I screwed up and need advice

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:( I really screwed up and need some advice on what to do. Last friday I put in a bid on a Protech TR-3 at Bladeauction and won it. Unfortunately I did not pay attention to the details on the seller's payment terms and discovered on my email notice that he only accepts payment via PayPal and also hit me with the 3 percent surcharge that he did not mention on the auction. Normally this would not be too big a deal (except for the surcharge part) but on this rare occasion I did not have enough money in my PayPal account to cover the total he wanted. I emailed him and confessed that I did not pay attention to the payment terms and was caught off guard and could not send him payment since it takes three working days to transfer money into the account. I apologized for not paying attention to his terms and informed him that I could send him a postal money order for the knife or do a transfer and pay him via PayPal which would probably take the same amount of time. I also informed him that if this was not acceptable I would simply have to be hit with a negative feedback and would not complain about it. The seller emailed me back and informed me that a money order was not acceptable and further implied that I was a dead beat which would be reflected in his feedback. I guess the question I have for all you fellow formmites is.... Am I really a deadbeat who deserves this? I admit that I made a mistake but I am not left with any options to correct this error since he refuses payment by any other method. :confused: It sucks to be me.
 
(Gets up on soap box):D

It is against PayPal's User agreement to charge the additional 3%. If the guy is a dealer, then its a felony. If the 3% is whats stopping you from having sufficient funds, then thats total BS on the sellers part.
 
TBG:

This may sound like a silly question, but by "felony" do you mean as per Paypal rules or Federal law of some form?

And I would agree about the stickler seller having quite bad form.

Very best regards,

Stewart
 
Actually, I did mention that the 3 percent surcharge was a violation of his terms of agreement with PayPal and if he insisted on passing it on to his customers he should at least mention it on the auction site. I don't think he took that too well and decided that slamming me on Bladeauction was mor important than getting payment from me.
 
This may sound like a silly question, but by "felony" do you mean as per Paypal rules or Federal law of some form?

By Law:

Under Visa, MasterCard, Discover and American Express regulations and the laws of several states, including California, merchants may not charge a fee to the buyer for accepting credit card payments (often called a "surcharge"). You agree that you will not impose a surcharge or any other fee for accepting PayPal as payment.
 
Just to clarify the terminology, a felony is a serious crime that is punishable by imprisonment for one year or more (or in some states, six months or more defines a felony). A misdemeanor is a less serious crime. Passing on the Paypal fee is not a felony anywhere, or a misdemeanor either. Several states have prohibited the practice, but none have made it a crime.
 
Cougar Allen: The information I passed on may be incorrect. This was told to me second hand by a Dealer who received paperwork from Ebay in regards to the matter. I was told its a felony, So I can't say I know the crime part first hand
 
Sod Buster,

Were there other payment terms, specifically relating to how long the winning bidder had to pay? Usually there is some language like "the winning bidder must contact the seller within 3 business days and make payment within 5 business days or blah blah..." so I am wondering if the 3 days you needed to square away your PayPal account would have been OK under the terms of the sale. If not, you maybe could have given PayPal your credit card number and paid for it that way (unless that takes 3 days too--I don't know).

Or if you have a friend with a PayPal account they could pay for it and you could pay them with a money order. Or maybe if there were a forum member with a PayPal account that you have dealt with before they could do that for you.
 
Can't you just pay with PayPal and select your checking account as the source of additional funds(as opposed to a credit card)? That would send the payment instantly and then electronicly debit your checking account.

BTW, I'm not sure why the guy wouldn't accept a money order...money orders are guaranteed funds and mailing the MO shouldn't take more than a couple of days...sounds like the guy was being a bit of a jerk to me...

Mark
 
The guy is a prick for not excepting M/O's.
Probably trying to beat income tax.
He is probably the deadbeat in the transaction.
Randy
 
You are not a dead beat.The seller sould be a little more understanding,you did offer to work it out in a timely manner.Also I don't belive you have to transfer funds to your paypal acount.I just put what ever cash I need in my bank account send paypal and it is pull from my bank account.ie if I have 5.00 in paypal and need to send payment for 20.00 I go and put 15.00 in my checking and send payment,paypal sends the 5.00 in that account and pulls the other 15.00 from my checking.
BTW please post his name so I can avoid him.
 
Ken this guy is a jerk.You are far from any dead beat and you should contact Josh incase any negative is posted. You tried to work it out with him and he was rude and moronic.Dont think twice about this.
 
Wow, Nifrand
I don't accept money orders or paypal either one for auction payments. Does that automatically make me a prick and a tax evader? I have some very good reasons for those decisions.

Sod Buster
I recommend you pay with paypal if at all possible and take the added fee issue up with paypal customer service. They will probably give you a refund.
 
U812
I accept American Express, Discover, MasterCard and Visa. I honestly think the buyer has more security paying this way than any other form. Merchant credit card account providers take a negative view of paypal and have been known to cancel merchants who also offer paypal. That is why I no longer accept paypal.


Edited To Add:
By the way, I am not the BA seller that Sod Buster has the dispute with, nor do I know who it is.
 
#1: It's BS that the seller is only accepting PayPal payments !

#2: You should have paid attention to all of the details of the sale.

#3: Being called a "deadbeat" is subjective. According to "Websters". . .a "deadbeat" is "a person who persistently fails to pay personal debts or expenses." The operative word is "persistently." I think that it's pretty childish for the seller to exort to name calling !

#4: I'm getting tired of hearing that, "it's a felony to charge someone a 3% charge for using PayPal." I called my lawyer this morning and asked him. Had a hard time getting him to spit the "real deal" out. . .he was laughing so hard !

Here it is: "It is neither a felony nor misdemeanor ! However. . .it is a breach of contract (very very minor form). . .if one has been formally notified of the condition and said person agrees to the condition. PayPal recourse: Suspend or terminate the violators priviledges. They could also file charges, against the violator, in civil court."

He had to get tissues, to wipe the laughing tears, at this point.

He continued, "Let's be real. . .do you think that PayPal is going to waste their time, effort, or money to persue someone in civil court for a 3% BS charge that amounts to a couple of bucks ? It would be easier and less expensive to suspend or terminate the violators priviledges."

Fee advice from the lawyer. . .Don't believe everything you hear ! Especially, if it's second hand information !
 
Sod Buster,

Another thought occurred to me. I don't necessarily think you would be obligated to do this under the specific circumstances you have stated, but a possible alternative might be to contact the second-place bidder and offer to allow him to buy the knife at your price (maybe he was willing to go hiher than his maximum bid), or to buy it at his maximum bid and you could make up the difference to the seller from your PayPal account.

Either way, the seller does sound like a dickweed.
 
TBG, Cougar, and GogOne:

Thanks for the clarification on the "felony" issue. I was somewhat doubtful that the surcharges were actually criminal but I have seen it referred to a "felony" so much that I was under the impression that it was either being used as a catch phrase as meaning that the company took the issue very seriously or that perhaps there was some vague federal statute that I was unaware of. Sounds like at the most this might be a tort but as GigOne mentioned it would be almost criminally stupid to attempt to pursue the issue in court unless the amount in question was extremely high.

Sod Buster:

Best of luck dealing with the seller.

Stuart
 
This is cut and dry case.

Based on the info you posted here. The guy is trying to enforce an illegal clause in an otherwise legal contract. Thus there is no legal contract.

If he refuses, he cannot legally expect you to pay. Because he was trying to enforce an illegal clause, he is the one in error here and not you.

You have offered alternate payment methods in good faith, he has refused.

That's it.

Don't accept the negative feedback, as it is slanderous and inaccurate. If he does, contact bladeauctions to have it removed. Cite the illegal portion that the seller was stubbornly attempting to enforce. Contact paypal and make them aware of the fact. Paypal is aware of the laws and will provide you with good uninterested third party feedback as a basis to convince Bladeauctions to comply with your request.

Document the stuff, file it and file it away.

Leave the seller some negative feedback.

That's it, Thank you and please pay the clerk on your way out.:)
 
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