I think I have been scammed - help!

Mar 16, 2007 at 11:17 PM Thread Starter Post #1 of 51

Dimitris

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I bought a pair of Sonus Faber Cremona Auditor in Audiogon last week. I have contacted the seller on his phone and we have talked about the speakers for around 5 mins. After we agreed that we had a deal I asked how he wanted me to pay and he asked whether I have paypal. Since I don't (yes I am such a big moron) we have I agreed to send him a bank check (personal check) and as soon as it would clear he would send me the speaker.

I have mailed him the check last Thursday and I know he had it on Saturday because we talked on the phone. We talked again on Tuesday when he told me that he left the check to be cleared. In my bank account it appears that it has cleared on Wednesday. Ever since I have dropped him an email yesterday but he hasnt replied and today (while I am starting to get crazy) I have called him several times but he wont pick up his phone. I left him a message on his answering machine but I am afraid I have been scammed. Since the price of the speakers is around $3k any suggestions are very welcome. Please note that he is located in California. Is there a way to retrieve any payment in case he doesnt get back or should I kiss my hard earned money goodbye?
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Please note that he has excellent feedback so far in Audiogon. I have his phone number, name and address if that helps at all.
 
Mar 16, 2007 at 11:20 PM Post #2 of 51
You should wait a few more days and if you don't hear from him you should show up on his doorstep with a very sharp knife
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Mar 16, 2007 at 11:35 PM Post #4 of 51
I'd give him a couple of days, especially given the time diffs.

I'm sure it will all work out.
 
Mar 17, 2007 at 12:43 AM Post #8 of 51
Checks take a lot longer to clear than people think. Plus even if it did clear, I'm pretty sure banks can do a charge bank, especially if fraud is involved. I would go to your bank first thing tomorrow morning and tell them about the situation and ask what your options are if it turns out the transaction was indeed fraudulent.

I really hope everything works out. I order so much stuff from people all the time and never think twice about sending strangers money. Try not to freak out (yet), but definitely go to your bank and see what can be done, if things don't work out. Hopefully the seller will contact you and things will be okay.

Keep us updated.
 
Mar 17, 2007 at 3:33 AM Post #9 of 51
Sorry to hear about the questionable situation you're in Dimitris. The seller might just be acting extra cautious as banks can always reverse the check / MO after it's "cleared" if it's found to be fraudulent. I hope everything works out and you hear from him soon.
 
Mar 17, 2007 at 5:42 AM Post #10 of 51
Quote:

Originally Posted by Dimitris /img/forum/go_quote.gif
I bought a pair of Sonus Faber Cremona Auditor in Audiogon last week. I have contacted the seller on his phone and we have talked about the speakers for around 5 mins. After we agreed that we had a deal I asked how he wanted me to pay and he asked whether I have paypal. Since I don't (yes I am such a big moron) we have I agreed to send him a bank check (personal check) and as soon as it would clear he would send me the speaker.

I have mailed him the check last Thursday and I know he had it on Saturday because we talked on the phone. We talked again on Tuesday when he told me that he left the check to be cleared. In my bank account it appears that it has cleared on Wednesday. Ever since I have dropped him an email yesterday but he hasnt replied and today (while I am starting to get crazy) I have called him several times but he wont pick up his phone. I left him a message on his answering machine but I am afraid I have been scammed. Since the price of the speakers is around $3k any suggestions are very welcome. Please note that he is located in California. Is there a way to retrieve any payment in case he doesnt get back or should I kiss my hard earned money goodbye?
eek.gif
Please note that he has excellent feedback so far in Audiogon. I have his phone number, name and address if that helps at all.



You said yourself, large sum of money, and you werent willing to use paypal. This guy isnt about to jump into this and ship you your speakers before making sure your money is safe in his pocket.
 
Mar 17, 2007 at 7:56 AM Post #11 of 51
He might have the check and deposited it, but often the bank will hold funds on out-of-state checks for 7-10 days. Yeah, and they debit your account while they do it, too. Nice, huh?

My guess is that this is what happened, and the seller is waiting for his bank to give him the all-clear on your check.

Now, what the seller has done wrong is not tell you the status. The hold is normal, but he should tell you what's up.

In case of fraud, I don't know if your bank would stop payment and refund you. They might, and it'd be worth contacting them if that happens. If you sent your check by US Mail (not FedEx, UPS, etc.) and you're defrauded, it'd be mail fraud. Contact the Postal Inspector if this happens. If you have to file a lawsuit, you probably would not be able to use small claims. Instead, you'd probably have to file in the U.S. District Court for NY.

In the future, don't send personal checks. Use PayPal or one of the other options with a credit card. If you get screwed, you'll have better options for recovery or can shift the loss to your provider.

But give the guy the benefit of the doubt. I don't know more than what you've said, but if he takes PayPal and has good feedback, it doesn't "smell" bad to me. I think it's just a bank hold.

I hope you get your speakers. Let us know-
 
Mar 17, 2007 at 2:27 PM Post #12 of 51
“In case I am scammed is there a way to get my money back?”

No and you should have thought of that before you got into the transaction. After you’ve sent the money is a little late to be worried about your options.


Mitch
 
Mar 17, 2007 at 3:59 PM Post #13 of 51
Quote:

Originally Posted by braillediver /img/forum/go_quote.gif
“In case I am scammed is there a way to get my money back?”

No and you should have thought of that before you got into the transaction. After you’ve sent the money is a little late to be worried about your options.


Mitch



Lesson taken. I don't why you need to be mean about it though.
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Mar 17, 2007 at 4:19 PM Post #14 of 51
Hope everything turns out ok, and that you receive the speakers!
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At least give the seller a few days to respond...
 
Mar 17, 2007 at 4:22 PM Post #15 of 51
Hmmm, I think this is a tough situation, but I agree with Jimmy. Give it a bit more time. It'll be fine.

Congrats on the speakers. I owned a pair while I was living in Tokyo - I still remember on one of my favorite songs there's this knocking sound to the right and every time I played it on those speakers, I would instinctively jump up to go answer the door.
biggrin.gif


Best,

-Jason
 

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