Anyone know ebay name Restorick???

[collecture]

Call and explain the situation - that you want to make sure payment is good and p/u is available ?? days after payment arrives. If he is not going to abide by auction rules, why should you?

[Pat Pixley]

OK here is what you do  you put this in writing and let him know and you send it out certified mail to him
 you also send a email  saying the same thing  and you keep a copy  for yourself, Stating that you will not release this machine till the fund have cleared my Bank.  and then next you also say if his personal check does not clear and bounce you will tack on a $25 charge for that and it will have to be a cashiers check (more expensive) and he will have to wait till that
clears..  

I Josh have sold a victor 3door chest machine to Rick ________ that he has bought on EBay
and he is looking at going out side because he has stated his paypal account is frozen , So
I Have agreed to take a Cashier check or money order . and I will hold the money order or cashier check
for  ___ many day till it clears my bank.

And if he decides to send a personal check  I will hold  ____ days till it clears and if it bounces I will
tack on a $25 charge for the fees that it will cost me ..

Josh Loman

And that what I would do , at least you have something in writing  and you sent it out certified

[Eric]

don't let it go till you have a clear payment in hand...
He should understand after all this hassle you are leary... Who cares if he's a side show on Pawn Stars
that doesn't give him the license to take advantage of others... He's taking advantage enough of the
guys on that show....

[mznb1u]

Pat's suggestion is good but I would verify bounced check fees at you bank.  Most are higher than $25 these days.  And as far as that goes, whatever your bank charges, I would charge double that amount.  Personally, I would not accept a personal check from anyone that I do not know.  This guy is jerking you around.

When you make a deal, if something changes you need to communicate with the seller early and often and this guy did not do that.  You owe him nothing and he is wanting to close the deal outside of E-bay so you certainly have an out if you want it.

Good luck Josh!

  Tim

[loman4ec]

How is this. I sent this in an email,

Rick,

We spoke the other day on the phone about your payment for my Victor 3 door. I have a few issues with this transaction and I wanted to send this message to make sure you were clear. My policy when selling on Ebay is to accept Paypal only and this was very clear in my auction. My policy is also that all payments must be made within 3 days of the auction end. This was also very clear in my auction. The auction ended on 8-5-10 You first contacted me 12 days after the auction on 8-17-10. You finally called after I called you twice and sent numerous emails over the 12 days and opened a nonpaying bidder claim on Ebay. In your phone call you stated that your Paypal account has been frozen and you cannot use it. You would have to send a check and it would be sent by the next day at the latest. I specified that I usually do not accept checks of any kind as stated in the auction however in this case I will only accept a Certified Check or Money Order as a one time payment and it must arrive within 5 days of our conversation on 8-17-2010.

When we spoke on the phone you mentioned that you would have the machine picked up within one week. This is not acceptable. I checked with the bank and a money order takes a maximum of three weeks to clear. I cannot allow the Victor cooler to leave here until the check has cleared. I hope you understand. It is for this reason that I do not accept payment in any other form than Paypal. I will contact you once I have received the Money Order and it has cleared. After that you can have the cooler picked up. If the payment sent is a personal check I will return the check and resell the cooler on ebay. As you promised in the phone call I expect the check no later than 8-22-10. Once the check has cleared I will contact you to let you know that the cooler is ready for pickup.

If you have any questions or comments please call me at (XXX)xxx-xxxx

Best Regards

And this was sent through Ebay since they have a 1000 character limit.

Rick,

I just sent you a message to your AOL account. Please check your mail as this is an important message about payment and shipment of the Victor cooler. In summary, I cannot let the cooler ship until the money order you have sent has cleared. This takes a maximum of 3 weeks although it may be less. You said on the phone on 8-17-2010 that you would send the check out the next day at the latest. I must have the check by Monday the 23rd. That has given you more than enough time. The auction clearly stated that payment was to be made within three days of the auction end and Monday the 23rd makes it 15 days late. Please contact me ASAP if you will need more time and we will see if we can work something out. However if the check is not received and you do not contact me by Monday the 23rd I will resell the cooler and assume that you no longer want it. I can be reached at xxx xxx xxxx or through email.


What do you think. Is that sufficient? I would rather keep the darn thing or even sell it for less than get ripped off. I think if I do some work to it I can sell it for more than $399. Don't get me wrong I am happy to sell it to Rick however I am worried he is going to screw me. He acts like he is the pop machine god now that he has been on TV. Have you seen his prices on his website? Vendo 81A for $7,000, A flat top NARCO cooler bar for $8,500, Jacobs 26 for $7,500, WD-5 Cooler $3,200, a Vendo 39 stripped into a refrigerator for $3,500. Wow If he is actually selling these I feel really sorry for his customers.

[90grad]

I was always under the impression the Ebay transaction was a contract and he CLEARY violated the terms in yours.  If people come by to pick up the stuff before the chesk clears, send them away and resell it.  If he gets mad, oh well.  I know you have the integrity to send his money back (if it even clears in the 1st place) and you still have the cooler.  I'd also report him to the BBB and the USPS, because if his check is no good, he is technically committing mail fraud (using the USPS to buy something with a bad check).

[collecture]

I was always under the impression the Ebay transaction was a contract...

What a joke!! eBay has never backed up that statement.
People win auctions cheap - seller backs out because they thought they would get more money - ebay contacts seller and they say it was lost or broken!
Oh well SO SORRY to the winning bidder!!    

[90grad]

What a joke!! eBay has never backed up that statement.

I agree, but my thought was in this case, that's what helps Josh if Rick starts getting nasty with him.  If Rick doesn't want to wait for the check to clear and starts giving Josh a load of sh-- about it, Josh has the terms of the deal to back him up.  Ebay will never take a side, but Josh doesn't need them to.

[loman4ec]

He just called me! His first statement was "Do you have any idea who I am!" I said yes I know exactly who you are. He said his paypal account was frozen because he processed several hundred thousand through his paypal this month and they froze it. He said he is sorry that I didn't get my Money in time but he has been shooting for TV every day for the past several weeks and hasn't had time to check emails or ebay in weeks and hasn't been worried about little payments like this. He is sending a cashiers check and wanted the cooler picked up the day after it arrived! I laughed and said it could be picked up three weeks after the check arrived once it cleared. He laughed and said fine and hung up.

He thinks that because he has a TV Show and because he can magically turn a vendo 39 into a Cav 72 we should bow down to him. What a Joke. After his cocky phone call I am half tempted to send him his check back and keep the darn cooler.

[Pat Pixley]

Josh still send it out in a certified letter to his address that way you have covered yourself, And
you have taken every messure to let him know how this is going to work , Now if he refuses the certified letter
that is his problem, and it will give you the higher ground if it come down to legal matters.

He just called me! His first statement was "Do you have any idea who I am!" I said yes I know exactly who you are. He said his paypal account was frozen because he processed several hundred thousand through his paypal this month and they froze it. He said he is sorry that I didn't get my Money in time but he has been shooting for TV every day for the past several weeks and hasn't had time to check emails or ebay in weeks and hasn't been worried about little payments like this. He is sending a cashiers check and wanted the cooler picked up the day after it arrived! I laughed and said it could be picked up three weeks after the check arrived once it cleared. He laughed and said fine and hung up.

He thinks that because he has a TV Show and because he can magically turn a vendo 39 into a Cav 72 we should bow down to him. What a Joke. After his cocky phone call I am half tempted to send him his check back and keep the darn cooler.

And this is not your problem that he has been shooting forever how long, who cares, this is not your problem .
and there is nothing worse that someone saying "DO YOU KNOW WHO I AM"  What a joke  so now he has   13: 50 minute of fame left then hopfully he will vanish. He is no different than anyone of us  except he his not acting very professional at all.

Tim, yeah I know I was off on the price what the back charges  at our office we charge $50   for a bounce check.