Ebay Facilitates Fraud Thursday, 18 March 2010
Won an auction of eBay for:
"You Won eBay Item:DELL E1705 INTEL DUO 2 GHZ, WINDOWS VISTA ULTIMATE (290295125189)"
I got that laptop nearly two weeks after I paid for it.
Shortly thereafter, I got it in to a local tech who, after about four days, informed me that the copy of windows that was installed was unlicensed.
It turns out MS Office, which was also advertised as being included in the auction, is also pirated.
Paypal Claim
I immediately filed a complaint with the payment system, Paypal "Item significantly not as described". The claim was requesting the seller to provide a license key for Windows.
The seller could not provide a license key for windows because he does not have one. He decided to make the irrelevant excuse "I lost the CD" to paypal, and somehow, that worked.
On March 20, 2009, I receieved the email from paypal stating:
We will notify you if further action is required.
I called paypal and the representative said I would receive contact from paypal by April 17 (IIRC), however that never happened and Payapl closed the claim on May 24, 2009, notifying me with the following:
Paypal Case Details
We have concluded our investigation into this case. Unfortunately, at this time we are unable to decide this claim in your favor. ----------------------------------- Case Details -----------------------------------
As you can see, there are no "case details" there; the entire section is completely blank.
As soon as I received this, I called Paypal to ask why the case had been closed. The Paypal representative could not provide a reason, nor could he state what, if anything, paypal had done. He reopened the case and stated that a Paypal representative would contact me.
Paypal did not contact me, but instead closed the case again.
I went through the process of calling Paypal again, waiting on hold for a long time, and again talking to a rep. The case was reopened, and then once again re-closed, without any evidence that paypal had actually done anything to investigate the claim.
I have saved all of the email communications with Paypal. The responses from Paypal indicate that the paypal representatives failed to read my messages and failed to read the auction title which was included in the message.
Paypal has provided no evidence to having done anything to investigate my claim.
Back to Ebay
After Paypal failed, I called ebay. I made many calls to ebay, each time having to restate everything from the beginning. I received follow-up email from rswebhelp@ebay.com stating that I should contact the police, file a complaint with IC3, and file a mail fraud complaint with USPS.
Ebay Action
Like paypal, Ebay ignored many, if not most of my emails. Of the emails that I received a reply to, the responses do not include answers to the questions. They are a top-reply of mostly irrelevant parroting of what appears to be copy'n'pasted information on how to call the police, file a claim with the post office, or contact IC3. I have done all of those things.
Ebay stated that they work closely with the police. I provided rswebhelp with the police report number and requested for them to call the police but the request was ignored. What ebay says and what ebay does do not match.
The San Francisco Police officer I reported to told me that the case would be only paperwork for them. He would not even look at the URL. I cannot force them to change how they operate.
The Seller
I followed up with Dave Kaercher by sending email and by calling. The phone message I left was not replied to and the email (all emails I have sent him) was ignored. I did get through a week later and told Dave the problem and that I was seeking a refund of money I paid. Dave said "we don't have a deal" and that was the end of the conversation.
The computer has not provided me with the use that could be expected out of a computer with legal, licensed versions of Windows Office.
Instead of using Windows, I have been hobbling with a cracked OS for 1 year. The OS frequently restarts (in failed attempts to run important security updates).
Instead of the expected use of Microsoft Office, Launching Office errs with: "
Microsoft Office Genuine Advantage
[logo] This copy of Microsoft Office is not genuine. Please excuse this interruption. This copy of Office did not pass validation. Click Learn More for online details and help identifying the best way to get genuine Microsoft Office. [Learn More] [Remind Me Later]
Clicking "Learn More" leads the web page: Genuine Microsoft Software
I have actively pursued this for over a year, with several emails and calls to ebay, paypal, and Dave Kaercher. I am posting the seller's personal information on my site.
Dave Kaercher
Dave Kaercher: I told you I would do this. I clearly requested licensed copies of what I paid for. I stated this in emails to you and in the paypal claim. You made excuses and ignored those.
I told you two weeks ago by email (which you ignored) and by phone call two weeks ago that I would post your information on my site.
Dave Kaercher's Personal Info
Dave Kaercher GRI, QSC User ID: redbirds04 Name: Dave Kaercher website: wesellmore.com City: Colorado Springs State: CO Country: United States Phone: (719) 282-1681Lesson Learned
Don't buy things off eBay!
EBay knowingly facilitates fraud. EBay makes money by helping criminals defraud consumers and as such, is guilty of fraud.
Dave Kaercher is in good standing with ebay, probably defrauding other victims. He continues to promote auctions for various things including fake steroids over the past year. It is clear that eBay does not care to take this seriously.
Anyone shopping for items should consider that what is sold on ebay might be illegitimate (pirated, counterfeit, etc). In the case that the item is illegitimate, ebay probably won't do anything about it.
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