Buyer doesn't want to pay customs charges. Please help!

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#332
That was GREAT.

There is a typo, it should say "expressed" instead of express.

Also, I would include a copy of the original note you sent with the Paypal refund to make it clear where the $141 went.

However, well done!!!

***also is it whom or who (I HATE grammar, isn't there an English professor on here).

choo_girl123 said:
Okay the, here's the message I want to send him. What do you think:

Thank you for your correspondence dated February 25, 2009. I am pleased that you've decided to seek legal representation, as I relish the opportunity to defend myself against your baseless accusations. Perhaps I failed to mention to you that I own a marketing research consultancy, and as such, have an attorney on staff who has been fully apprised of this ongoing situation. Would you be so kind as to provide contact information for Ms. Mireille Sabatini, who you have named as your legal representative in the United States? Despite an exhaustive search of attorneys licensed to practice in both the United States and Canada, we have been unable to locate Ms. Sabatini. As we would very much like to address all future correspondence to her directly, we would appreciate it if you will provide complete contact information for Ms. Sabatini forthwith.

That being said, you might want to make Ms. Sabatini aware of the following information:

First, I too, have shared all of our correspondence with both eBay and PayPal. I have since learned that I was under no obligation to refund you any of the money you paid me, nor am I obligated to provide you with any information part and parcel to this transfer of funds, beyond that which was included with the initial transfer. PayPal has been very helpful in providing me with the necessary steps to have these funds returned to me, and I am happy to initiate these proceedings. You are of course welcome to return the funds to me voluntarily.

Second, it is important that you understand that a sales transaction -- even one between two private individuals completed through eBay -- is regarded in law as a contract in which title to property is transferred, and it is, generally, final. While I am not legally required to publicize my policies, you will find that the listing for eBay item #190262168560 clearly stipulates that "all items shipped outside the United States are FINAL SALE and are not returnable for any reason". As a merchant, I am not legally obligated to offer you (or any customer) a cash refund, credit note, or exchange in the absence of contractual terms creating such an obligation. In this case, the contractual terms of our agreement clearly stipulated that no returns would be accepted and no refunds would be provided. As I am sure your attorney will inform you, you received the funds that you did as an act of good faith; I was not obligated to provide these funds, and I will now do my best to recoup them from you.

Third, in a correspondence dated 11/17/08 you stated that "it is customary when shipping used and/or eBay items overseas to declare a value of less than $50 or to write the word 'gift' to avoid such exorbitant custm (sic) charges". In the same correspondence, you further suggest that I "resend the item to [you]" presumably with falsified customs documentation. By sending this message you have requested that I commit a crime, under U.S. Code, Section 305(a), which is punishable by "a fine not to exceed $10,000 per violation or imprisonment for not more than 5 years, or both". In doing so, you may be subject to criminal prosecution in the United States for solicitation, which is defined as the act of asking someone else to commit a crime. I am certain that your attorney will be able to provide you with detailed information regarding the criminal punishments you may face for engaging in this behavior.

Fourth, in a correspondence dated 12/2/08, you indicate that you have "recently purchased a Vuitton trunk from My Poupette costing $3,850 and paid no extra charge other than shipping and insurance. They agree that it is entirely the seller's decision whether to be cooperative with their buyers in this regard." In sending this message, you admit to circumventing customs duties on a high-value item imported by you, to the UK. A copy of this correspondence has been provided to HM Revenue & Customs. I have been assured that you will be visited by a VAT Inspector, so that appropriate civil sanctions may be taken. In the event that HM Revenue & Customs is unable to remedy this situation through civil sanctions, it is my understanding that the Revenue and Customs Prosecutions Office (RCPO) will take responsibility for prosecuting you, and you will be subject to a broad range of penalties, including but not limited to, "seizure of assets and jail terms of up to seven years". Again, I am certain that your attorney will be able to provide you with more details regarding the legal ramifications of your actions. You might also wish to contact My Poupette, as it is my understanding that this seller will also be subject to civil sanctions and/or criminal prosecution with respect to this transaction.

Finally, I have provided copies of our correspondence to my local police department. As you will no doubt note, on February 22, 2009 I respectfully requested that you cease to contact me. I made a similar request on December 2, 2008. In continuing to contact me, you are breaking the NJ Harassment Law, and can be charged with a petty disorderly persons offense for "engaging in a course of alarming conduct [and] repeatedly committing acts with the purpose to alarm or seriously annoy such other person." You have my express, written permission to email me with contact information for your attorney, Ms. Sabatini. If, however, you continue to send me messages and/or if you attempt to contact me via any other means with information beyond Ms. Sabatini's contact information, I will file a criminal complaint against you, and you will be prosecuted to the fullest extent of the law. Again, I strongly suggest you contact your attorney to determine the extent of civil and criminal punishments associated with a harassment conviction.

As I said, I welcome the opportunity to defend myself against any and all of the accusations you have leveraged against me, and I look forward to recouping the funds I transferred to you on 2/22/09.

Regards,
Danielle XXXXXXXX

Do I send or do I take the high road and ignore this fool??
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#333
coachfreak said:
I don't understand, maybe he didn't see it in the Paypal refund.

I would recopy from that and state it is also included in the Paypal refund.
In case you haven't already done so, make printed copies of all the receipts (both ways shipping, paypal fees, eBay fees) and the emails from him stating he refused to pay customs and keep them in a file.
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Maybe he didn't see the information on the PayP form, but you know what? I'm tired of jumping through hoops because he didn't see things. First, he "didn't see" the information on customs charges being the buyer's responsibility. Then he "didn't see" the note that all items shipped ex-US are final sale. I'm sorry, but I'm not going to be held accountable for his inability to read the information that has been provided to him.

That being said, I do take your point and I do appreciate that you're trying to help me resolve this issue with the least amount of drama. I did refer him to the PayP form in my last correspondence, but it seems he once again failed to review the information I sent. Perhaps Ms. Sabatini, his "legal representative in the US", can read and understand the information I've provided. :p
 
#334
pegasuscom said:
There is no record of an attorney by the name of Mireille Sabatini in Martindale-Hubbell (US and Canada) and Intelius shows no record of anyone with that exact name as residing in the US. Since the transaction was initiated in the US, is he planning on going on Judge Judy? I find it hard to believe that an attorney overseas, or any attorney for that matter, would bother to get involved with this issue or this individual.

The headquarters of Paypal International are located in Singapore. There is a Paypal UK but he is claiming that he called Paypal International. I wonder how much a call from the UK to Singapore costs? And when was the last time ANYONE at Paypal, let alone an "official" sat down and read through pages of emails even if a claim had been opened?

If you do respond to his email, you may wish to ask him for the numbers of his contacts to pass along to your attorney.

I am so sorry that you are still having to deal with this insanity. Are you sure his shipping address wasn't a mental institution instead of a residence? Best of luck, keep us updated, and let us know if we can assist you in any way.
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Thank you so much for this info! I came to the same conclusion, but just in the US - I didn't check Canada. Much obliged Pegasus!!:heart:
 
#335
choo_girl123 said:
Maybe he didn't see the information on the PayP form, but you know what? I'm tired of jumping through hoops because he didn't see things. First, he "didn't see" the information on customs charges being the buyer's responsibility. Then he "didn't see" the note that all items shipped ex-US are final sale. I'm sorry, but I'm not going to be held accountable for his inability to read the information that has been provided to him.

That being said, I do take your point and I do appreciate that you're trying to help me resolve this issue with the least amount of drama. I did refer him to the PayP form in my last correspondence, but it seems he once again failed to review the information I sent. Perhaps Ms. Sabatini, his "legal representative in the US", can read and understand the information I've provided. :p
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He shouldn't have needed to see that.... anyone buying from another country should KNOW they are responsible for customs!!!
 
#336
HandbagAddict & Ayla - thanks for your feedback! You're right - this guy DOES have too much time on his hands (although I suppose the same could be said of me since I am engaging in this email war! LOL) I hope he's not a stalker, since he does have my email, physical address and phone #. He also has an email address associated with Columbia University, which is weird. I wonder if he was at one point based in the US?
 
#337
coachfreak said:
That was GREAT.

There is a typo, it should say "expressed" instead of express.

Also, I would include a copy of the original note you sent with the Paypal refund to make it clear where the $141 went.

However, well done!!!

***also is it whom or who (I HATE grammar, isn't there an English professor on here).
Click to expand...

You're right - it should be whom. I've always been taught that if you can subsitute 'he' than you use 'who' and if you can substitute 'him' than you use 'whom'. As in you have identified [him/whom] as your legal representative in the US.

Wow - that was a lot of useless grammar info. from me, wasn't it? I'll go make the change now. Thanks, Coachfreak! :smile1:

So do you think I should send it or ignore him??
 
#338
You, my dear, have acquired yourself a TRUE LOON. This man is not sane, not reasonable, not rational.
IMO, the response you have offered below has already been said, to no avail... so why bother. You are only asking for further communication from him.

IF I were to respond, it would simply be....

Mr Whomever...
It is a free world. You are welcome to do as you see fit. I choose, however, to cease and desist any further personal correspondence with you.

Word it however you like.. by my point is, YOU ARE DONE. In one sentence.

Your DH is likely right tho... read his emails, print his emails, but do not respond. Any response you give simply gives him reason and opportunity to persevere. The above response and/or NO response is likely to enrage him, and if I am reading him correctly, he may then bury himself with more "threatening" correspondence. And if he does, you turn him in to PP and to ebay.
 
#339
I vote for letting the deadline pass and see if he emails you again. The letter is BRILLIANT – but you can send it to him at any time. Stalkers/sociopaths feed off the attention/anxiety of others. Ignoring him and his histrionics will unsettle and confuse him more than a rapid response. Make him play your game, not the other way around. Choo, please be careful since I assume he has some idea of your address and phone number from the *bay transaction. This individual sounds completely unhinged.

Also, his last *bay purchase was for an access code to a website called demonoid.com - a site that deals with BitTorrent technology. It is a peer file sharing community and it has been alleged that some of these sites are for illicit purposes (selling personal information and credit card info, hacking strategies, computer file theft, etc.).
 
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#342
choo_girl123 said:
You're right - it should be whom. I've always been taught that if you can subsitute 'he' than you use 'who' and if you can substitute 'him' than you use 'whom'. As in you have identified [him/whom] as your legal representative in the US.

Wow - that was a lot of useless grammar info. from me, wasn't it? I'll go make the change now. Thanks, Coachfreak! :smile1:

So do you think I should send it or ignore him??
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LOL.. no my vote is DEFINITELY for sending it and this will be the last one you send :)

The funny thing is I actually have one of my good friends from Cypress check the grammar on all my papers because I HATE it. She will be impressed I picked up on something.
 
#343
Ellie Mae said:
You, my dear, have acquired yourself a TRUE LOON. This man is not sane, not reasonable, not rational.
IMO, the response you have offered below has already been said, to no avail... so why bother. You are only asking for further communication from him.

IF I were to respond, it would simply be....

Mr Whomever...
It is a free world. You are welcome to do as you see fit. I choose, however, to cease and desist any further personal correspondence with you.

Word it however you like.. by my point is, YOU ARE DONE. In one sentence.

Your DH is likely right tho... read his emails, print his emails, but do not respond. Any response you give simply gives him reason and opportunity to persevere. The above response and/or NO response is likely to enrage him, and if I am reading him correctly, he may then bury himself with more "threatening" correspondence. And if he does, you turn him in to PP and to ebay.
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This is a riot!
 
#345
Here is an example:

"In this example, express is an adjective and not a verb. Hearing it as a verb, the ear wants to modify the word to expressed, with a sense: the consent that has been expressed by someone or something. But this is not the correct use of the word in your example. Express written consent means: the consent that has been directly, firmly and explicitly stated. Another example: "He disobeyed my express orders." "

HTH!
 
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