Scammed by "ShiksKev" - (Real Name - Shelagh Broughton)

[Troy_McClure]

Unfortunately it doesn't work that way in the court of law. When neither party discusses the method of shipping, the seller has the option to use any form of shipment. Is there anything illegal about mailing a gift card in regular mail? Nope.

I'll give you that, but where is the proof it was actually shipped?

[addicted2it]

except the seller made no mention of the type of shipping that was going to be used

Sorry guys..haven't had a chance to update this thread...no updates yet...I will wait until next week before I file a case in the small claims court....she has been banned from RFD.....the administrators gave her a chance to resolve this but she chose not to I believe... before she was banned from here...

Joshray:I bought two gift cards from her before and both times they were shipped with Tracking....wouldn't you say that i was led to believe that this would be the case this time too...Isn't it the sellers responsibility to make sure they have some proof of it being shipped!! I have being given zero proof of the card being shipped.

I paid her asking price...I was told its being shipped....nothing shows up for 7 weeks....I am told "Too bad..I have your money...you have nothing...cant help it.take it as lesson and move on".

[Joshray]

I'll give you that, but where is the proof it was actually shipped?

It all depends on where the burden of proof lies under. In this case, the plaintiff must prove his case against the defendant. For all we know, the mail could have been stolen. With no evidence, the court will dismiss the case.

[RastaManMax]

Sorry guys..haven't had a chance to update this thread...no updates yet...I will wait until next week before I file a case in the small claims court....she has been banned from RFD.....the administrators gave her a chance to resolve this but she chose not to I believe... before she was banned from here...

Joshray:I bought two gift cards from her before and both times they were shipped with Tracking....wouldn't you say that i was led to believe that this would be the case this time too...Isn't it the sellers responsibility to make sure they have some proof of it being shipped!! I have being given zero proof of the card being shipped.

I paid her asking price...I was told its being shipped....nothing shows up for 7 weeks....I am told "Too bad..I have your money...you have nothing...cant help it.take it as lesson and move on".

It's good to see that at least the admins are doing something about scammers now. There was a scam that I and at least 3-4 other RFD'ers were part of and the mods didn't really do anything at all.

EMT's should be traceable.

[Xpwmata]

I read through this thread, how are gift cards traced? Is there a way to find out if the credit has been used?

How do we know the OP didn't already receive the gift card and is falsely claiming it wasn't received after he/she saw it wasn't sent through registered mail?
The seller is claiming it was sent. Why are we to believe the Buyer and not the Seller here?
Someone correct me here...



BTW I find it ridiculous that the sellers personal info and name/picture is revealed in the second post of this thread without even waiting for an initial response from her first.

I mean come on, info about her ex husband and his name?? How is this even allowed??
Where are the mods to respond to this?

[addicted2it]

I read through this thread, how are gift cards traced? Is there a way to find out if the credit has been used?

How do we know the OP didn't already receive the gift card and is falsely claiming it wasn't received after he/she saw it wasn't sent through registered mail?
The seller is claiming it was sent. Why are we to believe the Buyer and not the Seller here?
Someone correct me here...



BTW I find it ridiculous that the sellers personal info and name/picture is revealed in the second post of this thread without even waiting for an initial response from her first.

I mean come on, info about her ex husband and his name?? How is this even allowed??
Where are the mods to respond to this?

I did indeed ask the seller to get in touch with Apple to find out about the gift card (if it was used and where/when...if she could report them as stolen and maybe put a hold them..reissue them) ...the seller said she doesnt have the gift card number. So as a buyer...I have absolutely no proof of anything...whether the card as ever shipped...whether the card was used somewhere between when the seller shipped it till now....The seller did not provide me a shred of evidence to show that there was a gift card that even existed with the said balance and that such a card was shipped.

[Joshray]

I did indeed ask the seller to get in touch with Apple to find out about the gift card (if it was used and where/when...if she could report them as stolen and maybe put a hold them..reissue them) ...the seller said she doesnt have the gift card number. So as a buyer...I have absolutely no proof of anything...whether the card as ever shipped...whether the card was used somewhere between when the seller shipped it till now....The seller did not provide me a shred of evidence to show that there was a gift card that even existed with the said balance and that such a card was shipped.

It is your responsibilty to ask for these information beforehand. The seller isnt required to remember the gift card number after it has been mailed.

[CastIronStove]

It all depends on where the burden of proof lies under. In this case, the plaintiff must prove his case against the defendant. For all we know, the mail could have been stolen. With no evidence, the court will dismiss the case.

I'm pretty sure that's not how it works in small claims court...

[Blueroom]

When I've purchased iTunes cards I'd simple PayPal and have the person send me the scratched off number. Currently I just wait till the $50 cards go on sale locally for $40.

[Albo_baller]

It all depends on where the burden of proof lies under. In this case, the plaintiff must prove his case against the defendant. For all we know, the mail could have been stolen. With no evidence, the court will dismiss the case.

Really ? You sound like a immature 14 year old turd so be quiet, you're making a fool out of yourself kid.

PS - For the love of god, enough with the garbage questions. You aren't fooling anyone, you clearly know nothing when it comes to small claims

[ajwf]

Joshray, your telling me that you would cover all your bases with someone that you have SUCCESSFULLY made transactions with in the past? OP has said that they have done this before, and that the previous times they all had tracking. It is completely reasonable that the buyer would assume that this would happen again.

I'm sure that precautionary measures were taken initially, but there was a certain about of trust that was abused. Your absolutely right; its what you can prove, but understand we are not the law. RFD is just a community trying to ensure safe transactions between members, and mediating those that dont turn out as expected. We may have to follow the law, but just because it is law does not make it right. So have some compassion.