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EBAY FRAUD WARNING SELLER idrivex
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Junior Member
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Just letting everyone have a warning about an ebay seller I had an bad experience with...hope this does not happen to anyone else...I bought an apple Ibook laptop computer for $800.00 off seller idrivex on ebay that was supposed to be professionaly like painted...seller stated("It was done very professionally and the results are amazing(see photos) A Masterpiece to behold and use!") I got it and it looks like a 3 year old painted it...it had drips, paint bubbles, ect all over the outside (he must have put it together with wet paint as it had finger prints all over the white parts too) and looked like it had been dropped down some stairs as nothing fit right (NOTHING LIKE THE PHOTOS he had on his site). I can't even open it up to see if it works as the hinge is binding. I am so disgusted. I tried to contact the seller but he does not want to give me a refund. He said I could have asked more info (I might have if the seller had poor feedback, or the photos were not altered, or he was not an avid mac user...all looked good...I just that that a avid mac user was to be more trusted) what I got was the saddest excuse for a painted mac and the worse mac I had ever seen..When an item is not represented it is FRAUD. I did everything right (payed him the same day, and what did I get a misrepresented item that was also shipped a week late. Like I said a warning to all as I would hate for something like this to happen to anyone else
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Professional Poster
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Caveat emptor.
Sorry but this is just as much your fault. He gave you the iBook and it sounds like he had actual photos on the auction page. I am not sure why one would think buying a painted iBook is a good idea but since it was your call its your own fault.
I doubt many people here would follow your lead and even consider buying a mod iBook unless they knew the owner and his rep for doing mods.
You are SOL and learned a good lesson.
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Barack Obama: Four more years of the Carter Presidency
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Junior Member
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yes he had photos and they looked nothing like what I got....so if you bought a car on ebay and it had nice looking photos and said it was a work of art and then you got a POS that kinda resembled the photos....is that not wrong?...Fraud happens a lot. I am just giving out a a warning as I hope this does not happen to others. He misrepresented the item and knows it.
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"idrivex" is a member here..
I saw his site.. "Goodbye the iBook.. Here's come the 12" PowerBook"... The images of the black(onyx) iBook were kind of blur... it didn't show "how good" the mod really is..
Get rid of the onyx iBook IF you really don't like it..
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Junior Member
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I asked for a refund and he said no...that is all I wanted was a refund as it was not as described.....I can't sell it as it is a pos...I will post some photos so you can see his great "art work"
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Sorry about your bad eBay experience!
The custom-painted iBook wouldn't have been my first choice either, but I must admit it kinda looks cool (minus the broken, ill-fitting pieces).
Perhaps you can take the iBook to a local reseller to have it tweaked (for a price of course), or find out if you can have it repaired by the eBayer who sold it to you?
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Yes, definitely the seller should have told you about the lid won't close and any other problems with the laptop...failure to do so would amount to misrepresentation...Sorry that happened to you....next time Ice, get everything in writing and make sure the seller states and guarantees that there's nothing wrong with the item and that everything's in working order...and if the seller misrepresents, you have a recourse by taking him to court.
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I just can't believe how easy it is for people to rip people off...what sucks I I have to wait untill I hear back from ebay and other agencies before I can do anything...(the ibook just sits in i'ts origanal package)I have had other Reputable people look at it and verify what I think is fraud and everyone agrees that this ibook was misrepresented. I have not turned it on yet as I am afraid that the hinge will break. when I first got it I was just discused by the looks....my girlfriend (mac user graphic artist) said she would see if it at least worked but she too was afraid to open it more than an inch (then the latch would not come back down) I REALLY need an Ibook for work and I can't even get this one fixed or do anything with it as I just want a refund and I was told to leave it alone (so now I am out money and time). This has wasted so much time going to the authorites, filing claims, ect...but I'm not going to give up...I don't think court is an option though as the seller is in cali and In milwaukee. I am going to see my lawyer though to see what else can be done
the world would be so much better without dishonest people....
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Mac Elite
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Originally posted by iceaxe23:
[B ]
the world would be so much better without dishonest people.... [/B]
Word to that. On the other side of the fence, I just had a guy complain to me that a thing he bought from me didn't work. It was one of those engine computer programmers. It ran off the vehicle's power. The tell-tale sign for me that he was lying was that he said he put a bettery in it....it doesn't take batteries. The funny thing is that he gave me positive feedback as soon as he got it. Oh well, he eventually stopped emailing me.
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Dedicated MacNNer
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I'm sure eBay has something to protect against fraud, I'm hoping all that comes through, and if that one guy ended up profiting and getting a 12" PB, can you imagine what his face will look like, when eBay comes knocking on his door asking for your money back?
He'll probably have to sell his PB and take back his old crappy iBook. Best of luck to you, keep us posted.
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Are those free-ranged animal crackers?
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Dedicated MacNNer
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Are those free-ranged animal crackers?
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Senior User
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for others contemplating a purchase...use an escrow service. It will cost you an additional fee (about 25.00 per 1000.00), but it protects you for just this situation. It will only slow the seller receipt of the money by a few days, but it protects you both from fraud.
You pay escrow firm ( www.iescrow.com is one I have used)
He receives notice of funds and ships the machine via a trackable method.
You receive machine (he knows via tracking) and the service gives you three days to respond). You then either release the funds or ship the machine back via trackable method.
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Read my MacWebb column and other great Mac articles at Lowendmac.com
Owner of a MacBook Pro and various other Macs.
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Moderator 
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I agree. It certainly does not look like the picture he has up on his site.
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Professional Poster
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http://cgi.ebay.com/ws/eBayISAPI.dll...tem=3402604717
I don't think you have much of a case in getting reimbursement. If that computer turns on and works, which you need to verify, then his obligation to you has been completed. There is no mention of the condition of this laptop in the auction page. Omission of that will not constitute fraud. There is no requirement to disclose the computer's condition under eBays rules so he wasn't bound by them in having to do it. He may have tricked you but if you did not ask about the item's state then you are not going to have much of an argument. That picture he shows *may* be the iBook you have and he did not make any statements about it being in good condition hence no misrepresentation. I don't know who you talked to but they didn't go to law school.
It may be unethical but unless he is scared into complying with your demands you won't get satisfaction from eBay or any legal agency.
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Barack Obama: Four more years of the Carter Presidency
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Junior Member
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There is no mention of the condition of this laptop in the auction page.
then what does this mean:
It was done very professionally and the results are amazing (see pictures).A Masterpiece to behold and use!
is that not a description??
Aslo it stated that it would come with all discs...I did not get the "Microsoft Office v. X, and Adobe Photoshop 7" disc so he sent a computer with illegal software that will have to be removed...the software was part of the auction. I have called an apple service center and they are looking at the computer to document the condition of it and compare it to the auction page to have a authentic (second opinion).
I did ask him questions about it but never got a reply...I figured all the other feedback he had was positive....and I needed a ibook asap with a dvd drive which this had. If you wait to long on ebay you lose and auction....
now what gets me mad is his slander
Complaint : paid ASAP: shipped late,item was not as stated, he would not refund FRAUD $800
Response by idrivex - Hostile and a Liar, Auction was as stated, Sale was finalized, Bad Businessman.
I was honest on my feedback and I wanted to protect other people as I would hate for this to happen to others....but he said I was a liar and hostile which I never was, and the auction was not as stated....he was right about being a bad businessman as I chose to do businiess with him though
....so if you bid on a painting that is stated as "amazing and A Masterpiece to behold see photos" and you see a photo(that was most likley photoshoped but you did not know) that looks great and get a painting that is not as stated that has rips and tears in it ....it is fraud. well at least that is what the FBI internet crime division says.
I totally agrea that I should have used an escrow service like I have in the past
being "tricked" is being "Frauded"
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Mac Elite
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I'm glad I just sell on eBay, and the pople who contact me about stuff are in the wrong blatently. I just hope you get some satisfaction, and find a similar deal for your replacement
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well the technition that looked at the computer to give a second oppinion also stated that I did not recieve the original cds with the software as stated in the auction and that it is pirated as it was not even registered to the seller. I checked the box and there were no cd's for those softwares. I e-mailed and gave the seller the Benefit of the doubt that he forgot to include them and asked that he send them to me or this would be another misrepresentation of the auction and if I did not hear from him I will take it that it was his intent to sell me a computer with illegal software which violates EBay's and other laws.
I hope to hear from him and resolve this...thanks all for the support and information
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Professional Poster
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You have like 500 feedback points and you are just figuring out you were bidding on a computer with pirated software?
I'm sorry you don't want to hear it but you aren't going to get jack sh!t back from anyone. eBay, the FBI, police, and your mom won't be able to help you recover your losses. At best they will suspend this guy's eBay account. No one will tell you what he did was fair but you don't have legal grounds to recoup your costs. He promised to deliver a working iBook and regaurdless of its condition he did that. Adobe and Microsoft might be willing to drop him a letter but that is all that is going to happen.
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Barack Obama: Four more years of the Carter Presidency
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Addicted to MacNN
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were you not taking a risk buying a modified iBook in the first place?
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we don't have time to stop for gas
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I wish you best of luck Ice. I know it's very time consuming to go through ebay now regarding the fraudelent "idrivex". Right now Ebay is your best bet. Make sure you follow through with them. If you're not satisfied with Ebay's solutions, I'd suggest writing a letter to the CEO (Chief Excecutive Officer) of Ebay and requesting him to personally look into the matter for you. Even if he can't, you can be darn sure that if he gives order to someone else to look into the matter, you can be sure that it'll handle in an expeditious manner.
And Captain Obvious Obnoxious, lay off Ice. He did the right thing by exposing fraudenlent "idrivex". I applaud his effort for doing something about it. That way others won't be taken by that con-artist "idrevex" again. And Ice has succeeded in exposing "idrivex" fraudelent practice. Also others have learn to use escrow now to protect themself from unethical sellers like "idrivex". Unlike you, he takes actions to right the wrong. The two persons you should be mad at are "idrivex" and you for being an obvious obnoxious jerk!
One final thought Ice. We support you 100%!!!
(Last edited by iExcel; Mar 8, 2003 at 05:22 AM.
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Dedicated MacNNer
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I really think you have some chances of getting him on the "professionally" done bit, I mean look at the photo album online, he's got his kid with spray paint cans, no way that is professional.
That and you can aim at software piracy. Microsoft will probably try and lay down the law if you ask for their assistance. Unless that stuff came "pre-installed" as he claimed when he got it, he's at fault. Whenever you buy software, you buy a license to use it, never the software itself. The software is always owned by the company unless they directly sell that piece of software. What he's doing is pawning off software as if it were his own, a big no-no.
I truely think you have *some* ground, but I must admit there were mistakes made on both ends, so in the end its up to the higher authorities. In the meantime, start archiving those photos.
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Are those free-ranged animal crackers?
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Forum Regular
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Its not hard to fix the paint job, My guess is to use paint thinner and get rid of the paint and then repaint the ibook the color you want. Not very hard, just why would you buy a Painted Moded iBook off eBay anyways, You had it coming to you.
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Professional Poster
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Originally posted by iExcel:
The two persons you should be mad at are "idrivex" and you for being an obvious obnoxious jerk!
First off: how does that sentence make sense?
Anyway blah, blah, blah... when you finish law school and can come in here with a far better background in what is realistically possible in this situation I'll actually care what you have to say. I am not going to mollycoddle the boy and tell him all this BS and get his hopes up. His only chance lies in the seller having an epiphany or getting frightened. eBay might do something but if you recall that incident with the COD delivered powerbooks and fraudulent money orders they did the bare minimum. That was outright theft and mail fraud and they didn't want to get overly involved. This situation, again knowing the little details of what amounts to conspiracy to commit fraud entails would help you to understand this, won't amount to fraud in court. Its fine to take action to right a wrong but knowing what is possible will get you a lot farther.
Also I at no point said the seller shouldn't be exposed but its not going to help much in receiving restitution by telling us about it here. I doubt most ebay buyers will be dropping in here to read the thread so I don't know how much of a "success" it is iExcelAtNothing (far more creative). Call your bank or paypal or whomever processed your payment. If you want to spend more money call your lawyer and have him examine the transaction. But no matter what you need someone out in the real world who is emotionally removed from this situation to help you out if you proceed. They can give you a realistic assessment of the outcome. Anyway, I am done with this thread. I do hope people who read it learned how not to be taken advantage of and if you want to keep spending your time and money on it so be it.
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Barack Obama: Four more years of the Carter Presidency
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First of all, I don't appreciate you calling him "boy" unless you want me call you a "punk" forever. He's more a man than you ever be. Ice stands up to that fraudelent "idrivex". Which is more than I can say for you.
Ice's also smart in giving that con-artist "idrivex" punk a negative review on ebay to warn others...
And for Idrivex...hey you mesed up your mod ibook, be a man and live with it. Don't sell your piece of "crap" to others. DO THE RIGHT THING, RETURN ICE HIS MONEY!
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Fresh-Faced Recruit
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ICE: I suggest you send him a copy of the NOTICE OF VIOLALTION below by CERTIFY MAIL, RECEIPT REQUESTED...that way you have proof that you send him the NOTICE. If he fails to refund your money by April 9, 2003, you write a formal complaint letter to: Chief Postal Inspector, United States Postal Service, Washington, DC 20260 and also too contact your United States Attorney regarding your case. Include a copy of the Notice and copy of the certify mail receipt, and includes pictures as proofs with your complaints. Those pictures speak loud and clear! This will teach that fraudelent Idrivex a lesson!
NOTICE OF VIOLATION
PLEASE TAKE NOTICE: You are in violation of Title 39, Section 3005 of the United States Code (see United States v. Outpost Development Corp., 369 F. Supp. 399 (D.C. Cir.), aff'd, 414 US 1105 (1973), and Title 18, Section 1342 of the United States Code (see United States V. Uhrig, 444 F.2d 239 (7th Cir.), cert. denied, 404 US 832 (1971).
STATEMENT OF COMPLAINT
You, idrivex, the seller sold an Ibook to the buyer, Iceaxe23, in which you states "It was done very professionally and the results are amazing(see photos) A Masterpiece to behold and use!"). Instead what Iceaxe23 was very unprofessionally mod job...
Your buyer, Iceaxe23, states "It had drips, paint bubbles, ect all over the outside, and looked like it had been dropped down some stairs as nothing fit right (NOTHING LIKE THE PHOTOS he had on his site). I can't even open it up to see if it works as the hinge is binding." In additon, the lid can't be fully closed! Refer to photo link as posted under "EBAY FRAUD WARNING SELLER idrivex" in the "Marketplace" Forum for further details.
DEMAND FOR ACTION
On or before April 9, 2003, you, Idrivex, the seller, must refund the buyer, Iceaxe23, his $800 for your misrepresentations of the sale of your Ibook.
ULTIMATUM
In the event you fail to respond to this NOTICE in a timely manner, the buyer shall file a formal petition with the Postal Service, Inspection Division, pursuant to Title 39, Section 3005 of the United States Code. This may result in a stop-order being issued against your receipt of any mail. Further, a "Request for Investigation" may be filed with the United States Attorney, which may result in criminal penalities, United States v. Uhrig, supra.
(Last edited by iExcel; Mar 9, 2003 at 07:04 PM.
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Professional Poster
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Ha ha ha ha....
I know you mean well boyscout but they boy needs an attorney not someone with an idea and access to google. All the cited cases involved schemes to defraud by means of false and fraudulent pretenses through use of the mail. This case happened in the world of eBay not through the US postal service. There would need to be ample proof of the use of the mail in the transaction ie:brochures and advertisements alleged to be the substance of the fraudulent scheme.
Boyscout you earned your Perry Mason merit badge for "nice tries" 
(Last edited by Captain Obvious; Mar 9, 2003 at 10:01 PM.
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Barack Obama: Four more years of the Carter Presidency
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i wonder Captain Obvious Obnoxious Punk, how come you're sooo sissy! Be a man for a change!
I personally know that the Postal Inspection rountinely look into those type of fraudelent cases. So YOU ARE WRONG!!!!! You don't know what you're talking about!
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Dedicated MacNNer
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iceaxe - you got screwed, 'nuff said. what you SHOULD have done was cordially ask him for more pictures, from assorted angles and lighting situations. If he didnt want to provide them, then you KNOW there's something fishy. I've sold some gorgeous modded iBooks, even some 'beater' ones that I've used for testing, and everyone is happy - BECAUSE THEY were smart about purchasing it! They asked for photos and such - two people who lived in the area even asked to come by and SEE it.
You got suckered. Maybe iDriveX did misrepresent what he was selling, but that's a mater of opinion. I mean, it does take a bit of 'professionalism' to actually mod an iBook, does it not? The average joe wouldn't/couldn't do all the disassembly and such. Haha. 
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*justin
Isn't logic swell? It gives answers without really answering anything!
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Dedicated MacNNer
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And sorry, but the Postal Police don't look into cases unless the items in questions was sent using the US Postal Service. I'd be shocked if an iBook was sent via USPS..... 
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*justin
Isn't logic swell? It gives answers without really answering anything!
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Forum Regular
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Clearly, that iBook is crap. I can't believe a lot of you are saying "tough luck" cause Ice didn't ask for extensive photographs from every 10 degree angle, etc. etc. Not many people who shop on eBay expect to have to ask for tons more information when bidding on a product. They don't expect someone to be trying to pawn off their crap. And had Ice asked for more information, do you think the seller would have been totally truthful with him, or would he have bypassed the questions with vague answers, as clearly he was trying to dump his crap on someone else. Had that have been YOU who was frauded as Ice was, you'd be bitching too.
I'm glad Ice posted on the board to tell us about this loser, and like mentioned before, we've learned about fraud, and learned to use escrow from now on. It sucks that it takes so much to just do a little to recoup your losses Ice, but I hope you're able to. Good luck.
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233mhz iMac • 1.2ghz iBook G4 • 4gig Pink iPod mini "sweet pea"
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Dedicated MacNNer
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You know his address. If someone blew me off like that I would go to their home and solve it face to face ...
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Posting Junkie
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Make sure to point this thread to him in e-mail, I would love to hear his thoughts on all of this.
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Mac Enthusiast
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That totally sucks man.
I think that it was his pathetic attempt at a
'mod', and he screwed something up internally. Then he tried to slap it back together, but couldn't do it right.
I'd put it back on eBay. Just kidding.
I hope you get this resolved.
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he had this on ebay too it is the same auction and had a winner that he gave feedback too (the winner never gave idrivex feedback)...very wierd maybe that person sent it back or something. I tried to e-mail the winner. I get the ibook back from apple tomorrow so I will have some info. I am guessing he sold it before the winner sent it back or did not pay and he resold it...but then why did idrivex give him feedback??? It's late will post later after I get some sleep...thanks all
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Fresh-Faced Recruit
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That picture on EBAY is obviously photoshopped- and badly.
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"Playing with chopsticks will get you
splinters."
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Mac Enthusiast
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Perhaps the auction is a fraudulent one intended to appear as though there are other happy campers out there with iBook mods?
Have you gotten in touch with the other iBook winner?
Perhaps the original mod that was sold was done "professionally" and the same pic was used for your auction?
Good luck sorting things out!
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Junior Member
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Just want to thank ALL here for the support and feedback both positive and negative as it has helped...well got the ibook back from the Apple tech (I sent it to an apple service senter to have someone who is working for apple and not emotionally connected to this case give their view on paper)and here is the write up I got:
I have read the ad we printed from E-Bay and looked over the iBook. this is what I have found:
1. The paint job is nowhere near professional. The person who painted this did damage to the case during assembly or diassembly. There are drops of paint and runs of paint on it. Very unprofessional!
2. The hinges are not smooth and may have been damaged when they took it apart.
3. As far as the software is concerned it is all loaded. However, there are no install CDs. I believe all the software is copied or pirated.
The iBook is functional. The software is loaded but has no install CDs. The paint job is horrible at best.
I was then told to forward this to ebay and contact The Software & Information Industry Association (SIIA) on this.
so now I have an ibook that I paid for that I can't use as ebay said I can't do anything with it until the investigation is over. As a worst case I am guessing ebay will only give me $200.00 minus $25.00 for their service fee so $175.00. The case is broken so I would need to replace that. the hinge is not cheap I have heard. I looked at the case and it is missing all the screws holding it to the lcd except for one. (anyone have 3?) With the ebay $175.00 refund I will be stuck with the iBook and have to fix it myself....I have painted cars so this should be no biggie (90% prepwork-10% painting  ) the hinge I have no clue and would have to "live with it" i guess. I guess a partial refund is better than nothing. I will keep all posted..thanks again
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Moderator 
Join Date: Sep 2001
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Hey man, that's great. I hope everything works out well, things seem to be headed in that direction.
As much as I am sure that this has been hell for you, try to look at it in a positive way. You were lucky enough to learn this lesson with an item that only cost hundreds, instead of thousands.
Good luck.
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Mac Enthusiast
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Great job!
I compliment you on doing all that you can to make the best of an awful situation.
Is there any way you could just use that $175 to buy yourself an external monitor and use the iBook (if it is indeed functional) closed? That could work in the interim.
Also, you could possibly sell the iBook on eBay again (yikes) to someone who has a case and needs a functioning interior. Perhaps you could make a few hundred on it? Or you could scan eBay yourself to see if anyone is selling a nonfunctional iBook with a solid case. Even better would be finding just an empty case.
Best of luck and keep us posted.
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Junior Member
Join Date: Feb 2003
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There was a ibook for parts in the forum here the other day.
Hope all goes well for you. I had a bad experience on ebay myself.
sent out a working CDRW and it was borken and had to refund the money. No insurance and I just screwed up. Should have had FedEx inspect and file a claim. Just refunded and now gonna get rid of the case to someone that wants to install their own drive. Hope you get another so you can fix your case.
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Have a great day!
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Junior Member
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Sorry my quote wasn't to good for this situation. It was not meant for you.
Just something a guy used to always say.
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Moderator 
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Junior Member
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well got a response from the other buyer who returned it and this is what was stated:
Dan,
First off, that Chris is a tool. I'm sorry you're in the bind you're in.
Basically, yes, I returned it for the same reasons. I had a little extra
leverage though, since he advertised it as having 30 GB of hard drive space,
when it was actually only half that. Once I figured that out, I e-mailed him
and told him I wanted a refund. At first he tried to appease me by throwing
in an external hard drive for free, but at that point I was pissed and just
wanted my money back. He gave me a sob story that he had already spent the
money I sent him to buy his new Powerbook, and also to help his girlfriend
move in, as if I give a ****. He said he couldn't get me the money until I
sent it back and he sold it again. And he said he didn't even have a credit
card, so he couldn't just reimburse me up front. I don't think he was lying
about that, I just think he's a putz. So basically the only leverage I had
against him was the threat of a bad review. Even with that threat, it took
three weeks to finally get the money back from the time that I had first
received the laptop. I'm sorry I didn't put his review down, but I was going
to wait until I got my money back (at which point you would have already
paid anyway), and frankly I just still haven't decided whether to give him a
really bad review anyway because it was such a hassle.
I think you have a solid case, the computer is definitely not as described.
I'm glad he got back to me...hope this helps
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Mac Enthusiast
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Wow. You should thank the guy who sent you that email. Great info about the previous "sale." Basically, you ended up purchasing the iBook he returned? Has the eBay seller replied to you or responded to you recently?
Definitely take a look at the eBay auctions listed above in case you can't get a full refund or decide to live with it.
Keep us posted!
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Forum Regular
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Originally posted by Captain Obvious:
Ha ha ha ha....
I know you mean well boyscout but they boy needs an attorney not someone with an idea and access to google. All the cited cases involved schemes to defraud by means of false and fraudulent pretenses through use of the mail. This case happened in the world of eBay not through the US postal service. There would need to be ample proof of the use of the mail in the transaction ie:brochures and advertisements alleged to be the substance of the fraudulent scheme.
Boyscout you earned your Perry Mason merit badge for "nice tries"
And you've earned your merit badge for two things: 1) you're an a**hole; 2) you clearly have no legal background/training.
Now I am not an a**hole (or at least as large of one as you), and I do posses actual legal training . . .I'm an actual attorney, and if you want to engage in a battle of forms, a demand for my bona fides, please email and I will provide . . . (the perceptive folk will notice the Bluebook spacing of my ellipses, proof alone).
I can confidently state that iceaxe23 is the more than likley the victim of fraud, and that he has many potential claims against "idrivex."
And yeah caveat emptor and all that jazz . . . that being said, sellors have a responsibility to inform a potential buyer of any information that would be "material" to a purchasing decision, especially in a buying "situation" similar to online auctions where the control of information is so one sided.
Now, rather then engage in a battle of case law (which I doubt you could research, cite, etc.) ask yourself this: when was caveat emptor, as a doctrine, created? Answer: when you could touch, smell, inspect, what you were purchasing.
Should that apply to online auctions?
From a policy perspective, no . Who more easily bears the burden of disclosure, fufillling the burdens of knowledge necessary for a "transparent" transaction? Don't forget, burdens matter when judges make law (I mean Captain Obvious, you did go to law school, right? You must have had a discussion about burdens of persuasion, etc.)
Clearly "idrivex" was better positioned to disclose "material" information in this case, and thus he will more than likely have to account for his failure to disclose the flaws with his product. And, this is ignoring all implied warranties, those that exist solely on the basis of his ad, etc. . . . He knew the flaws of his iBook, and he was better positioned to control this information, and a court will more than likely hold this burden against him.
Now, "Captain," are you a friend of the seller? Just curious. You did spend a lot of time railing against a poor decision . . I mean, the buyer should have been more careful, but that does not excuse idrivex's misleading behavior. So, why the energy? Why the effort? I could see ignorantly posting caveat emptor, but all those repeated posts.
Maybe you're not a friend. Maybe you've just f*cked someone in the past. Just a "hunch." No proof, but something ain't right.
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Fresh-Faced Recruit
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Well said Jaske!!! Thanks for your invaluable legal inputs on this matter.
Ice, glad things are beginning to look better for you.
(Last edited by iExcel; Mar 13, 2003 at 02:33 PM.
)
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Junior Member
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Well wednesday will be 30 days so I can finaly file the insurance claim with ebay. I have my photos, his photos, apple's service sheet, case info from the Internet Fraud Complaint Center (IFCC) , and the SIIA (Software & Information Industry Association) Reseller Software Piracy case documents to send to ebay. Just can't wait to get this over with and go on....but I'm not going to give up....The person I talked to at ebay said I do have a case so that is good. I will keep you all posted...once again thanks all
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Senior User
Join Date: Nov 2001
Location: Dallas, Texas
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Originally posted by jaske:
And you've earned your merit badge for two things: 1) you're an a**hole; 2) you clearly have no legal background/training.
Now I am not an a**hole (or at least as large of one as you), and I do posses actual legal training . . .I'm an actual attorney, and if you want to engage in a battle of forms, a demand for my bona fides, please email and I will provide . . . (the perceptive folk will notice the Bluebook spacing of my ellipses, proof alone).
I have followed this thread and have nothing to add except that the ellipses comment is way too funny for an attorney. I now question your credentials!
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Read my MacWebb column and other great Mac articles at Lowendmac.com
Owner of a MacBook Pro and various other Macs.
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Forum Regular
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Originally posted by webb3201:
I have followed this thread and have nothing to add except that the ellipses comment is way too funny for an attorney. I now question your credentials!
See The Bluebook: A Uniform System of Citation 45-47 (Columbia L. Rev. Ass'n et al. eds., 17th ed. 2000).
And yeah, the perceptive lawyer (or law student) will note the formatting/font errors (I know, small caps) . . . I'm too lazy to input them. And for those not in the know, most law students (and many lawyers . . . however, plenty forget this the day they graduate) are indoctrinated in a mind-numbing religious cult, based on a little bible called the Bluebook. It's a citation manual, full of ridiculous and unnecessary formatting instructions. Ellipses cannot be grouped like this..... There must be a space between each, like so . . . .
And like the managing editor I wuz', I had to go back and correct errors . . . .
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