Preface

What follows is about more than just one bad deal on eBay. If you ever have the misfortune to be burned in a dealing there, you are limited to a maximum of 80 feedback characters in which to describe what went wrong. In this case, 80 characters couldn't even come close to being sufficient to adequately describe the problems. What I did was use the 80 characters to give a web page pointer to here. You are limited to followup remarks on eBay, and if the seller changes their name, hides their feedback, etc. to hide or escape from criticism it is difficult to let the next prospective buyer know what really happened and what they might be in for. The remedies available to you at eBay include filing fraud charges and possibly collecting up to a maximum of $200.00 in insurance restitution - but the seller can walk free, only to resume at another time and/or in another place. Filing a fraud claim is limited to 200 characters on eBay also. There are places on the web to leave feedback about these people in addition to eBay - I recommend you use them. There may also be civil remedies available to you. Save all of your emails and correspondence !

SEE UPDATE AT BOTTOM OF THE PAGE !

eBay seller Dina Elardo (dinaelardo@aol.com)

A.K.A. eBay username merch123

AVOID THIS SELLER !

January 30, 2000

On January 17, 2000 I placed the winning bid on eBay Item # 237695570, a Yashicamat Twin Lens Camera. The auction expired at January 17, 2000 at 11:38:43 PST (2:38:43 Eastern time) Six minutes after end of auction I notified the seller and gave my name and address, and then asked for their information so I could send the money. I still don't have the item, but she has the money.

What followed is a nightmare - the buyer's worst fears - and what for me will be my last transaction on eBay.

To date, the seller (Dina Elardo) has :

You can read the following to determine for yourself who is at fault here. The seller's emails are disjointed and don't make much sense. If you read her ratings, this is not an isolated incident.

The following are verbatim copies of all email conversations and letters. Addresses have been deleted where they appeared. Monday, January 17 2000 was a federal holiday (Martin L. King Day)

Date / Time

From

Message
Monday, January 17 / 2:49 PM Me I was the winning bidder for the camera for $75.01. If you send it via US Priority mail, postage should be $3.20 for a total of $78.21 Please let me know name and address and total required for your preferred method of shipment (if not priority mail). My name and address: (deleted)
Monday, January 17 / 5:19 PM Dina Elardo Hi! You were the highest bidder on the above item. Please e-mail me with your name and address, so that I could figure shipping costs.My address is: Dina Elardo (address deleted) Congratulations!
Monday, January 17 / 8:47 PM Me Hi, You should have gotten my email - I sent it right after the auction ended. (address deleted)
Monday, January 17 / 8:50 PM Dina Elardo Shipping should be $6.50 includes s/h/ins. to:Dina Elardo, (address deleted)
Monday, January 17 / 9:33 PM Dina Elardo Yes, I did. I emailed you with the cost of sh/h/ins. of $6.50
Tuesday, January 18 / 10:26 AM Me Dina, Thank you. I will send a US postal money order for a total of $81.51 today. I'm in north western Pennsylvania, so you should have it by Friday (or Saturday) at the latest - it's not that far to Massapequa. I was watching when the auction ended on eBay. I sent you an email immediately after the auction ended with my name and address but I guess you didn't get that one - so when I received your email asking for my name and address it confused me. Now that it's all straightened out, no problem.
Letter containing US money order - sent Tuesday, January 18 Me Reference : OLD YASHICA-MAT TWIN LENS CAMERA (Item #237695570) Enclosed is a US Postal money order in the amount of $81.51 that covers the auction price of $75.01 plus $6.50 postage, shipping and insurance. Please let me know via email ( unklbil@csonline.net}when the payment is received and the camera is shipped. Please include any tracking information as well. Please ship to the address at the top of this letter.

... 4 days pass ...
Saturday, January 22 / 7:04 PM Me Dina, Did you receive the money order yet ? You should have it by now.
Saturday, January 22 / 7:27 PM Dina Elardo i just open the mail and it is there thank you shipping monday

... 6 days pass ...
Friday, January 28 / 1:37 PM Me Dina, The camera hasn't arrived yet. Do you have tracking information ?
Friday, January 28 / 3:58 PM Dina Elardo it left yesterday we got snowed in for a day and frozen in for 3 days sorry but give it a day or 2 looking for track #will get it to u later
Friday, Jan 28, 2000 - Camera mailed from Massapequa, NY - no time stamp - click for larger view.
Saturday, January 29 / 10:17 AM Me I have not received the tracking number. You received the money at least 7 days ago and to date, I have received nothing which proves the item was even shipped. If I don't receive something from you by 8:00 PM Saturday, January 29, 2000 proving the item was shipped , I will contact eBay and your local authorities about possible fraud.
Saturday, January 29 / 10:29 AM Dina Elardo I AM LOOKING FOR IT I DO NOT NEED YOUR MONEY IF YOU DO NOT LIKE IT I WILL EVEN TAKE IT BACK .MY FARTHER CAME IN FROM FLA AND WE WENT OUT TO EAT AND W/ALL THE TALKING MY MIND WAS JUST NOT THERE IT WAS SHIPPED AND I ONLY RECIVED YOUR C/K4 DAYS AGO SORRY DO NOT WANT TO HAVE ANY BAD FEELING ABOUT THIS.IT IS ONLY A CAMERA. I SENT IT RIGHT AWAY .I CAN NOT CONTROL THE MAIL. I FOUND IT U.S.P.O V-864435814 W/82.00 INS,TO FISHER PA.16225 THANK YOU ENJOY
Saturday, January 29 / 7:50 PM Me The tracking number you sent is not recognized by the USPS web site. I accept your offer below. Send a USPS money order in the amount of $81.51 to: (address deleted) I will expect the refund IN FULL not later than Friday, February 4, 2000. The camera will be returned to you UNOPENED after your payment by money order is received.
Saturday, January 29 / 10:43 PM Dina Elardo IM sorry if you had some real problems w/it and that is the right tracking #. and I don't think you should talk to me that way. I run a real bossiness and I do not e=mail it better be hear by Friday. when you won the auction did I tell you to have the money the next day. No you wanted it i sent it
Saturday, January 29 / 11:43 PM Me You made an offer to take the camera back. I accepted your offer. I can not wait for weeks to conclude this deal. It has already been almost 2 weeks since this started. I am retired and live on a fixed income, I can't afford to lose this money. I am completely turned off by this transaction and want it over. I have dealt with many people before, this is the most trouble I have had. If you run a real business you should understand that customers do not want a lot of delay. If you had sent the camera on Monday, I would have it by now. If you couldn't send it Monday, you should have let me know. I asked you in my letter to send tracking information, when I didn't get it I was concerned. I sent the money order promptly, I expected to get the camera just as promptly. Please send the money order on Monday for $81.51 . Again, my address is :(address deleted) I will return the camera immediately with the box unopened once I have your money order in my hand, but I won't wait forever.
Sunday, January 30 / 8:59 AM Dina Elardo i sent the camera right away the c/k cameon the 25 at 3 pm what i should leave work to see if yopur c/k came no .you sent the c/k 3 days after end of auction.and i sent 3 days after auction. i said if ther is a real proublm we can talk. you should not bid if you do not want it. if you want your money back you will have to ship the camera back first give me auction money back and pay for shipping one way ,.i am not a fool. i shipp things all the time and this was shipped on time 3 days after auction is right .so you wanted it you got it . and if you leave me badefeed back i will do the same .and tell ebay. i have the letter u sent it is stamped 3 days after auction
Sunday, January 30 / 12:53 PM Dina Elardo i can not belive tou i just c/k the bank and your c/k is not even cleared yet now you keep it
Sunday, January 30 / 1:04 PM Dina Elardo YOU WILL BE HEARING FROM MY LAYER

Monday, Jan. 31, 2000 - Camera arrived at Fisher, PA - shutter broken, rendering it useless.

Title 18, United States Code

Section 1341. Frauds and swindles

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both.

Update - Monday, January 31, 2000

Received the camera - Postmarked Friday, January 28, 2000 - It was sent only after I complained, and a day later than her previous statement.

The shutter is inoperative, rendering the camera useless - could you guess that ?

She changed her eBay user name to merch123 today - I guess that should make everybody feel better since her past negative feedbacks were under her old user name. Mysteriously, a bunch of her auctions have disappeared as well. What next Dina ? ... and the answer is she hid her feedback so nobody can read it. If people were spooked before, that should put them off for good. All this because she won't do what is right - makes you wonder, doesn't it?

Some Points of Contact - Keep a record of who/when you contact.

Yes, I know - it's a lot of trouble. Do you want your money back or not ? I do, and I'm going to try hard to get it.

  1. Federal Trade Commission - Fraud reporting - http://www.consumer.gov - online fraud report form available.
  2. Fraud.org - Fraud reporting - http://www.fraud.org - online fraud reporting form available.
  3. U.S. Post Office - Listing of Postal Inspector Offices - http://www.usps.com - you will have to call your local office and you will have to mail them a fraud reporting form which they send to you. Or check your phone book for the nearest FBI office.
  4. Better Business Bureau - http://www.bbbonline.org - online report form is routed to the BBB office nearest the seller and you are given the address and telephone number of that office.
  5. State Attorney General's Office - Check for the office in the state where the seller does business. They can also check to see if the 'business' has registered with the state, is collecting/paying taxes, has a state license (if required), or is otherwise practicing illegal or dubious acts. Criminal acts will not result in any refunds to you unless they fall under the state's own version of Crime Victim statutes. Also check the State Police in the state where the seller lives.
  6. Internal Revenue Service - They can check if the 'business' is paying it's fair share. You may be eligible for a reward if they are not.
  7. Local / Municipal Police Departments - In the seller's area.
  8. eBay - Their own fraud reporting system under Safe Harbor, their insurance carrier (maximum payout is $200 - a $25 deductable applies), etc.

Thursday, Feb. 17. 2000 UPDATE

Dina Elardo continues to do business on eBay with a different email address. Her feedbacks have been returned to public view, but eBay has deleted my negative comment on her - the one she left on me remains as a result of their new rules - see http://pages.ebay.com/help/community/fbremove.html. eBay has not fixed their complaint reporting process, so I can still not see all of her remarks. I sent an email to eBay's Safe Harbor asking what this means today. I have received no word from eBay on restitution of my claim or on a disposition of this case.