Top Notch Surplus Aka James Sanders ripoff by E-Bay Seller Phoenix Arizona

On April 9, 2004 I won a bid for a Chris Cagle DVD Music Video, with the starting bid being $.01, with a shipping fee of $5.00. I bid on this item, and won it. I paid for it on April 26, 2004, in the amount of $5.01. After two weeks after payment, I began e-mailing James Sanders a/k/a Top Notch Surplus regarding the receipt & shipment of the DVD.

On May 21, 2004, I finally got a reply from Sanders. He stated he had "been away from his computer forever, he was sorry, and he didnt even know he had gotten a bid on that crazy thing." He further stated "I will either send a refund or he can send me all three DVDs, whichever I wanted."

On May 24, 2004, I stated I would take the DVD, and provided him with an address where to mail it. He then sent another e-mail the same day stating "well, you only paid for 1, are you asking for all 3 now?" and that he "wouldnt be able to ship them until Saturday, the earliest because he's headed out of town", and he's not sure where the DVDs are!

Well, I waited once again for it/them to arrive. On June 14, 2004, I sent another e-mail in an attempt to rectify what the deal was. My e-mail stated "it's now been two months and five days since I have won, and paid for this item.

To date, I have not received these DVD(s). If I do not hear from you, I will have no alternative but to contact E-Bay and let them know of the goings-on here. I'd appreciate hearing from you as soon as you get this e-mail, and to let's resolve this, please. Being angered, I filed a case through Square Trade, which is affiliated with E-Bay. However, to pay for a mediator, it's $20.00, and being my item was only $5.01, it seemed like I lose out either way!

So, on June 16, 2004, he replied "well, I suggest you find them, as I dont have them anymore" and "why all the filing of crap? I will refund you your money if you can prove that you paid me" and "take your loose (which apparently was meant to say loss), and move on, Bye for now. I will refuse any contact with Fair Trade or Square Trade or whatever, and tell you to go fly a kite. I don't have the time to deal with this anymore. Regards." I replied on June 16, 2004, how dare he, and that PayPal is my receipt. I stated this was bad business.

Anyway, he sent a few more insulting childish e-mails, so I left him negative feedback. I put on June 23, 2004, "I paid in full, e-mailed, mediated, 2 month & 7 days later, no item, no refund, BEWARE!". He replied to my negative feedback "All this for a $.01 cent auction... BLA BLA BLA Good Bye!! No need to neg me!!".

Additionally, within the Square Trade website, where you can find the complaint filed under SquareTrade Case ID# 266048163, E-Bay Item No. 3716085249, he replied to my complaint "Why dont you take the loose (again, I think he doesnt know how to spell loss), and move on you only paid $5.01 for this deal and if it was $500.00 then I would see the issue but just go away and take it in the chin. Bye."

Ok. So this infuriates me! If everyone on E-Bay paid this guy $5.01 for grins & giggles, he'd be a millionaire! We're talking about money here. I did not "gift" him this money. I think there should be some type of reporting of people who do not ship, or for that matter pay, upon completion of a bid. Especially if sufficient communication was attempted between the two parties to rectify the situation. I attempted to either obtain the DVD I won, or obtain a full refund, as I am entitled to, in the amount of $5.01. Nothing more, nothing less.

This Sanders person should have his account revoked by E-Bay. He should be penalized in some way for non-professionalism, stealing, false advertising, slander, harassment, etc. Why should he get away with this? It is stealing. Just as if he took my money from my purse. Granted, it's $5.01, however, it is the point. This is unacceptable! I'm glad it wasnt more money! Does this mean anyone who has paid for an item, doesnt receive it, and doesnt receive a refund, are sh&^ out of luck because E-Bay wont take action? Because it costs $20.00 for a mediator?

Anyone who doesn't spend over $19.99 doesnt see a penny of their money back, in fact, spends more than they lost. I strongly urge nobody to deal with this person, despite positive feedbacks. It is obvious to me that this person was very unhappy his DVD did not sell for more than $.01, and therefore, did not want to give it to me. In fact, I think he probably re-listed it after my winning bid. Where does it stop?

Wendy
Clinton, New Jersey
U.S.A.

Click here to read other Rip Off Reports on ebay