My eBay transaction experience with "blackzarak"


This information is factual, and all of the emails contained here are directly quoted. This information speaks for itself and is provided simply for information purposes. I recently had a very unpleasant experience with an eBay user "BlackZarak". This is the second time I've dealt with him. On our first transaction, I won a Japanese exclusive Metalhawk from him, which I paid $305 for, since he stated it was complete. It was missing 2 accessories however, and when I emailed him regarding this, he seemed very willing to compensate me for this. He asked how much of a refund I thought I ought to get, and we agreed that $30 was fair. He claimed he sent a money order for the ammount. I never received it.

A few weeks later, he was auctioning A Japanese/UK exclusive Overlord. I won the auction and asked if he would be willing to deduct the $30 from Overlord's price since I never received the refund. He agreed, and I sent payment. He then failed to respond to ny email communication for 2 weeks after he received the money (almost $300). I looked up his contact info through eBay, and the phone number he provided was not correct. Even less encouraging was the fact that he used a P.O. Box instead of a real address, and Information did not have a listing for him.

After 2 weeks of un-successful attempts to reach him, combined with the fact he was using a PO Box, and used a fake phone number, I contacted Safe Harbor and the Post Office regarding this, filing a fraud report with eBay, and spoke with the Postmaster regarding filing fraud charges with the Post Office. He informed me that defrauding a person using US Mail is a violation of the Postal Code, and a felony. I emailed the fact that I was persuing this matter to "blackzarak". Within an hour, he was able to respond to my emails. He then told me he was "too sick to check his email" etc. I decided to swallow my pride and apologize (?), hoping he would do the same, but he just kept on going. Read the emails sent between us below. My emails are blue, his are red.



Date: Mon, 25 Sep 2000 01:43:48 -0400
To: blackzarak@netzero.net
From: Jason Fenech
Subject: overlord


Hi, how are ya.
How much are you looking to get out of Overlord?
Sonic



>At 02:07 AM 9/25/00, you wrote:
>>Hey!
>>
>>I'm asking $300.00 for Overlord.
>>
>>BTW: Did your M.O. arrive okay?
>>
>>BZ





From: Jason Fenech <sonic@sonicjay.com>
To: BlackZarak <BlackZarak@netzero.net>
Date: Monday, September 25, 2000 5:53 AM
Subject: Re: overlord


>The money order  hasn't arrived yet. Did you send it first class or regular
>mail? What date was it mailed? I didn't realize you sent it. :-(  A few
>weeks ago the P.O. lost an unapplied Siren sticker sheet auction I had
>won...Hope I'm not having the same luck now. I'll email you back later on
>Overlord, or may just bid on it. Is $300 the reserve or how much you want
>to get for it?
>  Thanks
>Sonic
>



At 11:07 PM 9/25/00, you wrote:
Hmmm.
I'll rub a trace on the Money Order, it's been over a week.  Worst
case, I'll just get it refunded and resend it.


$300.00 is the reserve & what I want for Overlord. ;)

Thanks for writing,
BZ



Date: Mon, 25 Sep 2000 23:13:44 -0400
To: "BlackZarak"
From: Jason Fenech
Subject: Re: overlord


Thanks!
Sonic







Date: Mon, 25 Sep 2000 20:07:59 -0400
To: "BlackZarak"
From: Jason Fenech
Subject: Re: overlord

Have you considered signing up for Paypal? It's totally free, then I could zip payments right over to you on my credit card. If you're willing to do Paypal (or Billpoint, almost same thing, but charges small fee), I'll buy Overlord if you want to end him early. Just let me know.





At 10:47 PM 9/26/00, you wrote:
Hi,

I'd prefer not to use Paypal or Billpoint.  I feel more comfortable with the
usual methods of payment. :)





Date: Tue, 26 Sep 2000 22:37:35 -0400
To: "BlackZarak"
From: Jason Fenech
Subject: Re: overlord


No problem. I'll see if I can get together the cash for  overlord, but if I can't, let me know if you get another in. I just spent a good chunk today on a different godmaster. Thanks!
Sonic




Date: Fri, 29 Sep 2000 22:22:13 -0400
To: "BlackZarak"
From: Jason Fenech
Subject: Re: overlord


I won Overlord, I'll send out the payment in the morning. Do you want to just deduct the $30 from Overlord, and if the money order shows up just return it to you? if not that's fine too if you want to give it time. That Sticker sheet that I told you about that had gotten lost in the mail miraculously showed up the other day after a month! Let me know how much for Priority insured shipping and I'll send tomorrow. Thanks!
Sonicjay




At 01:15 AM 9/30/00, you wrote:
Hey Jay :)

Congratulations on Winning!

Shipping (Confirmed Priority Insured) will be $8.00.

You can deduct the $30.00 from the Total, and disregard the Money Order when
it comes in.

So That makes your invoice:

Overlord -------$300.00
Shipping-----------$8.00
Subtotal--------$308.00
Deduction-------$30.00

Total --------------$278.00


Send $278.00 to

C. Hooper
P.O. Box 2313
Humble, TX
77347-2313

Thanks again :D

BZ


This is the last email I receive from him until I threaten legal action, after which he immediately responded




Date: Sat, 30 Sep 2000 01:02:57 -0400
To: "BlackZarak"
From: Jason Fenech
Subject: Re: overlord


Great, It'll go out in the morning. Thanks!
Jay




Date: Sat, 30 Sep 2000 13:40:51 -0400
To: "BlackZarak"
From: Jason Fenech
Subject: Re: overlord



Just letting you know, payment is on it's way (Priority Mail, Postal Money order) and here is the delivery confirmation number:
0300 6000 0002 8550 2588
here is the P.O. site address for it:
http://www.framed.usps.com/cttgate/welcome.htm
(It will usually takes a couple hours to get into the system)
Thanks!
Sonicjay




Date: Tue, 10 Oct 2000 11:51:51 -0400
To: "BlackZarak"
From: Sonicjay
Subject: Re: overlord


When was Overlord shipped? It still is not here.
LMK,
Sonicjay




Date: Fri, 13 Oct 2000 11:54:26 -0400
To: "BlackZarak"
From: Sonicjay
Subject: Re: overlord


BZ,
 I need to know what is going on with Overlord. I'm a little concerned since you didn't answer my last email. The Post Office website shows that payment arrived:

You entered 03006000000285502588

Your item was delivered at 7:26 am on October 2 in HUMBLE TX 77347.

and I paid for Priority Mail shipping, but it has been a week and a half since you received the payment. Please email back with the shipping status and Delivery Confirmation number. Again, my main concern is that I haven't received any email from you since the original "invoice".
Thanks,
Sonicjay




Date: Sat, 14 Oct 2000 23:19:53 -0400
To: "BlackZarak"
From: Sonicjay
Subject: RESPONSE NEEDED



Colin,
 I need you to contact me and let me know what is going on with Overlord. You've had the payment for almost 2 weeks onw and have not responded to any of my earlier emails. The email you sent regarding payment info said that you'd be sending him Priority with Delivery Confirmation. I want the delivery confirmation number. If you are having any problems that have left you unable to contact me or ship, I need to know, as this is the third email I've sent wanting to know what's happening. Please contact me immediately regarding this auction. I've sent you a large sum of money and am getting concerned now.

Jason



Date: Mon, 16 Oct 2000 17:48:41 -0400
To: "BlackZarak" From: Sonicjay
Subject: Re: overlord
Colin,
After repeated attempts to reach you via email without a single response, I looked up your user information through ebay. Thinking you may have experienced outrageously extensive computer trouble taht prevented you from sending email of any kind, I attempted to reach you by phone. Unfortunately, you have chosen to provide them with a non-working phone number. I can't imagine any situation that could prevent communication for 2 weeks. The facts are as follows:
  1. I've had three previous unsuccessful attempts to contact you
  2. The ebay contact information is incorrect or bogus
  3. I've contacted eBay's Safe Harbor and filed a fraud report, as well as the Post Office.
  4. You need to understand that defrauding someone via U.S. Mail is a violation of the Postal Code, and is also a felony. I've contacted the Postal Inspector's office regarding filing a mail fraud report. You have refused to reply to my emails and am unable to reach you by phone.
  5. The auction ended September 29th, payment was sent via Postal Money Order#023000279578 and was sent via U.S. Priority Mail with a Delivery Confirmation number which is: 0300 6000 0002 8550 2588 whic according to the information found here (http://www.framed.usps.com/cgi-bin/cttgate/ontrack.cgi the Post Office Website), you received the payment on October 2nd.
  6. The email you sent me with the payment total said the payment due included insured Priority delivery with a confirmation number.

Unless you respond to this email with your real phone number and a tracking number for the package which I expect immediately, I will have no choice but to pursue this. Please do the right thing. You will receive an email from Safe Harbor regarding this situation.

Jason





From: "BlackZarak"
To: "Sonicjay"
Subject: Re: Action Taken regarding Overlord
Date: Mon, 16 Oct 2000 22:20:56 -0500


Y'know, you sure are being unprofessional about this transaction. I just got back online, because I've been sick. It's barely been 2 weeks and your overlord is ready to ship, I've just been too sick to get it sent off or get online.

Our last transaction went well, what makes you think that I'm going to rob you now?

You seem a bit paranoid.

After this transaction PLEASE don't ever ask to buy from me again, if you really think that I'm a thief.

There's no need to make a hassle.

Have a little patience, we don't live in a Perfect world. Did you ever stop to think that if I was a Crook that I wouldn't have Perfect Feedback on eBay? I don't even have One Negative Comment. I don't rob people.

I can't believe that you'd act this way. It's very unprofessional.

I'm glad that I'm feeling better now so that you can get your Item and I'll be done with this.

As much as we've talked and dealt, I figured you'd have some understanding and patience, but I suppose I was wrong.

BlackZarak





Date: Mon, 16 Oct 2000 23:14:49 -0400
To: "BlackZarak"
From: Sonicjay
Subject: Re: Action Taken regarding Overlord


Look, I'm sorry you've been sick, but I would have appreciated an email at least saying so, then I would not have been worried at all, especially after our last transaction. I feel that would have been the professional thing to do. I'm not trying to offend you, but please try to see it from my point of view. After no email for 2 weeks, in-ability to reach you by phone, and a PO box versus a real address, I admit I was a bit paranoid maybe. Any how, I'm glad to hear you're feeling better. Thanks for responding.
Sonic





Date: Mon, 16 Oct 2000 23:23:06 -0400
To: "BlackZarak"
From: Sonicjay
Subject: Re: Action Taken regarding Overlord


Let me apologize for over-reacting, but please just put yourself in my shoes. I know you're not a thief, especially with your feedback record, and didn't want any ill-will over this transaction. It is just very difficult to be left in the dark wondering for a week or so when almost $300 of your money is floating around. I hope you understand! I would definately have no problem waiting for you to get better if I had known you were sick. So again, let me apologize for my reaction.
Sonic




At 11:32 PM 10/16/00, you wrote:

-> If you are having any problems that have left
>you unable to contact me or ship, I need to know

Please explain to me how I can let you know if I am unable to contact you?

Let's be realistic here.






Date: Mon, 16 Oct 2000 23:28:25 -0400
To: "BlackZarak"
From: Sonicjay
Subject: Re: RESPONSE NEEDED


oh, I meant by phone. I had left my number in one of the emails.




From: "BlackZarak"
To: "Sonicjay"
Subject: Re: RESPONSE NEEDED

Date: Tue, 17 Oct 2000 01:22:45 -0500

Yes, but if I am unable to check my email, how am I going to get that phone number?


From: "BlackZarak"
To: "Sonicjay"
Subject: Re: Action Taken regarding Overlord
Date: Tue, 17 Oct 2000 01:02:59 -0500

Jason,
I would have been more than happy to respond to you, if I had been able.
I've been bed ridden for well over a week and unable to anything.
I'm very sorry that your item has been delayed, but it hasn't been that long.
I'm also sorry that you had to be so rude about this and I won't be doing any business with you after this transaction is complete.
Thanks for your time, and please inform eBay that I am not a thief. Since you know the law so well, you should know that Libel is a crime, as well.




Date: Sat, 21 Oct 2000 11:26:01
To: "BlackZarak"
From: Sonicjay

Subject: Re: ACTION TAKEN


Colin,
Libel is when there have been slanderous, non-factual statements made to a third party regarding a person. (Read up on it here: http://www.abbottlaw.com/defamation.html )This is not the case. Looking back at all the emails shows that I have done nothing but stated facts about our "transaction", no opinions or statements about you whatsoever. Likewise, the statement made to eBay was purely factual. You HAVE provided them with a non-working phone number, and you DID fail to email me for 2 weeks, and I HAVE NOT received my package. These are the only statements that have been made to eBay. I have not called you names or claimed anything to the contrary. You, on the other hand, have had plenty to say about me.

Five more days have now passed and I still do not have the package, I can not understand for the life of me what your problem is, or why you think that I'm the one at fault here. I sent you $278 THREE WEEKS AGO, and still have nothing except foolish excuses that you were too sick to use email. Were you in a coma? I hardly think so. If I do not have the package by Monday, I will persue the matter as stated before you contacted me a week ago. If you have not sent it by now, you need to send it Express Mail or Fed-Ex to get it here by Monday. It is still early Saturday and the Post Office is still open. Despite your earlier claims, I have been extremely patient thus far, but my patience has run out. I cannot tolerate this any longer.

Jason



X-From_: BlackZarak@netzero.net Sat Oct 21 10:23:44 2000
Envelope-to: sonic@sonicjay.com
From: "BlackZarak"
To: "Sonicjay"
Subject: Re: Action Taken regarding Overlord


What is your problem?
Your item has been sent off. I don't know why you are apologizing one second and screaming at me the next. This is exactly why I don't seek to have any future business with you. Your threats and accusations are what are very unprofessional.

Your entire tone has changed from two days ago. I also find it humorous that you're just now replying to to an email that I sent DAYS ago, and yet you want to scream at me for not replying to you immediately.

You have alot to learn about professionalism and patience. You apparently have no patience at all, judging from your threats and rude actions.

BlackZarak



From: Sonicjay
To: Blackzarak
05:39 PM, 10/21/200
Subject: Action Taken Regarding Overlord

Professionalism? You are seriously mistaken if you think un-professional is on my end. Look at the facts: I have made numerous very professional, well documented attempts to resolve this situation by simply stating facts, instead of name calling, making excuses and flat out lying. Tell me at what point in emailing you asking for updates when I hadn't heard from someone who had $278 of my money did I become un-professional? It is foolish to think that it is acceptable to ignore emails for weeks when that ammount of money is involved, regardless of your excuse. I have not made any accusations or threats, just informed you what will happen if the item doesn't show up. These are not MY "threats" or policies, but the policies of eBay and the US Postal Service. You blew off emails for weeks, and still have not forwarded me the tracking number for the package, after claiming last Monday that it was "ready to go". It should have been here Thursday then. I also do not understand why you keep telling me not to do future business with you, as if I'd try.

I would not have replied to your email from DAYS ago if you had sent the item then. If you had, it would already be here by now. At any rate, I am through emailing you regarding this situation. I have better things to do than try to reason with a teenager. You are apparently unable to see this from a realistic point of view. As stated before, I expect the tracking number to be emailed to me, which should be no problem since the item has been shipped, and I expect the item to arrive Monday.
Jason


Date: Sun, 15 Oct 2000 15:54:40 -24000
To: "BlackZarak"
From: Sonicjay
Subject: Overlord transaction


Overlord arrived today 4 days shy of a month after the auction ended, despite your terms stated in the auction that money order payments would be shipped immediately priority. In your last email (sent Saturday, October 21st) you stated that Overlord had already been sent. This proved to be another lie by the postmark on the package. This has been the most awful transaction I've ever had on eBay, and I'm extremely glad that it is finally over. Thank you for finally shipping the item. Good day.

Sonicjay





X-From_: BlackZarak@netzero.net Wed Oct 25 11:14:10 2000 Envelope-to: sonic@sonicjay.com
From: "BlackZarak"
To: "Sonicjay"
Subject: Re: Overlord transaction


Do you know anything about Mail Order or the Post Office?

I took your Item to a Shipping Agent Saturday Afternoon, since the Post Office Closes at 2 PM, so that it would be shipped off First Thing Monday.

You have no idea how tired I am of you calling me a liar. I haven't lied to you. I WAS sick for well over a Week & a Half. It put me behind on all of my transactions, not just yours, and yet you have been the most rude and paranoid of all of my clients.

I, too, am glad to be rid of you. I've never met anyone so unprofessional & lacking in understanding.



X-From_: BlackZarak@netzero.net Sat Oct 28 11:06:15 2000
Envelope-to: sonic@sonicjay.com
From: "BlackZarak"
To: "Sonicjay"
Subject: Re: Overlord transaction
Did you report me to ebay because of my Phone Number?

I find this very sad that you would do such a thing, even though you'v received your item. I've never cheated anyone, and yet you've done a very vindictive thing. I can't believe that you would try to rob me of my job, just because your item was delayed.

BlackZarak



Sat Oct 28 11:06:15 2000
Envelope-to: sonic@sonicjay.com
From: "Sonicjay"
To: "BlackZarak"
Subject: Re: Overlord transaction

A while ago when I originally contacted them about Safe Harbor, I informed them that your phone number ws not correct. Not recently after I got the item. It was when you were still not responding. Let me get this straight; you think it's sad that someone informed ebay that your info is bad on your account, but don't realize how much more sad and shady it is that you provided a bad number? Wake up man. Rob you of your job? What is that supposed to mean? Nevermind, I don't care. Please just go away.


X-From_: BlackZarak@netzero.net Sat Oct 28 14:27:51 2000
Envelope-to: sonic@sonicjay.com
From: "BlackZarak" To: "Sonicjay"
Subject: Re: Overlord transaction
Date: Sat, 28 Oct 2000 16:36:14 -0500


The Number wasn't bad, it was just in need of Updating. Of course, you didn't tell me before you went off trying to start trouble with eBay.

This is thet last I hope to hear from you. It's a shame that your impatience and lack of understand has ruined an otherwise good business relationship.

BZ



From: Sonicjay
To: Blackzarak

If it was not current, it was BAD. I told you almost TEN TIMES it was bad. I posted all the emails on my webpage.Read them.
http://www.sonicjay.com/transformers/blackzarak
DO NOT EMAIL ME AGAIN



He continues to email me rambling on and on despite several requests for him to stop emailing me. He is complaining that I'm attempting to "smear his good name" with this page. Again, as stated at the top of this page, this information is factual, directly quoted, and provided just for informational purposes. If all that is quoted here are emails and facts, and he is worried about the facts affecting his reputation, then he should have made steps to avoid the facts being what they are. As evidenced in the emails above, I have finally received the item, but he continues to harass me in email.


Ebay users and TF collectors, Read what the Abbott law says about libel, slander and defamation. This information is fact, not opinion, and is self explanatory quotation. eBay's policy requires that a suspected fraudulent transaction be reported as soon as possible. I have not once stated any personal opinions regarding Colin Hooper. He has, on the other hand, had plenty to say about me. I have maintained a professional attitude and demeanor through this entire situation.



Thanks for reading.