Cindy,
 
Do not, under any circumstances, do anything but go with the COD -- actually, even that is risky, what if the laptop doesn't work or it isn't what he said it was? This guy is way too iffy (I'm sure you realize now that you should never have bid on his auction at all). In fact, I would advise NOT even doing the COD either and just take the non-paying bidder hit from eBay. They don't do anything about that unless you get 3 in 90 days. Same thing for any negative feedback he might leave you -- if he does, you can respond with negative feedback of your own.
 
Just tell the seller not to send it at all and then explain this:
 
First, he VIOLATED eBay seller rules when he asked you to send a money order to his new address -- eBay rules say that a seller cannot do something like this "after the sale" and must never ask you to send anything to an address he has not registered with eBay. So, technically that lets you off the hook for payment (although whether or not eBay would think so, who knows?)
 
I would tell both him and eBay that -- and also this: you have investigated his feedback (after you won the auction) and discovered that he has several negatives for taking the money and not delivering -- because of that feedback you have decided not to complete the transaction. eBay should honor that as a "valid reason", but even if they don't, that is what you can put in your negative feedback to him if he leaves one on you for non-paying (and what you can put in your response to any negative feedback he leaves you).
 
This one is just to chancy. Even if you get the laptop, there's a very good chance it will be a dud. Save your money and take whatever "hit" you get for non-payment.
 
By the way, I would never buy a computer over eBay. This area has the highest incident of fraud in all of eBay. Buy one from a reputable mail order dealer like Dell or Gateway, or from a local store. The chances of getting burned buying a computer over eBay are huge.
 
-- JR
----- Original Message -----
Sent: Thursday, January 13, 2005 21:03
Subject: [MOPO] OT: Ebay REAL contact info

Okay, I’m annoyed.  My husband bid for a laptop for me on eBay on December 4, didn’t check feedback thoroughly, (theoretically won) and the guy asked for me to pay up.  So far so good, but he also asked me to send a money order to “my new address.”  So I checked the feedback and, while he’s got a good record as a buyer, 13.5% of his feedback says he takes the money and you never get the goods.  He’s also got high praise for his apparently pirated software (Man, you can cut me a CD any day!).

 

I asked eBay for guidance.  Got what you’d expect, pay up!  Finally, I got an agreement from him that he’d sent the laptop insured and COD at our expense.  Since then, he claims he can’t contact us although he’s sent us several emails and we have replied to each one of them.

 

A couple of days ago, eBay sent us a warning that we had 7 days to reply or we’d get a non-paying buyer ding.  We replied – eBay said pay up.  No word from the seller, although he’d expressed to us that he didn’t want to have to pay for the listing.  We said that we’d still pay for it, and all associate costs, if he sent it COD.  We’ll see what happens.  I’m ticked enough to have written a letter stating that I’d like a remedy and response from eBay on the situation.  I’m sure I’ve directed it to the right office, not just email form-letter hell.

 

Cheers,

 

Cindy

 

 

 

Okay, in the past several of you have said, as I’ve found, that eBay makes it difficult to get a real person to get past the boilerplate.  So, since I’ve gone to the trouble of finding it, here’s how to contact their chief legal beagle:

 

He’s 49, has been an eBay officer since 1998, is listed as Senior Vice President, Legal Affairs; General Counsel and Secretary of the Corporation.  He’s a Harvard & Stanford graduate.

 

Michael R. Jacobson '80
Ebay Inc.
2145 Hamilton Avenue
San Jose, CA 95125
[EMAIL PROTECTED]
Tel: 408/558-7511
Fax: 408/558-7514

 

Employment

·                               Senior vice president for legal affairs, general counsel and secretary of eBay; previously: attorney, Cooley Godward LLP

Practice Areas

  • Intellectual property
  • Litigation
  • Corporate securities
  • Joint ventures
  • Mergers and acquisitions

 

Education

·                               JD, Stanford Law School, 1980

·                               AB, Harvard College (magna cum laude), 1975

 

Stanford Affiliations

Member, Executive Committee, Stanford Law School Board of Visitors

 

For eBay’s last annual filing with the SEC (filed March 8, 2004):

 

http://www.sec.gov/Archives/edgar/data/1065088/000089161804000676/0000891618-04-000676-index.htm This contains lots of good, but tedious to find, information about pending lawsuits against eBay, financials, insiders, contracts, conflicts, etc. 

 

 

 

 

 

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