This is what the
packaging looked like when I pulled it out of the Fedex box. Obviously this
package has been opened and is not packaged the way it should come from the
manufacturer.Created: 1/3/2005
Last updated: 1/3/2005
I am publishing this webpage to expose pjtone for the fraud that he is. I bid on the Motorola Bluetooth Headset Model # HS810 on this auction and won it on December 14, 2004. The item # was 5736855349. I paid by Paypal 25 minutes after the auction ended. I have all positive feedback and no negatives. I pride myself on paying for the item right away so as not to leave any questions as to my good intentions.
The auction explicitly stated that I was bidding on a brand new in the box unit that was sealed. What happened and what I received have been detailed here. I hope that you will look at all this evidence that I have collected and see that pjtone is a fraud and a charletan. He misrepresented the item in the auction, had poor contact and customer service, had excuses for delays after delays in receiving the shipment, promised a refund to rectify the problem if I didn't receive this in time for a XMAS present, and I finally got a used headset in poor condition. Nothing but delays and excuses. People like this shouldn't be allowed to do business on EBAY.
I did not receive any kind of email or response after the auction ended or after I paid from the person. I sent an email a day after the auction ended and after I paid for the item already. Here's the email that I sent on 12/15/04 1:48 PM PST:
Hi,
I've won your auction and just wanted to check the status of the delivery of the Bluetooth Headset. I have already paypalled you the full amount of the headset plus shipping.
Joseph Keawkalaya
415-260-XXXX
speedyzx@pacbell.net
I did not hear a response from the seller so I sent another email through EBAY on 12/16/04 11:30 AM PST:
Dear pjtone,
Hi, I won your auction and I have already paypalled you the money to cover the headset and shipping. Can you please give me an update as to the status of the shipment and also the tracking number of the item? I wanted to see if you overlooked this auction and forgot about me? Joseph Keawkalaya
Thank you,
speedyzx
Here's his response I received on 12/16/04 3:08 PM PST:
It was not overlooked I will send a tracking # when i am at my office tomorrow
So I waited patiently and did not hear from him. That's when I decided to send another email inquiry on 12/20/04 4:39 PM PST:
Hey Peter,
You said that you would send me a tracking # when you got to your ofice on Friday. I haven't received any word on shipping or tracking I fulfilled my end of the bargain by paypalling you within minutes of the auction. You only emailed a response when I sent you several emails. What's the deal? I wanted to get this in time for XMAS as a present. It would be nice if I received some kind of status.
Joseph Keawkalaya
So, I sent an email to EBAY requesting his contact information and I called his contact number. I got his voicemail and left 2 messages over several days and he never returned my phone calls. I ended up sending him another email through EBAY on 12/22/04 6:44 AM PST:
Dear pjtone,
Hey Peter, you said that you would send me a tracking # when you got to your office on Friday. I haven't received any word on shipping or tracking. I fulfilled my end of the bargain by paypalling you within minutes of the auction. You only emailed a response when I sent you several emails. What's the deal? If I don't hear from you today, I am going to start the process of getting my money back and contact EBAY. You leave me no other options as you have not communicated with me any kind of status on my order. The auction ended and was paid for on 12/14/04. It is now 8 days. Hell, you didn't even leave me feedback and I paid right away. What's the story? Joseph Keawkalaya
I then sent an email to EBAY regarding this possible fraud and haven't heard from them except for the automated EMAIL response. I ended up getting a response from him on 12/22/04 1:17 PM PST:
I know i am very sorry our shipping manager is away to africa til new years. With his assistant being the only one working it is complete confusion and hes been calling in sick left and right. In no way should you be having issues due to this If you do not recieve your item for christmas: I promise you can keep the item AND i will refund you. I tried to go upstairs and find the tracking my self but there is no trace. But i am sure that it has been shipped. If you do recieve it before christmas, you will be refunded shipping. if not recieved before christmas you will get a full refund.
So far, I've been getting nothing but the run around. You can tell that I was not happy. I just wanted to see how this would play out and see if he sticks to his words. It sucks that you have to wait 15 days before EBAY will take any action. I ended up sending him another email on Christmas Day 12/25/04 4:44 PM PST:
Hey Peter,
I'm sending this email to let you know that I did not receive the bluetooth
unit. It's XMAS day and nothing came yesterday. I didn't get a present to my
sister and I'm not too happy about telling her that her present was delayed due
to shipping. Please let me know what's the scoop now since I haven't received
it.
Joe
I am furious at this point but this was his response on 12/28/04 1:47 PM PST:
What is your paypal address What i promised is what ill do Refund will be on its way
Of course nothing happened but I ended up getting the package on 12/28/04 and the package was sent by Fedex ground on Dec 21, 2004. He told me that if I receive the package after XMAS, he would let me keep the item and refund all of my money and shipping. So now's the time to collect. But.... here's where it gets good when I got the package. I sent another email on 12/28/04 2:20 PM PST:
Peter,
I just got the bluetooth wireless headset by Fedex today. Your auction stated
that it is a brand new item but when I looked at it, it's been used before. The
packaging is that tamper proof kind but it was open. The bluetooth headset was
not shrink wrapped or anything and both instruction manuals were opened
(stickers on the instructions were ripped) and the numbers on both manuals do
not match. So.... this was definitely used before. If this item works and you
refund my money like you promised, I will be more than happy to leave positive
feedback. My paypal account address is
speedyzx@pacbell.net.
Once I get the refund, I'll immediately leave positive feedback. Could you
please do the same for me. I paid you guys right after the auction.
Joseph Keawkalaya
I didn't get a response to this email so I sent another email 12/28/04 10:12 AM PST:
Peter,
Today is the 28th of December. I won the item on the 14th. I need to know what
the status is on the item or I will have to consider taking more action. Yes,
you explained that you are having problems with your shipping department, etc,
but it's been more than enough time to get the item out to me. I don't even have
a tracking number for the item. You stated that I would get the item and a
refund of everything that I paid for if I didn't get the item by Christmas per
your email response to me on 12/22/04. I haven't heard from you since. I only
bid on this item because you had a lot of feedback. I assume that you and your
establishment believe in honesty, integrity, and good customer service. Please
honor this agreement and auction. If I don't hear from you by tomorrow this
time, I will contact my bank, Paypal, and EBAY to get my money back and leave
the necessary feedback. Please don't let this slip through the cracks.
Joseph Keawkalaya
And to my email, I get this response from Peter on 12/28/04 7:49 PM PST:
We made a mistake on listing these items would a 40% refund help or would you want to return it
So I'm
thinking, what the hell, you are going back on your word you scumbag. I'm
supposed to get this item for free. I sent this message to him on 12/28/04 7:57
PM PST
Peter, You said that you were going to refund the entire amount to me... "<> In no way should you be having issues due to this If you do not recieve your item for christmas: <>I promise you can keep the item AND i will refund you." Are you changing your mind on what you sent me the other day? Joe
So this is his response that he sent me on: 12/28/04 10:07 PM PST:
There was a email crossover... What is your paypal please refund will be sent
I just can't believe this guy. He just keeps getting better and better. There's been nothing but excuse after excuse, delay after delay,
so I sent this response on 12/30/04 9:26 PM PST:
Peter,
This delay has to stop. This delaying back and forth needs to stop and you
should stick by your word. I received a used product that was advertised as new
on your auction. I won the auction and paid for it on the 16th and did not
receive the item until several days after XMAS. The item itself has visible
scratches on it which proves that it's used. You said that you would refund my
money and shipping in addition to me keeping the item. I am willing to overlook
that the item is used if you honor the refund. I am just tired of waiting. If I
don't hear from you by tomorrow at the same time, I will start the process with
EBAY, Paypal, and my bank. This is not right and frankly, I am not happy. This
is not good customer service and I have provided ample time to you and your
company to deal with scheduling issues, manpower issues, holiday shipping
issues, and any other issues that you and your company may have. You have a lot
of positive feedback and I trusted that feedback that is why I bid on your
auction. You were able to email me a response but you did not have time to
paypal the money back to me. What's the deal? I have been very friendly,
understanding, and patient. I can no longer be that way if you do not follow
through immediately.
Joe
speedyzx@pacbell.net
So I haven't received a response from him so now I sent one last email with an ultimatum. I think that I have been nothing but patient and understanding. I sent this last email on 1/1/05 1:11 PM PST:
Peter,
Like I said, I am an understanding guy up to a point. I can give the benefit of
the doubt for only so many times. The email I sent to you below stated that I
would initiate the process with Paypal, EBAY, and my bank. I want to avoid that
and I also see that this is a New Year's Holiday Weekend. You have until Monday,
Jan 3, 2005 6 PM PST to resolve this matter or I will go forward as promised. In
addition, if I have to leave negative feedback, I will post a link to a webpage
that I set up with all of our email communications back and forth that details
all of your excuses, reasonings, and promises to me, displayed for everyone on
EBAY to see. I get a lot of traffic on my website and I am sure that you want to
avoid this. Please stick to your promise or this will be the last email that
your receive from me before further action is taken. I hate leaving ultimatums,
but at this point, you leave me no choice.
Joe
So here is where I stand now. I have a used headset with scratches that was misrepresented on EBAY. Here are some pictures of the package that I took:
This is what the
packaging looked like when I pulled it out of the Fedex box. Obviously this
package has been opened and is not packaged the way it should come from the
manufacturer.
You can see various
evidence of the open package. The tamper proof package had been previously
opened.
The instruction
manuals were even opened and the two numbers on both manuals do not match.
They attempted to
rewrap everything but it was such a poor job.
You can see the original ad that I have posted here. It's for a brand new in the box and sealed headset:
http://www.speedyzx.com/EBAYfraud/auction.html