Scammer on eBay

It's interesting to note what EBAY says about "borrowing" text or images from other listings.

"You should avoid "borrowing" text or images (including photos) from other listings on eBay, a manufacturer's web site, product catalogs, or other sources without specific permission from the owner. Contrary to popular belief, simply because images and text may be found somewhere on the Internet does not necessarily mean that they are not protected by copyright laws. Copyright laws apply to the Internet, and manufacturers or other copyright owners may object to the use of text or images that they own or have created. "

http://pages.ebay.com/help/sell/compliant-listings.html

Aside from this, I think this is a good post to warn about this seller. Would you want to buy from this seller who you know may not have the item you're bidding on and may not be able to get? imo, that is fraud.

Which is why in a previous post I suggested watermarking your photos. Put you name or web site on them, so when they are "borrowed" or "stolen" in this case you have legal action. As someone who does a lot of photography I make sure where I submit said photos so they aernt stolen
 
Re: SCAMMER ON EBAY

now...........understand that I'm playing "devil's advocate" here,..........auction ends, and seller gets paid, and "something" happens to said drums. They get stolen. They burn up in a vehicle fire. UPS destroys them in transit. What does the seller do. Find a new set? No. He refunds the buyers money..........
You're making a distinction here. Those are factors which are beyond the seller's control. If, however, he can't sell the item because he never possessed it in the first place, that is his own fault, and the contract is broken because the seller was deceiving the buyer. Not acceptable.

I also would not "attack" an eBay seller either, the way the OP has done. I'd simply "keep on marching".
Why? He is alerting others about a dishonest seller on ebay, and I'm glad he did.
 
Which is why in a previous post I suggested watermarking your photos. Put you name or web site on them, so when they are "borrowed" or "stolen" in this case you have legal action. As someone who does a lot of photography I make sure where I submit said photos so they aernt stolen

i agree with grunters on this! i'm not jumping in this discussion, but i smell "scam" (imo).
 
i agree with harryconway and Monica. he may be on the wrong side of ethics, however he really isn't breaking the law.
Try this:

Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract.
 
Try this:

Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract.

But did this fellow in question indicate he actually had the goods? the nature of the buyer/seller transaction, the possession of product for sale can easily be assumed or implied. I don't think you can 'misrepresent' based upon assumption, can you? All the fellow has to do is come up with the goods being offered within a reasonable period of time, or declare it unavailable and return the money.

There certainly has to be a measure of good-faith involved, not to mention laws that will protect both buyer and seller from the unscrupulous types. One still has to prove that there was a false statement made.

poaching photos doesn't qualify, unless you protect them by a watermark or embedded identifier captions.

I think our friend, 75sling, is feeling used and victimized. And I don't necessarily blame him, however he might consider carefully his choosing to go after the naughty fellow. The collection of 'materials' is, I think, a thinly disguised threat towards a harassment accusation.

I want to be clear that I personally find these types of sellers most unpleasant and lacking in class and morals. Better to avoid and ignore them. as I suggested in my earlier post, they'll go away only after their 'market' has vanished. (or try somewhere else...)
 
But did this fellow in question indicate he actually had the goods?
Although implication can constitute misrepresentation, here are a couple of overt examples indicating possession:

What we have here is a used DW Keller Shell 5pc

What we have here is a DW Collector's Series 5pc Kit

ANOTHER GREAT CUSTOM ORDERED KIT AVAILABLE HERE!

Up for grab here is another beautiful Slightly used 5pc DW Collectors Series

Another great buy here!
"We have" and "here" indicating possession.

Further, the seller makes claims he cannot possibly know without ownership. Examples:

This kit never left the studio.

used only in studio never gigged out!
How does he know they never left the studio? Because he read it on craigslist?


All the fellow has to do is come up with the goods being offered within a reasonable period of time, or declare it unavailable and return the money.
i.e. break his contractual obligation.
 
A) Look at all the items ps119175 has for sale. Everyone I saw is in BIN, not auction, format. B) Every auction I checked had this clause written in it's description, including one of his "negatives" (that was the first one I looked at close)............"I reserved the right to end this listing without prior notice when sold locally!"..............without entering into any more loquacious legal-eze palaver, I'll assume he's within the bounds of "fair play", as far as eBay rules are concerned.
 
A) Look at all the items ps119175 has for sale. Everyone I saw is in BIN, not auction, format. B) Every auction I checked had this clause written in it's description, including one of his "negatives" (that was the first one I looked at close)............"I reserved the right to end this listing without prior notice when sold locally!"..............without entering into any more loquacious legal-eze palaver, I'll assume he's within the bounds of "fair play", as far as eBay rules are concerned.

Hey guys i'd just like to say, maybe he is playing by the rules. But so were a lot of MPs in the recent expenses scandal. Just because something is within the rules, doesn't mean it's right morally. If something that's morally wrong is within the rules, maybe the rules need changing?
 
...... maybe he is playing by the rules. But so were a lot of MPs in the recent expenses scandal. Just because something is within the rules, doesn't mean it's right morally. If something that's morally wrong is within the rules, maybe the rules need changing?
OK.....we can always go there. There are a ton of other, more important issues, that can be addresses, should be addressed, and are being addressed, in the world. But, in keeping the topic at least tied to the OP and this "particular" eBay seller, where is 1 example of "evidence". Can any annonymous persona now yell "scam" and all the townfolk agree. Is a man now guilty, until he proves he's innocent? I thought it was supposed to be the other way around. Beyond a shadow of doubt? What happened to that concept? Or do the townsfolk simple storm the castle and burn the monster, because 1 voice yells "scammer". Where's the morality there?
 
Well...


It's like I've said in the past about eBay, and all the other "internet" buying/selling sites. It's buyer/seller BEWARE!

Look, I DON'T TRUST anyone I don't know personally. And that certainly includes someone on the internet I've never met. I mean, come on people!

Legal or not, getting scammed SUCKS! Whether it's getting a box of confetti after paying for something, or giving someone your PayPal account #, and they sell something for MORE than you sold it to them for...


It's just wrong!

Solution? Don't buy on eBay, Craigslist, or any other on-line store that isn't accredited and/or not backed by a "trusted" affiliate.

I don't deal with "Joe-schmoes" that wanna scam me. And staying away from these sites...

I've succeeded.

;-)
 
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I really did not mean to yell, I just wanted to get across my point...

When someone STEALS my pictures, I don't really care....but when he tries to sell "ME" a drum kit that "I OWN", and asks for "my" paypal account, then he's a SCAMMER!!

DRUMTECH NY is a SCAMMER!!!!

75sling
 
You're assuming this. In the meantime, he has 233 unique sales under his belt, and 4 complaints. Does that leave us with 229 buyers who are too stupid to realize they've been scammed. They were "ripped off", but were still nice enough to leave positive feedback. Because? Or did his system actually work 96% of the time. Leaving 229 "actual sellers" happy (because he did have to buy product from "someone") and 229 "actual buyers" happy, hence, positive feedback. He's just the "middleman". Look at what just went down with the oil industry. Cats bought oil at $100 a barrel, sold at $164 a barrel. And never did that oil ever wind up in their back yard/house/possession.

yeah, and everyone in the oil industry should be burned at the stake, what's your point?
 
I really did not mean to yell, I just wanted to get across my point...

When someone STEALS my pictures, I don't really care....but when he tries to sell "ME" a drum kit that "I OWN", and asks for "my" paypal account, then he's a SCAMMER!!

DRUMTECH NY is a SCAMMER!!!!

75sling

OK...and again.....I'll state.....for the 3rd time I believe, that I'm playing the "devil's advocate" here. You approached ps119175 as a buyer/potential buyer, for a drum kit he's selling on eBay. If all his listings are BIN on eBay, and they all have the clause "I reserved the right to end this listing without prior notice when sold locally!", then, as a buyer, all you really need to do is press the BIN, and then PayPal the cat. That appears to be the way it went down for his 229 happy customers. You, however, by posing as a buyer, some might call that "entrapment". Now, the big grey area is....these 3 e-mails. If he's now found out, you're not a buyer, you're the seller, he would need your e-mail address to PayPal you. This whole "start the process", gawd, you PayPal someone money, in an instant. You receive money, in an instant. So "who knows" what's going on there.......here's more "food for thought".........what if ps119175 and 75sling are the same person. Some people believe than "any publicity is good publicity". And if that's the case, anyone who's read this thread has been exposed, perhaps, to 181 items for sale on eBay. Some "high dollar" stuff too. If ps119175 makes 1 sale off this thread, it'll all be worth the effort, eh?
yeah, and everyone in the oil industry should be burned at the stake, what's your point?

Well, read my post again. Maybe you'll understand. By the way, if we burn "everyone" in the oil industry "at the stake", what are you gonna pump into your cars fuel tank?
 
So today at my birthday party I explain to my brother-in-law, the attorney, what Drum Tech NY is doing. My brother-in-law, the attorney, says as long as he has a disclaimer about the inability to deliver the goods subject to prior sales, he's doing nothing illegal, even if he is a complete d-bag. Then my brother-in-law, the attorney, procedes to tell me that many of the online auto auctions for used cars are done without the seller owning the vehicle, in much the same way .
 
..... I explain to my brother-in-law, the attorney, what Drum Tech NY is doing. My brother-in-law, the attorney, says as long as he has a disclaimer about the inability to deliver the goods subject to prior sales, he's doing nothing illegal, even if he is a complete d-bag. Then my brother-in-law, the attorney, procedes to tell me that many of the online auto auctions for used cars are done without the seller owning the vehicle, in much the same way .
Always/usually good to have an attorney in the family. Thanks for that info., RL.
 
Harryconway....I'll go on for the record to state that I (75sling) and ps119175 are NOT one in the same...I don't have any connection or association with ps119175....other than through ebay. will that suffice?

Drumtech NY is a SCAMMER!!

75lsing
 
I'm suprised this thread has got over 1100 hits. I wonder, if ps119175 were here, to defend himself, what his side of the story would be.
 
I just wanted to compliment everyone for a great discussion here, lots of justified opinions without the personal name-calling.

Very thought provoking. Thanks guys.

ddd
 
Harryconway..."if ps119175 were here, to defend himself, what his side of the story would be."

He would not have a defense and his side of the story would be he tried to scam me!! AND if he was an individual of any character, he would APOLOGIZE!!

75sling
 
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