NEED HELP ASAP plz...bought $2000 worth of phones off of ebay

[rob187jj]

hey

i bought 4 nokia n95's. i paid, they were mailed and should be here tomorrow, i was curious because i saw a link the person i bought from had posted and i found an msn address, i added it thinking it was a legit supplier of nokia's. anyways, i talked to them for a bit and they told me they only supply knockoffs of popular phones such as the n95, so can i do a chargeback on my credit card or should i wait til i get the phones, inspect them and then do a chargeback? how do i go about this? also in the auction, it shows the boxes of real nokia n95 boxes

let me know
thanks
Rob

[HBP]

hey

i bought 4 nokia n95's. i paid, they were mailed and should be here tomorrow, i was curious because i saw a link the person i bought from had posted and i found an msn address, i added it thinking it was a legit supplier of nokia's. anyways, i talked to them for a bit and they told me they only supply knockoffs of popular phones such as the n95, so can i do a chargeback on my credit card or should i wait til i get the phones, inspect them and then do a chargeback? how do i go about this? also in the auction, it shows the boxes of real nokia n95 boxes

let me know
thanks
Rob

Just wait, check it out, open a dispute. Chargeback should be your last option.

[jcoltage]

Wow do you see it say knock offs cause then you are screwed but if he posted real then go dispute it for fakes.

[G-Yo]

Wow, you bought $ 2000 worth of Phones and you didnt check to make sure they were the real thing ? :confused:

I hope you get your money back.

[urban1]

NOKLA.... lol!

[fiscal-rick]

why did you buy 4?

planning on re-selling?

[myversa]

better read the brand name carefully next time...

I think it will not be easy for you to get your money back since it clearly stated NOKLA phone not a nokia phone....

[dailey]

I doubt you'll get anything back.
rough.

[pintobean]

why did you buy 4?

planning on re-selling?
I hope it wasn't for a Group Buy :lol:
(The OP was getting scammed when he tried setting up a window tint group buy)
http://www.redflagdeals.com/forums/showthread.php?t=457247&p=5268796

[GVRtrader]

You talked to them over msn and they were honest so did you try asking them about return?

If you want to do a chargeback, it really depends on the ad. If the ad say its real and its fake, then you can chargeback and return the phone to the sender (you are stuck with shipping unless you sue them for it). If the ad does not say its real, you are stuck with the phone. Doing a chargeback can get you sued and you will have nothing to back yourself up. Not only will you need to pay them the $2000, you will also need to pay interest for the amount and any legit expense for them to get their money back. Legit expense can be a lot of stuff but it does not include salary lost due to coming to court. It could however include airplane tickets.

[rob187jj]

i asked him if they are nokla's or nokia's before i purchased and he said they arent nokla's. but when i opened the nokia box, the phones were clearly fake and said nokla on them, so i have a pretty strong case.

[dhamilton]

Why on earth would anyone spend $2,000 on ebay...for PHONES???

It's like buying any high fashion stuff on Ebay - you might as well just send them money and bend over.

[monty613]

It's like buying any high fashion stuff on Ebay - you might as well just send them money and bend over.

there are both genuine phones and high fashion items on ebay, granted you have to do your due diligence
and investigate first (feedback, read auction terms over clearly)

"if it sounds too good to be true, it probably is"

NOKLA :-0

[NG]

Aside from them trying to scam people into thinking they're real Nokia's or whatever I actually like Chinese cellphones a lot.

To bad they don't they don't include the N. America bands...

[v1perfan]

Didn't the same thing happen in an episode of the Simpsons? They thought they were drinking MILK when in fact they were drinking MALK.

Oy vey...2Gs on phones...

[NG]

Didn't the same thing happen in an episode of the Simpsons? They thought they were drinking MILK when in fact they were drinking MALK.

Oy vey...2Gs on phones...

Yep. That was the ep where Fat Tony (the mafia guy) had a secret deal going with the mayor to supply Springfield Elementary with milk that was actually coming from rats. Homer (who was his bodyguard in the ep) foiled the scheme. You may remember it as the episode where Mark Hamil guest starred.

It also happened in another ep when Homer and the family went to the factory outlet mall a few towns over and the sales rep was showing him "genuine" Panaphonics and Magnetvoxs

[GVRtrader]

i asked him if they are nokla's or nokia's before i purchased and he said they arent nokla's. but when i opened the nokia box, the phones were clearly fake and said nokla on them, so i have a pretty strong case.

As far as i remember, MSN chat logs cannot be used in the court of law because they can easily be constructed. Even Printed emails require you to login to your account (with an officer there watching you login) to prove the emails were received and in your account (generally).

Do you still have the ebay link you bought from? That advertisement is the only piece of document that can confirm rather you have a strong case or no case at all. Even if you have a case, if the shippers are far away... good luck tracking them down. You will have to deal with internationally to get them over (if they don't want to come)... which isn't all that simple.

Also since these conversations were AFTER the sale, it really does not support your case, because you already bought the product. If your questions were asked before the purchased and the seller lied to get the sale, than you can use that to support your case... however since you already bought the item before asking the question, its a follow-up question and no matter what the answer is, the products are bought and the answer has no effect on that.

Basically to sum it all up... you only have a strong case if the advertisement clearly says its Nokia and not Nokla. If it says Nokla, you better hope there's some type of return policy or you're out 2 grand with no way of getting that money back (you can phone your CC but the seller can sue you for the money and then some... for whatever expense to him because you did not pay).

[KelvinK]

touch screen n95s..!

:-0

it seems like the description he provided was contradictive..
cant afford a nokia.. settle for a cheaper nokLa?
but the price charged for a nokLa is far above the real thing?

[v33k]

Ouch

Flipping goes bad

[ricenice]

Well if you get stuck with them i'll give you $80 for a Nokla. lol

[yao416]

Give us the link to the auction

[G-Yo]

... OP just learned a hard lesson.

This has scam written all over it.

Reminds me of those E-Bay scams a while back, in which someone would sell a pamphlet on how to win a PSP or Gameboy Advance, but would design their ad to make it look like they were selling the actual console.

Their ads would have pics and details about the console front and center, but unless you were paying carefully attention you wouldnt notice what was being sold was a pamphlet/booklet and not the actual console.

The dead giveaway for this scam was usually the price. This scam preyed upon naive deal seekers. If it sounds too good to be true...

I think OP got caught up in something like this as well.

Nonetheless, tough lesson to learn.

Like others have said, if it said NOKLA in the original ad, you're fooked.

[doctorofstyle]

Yep. That was the ep where Fat Tony (the mafia guy) had a secret deal going with the mayor to supply Springfield Elementary with milk that was actually coming from rats. Homer (who was his bodyguard in the ep) foiled the scheme. You may remember it as the episode where Mark Hamil guest starred.

It also happened in another ep when Homer and the family went to the factory outlet mall a few towns over and the sales rep was showing him "genuine" Panaphonics and Magnetvoxs

nope, wrong episode... bart didn't drink the milk from fat tony... it was named something like Fat Tony's Milk and it had his picture on it..

MALK was when bart drank it - after he cracked his knuckles...

owwwww my bones are so brittle and weak... but i drink plenty of... MALK? (now with vitamin r)

and 2 g's for phones... that's ... not good.

[G-Yo]

Post a link to the original auction !!!

[JWL]

i asked him if they are nokla's or nokia's before i purchased and he said they arent nokla's. but when i opened the nokia box, the phones were clearly fake and said nokla on them, so i have a pretty strong case.

If you have his response in writing, I would inform him that you want to return them for full refund (I wouldn't quibble about shipping). If he refuses tell him you are going to have the transaction reversed through PayPal and/or your credit card.

As noted, a link to the ebay transaction would be helpful if you want everyone's help (even thought a lot of the commentary on the wisdom of the transaction aren't helpful at this point).

[rob187jj]

one sec, ill pull up the auction link, as far as the question of asking him if they are real nokia's, someone else asked him the question and he posted it on his auction stating they are "not nokla's"

[rob187jj]

http://cgi.ebay.ca/ws/eBayISAPI.dll?ViewItem&ih=011&sspagename=STRK%3AMEWN%3AIT&viewitem=&item=320128143054&rd=1&rd=1

link to auction

quote from auction

"This Cell Phones are Nokia? or Nokla. cause theres a copy called nokla. tks 20-Jun-07
A: These phones are not NOKLA!!"

[tvwatcher]

that auction only has $315 in paypal protection - though you might not win a "not as described" claim, since he doesn't claim in the description that they are Nokia phones - and your credit card company might agree with paypal

[hot_potato]

Doh!... I would never plop down 2G's on someone who has only 5 feedback.. wow.. good luck with it.. hope you didn't get scammed!

[rob187jj]

1. he says they arent nokla but in fact they are nokla
2. he has a picture up of a real nokia n95
3. the boxes i got are real nokia n95 boxes
4. the phones in the box and the phone boxes dont correspond to each other (imei #'s)

[akt921]

If you pay it through Paypal you should have all his info i.e. name, address & email, he is in St Catherine, Ontario according to listing. Send him an email saying you will contact RCMP(or OPP) for fraud investigation and see how he response. You can also report it here: http://canadaonline.about.com/cs/scams/a/recol.htm

[rob187jj]

ive already told him that i will involve the opp.

so far our dispute on paypal has gone smoothly, he's offered me a refund but he hasnt stated how much of a refund. should i fight for a full refund including shipping or just let that go?

[esq05]

You shouldnt let the shipping go, but in this situation, you'd be lucky to get the $2000 back. $30 isnt worth fighting over compared to $2000. I'd get the refund and still report him for wasting your $30.

[sas29]

No matter what the seller promises you do not close the dispute. If you close it and he doesn't follow through with a refund you will not be able to open another one with paypal again for the same transaction. He may try to give you a story because once you opened your dispute, paypal froze his funds (if any) in his account until it is settled. If paypal decides in your favour, you will need to ship back the phones to the seller with proof (tracking and signature) and you will be refunded your entire purchase price plus original shipping costs. This is only if the seller still has these funds available in his account, if he doesn't then you will only get what he has or the $325 paypal protected his auction for. If paypal doesn't decide in your favour or if you only get a partial refund, do a CC chargeback. From what you've described it shouldn't be a problem at all getting the money from your CC company. You're very fortunate that you paid for this auction with your CC through paypal. That is the safest way to purchase on eBay.

[akt921]

ive already told him that i will involve the opp.

so far our dispute on paypal has gone smoothly, he's offered me a refund but he hasnt stated how much of a refund. should i fight for a full refund including shipping or just let that go?

I got a full refund including shipping last time I disputed my fake Yonex racket purchase, but still paying the return shipping charge.

[G-Yo]

Nowhere in his ad does he mention whether it is Nokia, or Nokla, EXCEPT, in the Question and Answer section at the bottom of the page:



Q: This Cell Phones are Nokia? or Nokla. cause theres a copy called nokla. tks
A: These phones are not NOKLA!!

Pretty sneaky, but I dont understand why he was very carefully in the ad not to mention whether they were Nokia or Nokla, and then in the Q.A. asserts that they are Nokia :?:

I think you got lucky that the guy isnt a very good scammer.

[tvwatcher]

he probably cleared out his paypal account right after payment was made

[yao416]

Well I guess you can always drive/fly to his place,St Catharines, Ontario, Canada.

He didn't mention anything about nokia, just mention N95... -.-'

[jcoltage]

Man hunt him down... DON"T close THE dispute >>>

[NG]

nope, wrong episode... bart didn't drink the milk from fat tony... it was named something like Fat Tony's Milk and it had his picture on it..

MALK was when bart drank it - after he cracked his knuckles...

owwwww my bones are so brittle and weak... but i drink plenty of... MALK? (now with vitamin r)

and 2 g's for phones... that's ... not good.

Doh! You are right!

Since the seller is around my area I'm tempted to see if he'd take $50 for one of them. Always been a fan of Chinese gadgets.

[GVRtrader]

Well I guess you can always drive/fly to his place,St Catharines, Ontario, Canada.

He didn't mention anything about nokia, just mention N95... -.-'

He didn't mention Nokia but he did say not NOKLA.

The only thing he has is he can claim he sent you nokia. Even tho he cannot prove that, you have to prove they were indeed NOKLA. It would be a strange case if it goes to court.

[Steeve Urkel]

http://cgi.ebay.ca/ws/eBayISAPI.dll?ViewItem&ih=011&sspagename=STRK%3AMEWN%3AIT&viewitem=&item=320128143054&rd=1&rd=1

link to auction

quote from auction

"This Cell Phones are Nokia? or Nokla. cause theres a copy called nokla. tks 20-Jun-07
A: These phones are not NOKLA!!"

lol, these phones are not NOKLA!

But they could be Nokla!

That still isn't spelled the same way and he could probably argue that I bet.:lol:

[woof]

The eBay log shows that the seller made numerous changes during the course of the auction to the description field and to the pictures. I assume the term "Nokla" was somewhere in the description field at one time which prompted someone's question but the seller very obviously and very deliberately removed that name long before the auction ended.

In this order:

1. Demand a full refund on return of the phones (ship back registered). Accept nothing less. If he won't refund shipping, then fine. Not a big deal if you get the rest of the money.

2. Forget the police although you could always threaten him with that if necessary. It's not clear to me that any crime has been committed since he doesn't really clearly state what the phones are (or at least didn't by the time the auction ended). Besides even if he's guilty of something the police are more interested in arresting criminals than reimbursing fools.

3. Paypal Buyer Protection would have covered you for $2000 if the seller had a minimum feedback of 50. He's not even close, so you don't qualify for "premium" protection but only get "basic" protection of $315 as tvwatcher has pointed out. Waste of time to file a claim. Go directly to credit card chargeback.

4. Hopefully you paid with a credit card. As a last resort if everything else has failed file a claim with your credit card company for fraud. Your credit card company will almost certainly side with you if you point out that the pictures in the auction are of genuine Nokia N95 phones and the phones you received do not match the pictures. I also assume that the phones do not say "N95" on them???? Keep your story to the credit card company very simple. What you received is not a N95 phone and does not match the pictures in the auction and the seller has refused a full refund (you must be able to confirm this to them otherwise they may not want to get involved).

[Pete Jones]

The eBay log shows that the seller made numerous changes during the course of the auction to the description field and to the pictures. I assume the term "Nokla" was somewhere in the description field at one time which prompted someone's question but the seller very obviously and very deliberately removed that name long before the auction ended.

You know what they say about assuming? (ass-u-me)

I'm not trying to defend the guy, but looking at the ad, all I see is that he's selling N95 phones. I can see where the fact that he didn't identify them as "Nokia N95" phones might prompt the question as to the manufacturer.

When asked, he said they weren't "NOKLA" but he didn't say what they were. I see posts here where people are inferring that he is selling "Nokia" phones by virtue of the fact he said the phones aren't "NOKLA". That inference is faulty and anyone who makes it it screwing themselves.

The bottom line, kids, is that you have to learn to not only read, but understand what you're reading. To illustrate, would you prefer "Fresh Squeezed" or "Freshly Squeezed" orange juice?

--Pete

[JWL]

Op, if you get your money back soon, you might be interested in this:

http://www.redflagdeals.com/forums/showthread.php?t=453861&highlight=n95

Pretty sure they are Nokia (not NOKLA or Nokla).

[goojoomoonoo]

You bought something worth$2000 from a seller with single digit feedback? :|

Also looks like you're only covered up to $315 by PayPal; I'd go to your bank to see what could be done about this because opening a PayPal dispute probably won't get all your money back even if they rule in your favour.

I find it strange that the seller felt the need to say these were REAL phones and not a SCAM when simply asked if they were still in original packaging.

[sledbc]

just do a chargeback. As far as visa/mastercard is concerned, paypal didn't send you the item you purchased. Paypal will freak out and threathen you if you do this, so clean out your account asap. Also remove your bank account from your paypal account and inform them via email when they contact you that any unauthorized withdrawls from your bank account will be reversed by your bank.

Been there, done that. In retrospect though, you should have learned your lesson, the seller blatantly did not state that these were NOKIA branded phones, if they were it would have said Nokia in the auction title.