CLIVE BARKER – ABARAT  (160264908312)

Below is the correspondence between ourselves & the buyer

5-08-08 : Dear #########, Thank you for bidding, your book has been posted.
Could you let us know when you have received the book by either emailing us or leaving feedback? Thanks (?¿?) Regards, xyz272625

11-08-08 : Dear xyz272625,
hi just wondering when you sent my book, i still havent recieved it yet. thanks - #########

11-08-08 :  Hi #########, The book was mailed out on Tuesday the 5th of August.
Address: #/## #### ###### ########## Brisbane Queensland
In city areas it normally takes 1 to 2 days to receive, in town & remote locations it can take from 3 to 7 days. Also look out for a note from the postman. If they missed you; they should leave you a note to pick up a parcel from the local post office. (They are supposed to do that twice 7 days apart before sending it back)  Regards, Xyz272625

Below are the items related to the recent Negative Feedbacks.

CECILIA DART-THORNTON - THE BATTLE OF EVERNIGHT (370044436854)

CECILIA DART-THORNTON - The Well of Tears ***NEW*** (370044428277)

LOUISE CUSACK – Glimmer in the Maelstrom (160246612346)

LOUISE CUSACK – Daughter of the Dark (160246612244)

LOUISE CUSACK – DESTINY OF THE LIGHT (160237137502)

A brief summary;

######### bought 5 books at which she was to send a money order,

-  she changed her mind and was to pay by bank,

-  then she was moving house,

-  and then she had a car accident and so she could not get to the bank, so went back to sending money order.

- payment reminder sent after 16 days from purchase

- she became upset about the reminder and stated she sent money order

- due to the tone of the emails & as a precaution an unpaid dispute was opened

- money order was not received; presumed lost in mail

- we cannot cash an email therefore books were not posted.

- buyer left negative feedback after stating that she would pay by Bank.

- since we closed the last unpaid item dispute, we have received several derogatory & explicit emails from the buyer

- the buyer also started a thread on the eBay discussion board - member to member (subsequently removed for breach of eBay policy)

The Money order has not been received & we cannot cash an email; if a money order was sent you can take the receipt back to Australia Post and get a refund or if it was presented; Australia post can track who cashed it, as your ID is recorded when you present a Money Order.

Forthcoming is the correspondence between ourselves & the buyer

It is an illuminating read…….

In accordance with eBay Policies all names, user IDs, personal and contact information has been removed.

28^TH JUNE AT 12:25PM EMAIL RECEIVED FROM BUYER : Hello, I need to know where to send payment[M/O] for the books. Thanks for the purchase. Will honor feedback. - ####

28^TH JUNE AT 5:09PM INVOICE SENT TO BUYER : 28^TH JUNE AT 6:27PM EMAIL RECEIVED FROM BUYER : Hi - The total is 50.05, correct? I don't have yr details to be able to pay yet. Cheers. - ####

28^TH JUNE AT 6:59PM EMAIL RECEIVED FROM BUYER : Hi and thanks for the bids. I didnt see this email earlier. If you provide yr bank details I can pay into yr account when I go to pay others at Mackay or Sarina [2 hours from here so one trip to pay all would be good if you can get back to me before then?] Sorry I dont use 3rd parties [paypal etc]. Alternatively I can post payment which will take longer?  All the best,  #### 

28^TH JUNE AT 7:01PM EMAIL RECEIVED FROM BUYER : Hi and thanks for the bids. I didnt see this email earlier. If you provide yr bank details I can pay into yr account when I go to pay others at Mackay or Sarina [2 hours from here so one trip to pay all would be good if you can get back to me before then?] Sorry I dont use 3rd parties [paypal etc]. Alternatively I can post payment which will take longer? All the best, ####

29^TH JUNE EMAIL SENT TO BUYER : Hi ####, Thank you for buying. The invoice has been sent, the information should present itself when you choose the method of payment. Regards, ####

29^TH JUNE AT 5:15PM EMAIL RECEIVED FROM BUYER : Hi Yes I hadnt seen it when I wrote-sorry...not at home at the moment [moving house] will check when we get back...cheers and thanks...,

29^TH JUNE AT 5:49PM EMAIL RECEIVED FROM BUYER : Hello again sorry I can't find you banking details?? Plse advise before Monday morn if possible. Apologies. ####

29^TH JUNE AT 5:52PM EMAIL RECEIVED FROM BUYER : well i dont know what i'm going to do...i cant find an address to post a mo or bank acc to go pay...:(k

29^TH JUNE AT 7:38PM EMAIL SENT TO BUYER : Hi ####, The banking details are: # ########## ######### BSB: ###-### ACCOUNT: ### ### ### Could you please leave your user name or item number with the deposit. Regards, ####

29^TH JUNE AT 9:54PM EMAIL RECEIVED FROM BUYER : Hi #### and thank you for the details. I don't think they have St George up her so it may take an extra day or two to transfer between banks. Will let you know when its in tomorrow.Will also leave both my user name and the item number if possible. If not then will leave one or the other. Kind Regards, #### 

29^TH JUNE AT 10:12PM EMAIL SENT TO BUYER : Hi ####, I also have an ### account if that is easier for you; ### ############ BSB:         ###-### ACCOUNT:     ### ### ### : Let us know which bank you use as the ANZ is a bit slow with information. Regards, ####

29^TH JUNE AT 10:55PM EMAIL RECEIVED FROM BUYER : Hi ####, Thanks for that. I'll pay in at your ANZ acc.[I've been trying to add my c/c to PayPal but for some reason it is not accepting it. Will look into it for future purchases and hopefully make it easier too]. The ANZ Branch will be Cnr Sydney and Victoria Sts, Mackay 4740. All the very best and appreciated... Cheers, ####

30^TH JULY AT 12:36PM EMAIL RECEIVED FROM BUYER : Hi ####, Plse accept my apologies, as I was unable to go to town as anticipated. I'm posting payment to you in today's mail. If you would kindly advise upon receipt of same and despatch of goods. Will leave feedback and buy again. Cheers, ####

30^TH JULY AT 12:45PM EMAIL RECEIVED FROM BUYER : Hi again ####, Do I have your postal address? I think I have it mixed up with someone else's [Bowraville]? I am so sorry about all this...I'm turning out to be the worst buyer. If that's not it it, plse- if you can- email it to me before approx 4.45pm today as the mail leaves here at c.5pm... Regards, ####

30^TH JULY AT 8:06PM EMAIL SENT TO BUYER : Hi ####, The mail address is; ######## PO. BOX: ## #####,###, ####  Sorry I did not see your email until late. Regards, ####

30^TH JULY AT 8:09PM EMAIL RECEIVED FROM BUYER : Hi ####, No problem...hope I haven't messed you around. Posting tomorrow. Kind Regards, #### 

4^TH JULY AT 5:19PM EMAIL RECEIVED FROM BUYER : Dear ####, I havent heard from you and you may think I'm a nonpayer. I hope u rec'd my message re accident? Bear with me, I'll be able to pay into yr account on Tues 8/7 when I get into town it will be quicker this way. Plse accept my sincerest deepest apologies. Kind Regards, ####

9^TH JULY AT 7:14PM EMAIL RECEIVED FROM BUYER : Dear ####, My sincerest apologies for the delay. Payment sent today. I will leave feedback and hope to buy again soon[with immediate payment!]Regards, #.

14^TH JULY AT 1:14PM EMAIL RECEIVED FROM BUYER : I'm sorry you have not received payment. I will need to go to the PO and cancel the M/O. How did I know this would happen if I sent M/O?

14^TH JULY AT 1:23PM EMAIL RECEIVED FROM BUYER : OK. I've phoned the PO and have been asked to take the receipt over.If it doesn't rain it pours. I told you I was in a car crash and without a car and live hours from the bank.I went out of my way to do my very best AS SOON AS I HUMANLY COULD but how did I KNOW this would happen.Interesting.Thanks ####.

15^TH JULY AT 3:54PM EMAIL RECEIVED FROM BUYER : I don't know why you havenot cashed MONEY ORDER No. 24491288-64. It has obviously been padi for and sent to you. If you wanted to renege on the sale you could have made arrangements with me to do so. I will wait another 24 hours to hear from you.#### ####### St Lawrence Qld

15^TH JULY AT 11:40PM EMAIL SENT TO BUYER : Hi ####,  To date you have sent me 7 emails. Email #1 - Hello, I need to know where to send payment[M/O] for the books. 28-06 Email #2 - Hi - The total is 50.05, correct? 28-06 Email #3 - Dear ####, I havent heard from you and you may think I'm a nonpayer.I hope u rec'd my message re accident? Bear with me, I'll be able to pay into yr account on Tues 8/7 when I get into town it will be quicker this way. 4-07 Email #4 - Dear ####, My sincerest apologies for the delay. Payment sent today. 9-07 Email #5 - ?I'm sorry you have not received payment. I will need to go to the PO and cancel the M/O. How did I know this would happen if I sent M/O?? 14-07 Email #6 - OK. I've phoned the PO and have been asked to take the receipt over.If it doesn't rain it pours. I told you I was in a car crash and without a car and live hours from the bank.I went out of my way to do my very best AS SOON AS I HUMANLY COULD but how did I KNOW this would happen. Interesting. ####. 14-07 Email #7 - I don't know why you havenot cashed MONEY ORDER No. 24491288-64. It has obviously been padi for and sent to you. If you wanted to renege on the sale you could have made arrangements with me to do so. I will wait another 24 hours to hear from you. 15-07 We allow 10 days from date of sale for payment. We are very flexible & usually allow more time, as we have with you. Our system sends payment reminders after the 10 days. We have to give you the benefit of the doubt that the Money order has been sent. Based on the fact that we take pride on our diligences & promptness of our dispatch system; I do take offence to your last email. I do not appreciate being given a timeline when we are the ones waiting for payment. Subsequently I am opening a payment dispute to each of the books. That will give you 7 days to resolve it from your end as there is nothing I can do on this end until payment is received. Meanwhile if the money order arrives I will let you know.  ####
15^TH JULY 2008 SELLER OPENED UNPAID ITEM DISPUTES ON ALL BOOKS

COMMUNICATION MADE THROUGH DISPUTES CONSOLE: EBay - 15-Jul-08 at 23:41:16 An Unpaid Item dispute has been opened for the following item: LOUISE CUSACK – DESTINY OF THE LIGHT (#160237137502) Reason given for Unpaid Item: The buyer has not paid for the item. Buyer actions reported by seller: The buyer's payment has not been received.

COMMUNICATION MADE THROUGH DISPUTES CONSOLE:

SELLER - 16-Jul-08 at 12:07:54 AEST : Hi ####, As originally stated we have not received payment. You responded to this dispute at ::: 16-Jul-08 at 02:21:00 AEST : Repeating the above line; I don't know if this check has been cashed. You sent me an email at ::: Wed 16/07/2008 1:55 AM : Below is an extract::: I just sent Australia Post H/O a message because I know I've paid. The Post mistress gave me this number to ring after she found your details:131318, But it was the wrong number. A girl there gave me this number to ring after she found your details:131318, But it was the wrong number. A girl there gave me this number: 1300362030. I phoned it and went thru the process entering your money order number which is: 2449128864. The messg I recieved yesterday was"Remains unpaid" [meaning not that I haven't sent it but that you either don't have it or havenot cashed it/they haven't paid you out yet. At the end of the day the money order situation is in you hands. There is nothing that I can do but wait. If you choose to go to the solicitors, police or make the numerus phone calls that you stated; it is entirely up to you, as it is your time & your money. We hope common sense prevails; and as you wrote on email #5 “I'm sorry you have not received payment. I will need to go to the PO and cancel the M/O”

If you are serious about purchasing the books, cancel the money order & send a new one. On my behalf the opening of the disputes insures that I follow eBay protocol. Regards, ####

COMMUNICATION MADE THROUGH DISPUTES CONSOLE:

BUYER - 16-Jul-08 at 01:12:59 AEST I have already paid for this item using check or money order. Payment details are as follows: Check number: 2449128864 Amount: AU $50.05 Payee: #### #### Payment date: 10-Jul-2008 Additional comments: My PostMistress remembers the M/O and told me to call 1300362030.I did and the message said,'remains unpaid' which means the recipient has not yet cashed it/Aust Post has not yet paid it out to him.I am hoping my seller advise of its receipt in the next 24hrs and sends the goods.If he doesnt I will know he is unethical. I pray he is not.If he is I will see a solicitor. First I will give him one opportunity to be honest. Thankyou, Ebay. ####

16^TH JULY 2008 AT 1:13AM EMAIL FROM EBAY RECEIVED RE DISPUTE eBay member, ####, has indicated that they already paid for LOUISE CUSACK ? DESTINY OF THE LIGHT (#160237137502).
16^TH JULY AT 1:21AM EMAIL RECEIVED FROM BUYER : For ethical provision of services and provision of payment please telephone: 1300362030. Press #1 and enter this number: 2449128864. I would like to know why you are refusing to honor the sale and sell to me. I'm afraid our local police office is on holidays but you are welcome to contact him. Alternatively I will see a solicitor when next I am home in Melbourne if the Money Order doesnot turn up. Someone wil be held responsible. I donot wish to leave bad feedback for you and wish to honor the sale since I have paid and an agreement has been made between us.I am not a spiteful person but I am equitable and will not be subject to breach of contract and loss. If you would do your bit as I have done mine, to ensure the pasage of the rest of the transaction and simply be fair. #### ####.

16^TH JULY AT 1:49AM EMAIL RECEIVED FROM BUYER : Dear #### Well I must say I am very relieved to hear from you. I didn't know what to think. I apologised because the accident was not my fault and I was left wihout a car. The reason I couldnt go to the bank when I went to town is because my EX took me and I couldn't go anywhere or do anything except to deal with insurance. I am sorry about that but I couldnt change it. I felt bad enough because I didn't pay straight away thru no fault of my own and I am usually a very good and ethical payer and person who likes finding the very best in others. I was so looking forward to giving you good feedback and doing more business and I'm reduced to tears to think this has gone so wrong.Still, I know from experience good comes out of not so good. So I pray this is the case with us. I just sent Australia Post H/O a message because I know I've paid. The Post mistress gave me this number to ring after she found your details:131318, But it was the wrong number. A girl there gave me this number: 1300362030. I phoned it and went thru the process entering your money order number which is: 2449128864. The messg I recieved yesterday was"Remains unpaid" [meaning not that I haven't sent it but that you either don't have it or havenot cashed it/they haven't paid you out yet.If you phone that number and enter those details you will be able to hear for yourself. This may help somehow - maybe reassure you that I have paid at the PO and when I pay there she doesnt return the envelopes for me to put in the postbox but puts things straight in the bag herself which is ok by me as I see it go in and be tied up for the truck to pick up. From here it would have gone to Rockhampton mail centre [2 hours South] so I'll be onto the head honcho there too if it doesnt turn up. I haven't had things disappear in the mail before but understand the process and I'm like a dog without a bone until issues are resolved I don't care how /what it takes. I will find it if you don't. I can't think of anything else but if I do I will let you know.Meanwhile I will be phoning your postmaster today although my postmistress said 'You can't do that.' I can. I will. Not that they will divulge much although having the m/o number may assist.I will also phone around later today.. I will check for our/ebays/Australia Posts' response and take it from there. I'll also look at the legal issues associated with ebay. Aust Post, contract & tort law and various and different resonsibilities etc etc...incase it doesn't turn up. I can only say at this stage ####, thank you for replying this evening. I am greatly relieved just to hear from you as I believe communication is a great benefit all round and lack of communication only makes things worse... I appreciate your response. Thanks again. ####

16^TH JULY AT 1:55AM EMAIL RECEIVED FROM BUYER : #### I was just rereading your email and at the end - I don't know how I missed it I think I was just so happy to hear from you and didn't even see it that you are opening a dispute. I will contact a solicitor today. I wasn't giving you a time line as such I wanted some sort of limit for myself to enable me to pursue legal channels as I was being accused of nonpayment which in my eyes is theft. If not fraud. I intended to sort this out for you no matter what at my own cost.Anyway I should have read your email properly. I am very sad. To say the least. ####

COMMUNICATION MADE THROUGH DISPUTES CONSOLE : BUYER - 16-Jul-08 at 02:01:22 AEST

THE BUYER HAS PAID FOR THIS ITEM THE MONEY ORDER IS 2449128864

COMMUNICATION MADE THROUGH DISPUTES CONSOLE : BUYER - 16-Jul-08 at 02:16:26 AEST I have already paid for this item using check or money order. Payment details are as follows: Check number: 2449128864 Amount: AU $50.05 Payee: #### #### Payment date: 10-Jul-2008 I don't know if this check has been cashed.

Additional comments: i am being falsely accused of nonpayment and i have paid. the m/o number is 2449128864. I will be going to a solicitor later today.I refuse to be falsely accused.

COMMUNICATION MADE THROUGH DISPUTES CONSOLE : BUYER - 16-Jul-08 at 02:18:16 AEST I have already paid for this item using check or money order. Payment details are as follows: Check number: 2449128864 Amount: AU $50.05 Payee: #### #### Payment date: 10-Jul-2008 I don't know if this check has been cashed.

Additional comments: this has been paid for. i will be seeking legal advice today as i am being falsely accused.

COMMUNICATION MADE THROUGH DISPUTES CONSOLE : BUYER - 16-Jul-08 at 02:18:56 AEST : i refuse to be falsey accused and wil be seeking legal redress

COMMUNICATION MADE THROUGH DISPUTES CONSOLE

BUYER - 16-Jul-08 at 02:21:00 AEST I have already paid for this item using check or money order. Payment details are as follows: Check number: 2449128864 Amount: AU $50.05 Payee: #### #### Payment date: 10-Jul-2008 I don't know if this check has been cashed.

COMMUNICATION MADE THROUGH DISPUTES CONSOLE : BUYER - 16-Jul-08 at 13:51:37 AEST

I didnt know what to do ####. I'm only trying to resolve the issue for you as well as me. I don't know what ebay protocol is. I thought I buy you sell end of story.What CAN I do? I didn't cancel the MO because I found that the money order number on the 1300 number to Aust Post proves items have been paid for and sent to you. So I am waiting on that to be cashed your end unless the m/o has been destroyed which would be the only reason it won't be cashed. Have you checked yr box? ####

COMMUNICATION MADE THROUGH DISPUTES CONSOLE SELLER - 16-Jul-08 at 14:08:35 AEST

Hi ####, Quite simply the money order may be lost in the mail. We check our PO BOX daily as we have a business to run. We have not received the money order.From this end we will wait the 7 days that are required under the eBay system; if payment is not received we simply close the dispute as unpaid.Regards, ####

COMMUNICATION MADE THROUGH DISPUTES CONSOLE  BUYER - 16-Jul-08 at 15:19:25 AEST

Hi ####, Thanks for your reply. I am hoping it will turn up and that is not lost in the mail. How else can I buy the books? I will ring your Post Office. Hopefully you havent checked todays mail yet. Regards,####

COMMUNICATION MADE THROUGH DISPUTES CONSOLE

BUYER - 16-Jul-08 at 16:54:21 AEST Hi again ####, I have just phoned Newport Post Office [0393912548] who advise: a.  they have post boxes numbered from 1000 - 1084 b. Post box # 58 is NOT at Newport Post Office, but rather it is at Newport Delivery Centre on Mason Street. c. There is also a [3rd] West Newport Post Office on Challis Street. Newport Post Office also advises that, in the event that the Money Order is not found then:a. The Money Order can be cancelled and, b. A new Money Order can be made and issue

16^TH JULY AT 5:02PM EMAIL RECEIVED FROM BUYER

Newport Post Office [0393912548]advises they have boxes 1000 - 1084 # 58 is NOT there its at Newport Delivery Centre Mason St if M/Order not found can cancel/be reissued.Let me know. Regards,####

18^TH JULY AT 6:10PM EMAIL RECEIVED FROM BUYER

Dear #### This is my last attempt at asking you if you want me to pay again which is ok by me. I have down everything and more to try to be helpful. Dont you want to complete the contract and transaction?

COMMUNICATION MADE THROUGH DISPUTES CONSOLE: #### - 18-Jul-08 at 18:19:52 AEST

Is there some reason you don't want my payment/to seel me the books? I've done my best. 

COMMUNICATION MADE THROUGH DISPUTES CONSOLE: SELLER - 19-Jul-08 at 08:53:55 AEST

Hi####,Whilst we have a dispute,could you insure that all communalisations are done through this consol.I have not received payment as yet & I am well aware of the location of my own PO Box. As my last communication with you stated; There is nothing that I can do from this end; Simply put – if you want the books pay for them – if you do not want the books, don’t pay for them.Regards, ####

SELLER - 19-Jul-08 at 08:56:01 AE Pardon the spelling error it is supposed to be communications not communalisations.

COMMUNICATION MADE THROUGH DISPUTES CONSOLE: BUYER - 20-Jul-08 at 04:59:35 AEST

Hi ####, Thanks for that. Check yr bank account Monday sometime.Before lunch. Money going in at ANZ Mackay [Victoria St]. I will still leave u good feedback and recommend you because ...well, I will.If I get reception I'll email u from my mobile when I bank it.Thankyou. ####

ON 21ST JULY 2008 in the morning the buyer did not deposit the money in the Bank; instead she left negative feedback on the 5 books.  

Subsequently disputes were closed and unpaid strikes left. (Money order has not been received & we cannot cash an email)