Never received knives promised in trade agreement; now what do I do?...

Czechmate

Czechmate

Feedback: +93 / =0 / -0
Joined
Feb 24, 2011
Messages
4,423
I really should've posted this sooner and I'm not sure if anything can be done at this point but figured it doesn't hurt to ask... :o

As the title states I had a trade agreement with a member here flipstlye253 (not a typo, real name John Spann AFAIK...) from a while back (Nov./Dec. 2012) and have never received anything.

When I last emailed he claimed everything had been sent a week prior to an email from 12/18/12. I emailed him on Jan. 4th 2013 since I had not seen anything. I emailed again on Jan. 9th as I had not received a reply to my previous email and have seen nothing from this member since.

This member is on Ebay as well under the new username jcspann123 (was flipstlye253) and I don't want anyone else getting scammed on trades/purchases etc.

Is there anything that can be done to make him pay up for the knives he owes me or is it a lost cause? Suggestions are welcome.

Thanks,
Evan (Czech)



Updated as per Karda's input.

Here's the original trade thread: http://www.bladeforums.com/forums/s...tt-all-3-for-emerson-cqc-11-zt-0300-0350-0700!
We solidified a trade agreement; his ZT0300 & 0700 for my Benchmade/Emerson CQC7 & Emerson Commander and I've not received any knives from him.


An earlier for sale thread of mine showing what MY knives looked like (was trying to sell the Commander #3569 and CQC7 (mine was modded with Carbon Fiber tube standoffs in stead of a G10 backspacer) previously: http://www.bladeforums.com/forums/s...se-fixed-blades-Beckers-and-Emersons-for-Sale


Ebay feedback from early 2013 showing clearly that John sold MY commander as well as the ZT0700 he'd promised to trade me, no sign of the ZT0300 or my CQC7 BM/Specwar though:

Emerson Commander -

ZT0700 -
 
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Post the details of the transaction and the members username. Notify them of this thread. Try to work this out between yourselves.

Anyone, regardless of membership level, intentionally scamming or failure to complete deals as agreed etc.... may be banned from the site.
After that it would be up to you to file charges/claim with postal inspectors, internet crime fraud division, local authorities or take the member to small claims court to retrieve compensation.
 
I live 15 miles away from this guy, anything I can do to help? It pisses me off when you bust your ass for your things you cherish only to have some jackass just "help themselves" to your stuff! Let me know, I'll do whatever I can
 
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Sounds like the guy flaked on you. Sorry, but it happens. Look at it this way. You aren't out, nor do you owe anything.
Nothing was sent either way by either party. No transaction. Time to move on.
Case Closed. Thread Closed.
 
EDIT: Apparently I've closed this one in error. My apologies to Czechmate.
He has indeed sent flipstlye253 trade items and not seen anything in return.

flipstlye253 now has 1 week from today to make things right or he will be banned.
 
The more these things happen, the more I am in favor of a waiting period for newbies. Moving forward, stick to people with a specific amount of positive feedback, and a good standing overall. A neutral standing is not the same as a positive one.
 
frontline29 said:
That sucks bro. What goes around comes around. He'll get what's coming to him.
Click to expand...

I don't have any ill feelings towards this guy; I just want my knives back or some sort of compensation in lieu of... :)

RevDevil said:
The more these things happen, the more I am in favor of a waiting period for newbies. Moving forward, stick to people with a specific amount of positive feedback, and a good standing overall. A neutral standing is not the same as a positive one.
Click to expand...


Yeah Rev, I'm like the poster boy of "What NOT to do" in a trade situation... I dove into this trade with both feet and ended up :foot::thumbdn:

Next time I'll be more prudent.
 
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RevDevil said:
The more these things happen, the more I am in favor of a waiting period for newbies. Moving forward, stick to people with a specific amount of positive feedback, and a good standing overall. A neutral standing is not the same as a positive one.
Click to expand...

I'm glad someone took a chance and traded with me my first time. I try to give everyone the benefit of the doubt now to return the favor but i think a probation period for new Guy's is a good idea.
 
RevDevil said:
The more these things happen, the more I am in favor of a waiting period for newbies. Moving forward, stick to people with a specific amount of positive feedback, and a good standing overall. A neutral standing is not the same as a positive one.
Click to expand...

I wouldn't object to this, either. I also think having the low feedback person ship first should be the norm.
 
LEGION 12 said:
I'm glad someone took a chance and traded with me my first time. I try to give everyone the benefit of the doubt now to return the favor but i think a probation period for new Guy's is a good idea.
Click to expand...

When I started in the exchange buying items, I always made it a point to follow the sellers requests as much as reasonably possible. It's 95% common sense, and 5% following the written rules of what and how to do things.
 
LEGION 12 said:
I'm glad someone took a chance and traded with me my first time. I try to give everyone the benefit of the doubt now to return the favor but i think a probation period for new Guy's is a good idea.
Click to expand...

+1

I had no feedback, but a long registration date and that got me some credit.

It really sucks that people bone out on deals and ruin it for good traders and buyers/sellers. I'm sorry that happened to you. I do think it says a lot about you that you are maintaining a positive attitude though.

My experiences have been excellent. I've been fortunate to trade with a few great people and end up with knives that I wouldn't have been able to aquire otherwise.

I hope you keep exchanging, and that all of your future deals go well.

Btw, I've made it my own policy to take a pic of the receipt for the shipment and email it to the other party as soon as I do ship. Goes a long way for building trust and confidence. ;)
 
Update:

I found out that he had sold MY Emerson Commander via Ebay on January 19th, 2013 and that he's recently changed his username and now goes by jcspann123 so buyer beware! :thumbdn::mad:
 
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Karda said:
As I have not heard back from flipstlye253, he is no longer a member of this forum.

http://www.bladeforums.com/forums/s...e-sharks-at-all-hours?p=12146287#post12146287

Again Czechmate, I apologize for closing this originally and I also apologize for taking so long to ban him. It has been very busy here lately.
Report him to Ebay. Notify Postal Inspectors....etc.... at this point.
Click to expand...

Thanks Karda; I didn't expect that you'd receive a response... :thumbdn: As for being busy, I know the sharks probably don't go hungry around here for long! :D
 
Czechmate, here is what I urge you to do:

By the way, make sure you document EVERYTHING. If you can, make hard copies of everything.

1. FILE A POLICE REPORT WITH HIS AND YOUR LOCAL POLICE DEPARTMENT.

Since the transaction took place across state lines and utilized the US Postal Service, it may constitute mail fraud and involve the federal govt. I may be wrong, but I do know that you need to file a police report both with your local police dept. and file one with the local law enforcement in his area. Be vigilant about it afterwards as well.

A courtesy visit by the police to his residence may scare him enough to set things right with you.

2. CONTACT EBAY AND LET THEM KNOW HE SOLD STOLEN GOODS. THEY WILL MOST LIKELY SUSPEND HIS SELLER ACCOUNT UNTIL HE CAN PROVE OTHERWISE.

3. SUE HIM IN SMALL CLAIMS COURT.

If you reside in the same state, then you may have considerable less trouble in filing suit. If not, here are your options. I would also contact the courts in HIS county to get more information. They may also be able to provide you with other options and alternative. Good luck. Don't let anyone punk you.

GUIDELINE FOR SUING OUT-OF-STATE DEFENDANTS

Individuals
The basic rule is that state courts–including small claims courts–only have the power (lawyers call this jurisdiction) to hear cases involving individuals who live in or are present in the state. If you want to sue someone who lives in another state and doesn't travel to your state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers by mail, but normally you'll need to show up in person on court day. (Some states allow people on active duty in the military and occasionally others to present their case entirely in writing.)
There are, however, circumstances under which you can use your state's small claims court to sue an out-of-state resident:
Out-of-state residents can successfully be sued in-state if you manage to serve them with court papers while they're physically within your state's borders and if the dispute arose in your state. For example, you live in Florida and a nonresident injures you or damages your property while he or she is in Florida, or a contract with a nonresident was negotiated, performed, or violated in Florida.
A nonresident who has a vehicle accident in your state may be sued in your state's small claims court no matter where that person lives. Similarly, a nonresident owner of a vehicle may be sued no matter where the person lives if his or her car was being driven in your state by another person and was involved in an accident. Contact your small claims court clerk for details.
The out-of-state owner of real property (including owners of apartments and other rental housing) located in your state may be sued here on claims relating to that property.

Businesses
When it comes to suing a business in small claims court, you may sue any business that is organized (incorporated or established as an LLC) in your state.
In addition, you may bring suit against any business–whether incorporated or not–if one of the following conditions is true:
the business was responsible for injuring you or damaging your property in your state and you can find a way to serve your court papers on the business in your state
the business breaches a contract with you that was negotiated or was to be performed in your state and you can find a way to serve your court papers on the business in your state
the business has an office, warehouse, retail establishment, restaurant, or other physical facility here, even if that business is headquartered or organized elsewhere, or
the business does regular business in your state by selling products or services, employing a sales rep who calls on you personally or by phone to solicit business, sending you a catalog to solicit your business, or placing advertising in your state's media.
The short story about suing out-of-state businesses. What it comes down to is that most large national businesses can be sued in any state, but smaller businesses that are headquartered in another state, do no business in your state, and have no physical presence in your state can be sued only in the states where they operate.
Example 1: While on vacation in Florida, you slip and fall in the ticket office of a small locally owned commuter airline that operates only in Florida. When you return home to Maine, you file suit against the airline for your injuries in small claims court. The judge will toss out your case, because Maine courts do not have the power (jurisdiction) to hear a case involving a defendant that doesn't operate, advertise, or solicit business in Maine. The only place you can sue the little airline is in Florida.
Example 2: You're at home in Maine and planning your vacation to Florida, and you slip and fall in the ticket office of a national airline that has its headquarters in Florida. This time, you can sue the airline for your injuries in small claims court. The fact that the airline does business in Maine gives this state's courts the power to hear your case, even though the airline has its headquarters elsewhere.
Example 3: You own a small graphic design company in Maine and negotiate a contract over the phone and via email with a clothing designer in New York to design business cards and signs for a new store that the clothing designer plans to open in Maine. You complete the work on time but the designer refuses to pay you. Can you sue the designer in Maine's small claims court? Yes. It's arguable whether the contract was negotiated in Maine, but it's a fact that you performed the work in Maine. Thus, you can sue the designer in Maine small claims court if you can serve your court papers on the designer within Maine's borders.

Source: Ralph Warner
 
Czechmate said:
Update:

I found out that he had sold MY Emerson Commander via Ebay on January 19th, 2013 and that he's recently changed his username and now goes by jcspann123 so buyer beware! :thumbdn::mad:
Click to expand...

From ebay:

User ID / Effective Date / End Date

jcspann123 / Apr-18-13 / Present
flipstlye253 / May-28-11 / Apr-18-13

Changed on the date OP started this thread.
 
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