Author Topic: Bait and Switch  (Read 1797 times)

Offline Jim Mc

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Bait and Switch
« on: November 27, 2009, 08:00:34 PM »
The first is a picture of the phone I "won" on Ebay.  The second is the phone I received from the seller.

Obviously, the phone in the listing picture is in better shape and it has a metal dial wheel.  Can you tell from the listing photo if it is a G1 handset?  The one that came on my phone is a G3 handset.

I suspect the seller lifted a picture from another auction (and probably one that sold for a decent price).  I've got a email to the seller asking to ship the the correct phone or refund my money, but if they don't respond, what rights do I have through PayPal?  Can anyone give me some tips?

Offline JorgeAmely

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Re: Bait and Switch
« Reply #1 on: November 27, 2009, 08:27:39 PM »
I think you have a right to a claim because the seller didn't ship you what the picture shows.
Jorge

Online Dennis Markham

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Re: Bait and Switch
« Reply #2 on: November 27, 2009, 08:28:30 PM »
Jim, I would not be happy with that transaction to say the least.  The phone in the top photo is a refurbished phone as evidenced by the tapered end that comes out of the G1 handset (yes, it is a G1 handset.  You can tell by the groove).  Also if you look closely the feet appear to be round which means they were changed somewhere along the way.  (Maybe not on the round feet---hard to tell).  Still, a much better phone than what you see in photo #2.  

Do not leave feedback until this is resolved.  You have the "negative" hanging over the seller's head.

If you paid by PayPal as you indicated, then log on to PayPal.  There should be a link there for starting an "incident'.  I can't recall the exact terminology but there is a "Resolution Center" where you can dispute this transaction.  They will be very helpful at PayPal, at least that has been my experience the one time I had to do that.  It may take a little while but they'll investigate right away.
« Last Edit: November 27, 2009, 08:30:24 PM by Dennis Markham »

Online Dennis Markham

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Re: Bait and Switch
« Reply #3 on: November 27, 2009, 08:30:47 PM »
Jim, by the way, who is the seller?

Offline Phonesrfun

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Re: Bait and Switch
« Reply #4 on: November 27, 2009, 08:31:29 PM »
You definitely got baited and switched!  A practice that unfortunately happens.  I have not had this happen, but have heard of it happening to others.  I would contact the seller immediately and I would contact e-Bay and Pay-Pal at the same time.  The seller needs to know from the start that you are going to hold him or her responsible.  I would, however give the seller a chance to refund the money (all the money plus your cost to ship it back) before leaving a negative feedback.

The seller will probably claim a phone is a phone is a phone, but we all know different.


-Bill G

Offline Brinybay

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Re: Bait and Switch
« Reply #5 on: November 27, 2009, 08:36:11 PM »
This is fraud.  No excuse for it.  If they don't make it right, complain to ebay and Paypal at the least.
The idea that a four-year degree is the only path to worthwhile knowledge is insane.
 - Mike Row
e

Offline benhutcherson

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Re: Bait and Switch
« Reply #6 on: November 27, 2009, 10:36:55 PM »
You did definitely get cheated on this one, and have a very good reason to complain.

With that said, though, definitely give the seller a chance to make it right. Not only is this the right thing to do, but hopefully the seller will pay the return shipping also.

If that doesn't work, file "Significantly not as described" with Paypal. Assuming this goes through, which it does even 99.9% of the time even on claims that are not legitimate, you will get a refund plus shipping. The only downside to this, though, is that you have to pay out of your pocket for return shipping and delivery confirmation.

Online Dennis Markham

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Re: Bait and Switch
« Reply #7 on: November 27, 2009, 10:41:44 PM »
As Ben and Bill pointed out, giving the seller a chance to make good is always the best as there may be some confusion.  I once bought a phone and after a long period of time it hadn't arrived.  The seller had sold two items, one to me and something completely different to someone else.  She sent both items to the other person.  We had similar names and she (the seller) became confused.  Once she figured it out I got my phone, an Ivory 302.

Things like that DO happen so it is always best to contact the seller first, giving them the benefit of the doubt.

Offline McHeath

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Re: Bait and Switch
« Reply #8 on: November 28, 2009, 12:48:24 AM »
Yup, that's a classic switcharoo, and I'd be looking to get my money back as well.  Maybe, just maybe, the seller has a couple of black 500s and does not know one from another, best to check first I guess. 

Offline Jim Mc

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Re: Bait and Switch
« Reply #9 on: November 29, 2009, 09:47:33 AM »
I finally heard back from the seller only AFTER I initiated a complaint with Ebay and PayPal. His excuse was that several months ago,, he sold another black phone and must have shipped out my phone to that buyer by mistake.  I guess he wants me to believe that he had two 50s phones several months ago, took pictures of both of them but didn't list one.  Then, months later when it came time to sell the second, he chose the wrong photograph. Maybe it took him a day and a half to come up with this story.  Anyway, he says to ship back the phone and he'll refund my money.  I said thanks, but please refund the money and once I ship the phone I'll let him know how much he owes me for the additional postage. Surprise, no response.

Online Dennis Markham

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Re: Bait and Switch
« Reply #10 on: November 29, 2009, 10:03:12 AM »
Jim, I wouldn't settle for anything less than a full refund and if he wants the phone back, he pays the shipping.

Offline AtomicEraTom

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Re: Bait and Switch
« Reply #11 on: December 01, 2009, 12:39:16 PM »
People like this give all eBayers a bad name.
I am a lineman for the county and I drive the main roads. Searchin' in the sun for another overload.  I hear you singin' in the wires, I can hear you through the whine, and the Witchita Lineman is still on the line.

Offline LarryInMichigan

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Re: Bait and Switch
« Reply #12 on: December 01, 2009, 01:51:23 PM »
I seriously doubt that the seller intentionally advertised one phone and switched it with another.  I don't think that anyone would be stupid enough to think that a buyer wouldn't notice and complain.  My guess is that he is just careless and possibly inconsiderate.  Unfortunately, the stated Paypal policy is that, in a case like this, the buyer is responsible for shipping costs.  It is best to use a credit card when paying through Paypal so that you have the opportunity to dispute the charge with the card issuer.  A while back, an experienced ebay seller told me this.

Larry