wait.
Escalate your dispute to the Resolution Center.
Before he empties his bank account.
(eBay will still return your money)
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Nancy
Posted 2015-03-01 4:45 PM (#507149 - in reply to #507147)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
It is not letting me get a phone number, it just keeps saying that an existing return is active on this.

This is what he wrote me:

"I just spoke to eBay. They can arrange for the Post Office to come to your house if it's hard to take a picture..."

So here is what I have written back to the Seller: (I am really mad now...)

"Jeff, I understand your wanting to get your Claim processed through the Post Office asap, but I have sent pictures, I have given you all the information I have, and you have not returned my payment through ebay as of yet.

If you want the guitar back, ebay says that you just need to pay for the shipping back, I will most gladly put it in a proper box, and ship it back to you. I can't be around it because of the mold and mildew, and I can't get it repaired as it is a Limited Edition, and it can never be made whole again as a "Patriot", which is why I bought it, and I seriously doubt that anyone would try to work on it with the mold and mildew inside the guitar. I do not have a problem, per se, with the neck, it is the cracks, lifting of the face, damage, divots, rubs and the mold and mildew.

I cannot go outside in this weather, 10 degrees -15 windchills, and try to take outside pictures of it, if you want someone to come over here and take pictures of that, fine, if they will come here. I am trying to follow ebay's rules, and have done everything you asked, but I am not going outside to take pictures of it, nor am I going to go to a Guitar Repair place (there is nothing within 2 hours of me), and try to get documentation for you. Have the guitar shipped back to you, and you can take it into a repair place in Chicago so that they can see it in person.

I have no intention of defrauding you, and if you want the guitar back, I have absolutely NO problem with that, as long as you pay the shipping, I will even put it in a proper box for you, and then it can be shipped in it's existing case without further cost to you of buying a new case, and shipping that up to me, to ship you back the guitar.

I just want this resolved Now.
Thank You Jeff,
Sincerely,
Nancy

Edited by naellis58 2015-03-01 4:47 PM
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Englishplayer
Posted 2015-03-01 5:10 PM (#507150 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
August 2003
Posts: 396

You need to get a message from EBAY, not from this guy, that tells you to return the guitar. The problem here is that sending him the guitar without Ebay asking you to do so could easily constitute some sort of side deal with him that can invalidate the process. I wouldn't return the guitar to him even if he sends you the money to return it. Ebay has not ruled on this. If you send back the guitar, you are currently out the money AND the guitar without knowing if a refund is coming.
Ebay will send the USPS to pick it up? Did EBAY directly tell you that in an email? Follow EBAY WRITTEN instructions. I hope you are only communicating with this guy on EBAY messaging, so everything can be tracked and followed. Hang in there. I wouldn't do anything with this guy without a full refund in your account. In fact, at this point, I probably wouldn't communicate with this guy anymore unless a refund occurs. Then, if he wants the guitar back, he can pay you the money for shipping, or arrange for some service to pick it up at his charge. Just a few thoughts.
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Nancy
Posted 2015-03-01 5:22 PM (#507151 - in reply to #507150)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Englishplayer - 2015-03-01 5:10 PM

You need to get a message from EBAY, not from this guy, that tells you to return the guitar. The problem here is that sending him the guitar without Ebay asking you to do so could easily constitute some sort of side deal with him that can invalidate the process. I wouldn't return the guitar to him even if he sends you the money to return it. Ebay has not ruled on this. If you send back the guitar, you are currently out the money AND the guitar without knowing if a refund is coming.
Ebay will send the USPS to pick it up? Did EBAY directly tell you that in an email? Follow EBAY WRITTEN instructions. I hope you are only communicating with this guy on EBAY messaging, so everything can be tracked and followed. Hang in there. I wouldn't do anything with this guy without a full refund in your account. In fact, at this point, I probably wouldn't communicate with this guy anymore unless a refund occurs. Then, if he wants the guitar back, he can pay you the money for shipping, or arrange for some service to pick it up at his charge. Just a few thoughts.


That makes perfect sense Englishplayer - Thank you for sharing! You are right, I assumed since we were communicating through the ebay message center, and eBay was waiting for us to work it out until March 4th, before they would step in, that this would be considered working with the Seller, but you are right! In my attempt to work it out, it could be misconstrued very easily! Thank You for the advice!!!

So far, I have heard NOTHING from eBay other than an acknowledgement of them Starting a Return Claim and that they would step in on March 4th, if we did not resolve it ourselves....
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Old Man Arthur
Posted 2015-03-01 8:25 PM (#507152 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
As far as I know there is NO SUCH THING as a "return claim".
A seller cannot request you to return an item, nor file a dispute to get you to return an item.
The is NO way for eBay to force you to return an item, so I think this is cattle manure.
This guy is scamming you.

Try calling this number... 866-643-1587
It will ask you for your a code, but it will give you a choice to say that you don't have one.
They will be able to identify you by your phone number if you call from the same number that you have registered with eBay.
I believe that Customer Service closes at 7:00PM PST... if you want to talk to a real person.
So you will have to call tomorrow.


Edited by Old Man Arthur 2015-03-01 8:31 PM
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Nancy
Posted 2015-03-01 9:01 PM (#507153 - in reply to #507152)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Thank you Arthur, he wrote me again saying that eBay froze the money, so he could not return it if he wanted to. He also said that eBay told him it would cost him $150 to get the guitar back, so he has to decide if he wants to pay that or not, as he would have to buy a new case and ship it to me, then have to pay for shipping them both back. THAT is hooey, I told him that I would send it in a proper box so it could go back in the existing case.

I am not writing him anymore per everyone's good advice. I am getting all stressed out, and don't need that. I will call the number you gave me tomorrow, and get the scoop from eBay themselves, instead of someone I am now sure is pulling some sort of doo-doo!
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Old Man Arthur
Posted 2015-03-01 9:34 PM (#507154 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
September 2006
Posts: 10777

Location: Keepin' It Weird in Portland, OR
First, eBay froze his money because it is YOUR money.
Second, he does not get to choose. He stated "No Returns".
If eBay wants you to return the item, they will send you a shipping label.

When you call eBay, inform them that you want a refund pursuant to the eBay Money Back Guarantee.
If they ask... No, you don't want a "Partial Refund".

I have been given a Partial "courtesy" refund before.
As far as I can tell, a "courtesy" refund come outta eBay's pocket.
But since this guitar stinks and it is damaged, no Partial Refund will make it usable for you.

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nerdydave
Posted 2015-03-01 11:17 PM (#507155 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
August 2011
Posts: 887

Location: Always beautiful canyon country of Utah
OMA knows everything. And it is obvious that this misguided soul neglected his guitar for years -- probably stored it in some mildewed shed somewhere. Whereupon he pulled it out and tried to make some money from it using deceit as his modus operandi. This sometime gentleman merits compassion but not tolerance of his misdeeds. You are correct in pursuing all that OMA suggested and refusing whatever side offers this gentleman attempts to offer you along the way. And you are also correct that we are indeed fortunate in having so much experience here in the club to assist those of us who occasionally need such assistance!!
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Nancy
Posted 2015-03-02 9:45 AM (#507164 - in reply to #507155)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
I just got off the phone with eBay (Thank You Arthur!)

I told them everything, and they said that they can not step in until the 4th, and once I escalate the Claim on the 4th, they will step in, send me a label to send the guitar back (I promised to put it in a box - the guy I talked to was horrified that he just sent it in the case, and said he did not think that USPS would honor his claim when he shipped it in just the case) plus that the case was part of the sale, and that he intentionally did damage when he shipped it without proper protection. He said that the Mold & Mildew was enough to get my money back, he couldn't believe that he had called it "his Baby" in the description, then sold it with mold & mildew, AND without a box to protect the case and the guitar!

All in all he was very nice, but they will not step in until the 4th. At which time, they will send me a shipping label, and once I send out the guitar, they will refund my money. So it might be a while.

He also told me that you are able to cancel your bid anytime up to 12 hours Before the Auction ends with no problem, and when there was less than 12 hours left, you would contact the Seller to cancel your bid. It was my understanding that your bid was a Binding Contract, and you could not cancel, and were bound by your bid. Apparently I was wrong about allot of things, but Thanks to everyone here, I am learning!!!

I think from here on out, I will only Adopt my Babies from my OFC Brothers. Much safer, more trustworthy!

I want to Thank You All for your help, advice and for helping me to stand up for myself for once. You have been invaluable to me! Thank You SO Much!!! Huge Hug to you ALL!!!
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BanjoJ
Posted 2015-03-02 2:51 PM (#507175 - in reply to #507077)
Subject: RE: Can I Vent????



Joined:
September 2012
Posts: 811

Location: Thredbo, NSW, Australia
FWIW. I recently had a claim on eBay, and once the required date had arrived they refunded the money into my Paypal account very quickly. I think it was a couple of emails and one or two days.

I could have then transferred the money from Paypal back into my bank account, but as I was buying something else I didn't bother.

All in all, I feel I was well looked after by eBay.
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stephent28
Posted 2015-03-02 4:54 PM (#507176 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
April 2004
Posts: 13303

Location: Latitude 39.56819, Longitude -105.080066
Now for the rest of the story......

While Ebay does a great job of protecting the buyer the seller can certainly be screwed by an unscrupulous buyer with little recourse.

I listed a very nice Martin guitar with a buy it now.
The potential buyer contacted me and asked if I could do an overnight shipment if he purchased it.

I said sure and provided him with the cost of shipment. He used the BIN and I invoiced him for the guitar and the additional shipping charges. He paid immediately and everything was fine

The next morning I sent the guitar out. Later that night I received an email saying his wife found out about the purchase and went ballistic so he could not purchase it. I told him fine, no problem but he would be responsible for the shipping. When the package arrived the next day he refused shipment and the guitar was on its way back to me. I promptly refunded his money minus the shipping charges.

The following day I received notice from ebay that a claim had been filed against me for the shipping charges and they froze/took the funds. I contested and provided them with all the emails and information. After about a week, Ebay sided with me and released the funds.

The buyer then filed a complaint with his credit card company who promptly took the money back from ebay who then took the money back from me. I went to the credit card company who informed me that since the package was refused, the money was not owed to me....which we know is BS because somebody was going to pay the shipper.

Well, long story short, I got hosed for overnight shipping and return costs to the tune of over $200.

I guess the moral of this story is ALWAYS pay with a credit card cause then it doesn't really matter what ebay or paypal says. Your credit card company will do what they want and the seller will ultimately get screwed.
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d'ovation
Posted 2015-03-02 5:01 PM (#507177 - in reply to #507176)
Subject: Re: Can I Vent????


Joined:
December 2003
Posts: 848

Location: Canada

stephent28 - 2015-03-02 3:54 PM  I guess the moral of this story is ALWAYS pay with a credit card cause then it doesn't really matter what ebay or paypal says. Your credit card company will do what they want and the seller will ultimately get screwed.

I have never sold anything on ebay but have done a few purchases, and so far I think had only one merchant who accepted a credit card for payment.

 

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Nancy
Posted 2015-03-02 5:02 PM (#507178 - in reply to #507175)
Subject: RE: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
BanjoJ - 2015-03-02 2:51 PM

FWIW. I recently had a claim on eBay, and once the required date had arrived they refunded the money into my Paypal account very quickly. I think it was a couple of emails and one or two days.

I could have then transferred the money from Paypal back into my bank account, but as I was buying something else I didn't bother.

All in all, I feel I was well looked after by eBay.


Thank You Banjo! That is really good to hear! It gives me hope that it will be over soon!
I just want this over with! I have the guitar all ready to go out - I hate to let a Patriot go, but this poor thing is beyond repair or saving. It is a shame too, the area around the decal is the only area without cracks or gouges.
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Nancy
Posted 2015-03-02 5:16 PM (#507179 - in reply to #507176)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
stephent28 - 2015-03-02 4:54 PM

...... Well, long story short, I got hosed for overnight shipping and return costs to the tune of over $200.



I am sorry that happened to you Stephent28, there are always just a few bad apples that ruin it for everyone. I have always had really good luck on ebay, but I have learned a valuable lesson now. Just one bad apple...
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Damon67
Posted 2015-03-02 5:58 PM (#507180 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
December 2006
Posts: 6994

Location: Jet City
I hate selling on eBay. There are next to no protections for the seller. I'd give you some of my stories, but my blood'll start boilin'
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Waskel
Posted 2015-03-02 7:08 PM (#507183 - in reply to #507164)
Subject: Re: Can I Vent????



Joined:
February 2005
Posts: 11840

Location: closely held secret
naellis58 - 2015-03-02 7:45 AM
I think from here on out, I will only Adopt my Babies from my OFC Brothers. Much safer, more trustworthy!


Not always the case, but usually. Even here there have been incidents.
It's always a good idea to get 2 or 3 opinions from other members before making a private purchase here if you've never dealt with the seller before.

Sorry about your bad experience on ebay. There are good and bad everywhere. Personally, I've had many more problems with buyers than sellers.


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stephent28
Posted 2015-03-02 7:31 PM (#507184 - in reply to #507177)
Subject: Re: Can I Vent????



Joined:
April 2004
Posts: 13303

Location: Latitude 39.56819, Longitude -105.080066

merlin666 - 2015-03-02 4:01 PM

stephent28 - 2015-03-02 3:54 PM  I guess the moral of this story is ALWAYS pay with a credit card cause then it doesn't really matter what ebay or paypal says. Your credit card company will do what they want and the seller will ultimately get screwed.

I have never sold anything on ebay but have done a few purchases, and so far I think had only one merchant who accepted a credit card for payment.

 

 

you can pay through paypal using a credit card.  Much better than letting them have access to your bank account.

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nerdydave
Posted 2015-03-02 11:41 PM (#507190 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
August 2011
Posts: 887

Location: Always beautiful canyon country of Utah
I have bought many antique popsicle sticks on ebay with nary a problem!!
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Nancy
Posted 2015-03-04 4:06 PM (#507281 - in reply to #507190)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
No email from eBay today, so as per Arthur's advice, I called them.

Spent allot of time on hold, but that is okay, I was looking at Ovation pictures!
Finally after being switched around a couple of times, I got the "Escalation Department", who made a decision in my Favor, and emailed me the return address label to ship it back to the Seller.

She said that as soon as they showed the Tracking Number had been delivered, they would refund my money. So I have it all boxed up (PROPERLY!) and have scheduled a USPS pick up for tomorrow.

Thank You ALL for your help and guidance! I had no idea what to do, you guys are THE BEST!!!
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iglupickin
Posted 2015-03-04 4:15 PM (#507287 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
March 2004
Posts: 137

Location: Fitzwilliam, New Hampshire
I had an issue with a purchase on E-Bay and thanks to PayPal got my money back from a non-responsive seller! They get 2.9% +.30 of the sale (on the seller) but they can protect both buyer and seller in various situations. I've been a small volume but frequent E-Bay'er for some time and have not had any issues BUT the Caveat Emptor is knowing what danger signs to look for such as bad feedback, lacking details in the description, no pictures or good ones that represent the description, knowing what you're buying, and of course those that send you emails to skirt the process E-Bay has set up. E-Bay also had a lot of useful info on what you should do to protect yourself.
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Jonmark Stone
Posted 2015-03-04 8:38 PM (#507304 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
May 2008
Posts: 1555

Location: Indiana
It's to your credit that you have insisted on boxing up this return correctly. I can't say I would have gone through that much care in this circumstance.
And, by the way, my mother's name is Nancy... so you already were high on my list.
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Nancy
Posted 2015-03-05 8:02 AM (#507323 - in reply to #507304)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
Jonmark Stone - 2015-03-04 8:38 PM

It's to your credit that you have insisted on boxing up this return correctly. I can't say I would have gone through that much care in this circumstance.
And, by the way, my mother's name is Nancy... so you already were high on my list.


<3 <3 <3

Thank You Jonmark! I didn't do it for the fool, I did it for the Patriot, and the Respect it deserves, regardless of how that moron treated it.
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Darkbar
Posted 2015-03-05 3:46 PM (#507332 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
January 2009
Posts: 4535

Location: Flahdaw
..reasons #387, 388, and 389 that I never bought a guitar off Ebay....
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stephent28
Posted 2015-03-05 6:16 PM (#507343 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
April 2004
Posts: 13303

Location: Latitude 39.56819, Longitude -105.080066
I've purchased probably 25-30 guitars and basses off of eBay without any issues.
However, I haven't bought any in probably over 5 years because I did not like the stories I was starting to hear.
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Nancy
Posted 2015-03-10 6:43 PM (#507544 - in reply to #507343)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
I just wanted to let everyone know that I got my Full Refund (including the shipping), and this is now in the past, filed under Lessons Learned!

Thank You all for your help and support!! You guys are the BEST!
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BanjoJ
Posted 2015-03-10 7:27 PM (#507545 - in reply to #507544)
Subject: Re: Can I Vent????



Joined:
September 2012
Posts: 811

Location: Thredbo, NSW, Australia
A great result for you Nancy!

I feel sorry for the poor guitar though. It deserves better. If only we could save all of the old Ovations.
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Nancy
Posted 2015-03-10 7:40 PM (#507546 - in reply to #507545)
Subject: Re: Can I Vent????



Joined:
December 2014
Posts: 1713

Location: Frozen Tundra of Minnesota
BanjoJ - 2015-03-10 7:27 PM

I feel sorry for the poor guitar though. It deserves better. If only we could save all of the old Ovations.


I feel the same way Banjo....
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Eynowd
Posted 2015-03-10 7:44 PM (#507547 - in reply to #507077)
Subject: Re: Can I Vent????



Joined:
July 2014
Posts: 154

Location: Canberra, Australia
I hope you left some seriously negative feedback for the guy!
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nerdydave
Posted 2015-03-11 12:42 AM (#507557 - in reply to #507077)
Subject: Re: Can I Vent????


Joined:
August 2011
Posts: 887

Location: Always beautiful canyon country of Utah
Me always feels sorry for guitars!!
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