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Author
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Topic: An unpleasant ebay situation ...
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Osi Osgood
Film God
Posts: 10204
From: Mountian Home, ID.
Registered: Jul 2005
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posted May 21, 2016 11:35 AM
I have recently had a dealing with a Richard Burgess that has been fraudulent. Here's the story.
I was selling in the recent past, a 35MM print of "The Three Little Pigs' on ebay, complete with photo's of the actual print unspooled, (so they could see the color and color stock), and in the auction, as I always do with any issues, I stated clearly, "Print has vinegar syndrome". With all thr weeks that we were messaging back and forth on ebay, I can't believe that he didn't read the auction. He knew.
Richard chose to buy the print off ebay from me. Actually, it was a pretty shrewd move as, it keeps him from bidding on ebay and having the auction taken away. This was only the second time that I've ever done this, but I agreed to it, my mistake. He sent me a message back through ebay that he wanted to return it to me. Since I clearly state that all auctions/sales are final, (unless I have honestly missed something on an auction, then I do return funds right away), I chose not to ...
I find today, that his payment was reversed, and he got his whole 150.00 back, stating "Item was not as described" (which it most certainly was), and not only that, but i have not recieved the print back.
If I had at least received the print back, I could put it back up for auction, and make those funds back, but he has the 35MM film print AND his money.
The sad thing is that I didn't even know that there was a dispute and the reason for this was that the e-mail address paypal used as the primary e-mail address was the one that is on my old hacked account that is no longer available, and even though I have my new e0-mail address, it only sends e-mail to the primary address, and you can't delete or alter the primary address, so i had no idea that this was going on.
I have obtained the paypal phone number and will call them on Monday.
Beware of this buyer/seller.
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"All these moments will be lost in time, just like ... tears, in the rain. "
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Osi Osgood
Film God
Posts: 10204
From: Mountian Home, ID.
Registered: Jul 2005
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posted May 21, 2016 12:16 PM
Well, the sad thing is that I wish i hAD sold this on ebay and NOT chosen to sell it off ebay, as, then, I would have auction itself as proof that the item was in fact, as described, and then, the buyer couldn't do this.
At least, if i had received the print back, I could have resold it and recouped my loss.
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"All these moments will be lost in time, just like ... tears, in the rain. "
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Osi Osgood
Film God
Posts: 10204
From: Mountian Home, ID.
Registered: Jul 2005
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posted May 23, 2016 11:43 AM
update :
to address one of the questions on here, the money was returned by paypal and not ebay, (I am assuming that, it would make sense, as it was sold off ebay).
... but this is what the person stated concerning the print ...
statement #1
" Hi there,Thanks for the quick shipment of The Three Pigs. However, I am afraid the print has vinegar syndrome. On arrival, it has a real bad VS odor and it is also shrinking and warped.I can keep it but I will need a huge reduction or I will have to return it for refund. It is going to completely decompose in the next year or so and will no longer be runnable.I have checked the print completely now and the warp and shrinkage is only worse now. I don't think I can take a chance on the decomposition. In this condition, I am afraid worth next to nothing. I throw prints like this out when they get and smell a little to avoid contamination to other film.Please issue a complete refund. I wish I had a better report.Rich "
(He also had his phone number at the end of this statement, but to insure his privacy, I left it off).
Here is the second one ...
" I have contacted the seller directly and through PayPal and have had no response. The film arrived warped and shrunk on inspection and stinking to a high amount of vinegar syndrome. The film will be probably decompose completely in a year and be unrunable. The seller never mentioned any of this to me. I want to return this film for a total refund.Thanks,Rich Burgess "
He never contacted me directly and as to the statement that I didn't mention any of this (VS condition), the ebay auction clearly stated "Film has vinegar syndrome". His ebay name "filmarchive" would seem to intimate that he is a person who would READ a description before even approaching to buy, so i highly doubt that in the week and half when we were negotiating price on ebay messages, that he didn't completely peruse the whole description. It is possible, however unlikely.
As to it being warped, if there was any warp, it had to be the slightest if any, as, before selling it, I had a friend (who has a 35MM projector) screen it for me and it was absolutely brilliant in projection. It CERTAINLY is not a candidate for the dust bin, and if he has done that already, than he certainly should not get his money back, as i would certainly, if not having my money returned to me, would certainly demand the print back.
BTW I unfortunately deleted the original ebay auction for this that I had, and i can't seem to retrieve it. If anybody on this forum, happened to be watching it, and would astill have the auction in thier watch list, put a link to it on this series of posts, if possible. I would appreciate it.
I have just been off the phone with paypal, and due to the circumstances, (hacked e-mail account and i was never able to address the dispute), they have opened an appeal on the dispute and I will be able to address this, so the ball is rolling.
OSI
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"All these moments will be lost in time, just like ... tears, in the rain. "
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Osi Osgood
Film God
Posts: 10204
From: Mountian Home, ID.
Registered: Jul 2005
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posted May 24, 2016 11:56 AM
My appeal was just opened yesterday, so i don't know yet.
Hi Micheal! Good to hear from you. Unitl just today, i hadn't wrote him, (except for when we were actually doing the transaction), but I did write him back (on ebay) just today, asking, "hey, where is my 35MM print? You get you're money back, but I don't get my print back?"
Somethings wrong there ...
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"All these moments will be lost in time, just like ... tears, in the rain. "
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Osi Osgood
Film God
Posts: 10204
From: Mountian Home, ID.
Registered: Jul 2005
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posted May 28, 2016 11:42 AM
I'm happy to say that, while I was not sucessful in my appeals ion this case (paypal just sent back automatic/computer generated messages and i wouldn't be surprised if a human never even looked at the case) ...
I was able to get ahold of the buyer and he has mailed me back my film print, (it's in the mail), so I'm at least happt that i have a second chance to sell the print, but this time, I'll just stick with selling it on ebay, instead of attempting to sell off of ebay as I did.
The thing that really bugs me is that Richard was told, after having received his money back, to keep the film print! I have no reason to doubt his word on this, (as i researched the fellow and he has been a decent and reliable seller for 40 years), it ticks me off that paypal would actually say such a think.
So, to conclude ...
I'll see if i can change the title on the beginning post to something different, as, this buyer is not some one to beware of.
a decent ending to this scenario. My apologies to Mr. Richard Burgess, as this was more a situation of mis-communication on both sides and no fraud on his part. You see, i can admit when I'm wrong.
Thanks for asking Michael! ![[Smile]](smile.gif)
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"All these moments will be lost in time, just like ... tears, in the rain. "
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