Ebay Problem Borderline Theft [Archive]

Infinity Cycle Supply LLC.

11-11-2006, 11:18 PM

OK, I am not one to cry to anyone but I have been seeing alot of EBay problems on here lately so I figure I will let you guys in on one I am having. Months and months ago I sold a Honda Pilot on eBay. Mistake #1 I let the guy pay using a credit card for the full amount. I ship the item to him, the merchant account flags the transaction due to the size so I do not get my money until I fax documentation and they hear from him. I do everything on my end he will not return their calls to authorize it. So I never get funded for the Pilot, and now he gets it and says it i snot what I said and he gets a list of parts from the Honda store he wants paid for before he will authorize the transaction on the credit card. These parts total over 1200 dollars, and were not really bad to begin with. He says their is scratching in the fender etc :crazy: Anyways I say well I just want it back and we will forget about this. Now he will NOT RELEASE my Pilot until he is paid for the money he paid to ship it over to him 660 dollars. I contact the police and everything and tey say that there is nothing they can do and I have to settle it with him. So I have my attorney draft up a contrct and send it with a check for the amount to his attorney so in hopes I can get the thing back. Now keep in mind ebay shut his account down since then. Now two weeks go by and no word from him or his attorning stating I can have it back etc. What gives??? I consider that theft, the law does not and the police will not even help. Any suggestions that are legal:drool:

Orangecnty250r

11-11-2006, 11:25 PM

Infinity Cycle Supply LLC.

11-11-2006, 11:46 PM

Honestly, I know this may not be cost effective but for a machine easily worth 5-6k if it were mine I can say I would have flown out to where ever he is and met face to face.....brought all documentation and pulled the authorities in if necessary....police might be more inclined if you are there

I called there and here, the police say it is a cilvil matter and they really cannot do anyting about it. now it is probably gone and I am out yet another Pilot. remember I had one in a new trailer stolen earlier this year and my insurance didnt cover that one as well.

Infinity Cycle Supply LLC.

11-11-2006, 11:48 PM

Buyer

http://offer.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewBids&item=190017800174

auction

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=190017800174

Orangecnty250r

11-12-2006, 12:04 AM

I called there and here, the police say it is a cilvil matter and they really cannot do anyting about it. .

Thats why you need to show up at his door...I am not being a wise guy...you need to go there

Infinity Cycle Supply LLC.

11-12-2006, 12:27 AM

Thats why you need to show up at his door...I am not being a wise guy...you need to go there

I guess that is what probably is going to have to happen. I am going to give the atty a few more days and then I guesss plan a trip out there. I am kinda unsure where to find this guy at. Probably used fake address

dizasterzrfun69

11-12-2006, 12:46 AM

wheres he located? (which state) Thats some BS Do you have the title for it?? If you have the title/registration i dont see how he could legally keep you from getting it back.

ATC-Eric

11-12-2006, 01:12 AM

I am kinda unsure where to find this guy at. Probably used fake address

How did he get it? pick it up at a shipper? I second the whole show up at his door. That is messed up, showing up would probably freak him out. I would ask ebay if they will give you his listed address.

Ebay, and paypal just get on my nerves! I would never ever go through paypal or other credit merchants for more then a couple hundred dollar transaction. Someone always ends up unhappy.

Infinity Cycle Supply LLC.

11-12-2006, 01:38 AM

Tucker Kelly is from NJ, I am from Ohio. He had the vehicle picked up by a logistics company here. There are no titles for that pilot due to its age although it can easily be proven I own it, bills of sale from a dealer ship etc. To be honest I am nervous to drive over there. Maybe a fake address, maybe he moved, maybe it is gone etc. I have a EXTREMELY bad temper when people push my buttons so I always shun away from situation that could cause a problem. I do not see why a atty and police cannot figure this out. I know I had alot of problems over driver under a suspended license, why is stealing 6 grand from a business not as important to the law???

firefirefire90

11-12-2006, 01:49 AM

Take a Louisville Slugger right up to his door, and ask kindly for it back. If he says no, he knows what will happen. Bring all your friends along to, 2 beats one every time...

88 Turbo Coupe

11-12-2006, 07:53 AM

Call the prosecuters office in the county he is in and explain the situation. What town in NJ? Might be close to me. I would maybe like to meet him.

dirtface

11-12-2006, 08:27 AM

All of this stuff about you owing him $1200 for scratched fenders and parts is bull. Your pictures are very clear and show scratches in the fenders and minor rust on the frame. So he knew what he was getting. The good thing is that you are both on the east coast. Like you said, I would wait a couple more days, then I would be taking a trip. We not just talking about a fifty dollar part here.

vintagemotorsports

11-12-2006, 11:38 AM

It would be worth the road trip . I have showed up at customers doors for alot less. I dont know what the laws are in Ohio or NJ but I have taken people to civil court for a few hundred dollars and if they dont show up etc you can have a warrant put out for there arrest. The only problem is you dont really know who you are dealing with I would want police backup in case it gets ugly . basically he has stolen goods at this point and anything over I think $2000 is a felony.

ATC-Eric

11-12-2006, 12:28 PM

basically he has stolen goods at this point and anything over I think $2000 is a felony.

In Missouri, anything over $500 is a felony.

Infinity Cycle Supply LLC.

11-12-2006, 12:37 PM

In Missouri, anything over $500 is a felony.

He is in or around the dover area. If anybody is close to there and wants to have alittle fun we could work some FiNdErS fee's out. Would save me alot of gas and time. :lol: :twisted: :twisted:

xd 200x

11-12-2006, 05:57 PM

why did you send the check to his lawyer? (things of low priority tend to sit in in boxes for long time) Have your lawyer call his lawyer. I dont know if he can even push the issue about the fenders because they are clearly cracked in the pictures. sounds like a cheep ass who does not want to pay and figured out a way to do it. I would just take your turck a check for $660 and go get it.

Dammit!

11-12-2006, 07:31 PM

Can't you report it stolen? You have the VIN and receipts.

Infinity Cycle Supply LLC.

11-12-2006, 07:35 PM

Can't you report it stolen? You have the VIN and receipts.

I will post a update tomarrow or tuesday after i talk with the lawyer

phreakboy

11-12-2006, 07:40 PM

A good friend of mine had a problem sort of similar, We had fixed a tractor trailer and the people paid the bill by credit card, it was around $4000. Then they left and when they got back to maine they called their credit card company and stopped payment. Well his solution was to talk to the credit card company and wrote down the name of who he talked to, then He sued the owners of the truck, the credit card company, the people that make his credit card machine and the lady that he had talked to at the credit card company that had allowed them to cancel payment. That one was the ticket and the credit card company and the machine company split the bill and paid him. Sometimes you just have to get creative. Ask him if someone else can just pick it the hell up for you, I could help you out getting it and storing it until you could get it, I am about and hour from dover.

jason 32

11-12-2006, 09:33 PM

hi- nice machene!!!, the scratch is in the picture!!
whats the problem???
i would be pissed,-- isnt that some kind of fraud? - federal?-(refusing to pay for item shipped?)
i would want lawyer fees back as well!!!
i hope you get it squared up:Bounce

Infinity Cycle Supply LLC.

11-12-2006, 09:54 PM

I think I just need to get really serious about this tomarrow. If anybody could help with pick up etc and store it until I could come I would be forever in debt. Shipping that thing back ltl would be about 700. So I would rather drive it. Now supposevly he is in the right because I did not disclose that information in the add, and it does not say as is where is so shame on me. there is a fair practices consumers act that protects him and I think entitles him to the money he is out for shipping. Thats where the 600 and some dollar money order with his atty came abouts. It was put in some special account or something like that so they cannot put there hands on it until confermation the pilot is on its way back to me. I do not think that is fair it says right in the add his responsibility for shipping pick it up yourself, lucky for him I crated it etc. If he drove here would I have to pay for his gas I mean WTF. The consumers fair practices act thing they spouted about actually entitles him to his atty fees be paid if he wins. I really do not know where to go with this..

phreakboy

11-12-2006, 10:00 PM

Like I said if you need help with getting it and storing it, just let me know and we will get it taken care of, I will P.M you a number that you can get in touch with me.

jason 32

11-12-2006, 10:17 PM

????
he agreed upon it ,purchased it ! now he doesnt want it! too bad!!!
the sscratches were in the pics,its not perfect!
you didnt list it as -restored!
im guessing he changed his mind thats all there is to it
he should be out the shipping not you

Infinity Cycle Supply LLC.

11-12-2006, 10:33 PM

junkrider

12-01-2006, 06:25 PM

So what happened with this? I have friends that live in Dover NJ, and I go past there 2 times a day on I-80.

Infinity Cycle Supply LLC.

12-01-2006, 07:34 PM

Time for a blanket party!! and I hope the thief is reading this!!!!:crazy: :crazy: :twisted:
He is just so sneaky. I have no real address for hte guy just his name. I got a phone number etc. Any body have any good ideas. I need a atty over there possibly if anybody knows one. The ZIP for the phone number is 07305 which is hudson county jersey city. the name on the credit card they used and the name on the phone is Brooke Rogers. His name is Tucker Kelley. You cannot find any information about him though. I have tried unless somebody is good with computers on here maybe they could find him. There phone number is 973 7844162

PLEASE HELP

Bryan Raffa

12-01-2006, 07:37 PM

call information and see if they will give you a adderess they do here in NY
just tell them the number and zip...;)

Infinity Cycle Supply LLC.

12-01-2006, 07:40 PM

call information and see if they will give you a adderess they do here in NY
just tell them the number and zip...;)

OK I just did and they said they have nothing in their directory under that number. Maybe somebody could try that is in NJ

Bryan Raffa

12-01-2006, 07:46 PM

just tryed.. it is jearsy city but thats all they have...:(

junkrider

12-01-2006, 07:47 PM

hudson county isn't dover. I think Dover is Morris.

I have a friend whose brother is a cop in Newark, and a very close friend who has contacts in most PDs in North Jersey. I can see if I can get a favor. I can't promise much, but hopefully we can get a ball rolling here.

-mike

Bryan Raffa

12-01-2006, 07:47 PM

maybe a friend in law inforcement could do better with a addy?

junkrider

12-01-2006, 07:59 PM

nice. I shall see if anyone can lend a hand. might take a few days.

Are you sure "Tucker Kelly" is definitely the real name? I noticed there is a dog Tucker Kelly in North Jersey, and a VP of investment sumthin-or-other in Mass.

Kind of an unusual name (Something about Mary??? lol)

junkrider

12-01-2006, 08:31 PM

Infinity Cycle Supply LLC.

12-01-2006, 09:01 PM

lol. i dunno. I got screwed for 2500 once, dude scammed a bunch of folks for engines. I was young and dumb, paid up front. Dude split with a lot of folks cash, and mine. So I'd just like to see a scammer get caught.

I would think a lawyer talking to a lawyer would be able to negotiate something. Obviously, someone has to have a confirmed address (or the guy wouldn't be able to pull the consumer-protection card?) if lawyers are involved. Why cant your lawyer get you a real address?

Well this is deep with the dude. I know for sure that the card holders real name is Brooke Rogers as for him I can only assume that is correct. His attorney just tells mine that he hasnt heard anything but we should have a deal. Then never returns my phone calls. My atty here now tells me to hire NJ counsel and go after him, which I am more than happy to do. Please advise of a good atty in that area. The atty he is using is Pennella & Claps, 8 South Morris St, Suite 001 Dover, NJ 07801. the name refferenced with the atty is Tucker M. Kelley. If somebody could please advise with a good atty over there I could use and also if somebody could pull a card and run some names etc for a address I will be more the appriciative. Pleae help.. :cry:

Bryan Raffa

12-01-2006, 10:25 PM

;) :D :) :cool:

Infinity Cycle Supply LLC.

12-02-2006, 12:26 PM

;) :D :) :cool:

Just an update, I talked to TUCKER KELLEY last night on the phone. No progress was made of course. I then contacted the Police in his area who told me I have to file a report locally first. So I am going to go on Monday down to the station and start the process of which I am sure will get drawn out for a long time. He is also trolling around in here watching what we say about him LOL. He also told me I have to much time on my hands because I type on here, whats that make somebody who follows somebody around on the PC?? You worried about something TUCKER KELLEY?? I am sure you will be hearing from the police and a NJ atty shortly. BTW why are you looking peoples information from on here and calling them??

HI TUCKER KELLEY :welcome:

Orangecnty250r

12-02-2006, 01:31 PM

A funny thing I just read an article that two lawyers were charged with theft of services in my area because they went to the impound lot and got their cars out late at night after they were towed for parking them in an off limits lot while they went to a fancy restaurant..With this pilot this is not only theft of services but probably grand larceny...He will eventually do more damage to himself with the law and financially than the amount he is trying to scam from you....whats goes around comes around and hell get his. Ebay is no Joke and he is not fulfilling his end of the contract in no way, shape, or form...good luck

brapp

12-02-2006, 01:52 PM

if you had a address aqnd a real name i could always go reposes sit for you. but you would ahve to get a repo notice and send it to me .that way i dont get arrested for stealing something. but its what i would do. try and find an address and mabey we could work somethign out f i can find the machine.its probaby a kid that bought it with his mommys credit card or soemthign liek that.

Bryan Raffa

12-02-2006, 05:01 PM

oh its grand theft for shure!:welcome: Tucker!

Dirtcrasher

12-02-2006, 07:18 PM

:mad: Man, this stinks. This "RHYMES WITH TUCKER" Smelly Kelly fella has ripped you off. And your time and attorneys fees could easily be higher than the actual cost of the sale. It simply isn't right, I'd imagine that even if you gave him back a grand he'd just keep that and still screw you over.

Was it a PAYPAL credit card payment? Your a buisness - correct? So maybe it was done simply as a purchase through your buisness....

I guess at some point we will all have to only accept certified bank checks or postal money orders. Paypal screws sellers all the time too and can't be trusted as safe.

We live in a society in which it is simply to easy for someone to shaft us and very expensive and difficult for us to get it back.

Unrelated long story short - My builder kept about 10K and wouldn't pay my septic system installer 8 years ago, he said it was too much at 9600$ for a 300ft long system:wondering and decided to give him NOTHING!! Subcontractor then put a lein on my home and continually harassed me. 3 years, 4000$ and 2 lawyers later I won my case and the lein was dropped. but I couldn't sue him for the money it cost to defend myself. It also cost me 5 years of the fear of losing my home, stress, anxiety and the fear of a huge verdict in his favor. I actually offered him 2500$ and the promise to help him sue the builder before the court case against me started and he refused. In the end we both lost. I wanted to send him a letter after I won letting him know how stupid he was for working against me rather than with me.

Violence or stealing it back (by you or someone associated with you personally :naughty: ) won't help, court is the only way and the long expensive way.

Imagine if you were broke and this sale was to get you out of a foreclosure or something. Good luck to you, keep us posted as we all learn from these bad dealings.

jmsmilin

12-04-2006, 11:14 PM

4 questions:

1. why arent you a reg. user anymore?
2. you run a business, why in the world didnt you get his address and disbursement of funds from the CC company prior to releasing the atv
3. why dont you sue him, its cheaper than a lawyer, you file it at the court house or clerks office for fairly cheap, about $25 or so. Then you get that money reimbursed as part of the suit if you claim court costs as well. A Police Officer will deliver the subpoena on behalf of the court and if he doesnt show you get a default judgement, or with all the proof you have he should lose if you actually go to court. Most smart folks will settle out of court.
If he doesnt pay, you get a writ of execution and this attaches a lean to any of his property by you, making it impossible for him to sell anything, could affect his credit etc. if I remember correct. Also the whole time he doesnt pay you get something near 10% interest.
Too easy.
4. last WHY THE HELL ARE OLD HONDA PILOTS SO DAMN EXPENSIVE?!