Ripped off?: Anyone in the Palo Alto CA area? - PeachParts Mercedes-Benz Forum

Squabble · #1 03-09-2009, 05:30 PM

I answered a Craigslist ad concerning a Mercedes part from a guy in Palo Alto CA on Feb. 9th. We discussed details, shipping, costs (it is a lot), and made a deal through TONS of e-mails. He provided his name, address, phone number as well as his mother's name and address. I sent out a money order to his mother's address in NV because he would be there for the next week. He got the money, confirmed via e-mail, and said he would ship out the next day via UPS and send me the tracking number through e-mail. Days go by and I don't hear anything. I send e-mails and he finally gets back to me saying there was a "family emergency" back in CA and he had to shoot back to deal with it. Promises to send out the part the next day and apologizes. That was February 26th. I have yet to see the bumpers, recieve a tracking number, recieve an e-mail, or get a phone call back as I have left three messages at the number he gave me. I search his name online and it checks out with his address and his mothers address as well as his phone. I also find out he's a Shop Forum member, last active last year, user name autobahnfahrer. I PM him as well as send an e-mail to him through the site. Nothing back yet.

Should I be panicing? Should I alert the authorities? Can they do anything? I have his name and address but removed it from the post, I guess because I shouldn't be posting his name address and phone number. But I don't really care about posting it if he really ripped me off.

Sound familiar? What the heck should I do? It's shipping from California to Upstate New York. Have I given it ample time to arrive UPS ground? I'm freaking out and getting angry. I told him I might have to start calling his family to find out how to get ahold of him. With the time zone difference it will be very easy for me to call him in the middle of the night CA time as I'm at work at 6 AM NY time. Family emergency = B.S. or will I be harassing him in a time of need? Any ideas?

mwood · #2 03-09-2009, 05:36 PM

I don't think that I would be publishing the guy's name and address on the internet.

JonL · #3 03-09-2009, 05:48 PM

I'd express my concerns to him, perhaps through a certified letter to both addresses. Tell him you are giving him the benefit of the doubt but you are very concerned. Tell him that you do not want to involve the authorities, but if you don't hear from him you will have no choice. Tell him that he needs to do something to show good faith. Perhaps ask him to send your money back as that will be easier during his family crisis than sending the bumpers, and that you are still interested in completing the deal when he is able. Then he's been amply warned, you've been the good guy in every way possible, and when you call the police they'll be no pissing contest. Then call the police if you don't hear from him by a deadline that you've explicitly given him. IMO, you want to stay businesslike and balanced between being understanding and being serious about protecting yourself. IMO you should avoid doing anything that could be construed as harassing... like calling at odd hours, or calling more than once a day.

Brian Carlton · #4 03-09-2009, 06:17 PM

Quote:

Originally Posted by JonL

Then call the police if you don't hear from him by a deadline that you've explicitly given him. IMO, you want to stay businesslike and balanced between being understanding and being serious about protecting yourself. IMO you should avoid doing anything that could be construed as harassing... like calling at odd hours, or calling more than once a day.

I'm not sure if the police will do a damn thing on an out of state fraud situation. There's usually no mechanism.

jplinville · #5 03-09-2009, 06:29 PM

How much money are we talking here? That would determine the level of theft...

How did you pay? money order or check? If done through your bank, there are steps they may be able to take to assist you.

cscmc1 · #6 03-09-2009, 06:46 PM

Was it a USPS money order? If so, you have lots of leverage. They'll investigate it as a matter of mail fraud if you push the issue.

Maybe a little more persistence will pay off; I'd call the guy and give him one last chance to make good. Good luck!

strelnik · #7 03-09-2009, 06:48 PM

Quote:

Originally Posted by Brian Carlton

I'm not sure if the police will do a damn thing on an out of state fraud situation. There's usually no mechanism.

THERE IS ANOTHER WAY!

Call the post office authorities. They have enforcement officers. IF the money order has been cashed and you got nothing, they wiull track him down. He's now had 10 days to call. I really don't understand why he can't do that much.

As long as you saved the receipt and it's got your signature on it, you are good to go.

I used this against a business in Miami that SWORE they never got the MO but they had cashed it. I told them I was sending the postal authorities to their address. I got a call in 15 minutes...oops my brother cashed it and didn't tell me.

I'm sorry, member or not, at least an e-mail or phone call is possible. Over 50 bucks is a felony.

Either parts or money, and money in a MO like you sent him.

iwrock · #8 03-09-2009, 07:32 PM

Yeah, I am an hour away.

Would you like me to go check it out?

Pooka · #9 03-09-2009, 07:33 PM

Police departments normally fall back on the 'theft by conversion'' routine. He took your good faith payment and 'converted' it to a theft. This makes it a civil matter.

The US Postal Service, however, will get results on this. If you suspect mail fraud they will hear your story and will look into it.

I sell parts sometimes and always insist on the payment going through the mail. With the USPS involved there is none of this 'it is out of my jursidiction' to fall back on. It just protects everybody.

Call the USPS and tell them the story. They see enough of this to know what to do after that.

strelnik · #10 03-09-2009, 07:39 PM

Quote:

Originally Posted by Pooka

The US Postal Service, however, will get results on this. If you suspect mail fraud they will hear your story and will look into it.

Call the USPS and tell them the story. They see enough of this to know what to do after that.

X 2!

Squabble · #11 03-09-2009, 07:42 PM

Thanks everyone. I'm gonna cool off and talk to the post office tomorrow. The total was over $250, I paid with a Postal Money Order, and I have the receipts and signature to prove it. I believe I'll write him an e-mail promptly afterwards to let him know it's happening and that I'm serious about it. The paper copy letter sent to both addresses is a good idea also, I may do that as well. iwrock, if none of this gets results, I will PM you with his contact info and pay you gas money plus something for your trouble to "check in" on this guy. Let me know if you're game.

JonL · #12 03-09-2009, 07:43 PM

Quote:

Originally Posted by Brian Carlton

I'm not sure if the police will do a damn thing on an out of state fraud situation. There's usually no mechanism.

The police can probably provide information on how to proceed. The mail fraud angle sounds promising. There is also an FBI internet fraud division, if I'm not mistaken. I had an issue with a large ebay purchase once and I looked into all this but didn't follow it through.

iwrock · #13 03-09-2009, 07:47 PM

Quote:

Originally Posted by Squabble

iwrock, if none of this gets results, I will PM you with his contact info and pay you gas money plus something for your trouble to "check in" on this guy. Let me know if you're game.

I would be more than happy to help out. Let me know where and when, and I will make a visit.

cscmc1 · #14 03-09-2009, 07:52 PM

Quote:

Originally Posted by Squabble

I paid with a Postal Money Order,

VERY smart; you are way ahead already!

Squabble · #15 03-15-2009, 04:20 PM

Well.....

Turns out the guy had an emergency relapse from surgery he had last year and was rushed to the hospital for a two week stay. He had a friend send out my stuff as soon as he got a chance to check his e-mails/messages.

Man I feel like a jerk.

But, it turns out to be okay in the long run.

Thanks for the help though, I did go to the post office and they helped quite a bit, even told me to wait at least a week longer just in case. Postmaster was right!