UVA Grad's Goods

The Politics of God

from:      eBay <bestoffer@ebay.com>
to:         meghan@meghanfitzpatrick.com
date:        Jul 30, 2007 6:15 PM
subject:  eBay Offer Declined Notice: AZZARO Super Sexy Jersey Dress NWT $3275 Sz 6

Dear mlfvb,
Your offer has been declined on the following eBay item:

AZZARO Super Sexy Jersey Dress NWT $3275 Sz 6

Your offer price: US $99.00

Seller terms: $99, are you kidding me? And from a seller with high end goods in your site. How would you feel someone wasting your time offering 8% of your listing price? Go waste soemone elses time , you are blocked from ever shopping here!

BIN price: US $1,299.00
Item number: 150128313034
Seller: ricysue

Reported Problem / Initial Response:

By Filer
eBay User ID zebragazebo

Reported Problems:

* Payment sent but merchandise not received.
* No response to my messages.



Further Details About the Problem:
I've bought from this person before, so I know that "she" can be responsive. I have two Paypal accounts. The one associated with my eBay account "ZebraGazebo" is currently frozen because they want more information from me. In the meantime, my eCheck was clearing for the dress I bought from UVA Grad's Goods. The check DID clear from my bank, but is now being held in my paypal account. I FELT SO BADLY ABOUT THIS, that I used an old paypal account to pay and the payment went straight through. All $757 of it. I've emailed this person, "Meghan Fitzpatrick" SEVERAL times to try to get a response. I BEGGED for a response. I needed to know I wasn't being swindled. I asked for user information, and that yielded a phone number belonging to a nice elderly couple who is sick and tired of people calling their home for a Meghan Fitzpatrick. I have decided to pursue this matter in Virginia Small Claims Court. The above couple agreed to give a notarized statement.

Requested Solutions:

* I would be willing to accept a full or partial refund. ($757.95)
* I would be willing to contact the shipping company and find out what happened.
* I would like the other party's help to file a shipping insurance claim if possible.
* I would like the merchandise to be shipped to me as soon as possible.
* I would like the other party to complete the transaction.



Further Details About the Solution:
If the item is being sent, I would like a TRACKING NUMBER. If not, I want a full refund IMMEDIATELY.


By Respondent
eBay User ID mlfvb

Response:

* I am willing to discuss this with the other party. You filed an Item Not Received dispute on the exact same day that your e-check cleared, which is not fair to me. When a Buyer files an Item Not Received dispute, PayPal immediately extracts the Buyer's payment from the Seller's account. That said, I have not received payment for the Versace dress and thus I have not sent it. If you would kindly end your dispute, then PayPal will re-deposit your payment into my account at which point I will gladly mail the dress.



Mediator
Wed, Jul 18, 2007 10:13 AM (PT)

Jennifer Katz and Meghan Fitzpatrick:

I am the SquareTrade Mediator assigned to your case. Thank you for trying to resolve through mediation your dispute related to your eBay transaction # 300127271750.

1. THE PURPOSE OF MEDIATION
The purpose of mediation is not to determine which of you is right or wrong, but to help you decide whether your dispute can be resolved with a mutually acceptable agreement, or not.

2. MY ROLE AS NEUTRAL MEDIATOR
As a neutral mediator, I will help you communicate and negotiate an agreement. However, I am not a Judge. Thus, I do not decide which of you is right or wrong, nor can I dictate the terms of your settlement. The decision on whether and your dispute can be resolved – and how - is entirely yours.

3. HOW THIS PROCESS WORKS
In the next message I will ask you some questions about your case. And I will also ask you to clarify your proposals to settle your dispute. If you can negotiate an agreement on your own, I will write up and post a settlement agreement for you to accept; otherwise, you will have these 2 options:

Option #1 - Close this mediation. You will be at the same point you are now, and will retain the right to pursue your dispute in any other way you deem appropriate.
Option #2 - If appropriate and requested by both of you, I can suggest a resolution to settle your case. Keep in mind though that my resolution is not binding – either of you will be free to accept or reject it. If both of you will accept my suggested resolution, I will post a settlement agreement for you to accept; otherwise, this mediation will be closed without any agreement.

4. SQUARE TRADE and EBAY
We are not eBay; we are an independent online dispute resolution company. Thus, if you have any questions related to eBay policies, please contact eBay directly.

4. HOW WE WILL COMMUNICATE WITH EACH OTHER
In order to help you communicate and negotiate an agreement, I will be sharing information between the two of you. Consequently, all your messages will be read by the other party. I would appreciate it if you answer my messages within 48 hours through this Case Page.

5. YOUR CASE
I have read the information you have submitted. In the next message I will ask you further information not only about your transaction, but also about your proposals for settling your dispute.

If you have any questions about this mediation process (its purpose, how it works, and my role as neutral mediator), please let me know as soon as possible.

Giuseppe Leone



Mediator
Wed, Jul 18, 2007 10:16 AM (PT)

Jennifer Katz and Meghan Fitzpatrick:

As you read in my previous message, the purpose of this mediation is not to determine which of you is right or wrong, but to help you decide whether or not your dispute can be resolved with a mutually acceptable agreement.

With that goal in mind, please help me understand better your dispute and your proposals to settle it.

1. BOTH OF YOU
1.1 Did you exchange any information before the Buyer’s winning bid?

2. JENNIFER KATZ ONLY
Seller’s listing read “Seller's payment instructions: Payment is due within one day (i.e. 24 hours) of auction end”
2.1 When did your auction close?
2.2 And when did you send your payment? Can you send Seller (meghan@meghanfitzpatrick.com) and me (evidence@squaretrade.com) any Paypal receipts you have to prove when Seller received your payment?
According to Seller, you filed a “Item Not Received” claim against her.
2.3 If that is correct, when did you file that claim?

3. MEGHAN FITZPATRICK ONLY
3.1 Do you still have item # 300127271750?
3.2 What was the total amount owed by Buyer for your item (including shipping)?
3.3 What is your Paypal account/email address to which Buyer should have sent her payment?

4. BOTH OF YOU
4.1 Is there anything else you would like to add?

Please let me know.

Giuseppe Leone



Mediator
Fri, Jul 20, 2007 8:54 AM (PT)
TO: Meghan Fitzpatrick
CC: Jennifer Katz (For your information - No action required)
=================================

Meghan Fitzpatrick:

I do not have a record of having received a response from you to my message of July 18. If you are having technical difficulties in reading or responding to my messages, please contact our Customer Support for assistance.

I am more than happy to help you and Jennifer Katz find a way to resolve your case in a way that is acceptable to both of you. But, unless I hear from you, I will not be able to do so.

If you are willing to resolve your dispute with Jennifer Katz through mediation, please answer the questions I asked you in my previous message.

Giuseppe Leone



mlfvb
Fri, Jul 20, 2007 11:53 PM (PT)
1.1 No

3.1 Yes
3.2 $757.95
3.3 meghan@meghanfitzpatrick.com

4.1 PayPal refunded her payment.



Mediator
Sat, Jul 21, 2007 12:11 PM (PT)

Meghan Fitzpatrick:

In response to my previous messages, Jennifer Katz wrote these messages:

====
I can certainly provide Paypal proof of payment. Sending within 5 minutes. I filed the claim two days after my payment cleared because I was not receiving any response to my numerous emails.

When I first paid for the item, I paid via eCheck from my Paypal account "joggerjen@gmail.com". Unfortunately, I was having a dispute with another eBay buyer, and my account was frozen before my payment to "Meghan Fitzpatrick" went through. I FELT SO BADLY, I IMMEDIATELY USED ANOTHER VERIFIED PAYPAL ACCOUNT TO SEND IMMEDIATE PAYMENT. That is when I had sent NUMEROUS emails to "meghan" asking for confirmation and to get a tracking number. I called the number listed with eBay, and it took me to an elderly couple who is sick and tired of receiving phone calls asking for a "Meghan Fitzpatrick". They are so fed up, they agreed to give a notarized statement to help my small claims suit against "her".

So to answer the question, a good week had passed from the time I won the item to the time I filed a claim.

=

Also, in addition to either receiving a full refund OR receiving my merchandise, I would like the FALSE negative feedback removed immediately.

=

I forwarded the Paypal receipt to evidence@squaretrade.com as directed.

=

I doubt very much that you'll be hearing from "her". She has taken to slandering me on eBay instead. It doesn't phase me though.... I just want either my dress or a full refund.
===

(PLEASE READ MY NEXT MESSAGE)



Mediator
Sat, Jul 21, 2007 12:15 PM (PT)

Jennifer Katz and Meghan Fitzpatrick:

Thank you for your messages, which I sent you separately because of their total length.

In order to try and resolve your dispute, it is important that we share the same information.

Jennifer Katz sent me a copy of her Paypal payment (tx # 3HK36003A7701901L) of $757.95 to meghan@meghanfitzpatrick.com on July 10 for item # 300127271750. But Meghan Fitzpatrick claims that such payment was refunded by Paypal.

1. MEGHAN FITZPATRICK ONLY
1.1 Is it correct that on July 10 you received a $757.95 Paypal payment from Buyer?

1.2 If so, why didn’t you ship Buyer's item?

1.3 Can you provide any specific information to back up your claim that Buyer received a refund from Paypal? For example:

* When did such refund took place?
* Which was the related Paypal transaction number?
* Who initiated that refund: you or Paypal? And why?

Please let me know.

Giuseppe Leone



mlfvb
Sat, Jul 21, 2007 1:22 PM (PT)

1.1 Yes

1.2 On July 12, she filed an Item Not Received claim and thus PayPal reversed her payment, or extracted it from my account. She had no right to file this type of claim at this time. My listing ended July 5. It clearly stated that payment was due within 24 hours. She contacted me after the listing ended to tell me that she was having problems with her PayPal account and that she couldn't send anything but an e-check. I was not pleased that I would not receive payment within the specified amount of time, but I agreed to accept this form of payment as opposed to canceling the transaction. Her e-check did not clear until July 10, on which I happened to be out of state. Upon clearance of her e-check she sent me a series of disturbing e-mails, the transcripts of which I am more than happy to provide. Upon reviewing them, I'm sure it will become very clear to you as to why I chose not to respond to her and why I was very wary about going through with the transaction. She unfairly filed the Item Not Received claim on July 12, a point in time by which it would have been impossible, based upon my shipping specifications, for USPS to deliver the dress. At that point I attempted to make her realize my opinion that she was behaving irrationally, which is when she began to further attempt to intimidate and harass me. By her own admission she created another eBay user identity that she used to bid on and win six more auctions of mine with the sole intent to publish slanderous negative feedback against me that I have already reported to eBay who removed it and suspended her alternate account FASHIONMISSION. She had given me so much unnecessary trouble up to that point that I decided to ignore her. PayPal would have automatically issued her a full refund were I not to respond. I, however, refunded her payment on July 19.

1.3 Yes.

* July 19
* 9LP48337EL1227609
* Me; I could no longer attempt to convince someone so out of touch with reality why I would not ship expensive merchandise without payment in hand.



mlfvb
Sat, Jul 21, 2007 1:54 PM (PT)

Additional evidence submitted to evidence@squaretrade.com



Mediator
Sat, Jul 21, 2007 3:34 PM (PT)

Jennifer Katz and Meghan Fitzpatrick:

Meghan Fitzpatrick wrote five messages, the first of which read:

===
1.1 Yes

1.2 On July 12, she filed an Item Not Received claim and thus PayPal reversed her payment, or extracted it from my account. She had no right to file this type of claim at this time. My listing ended July 5. It clearly stated that payment was due within 24 hours. She contacted me after the listing ended to tell me that she was having problems with her PayPal account and that she couldn't send anything but an e-check. I was not pleased that I would not receive payment within the specified amount of time, but I agreed to accept this form of payment as opposed to canceling the transaction. Her e-check did not clear until July 10, on which I happened to be out of state. Upon clearance of her e-check she sent me a series of disturbing e-mails, the transcripts of which I am more than happy to provide. Upon reviewing them, I'm sure it will become very clear to you as to why I chose not to respond to her and why I was very wary about going through with the transaction. She unfairly filed the Item Not Received claim on July 12, a point in time by which it would have been impossible, based upon my shipping specifications, for USPS to deliver the dress. At that point I attempted to make her realize my opinion that she was behaving irrationally, which is when she began to further attempt to intimidate and harass me. By her own admission she created another eBay user identity that she used to bid on and win six more auctions of mine with the sole intent to publish slanderous negative feedback against me that I have already reported to eBay who removed it and suspended her alternate account FASHIONMISSION. She had given me so much unnecessary trouble up to that point that I decided to ignore her. PayPal would have automatically issued her a full refund were I not to respond. I, however, refunded her payment on July 19.

1.3 Yes.

* July 19
* 9LP48337EL1227609
* Me; I could no longer attempt to convince someone so out of touch with reality why I would not ship expensive merchandise without payment in hand.
===

1. BOTH OF YOU
Obsviously, there are two issues to resolve:

(1) Where is Buyer’s money now?
(2) Once the first issue is resolved, what do you want to do next with your transaction: do you want to complete it or cancel it?

Let’s begin with the first issue.

If it’s true that (a) Buyer sent her $757.95 Paypal payment on July 10; (b) Seller sent it back on July 19, and (c) neither of you has that money now, it stands to reason to believe that the only place where that money might be is with Paypal, on hold.

2. JENNIFER KATZ ONLY
2.1 Since those $757.95 are your money, and you are the only one who can ask Paypal to clarify what happened, can you contact Paypal and find out why you didn’t receive the refund # 9LP48337EL1227609 that Seller issued on July 19?

2.2 If Paypal has your money on hold, why can't they release it and give it back to you? What exactly does Paypal expect you or Seller to do before they can give you your money back?

Please let me know what you find out from Paypal.

Giuseppe Leone



mlfvb
Sat, Jul 21, 2007 4:16 PM (PT)

(1) I have no idea where the money is, but my best guess is that it is in her PayPal account seeing as though my PayPal account clearly indicates that the refund is completed.
(2) I only agree to complete the transaction if the Buyer sends me payment in the form of a certified USPS money order since she clearly has no idea how to use PayPal. All I want out of this is for her to cease harassing me.



Mediator
Tue, Jul 24, 2007 8:41 AM (PT)

Jennifer Katz and Meghan Fitzpatrick:

After my previous message Meghan Fitzpatrick wrote:

===
(1) I have no idea where the money is, but my best guess is that it is in her PayPal account seeing as though my PayPal account clearly indicates that the refund is completed.
(2) I only agree to complete the transaction if the Buyer sends me payment in the form of a certified USPS money order since she clearly has no idea how to use PayPal. All I want out of this is for her to cease harassing me.
===

1. JENNIFER KATZ ONLY
1.1 Have you called Paypal to find out what happened to your money?

Please let me know.

Giuseppe Leone



Mediator
Tue, Jul 24, 2007 3:25 PM (PT)

Jennifer Katz and Meghan Fitzpatrick:

After I asked Jennifer Katz if she has called Paypal, she wrote:

===
I have been patiently waiting for my alleged refund. I haven't received it as of 5:00 PM on 7/24/07.
===

1. JENNIFER KATZ ONLY
I believe to have already explained that if the information that you and Meghan Fitzpatrick have provided is correct and neither of you has your money, your $757.95 can only be in one place: they are being kept on hold by Paypal.

Does that possibility makes any sense to you? If so, I suggest (for the third time) that you call Paypal Customer Service and find out:

(a) What happened to the refund (transaction # 9LP48337EL1227609) that Meghan Fitzpatrick issued on July 19

(b) Why you didn’t receive it into your Paypal account

(c) What exactly Paypal expects you and Meghan Fitzpatrick to do before they give you your $757.95 back

Unless I am mistaken, the Paypal Customer Service toll free number should be 1-888-221-1161. After you call them, let me know how they answered the above questions, and we’ll take it from there.

Conversely, if you don't think it possible that your money is being kept on hold by Paypal and you are not willing to give them a call to find it out, I am afraid I don't see how this mediation can go any further.

Please let me know.

Giuseppe Leone



Mediator
Tue, Jul 24, 2007 5:06 PM (PT)

Jennifer Katz and Meghan Fitzpatrick:

Jennifer Katz wrote:

===
I didn't realize I had to go into detail. My apologies. I HAVE contacted PAYPAL on several occassions since this seller decide to steal $757.95 from me. They had told me that the seller can easily refund my $$ with a click of a mouse. I have filed a Better Business claim as well as a Small Claims Court claim -- so yes, I would think to do the very basic step first, which is to contact Paypal. My money isn't "in limbo", it's in MLFVB's account.
===

1. BOTH OF YOU
In short, this is where we are.

1.1 Meghan Fitzpatrick claims to have issued a Paypal refund on July 19 (transaction # 9LP48337EL1227609)

1.2 Jennifer Katz denies Seller's claim

1.3 Only Paypal can answer the question of whether the above refund was issued and why Buyer didn't receive it.

1.4 Only you (not Square Trade) can contact Paypal to ascertain what happened to your refund


Under the circumstances, let me then suggest the following.

If either of you is willing to contact Paypal and can produce any conclusive evidence from Paypal showing that the above refund was issued (or not issued), please send that evidence both to the other party and to me (evidence@squaretrade.com) by Thursday, July 26.

Without that evidence I am afraid this mediation cannot go any further, and therefore:

** This case will be closed Friday, July 27 with the comment “Case concluded after both parties participated in the mediation process but were unable to reach an agreement."

** Both of you will retain the right to pursue your dispute in any other way you deem appropriate.

Giuseppe Leone



Mediator
Tue, Jul 24, 2007 9:28 PM (PT)

Meghan Fitzpatrick:

Thank you for your Paypal screen shot. Have you sent it to Jennifer Katz as well, as I had asked you to do?

Giuseppe Leone



mlfvb
Tue, Jul 24, 2007 9:38 PM (PT)

I just did, yes.



Mediator
Wed, Jul 25, 2007 8:41 AM (PT)

Jennifer Katz and Meghan Fitzpatrick:

In response to my previous message, Meghan Fitzpatrick sent me a Paypal screen shot, showing the Paypal record of her refund # 9LP48337EL1227609 on July 19 11:50:23 EDT.

1. JENNIFER KATZ ONLY
1.1 Did you receive the above information?
1.2 Do you now believe that Seller sent you a refund?
1.3 If so, are you willing to call Paypal again and ask then the following questions:

(a) What happened to the above refund?

(b) Why didn’t you receive it?

(c) What exactly does Paypal expect you and Meghan Fitzpatrick to do before they give you your $757.95 back?

Please let me know.

Giuseppe Leone



Mediator
Thu, Jul 26, 2007 7:43 PM (PT)

Jennifer Katz and Meghan Fitzpatrick:

I don’t have a record of having received Jennifer Katz’s response to my previous message.

JENNIFER KATZ ONLY
If I still don’t hear from you by tomorrow Thursday, July 26, the only conclusion to be drawn is that, despite the Paypal evidence that Seller sent you, you are still unwilling to call Paypal and ask them the following questions:

(a) What happened to the refund # 9LP48337EL1227609 that Seller sent you on July 19 11:50:23 EDT.?

(b) Why didn’t you receive it?

(c) What exactly does Paypal expect you and Meghan Fitzpatrick to do before they give you your $757.95 back?

Without that information, I am afraid this mediation will be closed Friday, July 27.

Giuseppe Leone



from: SquareTrade Network <cssupport@squaretrade.com>
date: Jul 28, 2007 12:47 PM
subject: Your SquareTrade Case - Case Closed by Mediator

**AUTOMATIC NOTIFICATION: DO NOT REPLY TO THIS EMAIL**

Hello,

Your SquareTrade Mediator has closed your case.

Sincerely,

SquareTrade Customer Support

Message from eBay Member Regarding Item #300127271750

Received:

Jul-11-07

Question from zebragazebo zebragazebo( 28) Positive feedback: 96.7% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: $2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (300127271750) This message was sent after the listing closed. zebragazebo is the winner. HI! JUst wanted to make sure you saw that I sent payment and to make sure we were "cool"? Jen

Message from eBay Member Regarding Item #300127271750

Received:

Jul-11-07

Question from zebragazebo zebragazebo( 29) Positive feedback: 96.8% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: $2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (300127271750) This message was sent after the listing closed. zebragazebo is the winner. Hi! I realize you must be terribly busy, but it would ease my mind if you would please let me know you received my payment for this dress. Best, Jennifer

Question for item #300127820230 - STELLA MCCARTNEY Little Black Dress - 42 IT / 6 US NWT

Received:

Jul-11-07

Question from zebragazebo zebragazebo( 29) Positive feedback: 96.8% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: STELLA MCCARTNEY Little Black Dress - 42 IT / 6 US NWT (300127820230) This message was sent while the listing was active. zebragazebo is a potential buyer. Hi Maghan... Does Stella tend to run try to size? Small? Thanks.

Message from eBay Member Regarding Item #300127271750

Received:

Jul-11-07

Question from zebragazebo zebragazebo( 29) Positive feedback: 96.8% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: $2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (300127271750) This message was sent after the listing closed. zebragazebo is the winner. I am getting really worried now. I don't mean to be a pest, but $750 dollars isn't a negligable amout of money. Please take a minute of your time to confirm to me that you are sending the dress. Best, Jennifer

Question for item #300128283836 - KATE MOSS TOPSHOP Floral Dress - 10 US / 14 UK NWT

Received:

Jul-11-07

Question from fashionmission fashionmission( 0) Positive feedback: 0% Member since: Jul-02-07 Location: NY, United States Registered on: www.ebay.com Item: KATE MOSS TOPSHOP Floral Dress - 10 US / 14 UK NWT (300128283836) This message was sent while the listing was active. fashionmission is a bidder. Is the background blue or black? I'm having a hard time making it out...

Re: Question for item #300128283836 - KATE MOSS TOPSHOP Floral Dress - 10 US / 14 UK NWT

Received:

Jul-11-07

Response from mlfvb mlfvb( 566) Positive feedback: 99.3% Member since: Dec-25-05 Location: VA, United States Registered on: www.ebay.com Item: KATE MOSS TOPSHOP Floral Dress - 10 US / 14 UK NWT (300128283836) This message was sent while the listing was active. mlfvb is the seller. The background is blue.

Message from eBay Member Regarding Item #300127271750

Received:

Jul-11-07

Question from zebragazebo zebragazebo( 29) Positive feedback: 96.8% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: $2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (300127271750) This message was sent after the listing closed. zebragazebo is the winner. Okay, look. I've bought from you in the past. I bought the Dari Meya dress from you under another ebay account. I know that you are usually responsive to emails. Just so you know, Paypal took the $757 from my bank account, and they aren't allowing me to access it. Which really sucks for me because basically it means I paid twice for this dress. So please, I'm kindly asking - no- begging that you not screw me over on this.

Message from eBay Member Regarding Item #300127271750

Received:

Jul-11-07

Question from zebragazebo zebragazebo( 29) Positive feedback: 96.8% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: $2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (300127271750) This message was sent after the listing closed. zebragazebo is the winner. I have to admit. I created fashionmission just to see if you are ignoring my emails. Since you responded to that message, I'll have to assume that you are ignoring me.

Message from eBay Member Regarding Item #300127271750

Received:

Jul-11-07

Question from zebragazebo zebragazebo( 29) Positive feedback: 96.8% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: $2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (300127271750) This message was sent after the listing closed. zebragazebo is the winner. So, you're stealing from me, right? I don't know whether to cry or scream or what. This is too much money for me to just throw away. I don't get it. I read your "about me" page. I've bought from you before... I really don't get it. Meghan, I have to tell you. I've had a REALLY bad month on eBay, and I've had it with dishonest people. I suppose I'll have to file with Small Claims Court. This is a huge energy drain that I would rather not partake in, but I will if I have to.

Message from eBay Member Regarding Item #300127271750

Received:

Jul-12-07

Question from zebragazebo zebragazebo( 30) Positive feedback: 96.9% Member since: Apr-23-07 Location: NY, United States Registered on: www.ebay.com Item: $2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (300127271750) This message was sent after the listing closed. zebragazebo is the winner. I'm giving you until 12:00 to respond with a tracking number before I call the Virginia Beach police.

Jul-14-07 at 10:48:09 PDT
eBay

An Unpaid Item dispute has been opened for the following item: 
$2,900+ VERSACE Teal Pleated Dress - 42 IT / 6 US - NWT (#300127271750) 
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.


Jul-15-07 at 20:02:49 PDT
zebragazebo
I have already paid for this item using PayPal. Payment details are as follows: 
Amount: $757.95
PayPal address sent to: info@uvagradsgoods.com
Payment date: Jul-10-2007 


Jul-15-07 at 20:04:38 PDT
zebragazebo
This person is stealing from me. I have filed a civil case in VA.


Jul-17-07 at 22:02:49 PDT
mlfvb
You filed an Item Not Received dispute on the exact same day that your 
e-check cleared, which is not fair to me.  When a Buyer files an Item 
Not Received dispute, PayPal immediately extracts the Buyer's payment 
from the Seller's account.  That said, I have not received payment for 
the Versace dress and thus I have not sent it.  If you would kindly end 
your dispute, then PayPal will re-deposit your payment into my account 
at which point I will gladly mail the dress.


Jul-18-07 at 06:18:57 PDT
zebragazebo
That would be great. Just as soon as I have some sign that you are actually 
going to send the dress.  Also, I would be happy to rescind negative feedback.

Jul-18-07 at 06:21:03 PDT
zebragazebo

And I filed the dispute TWO days after, but whatever. I wouldn't have filed it 
if you would have responded to one of the MANY emails I sent you, but whatever. 
You know what, at this point, I don't trust whatever you are sending. It's a 
shame because I HAVE BOUGHT FROM YOU BEFORE. You'd think you would appreciate 
repeat business.


Jul-18-07 at 06:22:30 PDT
zebragazebo
So what happens now? You send a ripped, stained dress and I get duped? 
I don't like this at all. And exactly WHAT were you alluding to when you 
mentioned "petty crime" in my feedback? I WANT THAT FEEDBACK REMOVED 
IMMEDIATELY.

Jul-18-07 at 09:39:25 PDT
zebragazebo

Just as soon as I have a tracking number, I will lift the claim. You already 
know that the money is there and that I've paid. The first step is yours. 
Furthermore, if this dispute is settled TODAY, I will cancel the claim that 
I filed with VA small claims court, even though I've already paid the $15
processing fee.

Jul-18-07 at 12:47:21 PDT
mlfvb

You are not only incredibly rude, but you are clearly ignorant as to the way 
in which PayPal works. If you want the dress, let me know within 24 hours. 
If so, I will tell PayPal to refund your frozen payment. I will then send you 
a PayPal invoice to re-initiate the entire transaction. In the meantime, 
please cease your ridiculous attempts at intimidating me.


Jul-18-07 at 12:52:07 PDT
zebragazebo
I will not respond to this inane babble. YOu are a thief. I don't deal with 
thieves. All I want is the merchandise WHICH I PAID FOR. To answer your 
incerdibly idiotic question, I would like the dress. I am not making a "threat" 
when I say I've made a small claims court claim against you. That can 
seriously ruin your credit. It's not a threat - it's a reality.


Jul-18-07 at 13:05:10 PDT
mlfvb
I am aware that you paid for the dress. Your payment is suspended in cyberspace 
because you filed the Item Not Received dispute. You don't have your money and 
neither do I...PayPal does. Because you filed the dispute on the same day that 
your e-check cleared, you did not even give me the opportunity to mail you the 
dress. Instead of forming conspiracy theories and making flagrant insults and 
accusations, you might take time to analyze how your hysteric behavior has caused 
this debacle. 


Jul-18-07 at 13:12:49 PDT
zebragazebo
Riiiiight. Not interested in chit chatting. I'd like a resolution.


Jul-18-07 at 13:42:47 PDT
mlfvb
The only resolution that will come of this is that PayPal will automatically refund 
your payment 10 days after you filed the dispute if I do not respond. Because you 
refuse to grasp that I won't mail a very expensive piece of merchandise without 
payment in hand, then we have a stalemate. I remind you that fashionmisson, your 
acknowledged alias, breached contract if she agreed to purchase over 3k worth
of goods and does not pay. Such an offense falls well beyond the realm of 
Small Claims.


Jul-19-07 at 05:51:04 PDT
zebragazebo
I refuse to drop the claim until I have either the dress or a refund.


Jul-19-07 at 05:55:11 PDT
zebragazebo
I paid Square Trade $29 so that they can mediate a solution. I won't drop the 
claim, you won't send the dress -- go through the mediator!


Jul-19-07 at 06:10:04 PDT
zebragazebo
You can start by removing this dispute, which we both know if a BLATANT LIE.


Jul-19-07 at 06:10:26 PDT
zebragazebo
You can start by removing this dispute, which we both know if a BLATANT LIE. 

Jul-19-07 at 08:47:02 PDT
eBay
The Unpaid Item dispute has been closed for the following reason: 
The seller has ended this communication and filed for a Final Value Fee credit.

MARCH 11, 2007
9:05 p.m. : MADDKAP1 submits offer of $345.00 for Item #270095212087, which I later decline
10:29 p.m. : MADDKAP1 submits offer of $389.00 for Item #270095212087, which I later decline
11:42 p.m. : MADDKAP1 submits offer of $400.00 for item #270095212087
11:44 p.m. : I accept MADDKAP1's offer of $400.00 for item #270095212087 and e-mail her an invoice

MARCH 12, 2007
1:29 a.m. : MADDKAP1 e-mails the following:

please let me know if you can overnight* the dress. I would like to
wear it this weekend, but I think I will need to shorten it. If at all
possible to overnight so that I may have by Tuesday. Let me know
the shipping cost I am in Beverly Hills, Ca.

*View description of item #270095212087 in which 'Get It Fast' overnight shipping
services were advertised just as they were on the PayPal invoice that I e-mailed her
upon accepting her offer.

1:59 a.m. : MADDKAP1 e-mails the following:

I am sorry, but I was sending multiple offers and this is my first
time doing this . i did not realize that once the offer is excepted it
shows up in the won section. I have won another marchesa dress
this morning and that dress is a better size for me. i hope you
would be kind enough not to leave me negative feed back.

MARCH 14, 2007
8:04 p.m. : MADDKAP1 submits offer of $201.00 for item #270089567115
8:09 p.m. : I accept MADDKAP1's offer of $201.00 for item #270089567115 and e-mail her an invoice

MARCH 18, 2007
11:46 p.m. : eBay e-mails MADDKAP1:

An Unpaid Item dispute has been opened for the following item:
NOTTE by MARCHESA Strapless Bubble Dress - Sz 2 - NWT (#270095212087) 
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.

MARCH 19, 2007
6:39 a.m. : MADDKAP1 e-mails me:

I am sorry but I aksed if the dress could be overnighted becuase I needed by 
Saturday I did not receive a response. I had to buy another dress on ebay 
that the seller was able to overnight. I hope we can resolve this. 

MARCH 19, 2007
11:38 a.m. : I e-mail MADDKAP1:

Express (i.e. overnight) shipping was offered as indicated in the listing 
and on the invoice. Not to mention, your best offer is a binding contract, 
which you acknowledged by checking a box before submission. As a result of 
your purchase, my Seller account has been charged a Final Value Fee, for 
which I  refuse to be held responsible unless you pay for the dress.

MARCH 20, 2007
8:16 a.m. : MADDKAP1 e-mails me:

What is your Final Value Fee I will pay for it. I am sorry for this. I 
have never purchased anything by offer only through auction. I am sorry I 
hope you can understand. i did try to contact you twice regarding the 
shipping for this item and another as well. Once again I will pay of r you 
Final value fee if you wish

MARCH 21, 2007
3:59 p.m. : eBay e-mails MADDKAP1:

An Unpaid Item dispute has been opened for the following item: 
LAUREN JANE Orchid Crepe Smock Dress - Size S - NWT (#270089567115) 
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.

MARCH 22, 2007
2:34 p.m. : MADDKAP1 e-mails me:

This was the same issue as the first I bid and then asked for overnight 
when not responded I had to purchase another dress. 

MARCH 23, 2007
5:59 p.m. : I e-mail MADDKAP1:

I offered overnight shipping in the listing and on your invoice, and 
you bought this dress at least a few days after you purchased the first. 
Your complete fabrication of the truth insults my intelligence. Before 
you were allowed to commit to purchase you had to agree to a legally 
binding contract stating that you would pay for the merchandise. If I do 
not receive payment then you will receive negative feedback from me 
and an unpaid item strike from eBay. Please do not waste my time again.

MARCH 24, 2007
12:01 a.m. : I e-mail MADDKAP1:

Once again, overnight shipping was offered on the invoice that I sent. 
Your own alleged ignorance of the rules of the marketplace is neither an 
acceptable excuse, nor is it my problem. Before you were allowed to commit 
to purchase you had to agree to a legally binding contract. If I do not 
receive payment then you will receive negative feedback from me and an 
unpaid item strike from eBay. Please don't waste my time again.

MARCH 25, 2007
1:43 a.m. : MADDKAP1 e-mails me:

Again I apologized for this misunderstanding, no need to get nasty. 
I offered to pay for your fees. I will leave negative feedback 
stating you are uncooperative.  

11:41 a.m. : MADDKAP1 e-mails me:

If I recieve negative feedback so will you. Check my feedback I pay for 
this right away, abviously there was a misunderstanding here. I am offering 
to pay for your fees due to my mistake in engaging in a binding agreement, 
but you have not communicated directly. Check your emails I emailed you twice 
you never answered once. If i recieve negative feedback I will leave you 
negative feedback or we can resolve this issue amicably.

12:32 p.m. : I e-mail MADDKAP1:

My auction ended on 3/11 at 11:44pm. You e-mailed me on 3/12 at 1:29am to ask 
about overnight shipping which, again, was advertised in the listing and 
on the invoice. You e-mailed me again on 3/12 at 1:59am to inform me that you 
would not be paying for the dress. If you actually expected me to respond to 
an e-mail that you sent well after midnight within 30-minutes, then your 
judgment is questionable. My fee is $75, which includes my billable time. 
Also, retaliatory feedback is not permitted.

12:41 p.m. : I e-mail MADDKAP1:

You are the one who misunderstands just how much of my time you are wasting. 
There is no other misunderstanding. That you state you have paid for this 
dress is farcical. Again you e-mailed me twice within 30-minutes...AFTER 
MIDNIGHT! Would it be so difficult to take responsibility for your own actions 
as opposed to inflicting harm upon others? This is ridiculous. If payment is 
not received I will file a formal report with eBay.

5:06 p.m. : MADDKAP1 e-mails me:

Feedback is not retalitory but if I am entered into a transation with you both 
sides are permitted to leave feedback. Again $75 and your time give me a break 
you think I am gonna pay $75 and your time. I am an attorney you shoul be 
paying me for wasting my time. Do as you wish you don't want to compromise.
I will live with what ever you decide to do and proceed according to how I see 
fit.

5:16 p.m. : I e-mail MADDKAP1:

Great. I'll report you to the California Bar Association, as well. You will 
pay for this dress one way or another. 

6:01 p.m.: MADDKAP1 e-mails me:

It is irrelevant what time the message was sent. There was never a response 
from you, not the next day or the day after. As far as responsibility is 
concerned I apologized and offered to pay your fees. You are truly one of 
the most uncooperative people I have ever encountered on ebay. 

6:19 p.m. : I e-mail MADDKAP1:

Do you have Down Syndrome?

7:14 p.m.: eBay e-mails me:

The Unpaid Item dispute has been closed for the following reason: 
The seller has ended this communication and filed for a Final Value Fee credit.

TO BE CONTINUED...


MY ADVICE
-Do not do business with jive turkey MADDKAP1, also known as:

Yana Galuz
9903 Anthony Place
Beverly Hills, CA 90210
atrain@sbcglobal.net

Office Name:	Crescent Realty Corp.
Office Address:	10350 Santa Monica Blvd #102 Los Angeles,CA 90025
Office Phone:	310-788-9060
Office Fax:	310-277-4336

-Shop at UVA Grad's Goods where we tout Jeffersonian ideals of honor and trust.

-To Yana Galuz: change your name back to Pond Scum and start shopping Tori Spelling's yard sales.

Instead of switches and ashes, I gift you another blog...

http://xoxohth.com/thread.php?thread_id=451516&mc=112&forum_id=1

Question from 009bondgirl
Item: RACHEL PALLY Kimono Mini Dress - Size S - NWT (270058048863)
009bondgirl is the winner

Dear Ebayer,
I just received your dress. However, it is not in new conditon and is appears stretched out nor as described and most importantly it smells of cigarette smoke. I know if I contact Paypal your business will be disrupted and I sincerrely do not like to do that to anyone so how do you want to credit me back and I return dress to you. Thank you for your prompt repky in this matter




Response from mlfvb
Item: RACHEL PALLY Kimono Mini Dress - Size S - NWT (270058048863)
mlfvb is the seller

Dear Yvette,

According to the package tracking information, I sent the dress on November 29th and it was delivered to your address on December 1st, so you just received it...over three weeks ago.

For the record, between then and now, I have seen you advertise the dress for sale on eBay at a much higher price than what you paid for it. Also of note is that you did not describe any of these alleged imperfections in your own advertisement.

All of that, however, is really beside the point because I bought the dress brand new and I sold and shipped it to you brand new. I also inspected the dress, as I do all merchandise, before I shipped it to you. I know for certain that the dress was in no way stretched because it has never been worn. Lastly, I do not smoke cigarettes and nor does anyone in my residence, so your claim that the dress smells of cigarette smoke is so outlandish that I don't even know how to respond, except to suggest that perhaps you have worn the dress at some point during the three weeks in which it has been in your possession.

Please take whatever action against me that you feel necessary as I will not be granting your request for credit, which is entirely overdue, if not completely unfounded.

I leave you with the following token of wisdom from Sophocles: Rather fail with honor than succeed by fraud.

Merry Christmas & Happy New Year.



Buyer initiates PayPal dispute.
From Buyer: yvette rachelle on 1/6/2007 01:03 EST

I returned home from vacation of many weeks to find this Rachel dress and it was not as described. It was worn, stretched out ,slightly different color as pictured and smelled of cigarette or some other foul smell. I know of this not to be a new dress as I really wanted this dress and my boyfriend bought me the same one on vacation but it was perfectly new and did not have any of the problems of her dress which she sold as new but it is used. Unfortunately my same dress as a gift my boyfriend bought me does not fit so I tried to sell it on Ebay but just dont have time. The seller thinks I tried to sell her dress but she does not realize it is unsaleable condition as it is used and not new at all.Contrary to what the buyer says she would be happy to resolve problems but to no avail. Her email to me was not professional and she refused to help.I demand full refund and if this is not resolved I shall open dispute with my card company as well.



From Seller: UVA Grad's Goods on 1/8/2007 02:43 EST

-My listing began 11/21 and ended 11/28.
-I received payment 11/28 and shipped 11/29.
-USPS delivered 12/1.
-12/5, you listed the exact same dress for sale, in terms of brand, style, color, and SIZE, which I know because I have your listing number: 150067742617.
-12/15 your listing ended unsuccessfully.
-12/20 I received an e-mail from you that consisted of jibberish, false accusations, and an ultimatum that you would disrupt my business if I didn't refund your payment.
-12/21 I replied to your e-mail in what I feel was an appropriate manner considering that you not only insulted my honor but also my intelligence.
-Ultimately, you have wasted a great deal of your time and mine.
-For all of this, I plan to file a formal complaint with both eBay and PayPal in an effort to have your membership privileges revoked.
-Once again, I leave you with the following token of wisdom from Sophocles: "Rather fail with honor than succeed by fraud."




Buyer escalated claim.

PayPal is presently reviewing the case. They will eventually yield judgment either in favor of the mongoloid, or me.

STAY TUNED FOR THE VERDICT!!!!!!!!!!!!