On 4/6/08 I bought a 320 GB hard drive from one of Ebay's biggest Power Sellers (and Square Trade Seal Member), *clutchauctions.com*, who likes claim that they are honest and hardworking. Yet when doing research and my own experience with them speaks volumes about how they do not live up to this claim of being honest and hard working. Let me continue with my story and what I have learned about *clutchauctions.com*.
On 4/7/08 I receive an email from them stating that my order HAS shipped.in that email they provided me with UPS tracking #1ZX8Y3100396442872 Okay so now I'm thinking that my order is on its way and all is well. The days go by and I don't receive it.By 4/15/08 I still had not received it. The UPS website is still saying "Billing information has been sent to UPS. Check site later for updated shipment status or contact shipper for more details." In fact is still says that. What this means is that UPS has been notified to expect the package but has not yet taken possession. I email *clutchauctions.com* and receive an automated response part of which stated: "All tracking numbers take up to 24 hours to get updated by UPS and USPS so please be patient. Once a package has been handed to the carrier you choose we do not have control over what there website says or the service they provide so please allow enough time for reasonable transit times." Well much more than 24 hours had passed, indeed more than a week had passed. Also I had never had such an experience with this before. I called UPS and provided them with the tracking #; I was informed that they had only been notified of billing and to expect the package but had not yet been notified to pick the package up or had yet received it at one of their facilities for shipping.
I am concerned and so on 4/15/08 I email *clutchauctions.com* again, the following: "Also, since my last email about 10 minutes ago, I called UPS and they state they have not yet received this package from you. Any estimate as to when it will reach UPS so it can reach me? Thank you."
I am still gravely concerned and start doing some research. I come across a website: http://toolhaus.org in my efforts. When I enter *clutchauctions.com* I am appalled at what I find. (Had Ebay's feedback system been easier to just read the negatives and neutrals without having to go through all the positives, I would certainly had not bought from *clutchauctions.com*.)
It appears they have quite the history of sending shipping notices and tracking numbers and yet not getting it into the hands of the carriers for day, and even weeks.in their replies to feedback they receive they seem to like to provide the USPS or UPS tracking number of proof of how quickly they shipped. Yet when one really checks it out they will see things like: billing info received 3/5/08 Pick up scan 3/13/08 from feedback reply: "Reply by *clutchauctions.com* (Mar-20-08 14:21): UPS 1ZX8Y3100393583396 We R honest&always ship immediately. UPS had delay not us." You can view the details of the shipment by clicking on "view package progress" on the UPS tracking page. Notice how they blame UPS for the delayed shipping when UPS did not take possession of the package for more than 1 week after it supposedly shipped. Could this possibly be Defamation of Character and Libel (Tort offenses) against UPS?
Or another concerning one: "Reply by *clutchauctions.com* (Mar-17-08 20:27):
USPS#9101805213907461986727. We did ship we R honest. U emailed us 4 hours ago!!!"
Yet when we go to USPS website and enter that tracking number, and click on additional details, we find the following:
Delivered, March 24, 10:12 am, LOCKPORT, NY 14095
Arrival at Unit, March 23, 4:58 am, LOCKPORT, NY 14094
Processed, March 22, 9:15 pm, ROCHESTER, NY 14606
Processed, March 21, 6:16 pm, PHOENIX, AZ 85043
Electronic Shipping Info Received, March 06
Well it appears they sent the info of shipping on 3/6/08, but didn't bother to get it into the USPS possession to be delivered until 3/21/08, that is more than 2 weeks.
These are not the only examples.
Looking through their feedback using http://toolhaus.org I find many claims of them switching items, cheap knock offs, delaying shipping, not communicating, not having products on hand to ship and not communicating to buyer, and on and on. Can all these people be lying. Considering my own experience with them, I think not. Also there is much feedback about orders not shipping until disputes or claims are filed against them.
I suddenly feel the need to file a PayPal claim and I do on 4/15/08.
According to the Federal Trade Commission (http://www.ftc. Gov) a company must ship a package by the date they state they are shipping or if no date is communicated within 30 days of purchase. A package isn't actually shipped until the carrier has possession of the package and it is on its way to you. When they send you that "Your order is shipped" email and provide you with that tracking # they are required by FTC regulations to actually ship it, not just claim they had.
Well after I file my dispute I finally get my first non-automated email from them which claims that I had reversed my payment through PayPal and so they were canceling my order. Now can someone please explain to me like I am a two year old how they can cancel an order if they had actually shipped more than 1 week prior? Also filing a dispute on PayPal doesn't reverse the charge. Had a reversal taken place the funds would have appeared back into my PayPal account which they did not. I contacted *clutchauctions.com* to such, and never get a reply from them.
I continue to contact them without reply. I inform them that if they do not refund my money by End of Business on 4/18/08 that I will escalate it to a PayPal claim on 4/18/08. I hear nothing back and I escalate it to a claim.
On 4/17/08 I file a claim against them with the Better Business Bureau. I find that I was not the first to do so.
On 4/18/08 I also leave negative feedback, providing only facts and no name calling and providing the tracking number myself and all that had happened in as few letters as possible (ebay really doesn't provide for much room).
On 4/20/08 I receive an email from Square Trade for mediation. Having seen many negatives removed by Ebay policy for failure to respond I was not going to fail to respond. It is my belief that these unscrupulous sellers do this in hopes that you will not respond so the feedback can be removed by Ebay and they can keep their 98% rating to remain a Power Seller.
In my response I stated that Under The First Amendment I have the right to Free Speech short of inciting a riot. I do not believe that my feedback will incite a riot throughout Ebay. I also stated that my feedback was factual and can be proved and therefor does not commit any Tort Offenses of Defamation of Character or Libel. I stated that the heart of the Feedback system is to allow others to see the character of the person/entity before entering into a legally binding contract. I would feel it remiss not to warn others and have it removed giving the impression that it was not valid and accurate.
I further gave the stipulation that I would consider removing it if *clutchauctions.com* could make my statements not be truth. I then stated that since the events have all occurred prior to the feedback that short of them having some form of Time Travel where they could go back and do right by me, I did not for see them making my statements not be truth.
Other than Maggie's email of canceling my order and Square Trade mediation I heard nothing from *clutchauctions.com*. Their request for mediation appears to me to only be in their best interest to keep their feedback rating and to not look to do business as poorly as they do.
On 4/22/08 I finally receive a refund from *clutchauctions.com*. Now again, someone please explain to me like I am a two year old why they would have refunded a charge on 4/22/08 that I had reversed (as they claimed) on 4/15/08. Once again that just doesn't make sense, but not much of what they say including their claim of being honest does.
The moral of this is to do your homework before parting with your hard earned money. Also if you are wronged you have the legal right to be made whole under Tort laws. Don't continue to be a victim—stand up and fight back.
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