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Being scammed, Should I finish the fight?User Forum Topic
Submitted by NicMM on September 10, 2009 - 3:53pm
I was scammed. It feels bad to admit that. But, I tried to correct my mistake and got something back. My question is: Should I finish the fight or take what I got? My old camera was broken and I was in such a hurry to get a new camera to capture the daily growth of my new baby. He changes everyday. I decided to buy a Canon Ti1. When I goolged "Canon Ti1", this website Sky Point Digital (www.skypointdigital.com) was the 1st on the sponsor list. Then I found this site offers cheaper price than Amazon. It's not a buck or two but a couple of hundred cheaper when buying such a DSLR camera with the lenses I want. I was happy about it and put the order on that website. In stead of receiving an email confirmation with order details, the next day, I received an email asking me to call to confirm order. I called the number 1-877-595-6388, a salesman told me this is a bad camera because the HD video capture function consumes too much of the processor and it takes 4 seconds to take a picture. I was also considering a rival product: Nikon D90 and did some research on that. So I asked how about D90. He said D90 is much better but more expensive. I recall they are about same prices and because D90 is older model and does not support full HD (only up to 720p), it is a little cheaper than Canon Ti1 in Amazon. I told him that, and he said "absolutely not, it is several hundred dollars more expensive". I was not with my computer and not very sure about that. He then asked if I am experienced photographer. I said I have never used a DSLR camera and just started considering this kind of prosumer product. He then started agressively to recommend Nikon D5000, saying it has the same performance, video capture capability and easier to handle for beginners, I can get the same kind of package as the one with Canon with same $900 range price. He said he personally uses D5000, and promised me a warrantee to return or switch if I don't like it. I was sold. In the next several days while waiting for the package excitedly, I spent my time on researching on Nikon D5000. Last night, the package finally arrived. When I came home, it has been opened by my family member. I put up lens and figured out how to turn it on so that we can take first photos. The photos are superb and I am happy about it. But then I found the shipping slip. What? $1299? I was told it was just over $900. I looked up my email, no invoice was sent. I thought about returning it. The shipping slip states 10% minimum restock fee. I then searched online, and found this site: I called back this morning. After waiting long time and calling several times, I got hold with a custom service guy. I asked why the price is different from $929 as its own website stated (the performance package: http://skypointdigital.com/skypoint/adva...) and wanted the $300 different back or return it: He kept on and on, telling me I got a better package. Instead of the 70~200mm Nikon lens stated on their website, I got a 70~300mm Sigma lens. I said I looked it up, it is only $160 dollars in Amazon. He said there are 4 kinds of this lens and this one usually sells for $700, this camera is US model and US warantee, yada yada yada. I said I just want the one I ordered. He said I need to pay $300 restocking fee upfront. Hey, 10% is only $125, isn't it? He said 10% is the minimum, and he'll charge me 15%, and plus insurance, etc. After arguing with him long time, he said he'll send me a backup battery (which the salesman already said to give it to me for free but not found in the package) and give me $100 discount.I needed to go to work, so I budged. Later today, after doing more research, I found I was taking advantage of at least $200. I have a busy life, should I take what I have now or should I finish the fight? They have already charged that money back to 10 days ago. But I can issue a credit card dispute. -NicMM
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Nic: Issue a credit card dispute and call it a day. For $200, it's not worth the time and aggravation to pursue this. You've probably already spent that amount in wasted time.
Thanks, Allan. That's reasonable. Hopefully it won't take too much time to assist credit card company's investigation.
Nic: You're welcome. As crappy as it sounds, you have to chalk this one up to experience. I had a similar experience with my 11 year old son and an eBay purchase of some Star Wars action figures. I figured that it was a rip-off and told my son, but he was adamant about the purchase, so I let him use my PayPal.
Following, I sent an email to the seller and let him know he had just ripped off a heartbroken 11 year old boy and he sent me a snotty response along the lines of "live and learn". It was a valuable, if unfortunate, lesson for my son, but he took it to heart.
Definitely issue the credit card dispute. That's about the only way you'll get some money back. Plus, its pretty simple to do and fairly hassle free.
Go to the Sky Point Digital web site and print the $929 ad. You'll need to send a copy of it to your credit card company later on. Good luck.
Following, I sent an email to the seller and let him know he had just ripped off a heartbroken 11 year old boy and he sent me a snotty response along the lines of "live and learn". It was a valuable, if unfortunate, lesson for my son, but he took it to heart.
You should have recourse with PayPal and Ebay - what was the sellers feedback? For me to buy from a seller the feedback has to be 99.5% and above to even start considering a purchase.
I agree with the feedback form. The honest vendors take it seriously. The crooks will just change their selling name on ebay. Always use pay pal and back it up with a credit card so you can dispute it. I know someone who went after a crook for fraud, but he was able to track him down locally and got some kind of case filed against the seller by filing a police report. I think that would not be easy. This was a pretty tenacious buyer, who refused to be ripped off. I think most police departments would not want to touch any of this and I do not know how good e-bay is about policing its site. I also would read some of the feed back on the seller if his score is not in the very high 90's and see what kind of complaints are filed against him/ her.
Concur with the "dispute the charge" folks - a couple of years ago when I ordered something online, it was charged and never arrived, I got my money back with zero hassle. When you dispute the charge, the burden goes to the vendor to prove they were honest.
NicMM,
This is a very popular scam at the electronic shops in Hong Kong, Nathan Road. They show you the camera at a great price, have you sign the credit card slip, then send someone off to a different location to collect the camera. That person, comes back with a different camera because the one ordered is suddenly "out of stock". Happened to me.
I told the guy, I dont want it.. Period. Im not taking it. Period. He started with all the "blah blah blah" about this that and the other, just like your story. I raised my voice a bit, sternly. "Im the customer, and your not listening. It's not your turn to talk, it's my turn!!!! Take it off my credit card right now!! PERIOD!!! Im going to call it in tomorrow, and if it's on there, i going to dispute it and come back down here with a representative of VISA to ensure it is taken off.
It was a 1 minute conversation. They took it off. They didnt want a scene in their shop with other customers around. It wasnt a scene yet, but if that guy kept trying to sell me, it would have been.
DEFINITELY DISPUTE THE CARGE!!!!!! It is free, you were ripped off, and that is why it is there. As long as you dont dispute a dozen charges a month, your credit card company should be very open to the discussion. Call them. Explain your side. They should remove the charge no problem.
Then, you can show the "sent" email stating what you ordered, and then what arrived. The advertised price, then the invoiced price. It's wrong. Plain and simple. It is then the responsibility of the seller to send a courier to pick up the item once you have stated you want it returned. If they dont come around, you have a free camera. Granted, that is a moral issue, but, if it is a big problem, sell the camera and give the money to charity. Scams like this must be taught a lesson if we are ever going to stop them.
I know from personal experience (at least in my experience) that VISA charges a 25% holdback on all charges for a new business. This is their insurance account against chargebacks. The vendor must demonstrate several months of clean business to have that reduced. (VISA releases the 25% hold back 6 months later).
They have tools in place to handle this type of fraud. You were ripped off. Bait and switch. Call it what you like, it wasnt what you ordered, and wasnt what you were told. That is unethical, unfair, and if you dont do something about it, we'll all be next.
Obviously, scams like this piss me off. So i would offer, dispute the charge, dont pay for return shipping and keep the camera until someone comes by to collect it from you.
J
Fyi, when the customer disputes a credit card charge, the vendor automatically pays a fee ($25) to the card for the investigation-- regardless of the outcome. Sucks for the good guys but this hopefully puts the squeeze on the crooks.
Another fyi, while I always try to buy locally the largest mail order camera houses(Adorama, B&H, Calumet)have really cleaned up their act now. 20+ years ago it was risky to order from them but now they have good pricing, no tax, and terrific customer service.
There are alot of these scummy B&S camera/electronics dealers back in New York.
I won't buy from any online dealer that I've never done business with...no matter how good their price looks...unless I research them first on resellerratings.com or some similar site. Many times the low price is just a hook to pull you onto their site.
I won't buy from any online dealer that I've never done business with...no matter how good their price looks...unless I research them first on resellerratings.com or some similar site. Many times the low price is just a hook to pull you onto their site.
Yeah... It has Sony guts... Sony guts...
Tom Hanks SNL Skit...
I filed credit card dispute. But now as I checked my statement, I learned that my credit card failed to protect me. They rebilled the $358.25 dispute amount back.
When I called back, I was told because I didn't send order confirmation, the credit card company could not decide what the right amount is. See, SkyPointDigital knew this. That's why it never sent me any order confirmation or receipt.
What can I do?
There are only two photo shops that I would deal with - Adorama and B&H Photo. They are real and very respectable companies.
The scenario you describe is standard operating procedure for the shady NY electronic store. When I was new to it all (1996 or so) I got lightly burned but it all worked out.
You need the Nikon lens, that is a classic bait and switch. Sigma makes some good lenses, but I assure you that you want the Nikon kit - this guy lured you in with a Nikon "kit" but swapped out all the pieces but the camera body for cheap crap.
Box everything up, send it back with delivery confirmation and dispute with your credit card company. DO NOT PAY off that balance, if you do you forfeit the right to dispute.
Then buy what you want and deserve at Amazon, the two companies above, or -- quite frankly -- a local big box store.
Sorry. You're not the first.
When I called back, I was told because I didn't send order confirmation, the credit card company could not decide what the right amount is. See, SkyPointDigital knew this. That's why it never sent me any order confirmation or receipt.
What can I do?
1) Chop it up as as a lesson learned.
2) Call your credit card company back. Tell them you are going to cancel your credit card and take your business to other company (like American Express) because you are unhappy with the dispute resolution and that you have been a company for XXX years. Remind them that you have spent YYYY average each year, and that corresponds to approximately ZZZZ in merchant fees for them (assuming that you don't carry a balance on the credit card). Remind them that's ZZZZ per year they will not receive and that American Express is now going to get, because you have heard how well American Express handles merchant disputes. Ask to talk to a 2nd line customer service because 1st line cant do anything.
Did you let VISA know that "Sky Point Digital" didn't send you a confirmation or receipt? Realize that without a receipt/order confirmation, Sky Point Digital themselves can't prove that they billed you validly. Demand a copy of the receipt from "Sky Point Digital". If "Sky Point Digital" doesn't give you a copy of the receipt, dispute the entire charge (full $1299) with VISA because if "Sky Point Digital" does not have a valid confirmation number or receipt themselves for the charge, they can't prove that they even tried to send you the merchandise that they charged you for as well as what that merchandise was. The burden of proof is on "Sky Point Digital". There should be a tracking number on the package.. you'll need that too, but if you have it, don't tell VISA or "Sky Point Digital" (and tell those that opened the package that was addressed to you, to never do that again.. seriously.).
You should have printed out the web page and sum of charges from the web page right before you ok'd the payment... and right after if possible. You can use something called 'PDFCreator' as a printer driver to create a 'pdf' file from a web page. The page would have served as 'proof' of what they claiming that the charges are for the item and what you were trying to buy.
Now if "Sky Point Digital" is able to provide the receipts and tracking numbers.. it gets more difficult. It becomes he-said/she-said (because you don't have a printed copy of the web page when and after you ordered). "Sky Point Digital" sounds like a closet operation.. so I don't think they keep good records.
If it all falls out, you can file complaints with both the FBI and Better Business Bureau of New York(if that is where they are located). FTC complaint might be another avenue.
Keep the pressure on you card company. Even if they can't deceide what the right amount is-- it doesn't matter as all you want to do is cancel the order.
Reference Resellarrating.com to help back you scam claim. I wouldn't send it back until you get the credit.
Then when you do.... what's the hurry;)
BTW, Costco now lists the D5000.
Good luck.