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Complete Bill Evans on Verve


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As someone who has a real "Esq." after my name (when addressed by others--it's actually not proper for an attorney to refer to himself as Esquire, although many do), I think the best shot you guys have is to take this up with Ebay. And the fact that UMG IS a "Power Seller" should only peak Ebay's interest.

As an attorney, I realize that you are tehnically correct regarding the use of the word "Esquire". Nevertheless, I think that people pay a lot more attention to complaints received from attorneys. Your rights should not depend on having earned such a designation, but problems seem to get resolved much more quickly if you have.

That said, I agree with Chaney that Ebay is unlikely to give much more than a slap on the wrist to PowerSeller UniversalMusicGroup. IF this is your best chance, then I wouldn't hold your breath.

As Ron and kulu se ma both pointed out, the Evans set was sold many times (exactly 15) for $99.99 by UniversalMusicGroup over the past couple of weeks, strongly undercutting any prospective defense of unilateral mistake. I think that the best chance Daniel and Weizen have is to hound UniversalMusicGroup through every possible channel of communication. Kurt at customer service does not seem able and/or inclined to lift a finger for your cause.

Brad, I hope that you get your set - please keep us updated.

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That said, I agree with Chaney that Ebay is unlikely to give much more than a slap on the wrist to PowerSeller UniversalMusicGroup. IF this is your best chance, then I wouldn't hold your breath.

As Ron and kulu se ma both pointed out, the Evans set was sold many times (exactly 15) for $99.99 by UniversalMusicGroup over the past couple of weeks, strongly undercutting any prospective defense of unilateral mistake. I think that the best chance Daniel and Weizen have is to hound UniversalMusicGroup through every possible channel of communication. Kurt at customer service does not seem able and/or inclined to lift a finger for your cause.

I too agree that they'll likely get a slap on the wrist with a feather and that it would take a certain degree of 'hounding' to pry these loose. If it was actually something I cared deeply about, I'd be happy to lock horns and do the whole 'David & Goliath' thing...but not over some cds (assuming of course that they don't steal my $203). As far as I'm concerned, these rock heads aren't worth breaking my pick on so I'm happy to fire off a few notes and let a well-timed barrage of 15-20 negative feedback comments speak for itself. I've got two loaded barrels in this game. B-)

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What I think would be helpful to those who bought the effing (!) set only to have the transaction cancelled would be for those members willing to send a complaining e-mail to both UMG and eBay, clearly stating the case and also expressing concern over UMG's apparent stiffing of buyers. Not bidders, friends. Buyers!

C'mon folks. Compose at least a short (terse but polite) message and forward same to eBay and UMG. Let's see if we can help get these folks their sets.

universalmusicstore@umusic.com

Contact eBay Customer Support

Edited by Chaney
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I think several of us will be doing that at the least. But I don't have high hopes. I don't think ebay will take the side of a big seller over a couple of buyers. After all they get paid for sales. Even if they do, I'm not sure what the remedies are. Maybe they'll warn UMG, who knows. They'll probably suggest you go through the mediation thing. And let's face it, are any of us going to sue over $99? I doubt it. They'll obviously be getting mega negative feedback but they've got a few already so I don't think that going to worry UMG too much.

Kevin, I don't think you should think this is your fault. They might have discovered it eventually anyway. So, it's just coincidence.

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Well, I fired the first salvo -- I have this sick sense of justice when it comes to screwing the little guys (read: us) regardless of what's at stake when I feel I've been wronged. It will be interesting to see what happens. eBay loves to market itself as this community of fairness and caring. Let's see if they'll stand up for us.

Report problems with other eBay members > Problems with sellers > The problem

you're having with your seller isn't listed

Member or Item being reported: 4703199739

Message:

Hi,

I won the above item at auction less than a week ago. I received an invoice

from the seller and paid for the item several days later. Yesterday, I received

an email from the seller saying:

Due to an internal error, your recently purchased box set of BILL EVANS,

Complete On Verve 18-CD Box NEW Jazz Piano was listed with an incorrect

Buy-It-Now price. Your order has been canceled and a refund is currently

processing for your payment. We apologize for this error, and will have this

item for sale again in our store shortly at the appropriate pricing. Thank you

for your understanding regarding this matter.

Please include the original message in all replies.

Thank you for contacting us.

Kurt

Customer Support

universalmusicstore@umusic.com

Universal Music Store

I have tried twice to contact them regarding this, telling them that this is no

way to do business. I have received only form responses. They sold at least

8-10 sets (and perhaps more) at this price and, as I know some of the other

auction winners as fellow jazz lovers, at least one or two winners received

their merchandise at the agreed upon price. Therefore, if it was a mistake, it

didn't seem to stop them from listing numerous sets over the past 2 weeks. I am

merely requesting that they be subject to the same binding contract I as the

buyer assumed when I purchased the item. If a mistake was made on their part,

it is their right to correct it and offer future items at the corrected price.

However, for those of us who won the item at auction fairly and submitted to the

explicit contract eBay includes with each and every auction, the seller should

be required to provide the item to those winners at the agreed price.

Thanks for your attention,

Daniel Isaac

P.S. I don't have my hopes up but I guess we'll see. And Kevin, let me second Brad's statement regarding bringing this to their attention -- they went on like this for 2 weeks selling these sets at $100 a pop and my feeling was, as yours, that they we're just trying to get rid of them. Given their utter ignorance and form letter responses, it seems as though they'd be too asleep at the wheel for your email to have been their wake-up call!! ;)

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In case anybody would like to call them, the number is 310-965-7879. This, by the way, happens to be that fellow Kurt's number. I've already left him a message so we'll see what develops. I don't think he'll return the call but I let him know I was an attorney and will be calling back again.

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Before you resort to hurling foul language at Herr Kurt, I'd send him a dozen roses and a box of chocolate-covered cherries & see if he can be gently persuaded to change his wicked ways.

And if that doesn't work, give the capitalist pig a sound thrashing, accompanied by threats to have him transferred to Universal's Buzz spam-marketing division!!! :ph34r:

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Further update, I talked to Kurt. He seemed like a decent fellow but said that due to this ebay error that once they found the error, they cancelled all outstanding undelivered auction because they would have never sold them at that price, etc. and are in the process of doing refunds. He also said that they would be contacting people to whom they delivered the sets to return them but recognized that what's done is done. To me, it's a breach, it's their mistake. So now onto ebay.

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He also said that they would be contacting people to whom they delivered the sets to return them but recognized that what's done is done.

:lol::rmad: Whatever. "Excuse us, my good man, but could you kindly return the set that we legally sold to you?" I really don't have a dog in this fight... just still honked off for fellow board members.

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He also said that they would be contacting people to whom they delivered the sets to return them but recognized that what's done is done.

:lol::rmad: Whatever. "Excuse us, my good man, but could you kindly return the set that we legally sold to you?" I really don't have a dog in this fight... just still honked off for fellow board members.

Like I said earlier.... 'ROCK HEADS!'

Brad, I realize that your conversation was undoubtedly brief.....but I don't suppose you thought to ask the genius why a $99 'Buy-it-Now' on a Brownie box would shock them to their green eye-shade core? Perhaps I'd better call. B-)

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He also said that they would be contacting people to whom they delivered the sets to return them . . . .

You--or they--have GOT to be kidding. :wacko: (although I know you--and they--are not)

If this were some mom-and-pop operation, I could SORT OF understand a move like that, although I would still think it was somewhat inappropriate (and crappy customer relations). But for a major corporation to pull a stunt like that--it's F***IN' OUTRAGEOUS. You should definitely take this to Ebay and DEMAND action (easy for ME to say :rolleyes: ).

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He also said that they would be contacting people to whom they delivered the sets to return them but recognized that what's done is done.

they'll get my evans set when the pry it from my cold dead fingers.

Don't you mean cold, dead, rust-covered fingers?

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Response from ebay:

Hello,

Thank you for taking the time to write eBay with your concerns.

I understand that you have purchased item number: 4705006627 from

"universalmusicgroup," however, the seller now states that the item was

listed at the incorrect price and refuses to complete the transaction. I

understand your concern in this matter, my name is Colt and I am happy

to help you.

As you may already be aware, this is a violation of our "non-selling

seller" policy as the seller is refusing to abide by the terms in the

listing. However, in order for me to take action on your report, please

send me a copy of the actual email along with its full header where the

seller refuses to sell the item that was properly won. Also, please be

advised that, in order for eBay to investigate this matter further, you

must submit the email and header in a single email.

As soon as we have received this information, we'll be able to further

investigate your situation.

Thanks again for writing, and thank you for being part of the eBay

community.

Regards,

Colt

PowerSeller Team

eBay Trust & Safety

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