why the negative feedback for adam18wcu?

From: dave@burtonsys.com (David Burton)
To: adam18wcu@hotmail.com
Message-ID: <9JTD3ivcwapi@burtonsys.com>
Date: Wed, 01 Sep 2004 17:52:02 -0400 (EDT)
Subject: Re: Ebay item #5714445935 - Palm M125
In-Reply-To: <cag93ivcwapi@burtonsys.com>

> > > > > > > > From: dave@burtonsys.com (David Burton)
> > > > > > > > To: adam18wcu@hotmail.com
> > > > > > > > Subject: Re: Ebay item #5714445935 - Palm M125
> > > > > > > > Date: Fri, 27 Aug 2004 18:45:37 -0400 (EDT)
> > > > > > > >
> > > > > > > > Hi Adam,
> > > > > > > >
> > > > > > > > I received the m125 Palm Pilot in good order today, and it
> > > > > > > > looks fine, but you forgot to send the hot-synch cradle (which
> > > > > > > > is shown in the photos in your auction description):
> > > > > > > >
> > > > > > > > http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=5714445935
> > > > > > > > or http://www.burtonsys.com/m125/571445935_Palm_M125.htm
> > > > > > > >
> > > > > > > > Did you forget?
> > > > > > > >
> > > > > > > > -Dave Burton   <dave@burtonsys.com>
> > > > > > > > Burton Systems Software: http://www.burtonsys.com/
> > > > > > > > 109 Black Bear Ct, Cary, NC 27513-4941 USA
> > > > > > > > Tel: 1-919-481-0149   Alternate tel: 1-919-481-6658
> > > > > > > > Fax: 1-919-481-3787   Alternate fax: 1-919-481-4886
> > > > > > > > Home: 1-919-481-0098  Cell: 1-919-244-3316


> > > > > > adam18wcu@hotmail.com (Adam S.) wrote:
> > > > > >
> > > > > > > The Palm doesnt have a cradle, thats why I was selling it so cheap.
> > > > > > > You can order the cradle at www.palm.com
> > > > > > >
> > > > > > > Adam


> > > > > > From: dave@burtonsys.com (David Burton - rtpdave)
> > > > > > To: adam18wcu@hotmail.com
> > > > > > Subject: Re: Ebay item #5714445935 - Palm M125
> > > > > > Date: Sat, 28 Aug 2004 16:44:26 -0400 (EDT)
> > > > > >
> > > > > > Adam,
> > > > > >
> > > > > > That is not acceptable.  You advertised it as including the
> > > > > > cradle!  The auction description shows photos of the Palm Pilot
> > > > > > WITH the cradle, and nowhere mentions that the cradle isn't
> > > > > > included.
> > > > > >
> > > > > > It sold for what it sold for, and my guess is that it sold for
> > > > > > less than some others because of your low (92.3%) feedback
> > > > > > rating.  The lower your feedback rating, the lower the prices
> > > > > > you will receive for the things you sell.  The lack of a cradle
> > > > > > had nothing to do with the price, because all the bidders
> > > > > > thought it included the cradle, since you showed the cradle in
> > > > > > the pictures!
> > > > > >
> > > > > > You will recall that, before bidding, I emailed you and asked
> > > > > > if it included the flip cover, because the flip cover is NOT
> > > > > > shown in the photographs.  But of course I assumed that you
> > > > > > would include what you showed in the pictures, so I didn't ask
> > > > > > about the cradle.
> > > > > >
> > > > > > Do you not have the cradle?  If you have it, please ship it
> > > > > > to me.
> > > > > >
> > > > > > If not, we can get one (or a hotsynch cable, which is just
> > > > > > as good, IMO) on eBay for a lot less than at www.palm.com,
> > > > > > probably for about $10 shipped.  For example:
> > > > > > http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=15018&item=5717726703
> > > > > > http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=5716840712
> > > > > > http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=5717433482
> > > > > >
> > > > > > But I expect you to pay for it.
> > > > > >
> > > > > > If you'd like, you can bid for it and just have it shipped to
> > > > > > me, or I can buy it and you can pay me for it.
> > > > > >
> > > > > > Or, if you prefer, I can return the m125 to you and you can
> > > > > > refund my cost (including shipping BOTH ways).
> > > > > >
> > > > > > Please tell me what you'd like to do.
> > > > > >
> > > > > > -Dave
> > > > > > 109 Black Bear Ct, Cary, NC 27513-4941 USA
> > > > > > Tel: 1-919-481-0149   Alternate tel: 1-919-481-6658
> > > > > > Fax: 1-919-481-3787   Alternate fax: 1-919-481-4886
> > > > > > Home: 1-919-481-0098  Cell: 1-919-244-3316


> > > > adam18wcu@hotmail.com (Adam S.) wrote:
> > > >
> > > > > I never advertised that the cradle was included, I am
> > > > > very sorry that you a not content with your purchase.


> > > dave@burtonsys.com (David Burton) wrote:
> > >
> > > > Adam, how can you say that??  It is in the picture!
> > > > The picture YOU included of what you were selling!
> > > >
> > > > THIS picture:
> > > > http://i23.ebayimg.com/03/i/02/43/e6/24_1.JPG

> > > >
> > > > You sold it to me.  Please send it to me.
> > > >
> > > > -Dave


> > dave@burtonsys.com wrote:
> >
> > > Adam, are you going to send me the cradle?
> > > Do you even HAVE the cradle?
> > >
> > > Do we need to go here?
> > > http://pages.ebay.com/help/confidence/problems-dispute-resolution.html
> > >
> > > -Dave


> adam18wcu@hotmail.com (Adam S.) wrote:
>
> > Once again Dave, I am very sorry you were not pleased with your purchase.
> > But you got what I had and what you bid on. Here is the exact item that I
> > bid I.
> >
> > http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=5711379544  (or here -DB)
> >
> > I got what I paid for, I did not want the Palm so I sold it as is, the same
> > as I bought it for.


dave@burtonsys.com (David Burton) wrote:

> Adam, the fact that you were lied to by jd505a does not make
> it acceptable for you to do the same to me.  When a seller
> includes a photo of what he is selling in the auction listing,
> but then ships only part of what is pictured, that's fraud.
> -Dave


Adam, I see that this m125 also has a bad battery backup
capacitor (which means that it loses its data when you change
the batteries), which you didn't mention in your auction
description, either.  The usual workaround for the bad
capacitor problem is to hotsynch before and after changing
batteries.  But that requires the cradle -- which is missing.

Together, these flaws make this m125 pretty nearly useless.
I see why you decided that you didn't want it, after you
bought it.  But the fact that you were robbed by jd505a does
not give you the right to rob me.

If this Palm Pilot had been accurately described (the cradle
and flip lid are missing, and it has a bad battery backup
capacitor), I doubt that you'd have gotten even $10 for it.

However, by happy coincidence, I happen to be one of the
very few people you could have sold it to who knows how to fix
the bad capacitor problem, and who even has the parts to do it.
(Palm says that it isn't fixable, BTW.)

Since I can fix the bad capacitor, I've ordered a Belkin
hotsynch cable ($10.50 shipped), which is not quite as nice as
a cradle but will be adaquate for my needs.  So if you agree to
pay for that cable, I will refrain from giving you negative
feedback.

Or if you refund my purchase price and pay for the return
shipping, I will return it to you and refrain from giving you
negative feedback.

Either choice is MORE THAN fair to you.  You've already seen
what a poor feedback rating does to your ability to get a good
price for your merchandise.  But it is going to get even worse
if you don't make this right.

Please reply ASAP.

-Dave

Adam S. did not reply to either of the last two messages, nor to the SquareTrade messages (below)


Click here to view the SquareTrade case information: SquareTrade Case number 440952263 Message-ID: <3727087.1093873666763.JavaMail.root@webl1> Date: Mon, 30 Aug 2004 06:47:46 -0700 (PDT) From: SquareTrade Customer Support <filing@squaretrade.com> To: dave@burtonsys.com Subject: Thank You for Filing **AUTOMATIC NOTIFICATION: DO NOT REPLY TO THIS EMAIL** eBay Item Number: 5714445935 SquareTrade Case ID: 440952263 Hello Mr. Burton, Thank you for contacting SquareTrade about your recent experience with the other party in your case. We've notified the seller of your issues and have asked for a response. *** What happens next with my case? We will send you a status email in 4 days or will notify you sooner if the other party responds. *** What if I resolved the problem? Close the case by clicking here: http://www.squaretrade.com/odr/jsp/cfb.jsp?caseid=... *** What happens if the other party doesn't respond? SquareTrade repeatedly tries to encourage the other party to respond to a case, but we cannot guarantee participation, since the process is completely voluntary. If the respondent does not reply within two weeks from when the case was initially filed, it is unlikely that you will receive a response and we will close the case. If we hear from the other party after the case closes, we will reopen the case and notify you. *** What happens if the other party is a SquareTrade Seal Member? We do require SquareTrade Seal Members to reply to cases in a timely fashion, and our compliance department will investigate this case if the Seal Member fails to do so. Thanks again for entrusting your situation to SquareTrade. Sincerely, SquareTrade Customer Support * Please do not respond to this email with information regarding your case, as it can only be processed through the SquareTrade website. If you have other questions, please click here to contact us: http://www.squaretrade.com/cnt/jsp/hlp/odr.jsp?cate=1&sm=N&fb=N&pty=C
Message-ID: <2989062.1094236632782.JavaMail.root@webl1> Date: Fri, 3 Sep 2004 11:37:12 -0700 (PDT) From: SquareTrade Customer Support <filing@squaretrade.com> To: dave@burtonsys.com Subject: Your SquareTrade Case ID: 440952263 - 4 Day Update **AUTOMATIC NOTIFICATION: DO NOT REPLY TO THIS EMAIL** eBay Item Number: 5714445935 SquareTrade Case ID: 440952263 Hello Mr. Burton, We are still notifying the seller of your issues and asking for a response. - We will continue to notify the other party. We will notify you if we get a response. - If you have resolved the problem, please close the case by clicking here: http://www.squaretrade.com/odr/jsp/cfb.jsp?caseid=... *** How do I add more information about the case? After the other party responds you will be able to add more information to your case record. We cannot process any additional information until then. *** What happens if the other party doesn't respond? SquareTrade repeatedly tries to encourage the other party to respond to a case, but we cannot guarantee participation, since the process is completely voluntary. If the respondent does not reply within two weeks from when the case was initially filed, it is unlikely that you will receive a response and we will close the case. If we hear from the other party after the case closes, we will reopen the case and notify you. *** What happens if the other party is a SquareTrade Seal Member? If you do not receive a response from the Seal member within the next few days, our Compliance Department will review the case to determine if further action is required. Thanks again for entrusting your situation to SquareTrade. Sincerely, SquareTrade Customer Support Click here to contact us: http://www.squaretrade.com/cnt/jsp/hlp/odr.jsp?cate=1&sm=N&fb=N&pty=C
Message-ID: <771229.1095089510635.JavaMail.root@webl1> Date: Mon, 13 Sep 2004 08:31:50 -0700 (PDT) From: SquareTrade Customer Support <filing@squaretrade.com> To: dave@burtonsys.com Subject: No response to your Case #440952263 **AUTOMATIC NOTIFICATION: DO NOT REPLY TO THIS EMAIL** eBay Item Number: 5714445935 SquareTrade Case ID: 440952263 Hello Mr. Burton, It has been 14 days since you filed your case. Generally a respondent who doesn't respond within 14 days is not likely to respond. Unless we hear from the respondent, we won't send you further notice about this case. If you have resolved the problem, please close the case by clicking here: http://www.squaretrade.com/odr/jsp/cfb.jsp?caseid=... *** What do I do now? If the seller was a SquareTrade Seal Member, SquareTrade's Compliance Group will be investigating the case. Also, the transaction may be covered by SquareTrade's Fraud Protection Guarantee, which you can read at http://www.squaretrade.com/cnt/jsp/sap/fpg.jsp. If the seller was not a SquareTrade Seal Member, and you feel that this dispute involves fraud, we suggest that you report the situation to the following: * eBay Safe Harbor - SafeHarbor is eBay's safety resource and protective arm, and should be used for eBay fraud issues only. Fraud reports and insurance claims may be filed through Safe Harbor. You can find them at http://pages.ebay.com/help/community/insurance.html * Internet Fraud Complaint Center- The Internet Fraud Complaint Center (IFCC) is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C). IFCC's mission is to address fraud committed over the Internet. They will investigate large scale fraud cases or repetitive patterns of fraud perpetrated by the same individual. You can find them at http://www1.ifccfbi.gov/index.asp * Federal Trade Commission - As part of an international group of consumer protection agencies, the FTC monitors an online complaint site at http://www.econsumer.gov. Although they do not resolve individual consumer problems, complaints are used to help investigate fraud, and can lead to law enforcement action. * National Fraud Information Center - The NFIC helps consumers distinguish between legitimate and fraudulent promotions in cyberspace and route reports of suspected fraud to the appropriate law enforcement agencies. You can find them at http://www.fraud.org/ Sincerely, SquareTrade Customer Support *Please do not respond to this email with information regarding your case, as it can only be processed through the SquareTrade website. If you have other questions, please contact us at: http://www.squaretrade.com/cnt/jsp/hlp/odr.jsp?cate=1&sm=N&pty=&fb=N