• Report: #453651

Complaint Review: American Express, Merriem Wombacher - SweetSue98

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  • Submitted: Wednesday, May 20, 2009
  • Last Posting: Tuesday, July 21, 2009
  • Reported By:Mulberry Florida
American Express, Merriem Wombacher - SweetSue98
Sweetsue_98 Cosmetics For All Iowa Florida 50677 U.S.A.

American Express, Merriem Wombacher - SweetSue98, eBay Seller, Fraudulant claims Iowa Florida


7Author 0Consumer 0Employee/Owner

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I am an eBay seller, I have a great feedback score and I always deal honestly with people, even when it has cost me money. . Here's my dilemma, I met another eBay seller and after finding out that I live close to a major shopping outlet she agreed to buy makeup and skin care products that I get at a deep discount, she sells them on eBay and makes a profit. I have sold her several large orders throughout February and March. She appeared to be very happy with her purchases and even occasionaly asked if I was willing to keep this relationship going.

The last time I shipped anything to her was on April 13. And it was a large shipment, with over $4,000 worth of makeup. When she got the order 4 days later she emailed me and told me that I cheated her out of products. I told her that was not possible. I kept out certain things for myself but that I had sent everything to her that was on the invoice. She resorted to name calling and personal attacks; all the while I kept my temper in check and tried to act like a lady. This went on for about three days and I finally sat down and reviewed the invoice and found that I had indeed neglected to send her products.

I want to add at this time that I had a houseful of out of town guests the weekend that I did this invoice and boxed up her order. I should have never attempted to do this with all of the distractions that I had going on at the time. At any rate, the products that I kept out for myself I billed her for. I clearly saw where I screwed up her invoice and set about to repair the damage. I immediately emailed her and apologized, I also sent her a refund of $60.00 and boxed up the rest of the makeup (worth aprox. $400.00)and shipped it to her at my expense. This is all that I can do. She continued to harass me, and threatened to sic American Express on me. I told her I would rather deal with them than with her.

On May 1, I received an email from PayPal that they had taken $217.54 and froze that money. She was asking for it back. I went about gathering my evidence and submitted it to PayPal. I called PayPal and spoke to someone in that department and she told me that it was American Express that would decide this chargeback. I have my UPS bill and all pertinent e-mails and sent them over and they are reviewing it now. I have tracking numbers, emails where she said she "received all items and was satisfied"

My question is this? What if AM EX decides in her favor and refuses to release my money? Am I within my rights to take AM EX to small claims court? I am not afraid to do this because I have all of the paperwork showing she got the products. I just do not know how the system works in favor of the one that doesn't have an account with them. As obviously she does have a business account with the credit card company. Has anyone had to deal with AM EX in the past and what was your experience with them?

I called and spoke to the sargent at the Waverly, Iowa police dept last night, while he was symphatic he told me that I must call my local sheriff and get a report as I am the victim and it has to be done in my local.

Pamela
Mulberry, Florida
U.S.A.

This report was posted on Ripoff Report on 5/20/2009 9:51:55 AM and is a permanent record located here: http://www.ripoffreport.com/on-line-business/american-express-mer/american-express-merriem-womb-a5a63.htm.

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7Author 0Consumer 0Employee/Owner
Updates & Rebuttals

#1 Update By Author

SweetSue_98, American Express

AUTHOR: Pamela - Mulberry (U.S.A.)

The chargeback she initiated was not for the above. That's what I thought when I received the email from PayPal and went about defending that shipment, since she knew I refunded her and sent her the items she knew she couldn't do anything about that shipment so she said one that I sent to her in March (5 weeks later) was "significantly not as described" So I had to go about gathering the evidence to show that she not only received the shipment but her e-mails to me said that “she was satisfied, with her purchases” I even sent her three separate requests to return the merchandise for a full refund, which she ignored. I sent those to PayPal and all correspondence between us. She has done similar things to others as I have been in contact with people that left her negative feed backs; one person even said that she “considered having her attorney address the harassment” from this woman. Others complained to eBay and PayPal.

American Express has a policy that allows their card holders to recover funds if they do not receive the products they paid for. I believe that is a good policy but feel they have the responsibility to make sure this is the case before they are allowed to recover funds. My money is frozen until AM EX decides to let it go, If they decide in my favor. PayPal is fighting on my behalf but there are no guarantees.

I am interested in what others think of this practice, or if anyone has had a similar experience with a major credit card company. Thanks for reading.
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#2 Update By Author

Sweetsue_98 Cosmetics For All

AUTHOR: Pamela - Mulberry (U.S.A.)

I won the PayPal dispute, I proved my case and American Express has not yet released my money. I want to take her (and them) to small claims court, but have to wait until the case has been decided. Ms. Wombacher is deceitful and malicious; she is a liar and a cheat. All of the things she has accused me of, in reality is describing herself.

I sent her e-mails stating that if she returned the merchandise, I would be happy to refund her money in full plus shipping both ways, I initially sent her 89 lbs. (UPS weighed the shipment, not me) she told Am Ex she returned the items to me. She returned 4 lbs. 3.3 oz. (I took photos on the postal scale) because she told them she returned the merchandise they maintained the chargeback was valid. I e-mailed PayPal with the pictures of her shipment. I refused the shipment because it was not what I sent her.

This is wrong! AM EX should not have the power to deduct from anyone's account before the case has been fully investigated. I want very much to take them to court, I would advise anyone who sells on line to be very careful when accepting payments from anyone who uses AM EX. Ms. Wombacher aka SweetSue 98 is a fraud! There is nothing sweet about this woman; she thinks she is above the law.
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#3 Update By Author

please remove this post

AUTHOR: Pamela - Mulberry (U.S.A.)

Please remove this post, as a result of this post my account with eBay has been suspended. This is an important source of income for me and I cannot afford this. I suppose my only recourse is to battle Ms. Wombacher in court and get the law involved. Please remove this post as soon as possible... Thank you
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#4 Update By Author

permenant suspension from eBay

AUTHOR: Pamela - Mulberry (U.S.A.)

Never mind on the last request to delete my report, Goliath has spoken and I have been permanently evicted from eBay. Little do they know that this is a blessing beyond words. It literally consumed every moment of my day (and night) when one door closes... I am sure things will work out for me. So now that is said and done, I want to reiterate that Merriem Wombacher is a thief! She is a liar!! And a cheat!!! She and I both know she received everything in that shipment. Her e-mails to me said that she was pleased with the items, she never complained (to me anyway!!) She is also an alcoholic and I wonder if that has not seriously distorted her judgment. Or perhaps she is just a bitter old woman, who knows? In the short period of time that I knew her I noted that she had to fight with everyone, restaurants, cruise ships, cable & internet companies, landlords, she even complained to me a virtual stranger about her grown children and Mexican daughter-in-law. Yep, she is always right. It is never her fault or maybe just a simple mistake. But then she doesn't make mistakes. So go have your glass of wine Merriem, kick back, be happy. You've done your good deed for the day. But guess what? This post will stay for all to see. So there really is justice in this world.
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#5 Update By Author

Credit card company refuses to return money.

AUTHOR: Pamela - Mulberry (U.S.A.)

Here is the long awaited update, It has been 2 months and 17 days since she began this chargeback. And the credit card company has ruled in her favor so they will not return my money to me. She gets the skin care products and the money, which she has already sold on eBay. I spoke to PayPal and they told me that they were very surprised that it went that way. I proved my case and won the PayPal dispute so now PayPal is going to do their own investigation. There may even be criminal charges against her. eBay wrote me last night and basically said the same thing, gave me the links to law enforcement and said that they investigated and they know she lied and stole from me.

So don't get to comfortable Merriem, you should be looking over your shoulder for legal action against you.
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#6 Update By Author

Invitation to Ms. Wombacher

AUTHOR: Pamela - Mulberry (U.S.A.)

This is an invitation for you to respond to the truths in the previous statements. Your opportunity to fix this, by responding and by paying me what you owe me.
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