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ktothep

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Hey everybody. I'm looking for a little advice about an ebay situation.

I won the following item: http://www.ebay.com/itm/251117990983?ssPageName=STRK:MEWNX:IT&_trksid=p3984.m1439.l2649

I bid on the item using the ebay app. I thought it was an auto that was cut out of the frame. I wasn't sure why someone would do that, but I bid anyway. I realize that I should've read the item description before I bid. I usually do, but it was an impulse bid.

I contacted the seller asking to cancel the transaction politely. He was very rude in his response saying that I needed to learn how to read, etc. I've been nothing but polite, but I believe have the word auto in the auction title is deceitful. I feel that the "card" would not have sold if the title did not mention auto or if he used non-auto and I told him such.

Now he opened an unpaid item case on me. Should I just chalk it up and pay? What are the repercusions of not paying for an item? I've been on ebay since 1998 and I've never failed to pay for an auction.

Looking for some advice for dealing with this situation. Thanks in advance.
 

predatorkj

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Either way it's deceitful. The guy was obviously looking for a sucker just like you. I'd leave his ass a neutral just for starters. And no, I wouldn't pay him a dime. If he got any mouthier, I'd feel no shame in leaving a neg.
 

HPC

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FCB finally has a victim.

:(

There have been about 3 threads on this guy in the past month.

Sorry bro, but unless he agrees to cancel you'll end up paying
 

jbhofmann

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1. Pay
2. File a PayPal claim (item not as described)
3. Await your return because PayPal loves buyers
4. Leave appropriate feedback
 

VandyDan

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I think there was a thread about these 'cut outs' a while ago, when they were first listed.

I wouldn't pay, but that's just me. What he's doing is (to me) pretty close to fraudulent. Rather, while his listings may have contained honesty, they were certainly composed to be read in a way that did not reflect the item in question.

No idea what the repercussions of an NPB are. I think one is no trouble, but five-ish will get your bidding privileges revoked. Let him re-offer the item as a second-chance offer, if he's so confident that these are real 'collectibles'. Ebay's buyer-friendly rules will work in your favor here. Personally, I think you could open a case against him for misleading titling of the listing. For whatever else others may say, having in the description the caveat "not an actual auto, card or anything you'd want" does not cure the deceit in the listing with words like "sp" "auto" and "mini".
 

JEBJJA

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Don't pay and you'll just get an unpaid item strike. No big deal. Just make sure you don't get a second unpaid strike soon. Play his game back at him.
 

VandyDan

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well, he can get a neg scrubbed if he can show that you paid, intending to leave a neg. I have gotten two negs scrubbed after the buyer said in a message "I'm paying so that I can leave you a neg". So I wouldn't do that.

Just don't pay. Really. What is your duty to him, again? Eat the NPB.
 

cmnkb8

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EDIT: nevermind misread the description.

The only way out is basically to eat the NPB. Or try to prove to Ebay that this is not a "card" as described.
 
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moxacaine

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its only $15 dollars. id pay and drop him a neg then file item not as described. Regardless of the description his title sugests its an SP which its not and that its an auto which its not. Either way i would pay and drop the neg on him. after that i bet he offers a refund to have his negative removed.
 

HPC

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1. Pay
2. File a PayPal claim (item not as described)
3. Await your return because PayPal loves buyers
4. Leave appropriate feedback

He would receive the item as described:

"2010 Topps Allen & Ginter Ryan Howard Mini SP auto Box Top

You are bidding on the exact card pictured and listed above. This card is in great condition! Don't miss out on your chance to own this very scarce card hand cut from the lid of the box. Please note this card is not from a pack, and does not have an actual autograph. However, this card is very scarce because most collectors have thrown out their boxes. If you have any questions, please feel free to contact me. I do combine shipping 50 cents each additional card"

There's no basis for a item not received as described claim

I dont want to be an *******, but this is why it is important to always read the item description before bidding. Luckily, it was only about 15 bucks instead of the guys paying 80 and not realizing it.
 

ccouch (Chad)

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I very rarely advocate for teaching somebody a lesson on eBay, but there's an argument to be made for it here. Yeah, you should have read the description, but he was purposely deceitful and caught somebody napping. Personally, I'd probably chalk it up as a $15 lesson learned and pass on the chargeback, but I'd leave him a scathing negative feedback (and that's coming from somebody that probably has left less than 5 negatives in a decade).
 

Musial Collector

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FCB finally has a victim.

:(

There have been about 3 threads on this guy in the past month.

Sorry bro, but unless he agrees to cancel you'll end up paying

Just for curiosities sake, whos going to make him pay?
Buyer will get at worst an unpaid item strike. This wont hurt them at all if they continue to pay for all future items.
Seller will get their fees back and work on defrauding the next person.
When the seller gets enough negatives, maybe, just maybe they will stop with their shady practices.

So my $.02, dont pay, nicely as the seller to cancel the transaction, if they refuse and are rude about it, leave neutral or negative feedback, your choice. If ebay decides then to remove your feedback for lack of payment, so be it. But whatever you do, dont threaten to leave that type of feedback.
 

James52411

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The title of the item is misleading, as the item does not contain Ryan Howard's autograph. I'd refuse to pay and see if he'll start the NPB process, then lay out your case to eBay customer service that his title is intentionally misleading. A truthful title wouldn't mention "auto" or would say "reprint" or "facsimile" auto.
 
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jbhofmann

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He would receive the item as described:

"2010 Topps Allen & Ginter Ryan Howard Mini SP auto Box Top

You are bidding on the exact card pictured and listed above. This card is in great condition! Don't miss out on your chance to own this very scarce card hand cut from the lid of the box. Please note this card is not from a pack, and does not have an actual autograph. However, this card is very scarce because most collectors have thrown out their boxes. If you have any questions, please feel free to contact me. I do combine shipping 50 cents each additional card"

There's no basis for a item not received as described claim

I dont want to be an *******, but this is why it is important to always read the item description before bidding. Luckily, it was only about 15 bucks instead of the guys paying 80 and not realizing it.

How is the hand cut card a "SP"? One could argue that it was probably printed more than any single card in the set. Therefore making it an anti-SP.
 

VandyDan

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He would receive the item as described:

"2010 Topps Allen & Ginter Ryan Howard Mini SP auto Box Top

You are bidding on the exact card pictured and listed above. This card is in great condition! Don't miss out on your chance to own this very scarce card hand cut from the lid of the box. Please note this card is not from a pack, and does not have an actual autograph. However, this card is very scarce because most collectors have thrown out their boxes. If you have any questions, please feel free to contact me. I do combine shipping 50 cents each additional card"

There's no basis for a item not received as described claim

I dont want to be an *******, but this is why it is important to always read the item description before bidding. Luckily, it was only about 15 bucks instead of the guys paying 80 and not realizing it.

the description does not match the title. it is purposeful deception. You think that a disclaimer in the description can cure the outright deception in the title? I'll grant you that it is okay when a car company says "No money down*, 250/month" and the no money down is written with a caveat of 'for qualified buyers'. Here, the title says auto, SP and the description says it isn't. the seller is trying to pull a fast one. if he's so confident its a real thing people would want, just relist it. It isn't as though Howard was just on a hot streak. He'll get his fees back for a mutually cancelled transaction. Re-listing is only one button click.

the buyer here did read. He read auto and SP in the description. Do you think that the title is just 'HEY LOOK' window-dressing, and the description is the home of the 'brass tacks'?
 

VandyDan

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The title of the item is misleading, as the item does not contain Ryan Howard's autograph. I'd refuse to pay and see if he'll start the NPB process, then lay out your case to eBay customer service that his title is intentionally misleading. A truthful title wouldn't mention "auto" or would say "repint" or "facsimile" auto.

Exactly. Take this clown to the mattresses here. Make him back up his claims and be honest, clear and calm with the eBay rep. The truth will out.
 

markakis8

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1. Pay
2. File a PayPal claim (item not as described)
3. Await your return because PayPal loves buyers
4. Leave appropriate feedback

Yup! Do exactly this and do not feel ashamed in doing so as he is clearly not ashamed in duping buyers.
 

HPC

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Again,

Im not advocating what the seller is doing, but you guys defending the buyer are overlooking the fact that the buyer admitted he did not read the item description:

"I bid on the item using the ebay app. I thought it was an auto that was cut out of the frame. I wasn't sure why someone would do that, but I bid anyway. I realize that I should've read the item description before I bid. I usually do, but it was an impulse bid."

If he had read the description, he would've seen that it is not a real card, but a cut out from the box itself.

Go ahead, file the claim. eBay will side with the buyer because they usually do anyway now. But it doesnt give the buyer a free pass here and if he completes the transaction he would get specifically what was described.
 

markakis8

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Go ahead, file the claim. eBay will side with the buyer because they usually do anyway now. But it doesnt give the buyer a free pass here and if he completes the transaction he would get specifically what was described.

part of the description is the title, in fact, it's the most vital part of the description. therefore putting the word "auto" in the title of the description and the buyer not receiving an auto would be sufficient enough to file an "item not as described" dispute.
 

Musial Collector

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Again,

Im not advocating what the seller is doing, but you guys defending the buyer are overlooking the fact that the buyer admitted he did not read the item description:

"I bid on the item using the ebay app. I thought it was an auto that was cut out of the frame. I wasn't sure why someone would do that, but I bid anyway. I realize that I should've read the item description before I bid. I usually do, but it was an impulse bid."

If he had read the description, he would've seen that it is not a real card, but a cut out from the box itself.

Go ahead, file the claim. eBay will side with the buyer because they usually do anyway now. But it doesnt give the buyer a free pass here and if he completes the transaction he would get specifically what was described.

Everyone makes mistakes, in life, and on eBay.
You should not have to pay for every mistake you ever make in life, including this one.
The buyer is owning up to his mistake, the seller should do the right thing and cancel the auction.
 

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