26th April

Hiya!

We just won your Playstation 2 - and can do a payment by direct bank transfer, or PayPal, or whatever is easiest for you - please let us know asap!
cheers!
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heya many thanks account number is xxxxxxxx,sort code xx xx xx HSBC me , matthew kerley. i will post friday recorded no problem..
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Hi Matthew!
Thanks for the info - I've just sent the money to your bank, direct - it should arrive from xxxxxx and xxxxxx - via
xxxxxx. They say it will take two days, but I think it may arrive on Monday. 

Please can you send to my work address, as there's nobody at home during the day to pick up packages - my work address is
- Thanks again! Please let me know the recorded delivery reference when you send it, so I can track it online!
cheers!
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many thanks i shall look out for it and will 4ward the track number, thanks again. 

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3rd May

Hi

I just wondered if the payment had arrived in your bank account yet, and whether you'd sent the playstation? I've not heard
anything from you, so just wanted to check!

Cheers!
ps - if possible, please reply to my work email - (removed) - thanks!

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heya i shall be checking online tonite im away on buisness at the mo,if all is a ok i shall be posting sat am, as im away untill friday, many thanks.

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Hi

Thanks for replying - that's disappointing - I thought doing a direct cash transfer would get the PS2 to us quicker - I guess
we'll just have to wait then... I wish you'd said in your listing there would be a delay in shipping, as I'd have just got one from
my nearby games shop, which does reconditioned ones... If you can keep me updated please, as it's a lot of money - we were
hoping to be playing the games we now have by this weekend!

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Hi,

Sorry to email again - I've spoken to my husband, we're both extremely fed up about the wait for the PS2 - would it be
possible to refund us our money we've paid you? I think it might be better, and quicker, to just buy direct from our local store. It was just from your original email, you said you'd send it last Friday, and now you're saying this Friday, which to be honest, is a bit worrying - I don't want it to drag on for too long, as we were looking forward to getting it.

Please let me know what you think, and whether you're willing to send back the money to us, I was really hoping the console
would arrive today!
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8th May

im really sorry psp went out sat am.

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Do you have a tracking number for it, so I can track it online, please?

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yes i got my wife to send it so will get it tonite and email , many thanks.

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9th May

Hi

I've still not heard from you, regarding a tracking number. I'm getting very worried about this package. Really I would have
liked my money back, as the auction finished two weeks ago, and the PS2 STILL isn't here! Please can you urgently get me the
information, as if the package was sent on Saturday, I'm baffled why it isn't at my work today.

I'm very disappointed at how long this has taken.

Please respond urgently.

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heya im sorry im away in birmin gham on work the parcel was sent sat 1st class signed for not special delivery, more than likely it went out monday so lets no panic.

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Hi

I would still like to know a reference number please - even with signed for, you get a 13 digit number - just so I can track it
online. I've asked for this a few times now, and you said your wife would be able to provide it - is this now not possible?

We're just worried, as we've spent a weeks wages on the PS2, and still haven't received it. If I had a tracking number, I would
be able to check online and see it is in transit.

I hope it turns up in the morning... please, in the meantime, if you can get a reference for the package, can you let us know?

Thanks again

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hi ya plez send me ur address just to confirm?

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If you mean my home address, it is the same as the one you got from ebay, when you requested my address- however, as per my  first email, I want it sending to my work - the address it should be going to is (address removed) It must NOT be sent to my home address, as nobody is here to receive the package during the day.

All my messages to you should be stored in your 'My Ebay' if you log onto ebay.

So do you have the thirteen digit reference number, please?

Can you confirm when this was posted out? The auction has now finished two weeks, and on the listing, you said it would be
posted within two days. Please answer my questions!

Thanks

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10th May

Hello - I am again writing to ask you to provide a tracking number, for the PS2 I bought from you, over two weeks ago,
from ebay.

I have asked you for this many times, but have never received a reply with a number. Has it not been sent yet? If it hasn't, I want my money back. Your original listing said that the item would be posted in two days - this hasn't happened. I wouldn't have bid on the item, if you hadn't said this.

I have found myself with no other option than to report you to ebay, for not sending the goods I've ordered. What you're doing is against the law. The law states when someone buys something, that the person selling must send that item when
they receive the payment. You haven't done this.

In my five years on ebay, I've never had any problems - until now. You leave me little alternative than to report you, and I will
also be leaving unhappy feedback, as your listing was misleading.

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11th May

I didn't receive a reply from you yesterday. Ebay are now aware there is a problem with this listing.

Please can you tell me WHEN the package was sent, and give me the tracking number, as promised. Your listing says Royal Mail, 1st Class, Recorded. I've paid £8.50, and nothing.

We have been trying to contact the phone numbers with your information, but it goes straight to voicemail. Please contact us
immediately.

I don't believe the package has been sent yet, and want my money back, as a bankers draft, to my home address. Please
confirm you will do this. You have broken your contract with us, as per your listing, and we cannot wait any longer.

Please respond to this email today.
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Please respond to this email. Please send my package. If you haven't sent my package, please send me my 74 pounds back. I feel as if I've been fobbed off with excuses, every time I've asked when it has been sent. Please tell me the truth. I want what I have paid for. If you cannot supply that, then I want a refund.

If I don't get a response from you in the next 24 hours, I will be taking this onto a Small Claims court, as I just want what I've paid for.

I look forward to your reply.

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12th May

Yet another day has passed, with no response from you, and no package. I am seeking legal advice, as to what to do, whether to take this directly to the Small Claims court, or to the Police. I hope you will reply before midnight tonight, otherwise I shall have no option than to take this further. We have obtained your address and want this dealt with legally, so we get our money back.
Please respond urgently, I want this sorting out. 

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hi item was returned i i have been away working it was re sent yesterday afternoon went out standard parcels as i could not afford to send it singed AGAIN ,sorry for all the fuss i thought i got ur address wrong thats why i asked for it again,sorry for late replys i really am very busy.

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Standard mail is not acceptable! We have paid for Recorded delivery, as per your listing - I work in Mail Order - eight pounds is a lot of money for postage - I know roughly how much it should cost to send it to us. It also takes over two weeks for a package to be returned by the Royal Mail.

If the package doesn't turn up, and I can't track it, what then? The package isn't insured, and your description says it will be! This does not fill me with any confidence.

Thank you for replying.

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13th May

The package arrived this morning - to my home address. I had told you twice that I didn't want it to be delivered here, and wanted it to my work address, because there's nobody to take the package. On opening the package, it was nothing like the photo on your listing - the controller was a grey PS1, and there was no 8MB card, and no plug. Your listing has been very misleading. The only reason I bid on your item was because it included an 8MB card.
Can you please post the card to me, urgently. 

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14th May

In addition to the previous problems, the controller doesn't work with the console. We've had to go and buy another today.

I'm really unhappy with the outcome of this auction. 

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15th May

Please respond, my last message from you was three days ago - I know you have been online, as I saw you have been left negative feedback - I will have no other option than to do the same, given the lack of response to my queries. The PS2 was NOT in excellent condition and order. It was NOT the same as the picture on your listing, there was NO memory card with the box, the controller was a PS1 (grey) one, which doesn't work, there was NO plug with the box. Everything about your listing was wrong.

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An Unpaid Item dispute has been opened for the following item: sony playstation 2 ps2 excellent condition&order (psp) (#8280040416)
Reason given for Unpaid Item: The buyer has not paid for the item.
Buyer actions reported by seller: The buyer's payment has not been received.

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16th May

Why did you open a non-payment dispute on this auction, when you have already confirmed that you received payment from me, by email?

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17th May

shall we remove our bad feed back.. it was un called for i just dient want to sell,im sorry for that.

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Dear anidealcrash,

kerleyarcher has filed a request to mutually withdraw feedback for the transaction shown below. eBay allows members to withdraw feedback for a transaction if they both agree it is no longer appropriate.

If you agree to this request, the feedback you received AND any feedback you left for this transaction will be withdrawn at the same time. Withdrawn feedback remains in both members' profiles but is no longer counted in the feedback score. If you have not left feedback for this transaction, you may still agree to this request, but you will not be able to leave feedback at a later date.

Item/Feedback Information
Seller        kerleyarcher ( 15)
Item:        sony playstation 2 ps2 excellent condition&order (psp) (8280040416)
Date/Time:        26-Apr-06 16:11:31 BST
Feedback you left:       
 goods not as listed; faulty/broken. poor, awkward communication. Avoid.
Feedback you received:       
 sent them a perfect ps2&they complained and became very nasty+abusive POOR

Message from seller:       
sorry for all the fuss over this, i just wanted to try get a little more. 

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18th May

As per my last message to you, please respond urgently. The goods you sent were not as described or pictured, and I will not be rescinding the feedback, as I feel almost every aspect of the sale, was badly handled by yourself.

You left me bad feedback quicker than you do any questions I've asked you - ie, for a refund before it was posted, for a tracking number, when your listing says you'll send it first class recorded. The list goes on.

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remove the feed back and are send u the card, i simply for got the console works fine. will remove the payer complaint after all is resolved.

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 I will not remove the feedback. The console works fine, the controller doesn't work. I'm now taking this to the small claims court. Stop bullying me, and threatening me - send me what I paid for, or give me the money back.

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20th May

there are no updates any more. It looks like our seller has stopped emailing me, and now we're both waiting for our respective deadlines. Me, for the 'Item Not As Described' alert, him for the 'Non-Paying Bidder Alert'. We finally got through to him on the phone, after over three weeks of trying. He refused point blank to remove the Non Paying Alert, unless we agree to remove our feedback. Being very stubborn, there's no way I'm removing mine from him, so his to me, has to stay. Hopefully people will check here, and see how ridiculous he has been. I now have our bank statements through, so have paper proof we've paid him, as well as his confirmation of this. I can live with this negative feedback, as all you have to do is look at his profile, and you can see there's problems there. Hopefully it warns other people, who he's trying to fob off, with goods that aren't as pictured. We'll see. More updates if they happen...

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Spoke too soon there... a response to the 'Item Not As Described'

kerleyarcher            20-May-06 at 15:56:00 BST    
close this plez.

Oh! and a response to the 'Non-Paying Bidder Alert' too

kerleyarcher            20-May-06 at 15:55:24 BST   
ok great close the dispute with me and i shall with you, and oh yes thanks for the phone call.!!! 

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met with a swift, firm 

This dispute exists, as what we received, wasn't the same as on your listing. Send us what we paid
for, and I will close the dispute. (a power plug, a PS2 controller that works and the 8MB Memory Card)

from us.

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21st May (oh you didn't think it would stop there, did you?)
kerleyarcher            21-May-06 at 14:15:31 BST   
1stly whats with the perthetic phone call 2ndly i will send that when the feed back is removed then
after that i will send the bits then after that i will close the dispute.

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Shaun replied this time, as I was mid-workout on the EyeToy Kinetic

The "perthetic"(sic) phone call was to gauge what you wanted to do about the situation. The feedback
will not be removed as it accurately describes what happened, and will act as a warning to other
ebayers to think twice before buying from you.

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kerleyarcher            21-May-06 at 14:35:48 BST     
no the phone call i recived yesterday , many thanks.

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We certainly did not call you yesterday, the only call we've made  to you was on the evening of
Thursday the 18th of May where we talked for a couple of minutes.

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kerleyarcher            21-May-06 at 15:32:32 BST   
sure.good bye i will not be in any soryt of contact from NOW onwards.

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I'm emailing direct, rather than through My Ebay. Please respond.
It is becoming very frustrating. However, we're not going to accept any withdrawal of feedback - no matter how many times you ask us.
I have three questions to ask you, which we'd both appreciate a reply.
1. The PS2 you sold on ebay. Was it your PS2 which was pictured? If so, why wasn't the memory card, PS2 controller, or plug included in the package?
2. Why are you trying to make us remove your feedback? I am happy to let my negative feedback sit on my account, and don't care. The only thing which bothers me, is the fact you put in a 'Non-Paying Bidder' Dispute, when we have paid you. After numerous emails from you, it would seem you're only doing this, because you didn't get enough money for the PS2, that you wanted (if not, why didn't you set a reserve?) and you're not willing to remove the dispute, unless we remove your bad feedback. As we had tried to contact you via phone, email and via My Ebay for information about the package, which was eventually sent on the 11th May, we had to file a 'Items Not Received or Not As Described' Dispute, as from them not arriving, to them arriving incomplete, there's still problems.
3. We are more than happy to talk with you about this on the phone. I can assure you, the phone call you allege to have had yesterday, was not from us. I am happy to let the disputes carry on, until ebay get involved, and either refund us some of our money, or tell you that you have not worked on ebay rules, and penalise you in some way. Our home number is xxxx xxxxx - we are in all day. Ebay suggests that payer disputes should be sorted out by calling each other - I was able to find your mobile phone number, as it is clearly listed on a past auction of yours. Will you phone us?
Please be aware, we are not willing to remove any disputes, or bad feedback, unless we receive what we've paid for. If you send it, you have my word I will stop the 'Items Not As Described'. The dispute stays open for 30 days from the end of the Auction, which means you have until the 26th May. After that, it will go on to being reported to ebay, as that is ebay's procedure. However, if we recieve the PS2 controller, plug and 8MB memory card, I will stop the dispute. However, I will not remove the feedback.
I (jo) work in Mail Order, for a large company, so am more than aware where the customer (me) stands, with the seller (you). By law, you must send a person the goods they've paid for, once payment has been received. To send just part of the goods, means the customer (me) must have a refund, or the balance of the goods. That's as the law sees it.
We're reasonable people, and happy to talk. Please just respond in a rational manner to us.

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26th May

You really didn't expect him to reply, did you? Really... well, as of tonight, it is over 30 days since the auction ended (it feels like 300) and so we've had to up the claim to a proper ebay claim.

Dispute Escalated to eBay
Final Comments: It has been a month since this auction closed. In that time, you have threatened me, told me to close
this dispute, and you will then send the goods, and asked me to remove the bad feedback, and you'll send the rest of the goods. This is not acceptable. I have no option than to escalate this to a claim. We only want what we paid for from you. We paid for, and did not receive the PS2 controller, the 8MB memory card, and a plug. We've had to buy these, spending over 40 pounds in the process.

Still, the dispute is closed now. I wonder if he'll not realise, and will send the goods, thinking that we've backed down? I doubt it, but hey. More updates when they happen.

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13th June

Well, it's been a while, almost a month of a while. Got this email over lunch today.

anidealcrash, you have received an Unpaid Item strike

You were the winning buyer on eBay item #8280040416, sony playstation 2 ps2 excellent condition&order (psp). The seller, kerleyarcher has informed eBay that payment for the item has still not been received, or that the two of you were not able to come to agreement. As a result, you have received an Unpaid Item strike.

If you would like additional information regarding the item in question, please review the dispute details page.

Remember, repeated Unpaid Item strikes may result in your suspension from eBay.

You can appeal this Unpaid Item strike if you believe it is not deserved. First, read the requirements for appealing the strike. If you meet them, you can submit your appeal on that page. If your appeal is successful the strike will be removed.

If you have recently paid for the item or have otherwise resolved this dispute, you can ask the seller to remove the Unpaid Item Strike. 

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So, there we go, it's gone to appeal now. Who knows where this will go next... My reply, in usual me fashion went something like this.

 ==

Customer concern: I can supply a copy of my bank statement to prove this has been paid for. The seller sent the goods (would someone really send something if it hadn't been paid for?!), and confirmed this. He did this dispute as I originally started a dispute, as when we received the goods, they were nothing like the photo he had on his listing. I currently have an 'items not as received' dispute on this item. The reference for this is "eBay fraud protection claim number XXXXXX".

We received a PS2 from kerleyarcher, which came with no 8MB memory card, no plug, a PS1 controller, and a defective lead, which plugged into the television. The only thing which worked was the actual console itself. The items we received were nothing like the photo he had on his listing - in fact, the only reason we bid on the auction, was because it included the 8MB memory card.

I have faxed my bank information to ebay already, with my claim, so if you have access to that information, you can find my proof there. I also have copies of all emails that kerleyarcher responded to - only via MyEbay, unfortunately. I have also complained about this ebay seller, although was unable to have any action on this, as everything he sent me was via MyEbay, so had none of his original email headers.

In addition to the information faxed to ebay, there are sixteen pages of communications between myself and the seller.

My husband (Shaun) spoke to the seller once on the phone, he said if we removed the bad feedback, he would remove mine. If I closed the 'Item Not As Received' dispute, he would send the missing goods, and close this dispute. We told him we would do no such thing, he would have to send us what we've paid for, and then we would stop the dispute.

I find his behaviour threatening - and having been an ebay buyer and seller since 2000, I'm lucky this is the first time it has happened to me.

Please let me know if there's anything further I need to do. This entire auction has been very stressful. It was meant to be a birthday present for myself (jo), and has probably ended up being the worst ebay experience I've ever had!

regards

jo & shaun
(anidealcrash)
 ===

I'm not sure where this is now going. I'm just tired of it all. I'd really just like to get my PS2 controller, plug, and 8MB memory card and forget about it all. Weirdly, the ebay seller now seems to be dealing with people appropriately, and sending what he's put on his auctions. It's all very strange.