Burned...

[Roadie]

I'll share a story in the hope that it helps others.
I found a cue on craigslist. It was in another state and in a town where I have friends who I occasionally visit. I offered to shoot some pool next time I came to town.
I offered to pay via paypal, but he requested a money order. As a result, I ended up with his address before the transaction was completed and I received the cue. I also had his phone number at that point.
After ample time, I tried to contact him to ask why the cue hadn't been delivered. He didn't take my calls, but rather emailed me. I was okay with that as it provided doumentation. He quickly told me it was lost by the post office. He had not insured or tracked it in any way. I asked him to discuss it with the post office before assuming it was lost. He offered to refund me via paypal and I refused. I told him that I wanted the cue and would wait to see if it showed up. Failing that, I told him I would not accept paypal and woudl only take a money order.
When he quit communicating I emailed and told him that blaming the post office without proof of shipment constitues mail fraud. I gave him some time to respond or mail the cue, telling him I would contact the authorities if neither happened. After no response, I started with my local police department. A detective who thought it was a civil matter decided to help. He asked if I wanted a refund ro the cue. I told him I preferred the cue. He called the seller, and guess what showed up?
The cue was poorly packaged, but it was insured and tracked. The envelope I mailed the money order in was used for a shipping label. It had been crumpled up at some point.
I'm still uncertain if I had any legal standing, but it worked out.
So was it a bluff or not?
Karl

I don't think that it's mail fraud to claim something was sent through the mail when it was not. However it is wire fraud to use the internet and telephone service to solicit money with no intention to deliver goods or services. I think that this is a federal felony regardless of the amount when the crime occurs over state lines.

In the current case it would definitely be mail fraud on teh sender's part to use the postal service to claim he shipped a product which was not sent. Weight is about the only way to determine whether anything close to the item was in the package or not.

Were I the receiver I would definitely go to the postmaster of the post office responsible for the delivery and check my options for filling a complaint and or charges. In your case you did well to get the police involved. I do not think that it is purely a civil matter but laws vary and the enforcement of laws vary.

 

[kickshotkid]

I don't think that it's mail fraud to claim something was sent through the mail when it was not. However it is wire fraud to use the internet and telephone service to solicit money with no intention to deliver goods or services. I think that this is a federal felony regardless of the amount when the crime occurs over state lines.

In the current case it would definitely be mail fraud on teh sender's part to use the postal service to claim he shipped a product which was not sent. Weight is about the only way to determine whether anything close to the item was in the package or not.

Were I the receiver I would definitely go to the postmaster of the post office responsible for the delivery and check my options for filling a complaint and or charges. In your case you did well to get the police involved. I do not think that it is purely a civil matter but laws vary and the enforcement of laws vary.

You are absolutely correct om both matters, and on the seller was definetly up to something on Kc's transaction. I am definetly moving forward to charge JF forney with fraud and i am sure the federal law enforcement can find a few more charges. That is if they can find or figure out who this guy really is. I actually no alot about con men and scam artists and no I am not one myself, but this guy definetly fits the profile of a pro. One of the people I talked to recently in the USPS told me he couldn't find a J forney in NY, the only one close was in IL...

 

[kickshotkid]

You should in the sticky on the for sale section about your experience as well....

Paul

I would definetly do that, unfortunelty I have no idea how to. So if anyone wanted to help me with that I will have no problem Stickying this to the sale forum.

 

[JoeyA]

Stay the course.

I just read a major portion of this thread and am sorry for your loss. It's always a good idea to get to know your seller (references, phone numbers, street addresses and correspond with them.).

I see that the post office and the seller have been accused of this lost/stolen item and now it appears that the seller is the flim-flam man.

What I didn't see is anyone suggesting that the cue could have been removed from the box at the door where it was left by USPS. If I missed it my bad.

Anyway, insurance is INSURANCE like many have already said.

This story sucks donkey ***** but the guy who came out on the losing end, did us all a big favor by posting this story and sticking with it to this point.

 

[kickshotkid]

I just read a major portion of this thread and am sorry for your loss. It's always a good idea to get to know your seller (references, phone numbers, street addresses and correspond with them.).

I see that the post office and the seller have been accused of this lost/stolen item and now it appears that the seller is the flim-flam man.

What I didn't see is anyone suggesting that the cue could have been removed from the box at the door where it was left by USPS. If I missed it my bad.

Anyway, insurance is INSURANCE like many have already said.

This story sucks donkey ***** but the guy who came out on the losing end, did us all a big favor by posting this story and sticking with it to this point.

Thanks JoeyA long thread short, NYcues is a Scam artist he sent a empty package with out a lid and it took almost two months for me and the USPS to figure it out. The red haring was the postage he paid which was $1.70....