Dealtree, Inc , 2ndturn On EBay, Dealtree Not Honoring Ebay Auctions ending Low Irvine California

On Dec 10, 2008, I won eBay auction # 130273538625 and paid for item that day via paypal. After not recieiving shipping info by Friday Dec. 12th (as promised in the auction), I emailed the company on Monday Dec. 15th. I was informed on Tuesday Dec 16th, that the item was "lost in inventory" and a "comparable item was not available", and that a refund would be processed. I was refunded the money on the 17th.. a week after making payment.

This company had 10 of these items that all ended that day (the other 9 were item #'s 130273622603, 130273562459, 130273545298, 130273520360, 130273513588, 130273511268, 130273505192, 130273502756, and 130273493943). Out of all 10, my auction ended at the lowest price. Cooincidence that the lowest one turned up "lost in inventory"?... I don't think so !!!

Their claims of "comparable item not available" were also FALSE. This company listed ebay item # 130275324453 on Dec. 11th., followed by eBay item # 130276506819 on Dec. 17th. Both of these would have been "comparable". Note that the one listed on Dec. 17th was "just after" I was refunded the money.

I filed a "fraud complaint" with eBay, and after their so called investigation, they informed me I was not responsible for purchase of the item, and that the seller would be issed a warning, or have their selling account suspended. Yea right, as if ebay is going to do ANYTHING against one of it's largest sellers.

Immediately following being informed by eBay on Dec. 30th that the fraud complaint was closed, Dealtree listed eBay item # 130278763272 on Dec 31st... Another comparable item.

Dealtree uses "lot numbers" which are listed in each auction. Having purchased two items before from them, I also know that this lot number (with barcode) is put on the packages on a 2"x3" sticker and includes date and time information as to when the item was recieved into their inventory.

My original auction was lot number 2520485. None of the other 3 "comparable items" listed used the same lot number. HOWEVER, on Jan. 5, 2009, a 4th "comparable item" was listed on eBay (item # 130279625157)... this time with the EXACT SAME lot number.

I notified eBay of this in an attempt to "reopen" the fraud complaint... but recieved no response. I also opened another fraud complaint, again, no response. It's clear that eBay is now IGNORING my complaints.

I also asked dealtree via their website to CANCEL that auction, and provide the now "un-lost" item to me for the original auction price (a legally binding contract that they entered into when the item sold). Dealtree refused to cancel the auction, and have ignored my emails ever since I filed the fraud complaint with eBay.

It is VERY CLEAR from the evidence that this company is committing FRAUD, by refusing to sell items that end low, and relisting those items. Today, the item that should have been mine for $67.00 , sold for $151.64 in the relisted auction. Resulting in not only more profit for Dealtree, but also additional profit for eBay in the form of fees.

This company is based out of Irvine, CA., but operates a warehouse in Mckinney, TX... where the items actually were. I have sent a complaint "via email" to Police in Mckinney, TX to nofify them of this fraudulant activity occuring in their city.

As you can tell, I'm not interested in getting the money back. I'm interested in recieving the item that I agreed to buy, for the price I agreed to pay, by winning the eBay auction.

It is clear that eBay supports and participates in this fraudulant activity by not enforceing a policy that requires it's sellers to honor their auctions (legally binding contracts).

Anyone else out there who's had their dealtree auction "lost in inventory"?

Kevin
Birmingham, Alabama
U.S.A.