JayAndMarie-Ebay Power Sellers, Trading Partner Rip-Off MariesCDs@aol.com JayandMarie@aol.com Marie Senese; Jay Senese, Marie Senese, Lee Senese, & Teri Buchanan JayAndMarie Ebay ripoff Team - THEFT under $100.00 - FRAUD MISREPRESENTATION LIARS. Sierra Madre California

I apologize for the length of this report but this is an unabbridged document of the scam as explained through email correspondence between the owner of the store and myself, the person scammed. I am not adding my commentary because my emotion will not help you, and it may do the opposite.

If you are a lawyer, I am willing to partake in a class action lawsuit. This ripoffreport strongly suggests the jurisdiction of Arizona for a court case, which is fine by me. Since this is an Internet business on eBay.com, I would imagine it would be a relatively easy task to contact other dissatisfied parties.

As of today there are over 3560 unique and individual complaints against this organisation. This translates into close to 13,000 scams, as the email below will attest. (my calculation: 1074207 feedback received - 1061405 positive feedback received remains
12802 in negative). Reading the positive feedback, I also read that there are dissatisfied "positive" feedback as well.

If this business has stolen even $20.00 from the total of everyone dissatisfied, this represents over $250,000. I lost more than $20. NB, to those interested, the biggest cost levied by this company is shipping (which may be gauging but does NOT form my complaint). However, when a product is not shipped, this cost of shipping to buyers amounts to THEFT. Total amounts are not provided by eBay and must be calculated on individual sales.

Demonstratable Scams include: THEFT, BAIT & SWITCH, FRAUD, MISREPRESENTATION of the condition of goods for sale, and delivery of goods substituted for those sold.

As another reporter here states: this may seem like very small money but the nickles and dimes pile up. The FBI Internet Fraud Squad is not interested or is eBay in these petty crimes. As you will read, this is the exact strategy Marie Sense of JayandMarie.Com use to her advantage.

Got a website? There is nothing libelous about posting facts on The Internet. And if someone you like is shopping on eBay - WARN THEM ABOUT JAY&MARIE.

I have the printed copies of all email you are about to read. I start with the first email and end with the most recent. I have cleaned up only the email stuff (i.e.>>>) that does not obstruct the accurate understanding of what is written. The emails are true and its contents fully disclosed. NB. The time difference between PST and CET is +9 hours.

Here is your RIP-Off REPORT
Marie's CDs And Online Auctions
38 E. Montecito Avenue #5
Sierra Madre, CA 91024
phone: (626) 355-0411

DETAILS:
Jay Senese, owner: jay(at)jayandmarie(dot)com
Marie Senese, owner: marie(at)jayandmarie(dot)com
Teri Buchanan, marketing: teri(at)jayandmarie(dot)com
Lee Senese, sales manager: lee(at)jayandmarie(dot)com

======= EMAIL SEPARATOR =======

TO:
FROM:
DATE: 2006/05/22 7:33:26
SUBJECT: Please Respond - Order Incomplete


Hello Marie,

I received the items themselves, thank you, but I am awaiting their boxes. I paid for these in my $231.72 payment (which included $88.00 in postage, shipping & handling fees and charges).

When can I expect my DVD & CD boxes to arrive?

Thanks.

Richard

=======

TO:
FROM: OneCentCDs@aol.com
DATE: 2006/05/21 20:13:48
SUBJECT: Re: Please Respond - Order Incomplete

In a message dated 5/21/2006 10:33:48 PM Pacific Standard Time, richard.whipple@vp.pl writes:

I received the items themselves, thank you, but I am awaiting their boxes. I paid for these in my $231.72 payment (which included $88.00 in postage, shipping &handling fees and charges).

When can I expect my DVD &CD boxes to arrive?

Thanks.
Richard


What have you received?? Marie

=======

TO:
FROM:
DATE: 2006/05/23 20:45:34
SUBJECT: Re: Re: Please Respond - Order Incomplete

Hi Marie.

Attached is the document that was sent with my payment of $231.72 USD. I have also added the invoice that was generated from your checkout which indicates a total of $211.42 for everything (including casings).

I initiated payment before the checkout invoice was generated because I wanted to get the money to you. (The checkout invoice is confusing: presenting a lower price for the same 23 items in the same condition as I purchased.) I was called away on business before the order had completed. When I returned, during the Easter Holiday/Polish Independence Day holiday, I went through the checkout after payment was initiated.

You will clearly see I paid for the cases for all 23 items. I received the fillings packed loose in ziploc bags but I did NOT receive the casings. I would like to have those.

Thanks.

Richard
ps. I can attach an official bank copy of the money order that was sent if you require this, clearly indicating the amount of $231.72 drawn up in your name.

=======

TO:
FROM:
DATE: 2006/05/23 14:32:03
SUBJECT: Re: Please Respond - Order Incomplete

In a message dated 5/23/2006 11:47:22 AM Pacific Standard Time, richard.whipple@vp.pl writes:

I received the items themselves, thank you, but I am awaiting their boxes.
I paid for these in my $231.72 payment (which included $88.00 in postage,
shipping &handling fees and charges).

When can I expect my DVD &CD boxes to arrive?

Thanks.
Richard

I do not know what you mean by boxes. What are your item numbers?? Marie

=======

TO:
FROM:
DATE: 2006/05/24 10:20:59
SUBJECT: Re: Please Respond - Order Incomplete


PLEASE SEE WORD FILE ATTACHMENT

Richard

Below is a cut and paste of the word file, in the event that attachments cannot be openned.

[THE ATTACHMENT INDICATED ALL FACTUAL INFORMATION CONCERNING THE ORDER, plus the following letter.]

10 April 2006

JAY & MARIE
Jay & Marie Senese
P. O. Box 516
Sierra Madre, CA 91025
United States

Hello.

This letter and its enclosure should satisfactorily complete my commitment to you for the purchase of the item(s) listed below.

I would appreciate if you would leave me positive feedback on eBay so I will know you received this letter and payment ? unless there is a problem.

If there is any problem ? either with the payment or the product ? please contact me. In the event of an overpayment, please DO NOT send me a CHEQUE. I cannot cash any cheque in Poland. Please contact me and I can provide the name of someone with a bank account who can accept a cheque on my behalf or simply send cash within the shipment.

Thank you,


Richard

=======

TO:
FROM:
DATE: 2006/05/25 7:52:02
SUBJECT: Re: Please Respond - Order Incomplete

Richard, do you want us to mail you the empty boxes now or do you want me to refund the amount you overpaid on the shipping instead?

thanks marie

=======

TO:
FROM:
DATE: 2006/05/25 20:57:50
SUBJECT: Refund on Order Incomplete

Hi Marie,

This is good news. I have replaced the boxes for the other items - both CDs and DVDs - but I have a serious problem with two items: Caddyshack (item 9117478689) and The Corruptor (Item 9119268019). The plastic storage "boxes" for these two were attached to the tough cardboard wrapper (the wrapper is part of the box). The black plastic part, which holds the DVD, was separated from the item. The "box wrapper" cannot be put into a typical DVD storage box because it is too big, bulky.

The bottomline is that I need these two boxes, please. The others I have already replaced.

How much of a refund will you send to me? Can you send me an eBay gift certificate?

Also, I noticed the difference between our two itemized invoices amounts to $20.30. Your invoice (for $211.42) and my tabulation (for $231.72) both include shipping all the items with the cases. I paid the higher price. So my separate question is: What will you do about the difference between what I paid you and in what your invoice asks from me?

Regards,
Richard

=======

TO:
FROM:
DATE: 2006/05/25 14:12:45
SUBJECT: Re: Refund on Order Incomplete


We need to know what your question is, I am very confused. Please let us know what the problem. Marie

=======

TO:
FROM:
DATE: 2006/05/26 7:20:28
SUBJECT: Re: Re: Refund on Order Incomplete

1- I need the two storage boxes for Caddyshack (item 9117478689 ) &The Corruptor (item 9119268019).

2- I would like a refund for the 2 other storage boxes (jewelcases) that I paid for and which were not shipped. (15 DVDs missing jewelcases = refund of $30.00 + 5 CDs missing jewelcases = refund of $10.00. Total $40.00)

3 - I also made an overpayment of $20.30. I would like this amount refunded as well.


I am asking for a two jewelcases to match two items. And for a refund of $60.30.


I would appreciate a refund as a paypal gift certificate. I cannot accept cheques because Polish banks do not recognise them.


Thanks,

Richard

=======

TO:
FROM:
DATE: 2006/05/31 13:30:11
SUBJECT: re: order incomplete

Richard,

We have looked at your order and we do not owe you any money for cases. You chose to have your cds and dvds to be without cases. We have already given you a credit of $45.00 in your last order.

=======

TO:
FROM:
DATE: 2006/06/02 18:48:23
SUBJECT: Re: re: order incomplete

Marie,

Your email below is the first notice I have about the $45.00 credit. I would like to accept this credit. Would you be so kind to credit me through eBay's PayPal, please? eBay.pl will allow me to use Paypal credit.

Also, I have attached the itemized bills (mine, indicating the amounts I paid, and yours, indicating the shipping that includes the cases). Please review the invoice I have received from your check out, and note that I paid more than I was ultimately asked for the items that indicate they come with cases.

I await your advisement,
Richard


OneCentCDs@aol.com napisa?:
Richard,

We have looked at your order and we do not owe you any money for cases. You
chose to have your cds and dvds to be without cases. We have already given you
a credit of $45.00 in your last order.



=======

TO:
FROM:
DATE: 2006/06/05 10:53:56
SUBJECT: Re:

We do not open attachments, please email us one of the last item numbers for your last order, I can show you that you have already received the credit. Also look in your paypal account.

Marie

Your email below is the first notice I have about the $45.00 credit. I would like to accept this credit. Would you be so kind to credit me through eBay's PayPal, please? eBay.pl will allow me to use Paypal credit.

Also, I have attached the itemized bills (mine, indicating the amounts I paid, and yours, indicating the shipping that includes the cases). Please review the invoice I have received from your check out, and note that I paid more than I was ultimately asked for the items that indicate they come with cases.


I await your advisement,

Richard Whipple


OneCentCDs@aol.com napisa?:
Richard,

We have looked at your order and we do not owe you any money or cases. You
chose to have your cds and dvds to be without cases. We have already given you
a credit of $45.00 in your last order.


Richard,

We have looked at your order and we do not owe you any money for cases. You
chose to have your cds and dvds to be without cases. We have already given you
a credit of $45.00 in your last order.


=======

TO:
FROM:
DATE: 2006/06/06 5:48:33
SUBJECT: Refund on Incomplete Order Follow-up

Here are the two itemized invoices, embedded into this email.

The first invoice, the one I prepared and sent out with my order's payment, indicates the amount I paid by money order, $231.72, and itemizes everything.

The second invoice, the one your system generated at the time of checkout, asks for $211.42. It, too, indicates that shipping costs include items with cases.

Also, I do not have a Paypal account so you are mistaken about giving me credit.

I am asking for a refund totaling $64.30 because:

1 ? the amounts paid for storage boxes (jewelcases) that were not shipped total $44.00. (17 DVDs missing jewelcases = refund of $34.00 + 5 CDs missing jewelcases = refund of $10.00. Total is $44.00)
2 ? plus the overpayment I made of $20.30.

eBay.com advises me that I can accept a gift certificate from you as refund, which I can use for future purchases on eBay.pl. I do not require a Paypal account to use or receive eBay gift certificates. (Please contact eBay if you have questions about issuing eBay gift certificates.)

I await your advisement.
Richard

[THE ATTACHMENT INDICATED ALL FACTUAL INFORMATION CONCERNING THE ORDER, plus the following letter. It is an exact copy of what I had sent by email on 2006.05.24 at 10:20:59]


10 April 2006

JAY & MARIE
Jay & Marie Senese
P. O. Box 516
Sierra Madre, CA 91025
United States

Hello.

This letter and its enclosure should satisfactorily complete my commitment to you for the purchase of the item(s) listed below.

I would appreciate if you would leave me positive feedback on eBay so I will know you received this letter and payment ? unless there is a problem.

If there is any problem ? either with the payment or the product ? please contact me. In the event of an overpayment, please DO NOT send me a CHEQUE. I cannot cash any cheque in Poland. Please contact me and I can provide the name of someone with a bank account who can accept a cheque on my behalf or simply send cash within the shipment.

Thank you,


=======

TO:
FROM: "Mail Delivery Subsystem"
DATE: 2006/06/05 17:49:10
SUBJECT: Returned mail: User unknown


The original message was received at Mon, 5 Jun 2006 23:48:48 -0400 (EDT)
from smtp3k.poczta.onet.pl [213.180.130.37]


*** ATTENTION ***

Your e-mail is being returned to you because there was a problem with its
delivery. The address which was undeliverable is listed in the section
labeled: "----- The following addresses had permanent fatal errors -----".

The reason your mail is being returned to you is listed in the section
labeled: "----- Transcript of Session Follows -----".

The line beginning with " not be delivered. The next line contains a second error message which is a
general translation for other e-mail servers.

Please direct further questions regarding this message to your e-mail
administrator.

--AOL Postmaster

The following addresses had permanent fatal errors -----


----- Transcript of session follows -----
... while talking to air-xk03.mail.aol.com.:
>>> RCPT To:
550 ... User unknown


=======

TO: OneCentCDs@aol.com
CC:
FROM:
DATE: 2006/06/06 5:56:51
SUBJECT: Refund on Incomplete Order Follow-up - Please respond

[EXACT COPY OF MY LAST LETTER, RESENT AND CC'd]

=======

No reply from jay@jayandmarie.com

=======

TO:
FROM: "SquareTrade Customer Support"
DATE: 2006/06/12 22:58:39
SUBJECT: Thank You for Filing

AUTOMATIC NOTIFICATION: DO NOT REPLY TO THIS EMAIL**

eBay Item Number: 9117478689
SquareTrade Case ID: 767504463

Hello Mr. Whipple,

Thank you for contacting SquareTrade about your recent experience with the other party in your case. We've notified the other party of your issues and have asked for a response.

What happens next with my case?

We will send you a status email in 4 days or will notify you sooner if the other party responds.

What if I resolved the problem?
If you have resolved the problem, please close the case.

What happens if the other party doesn't respond?

SquareTrade repeatedly tries to encourage the other party to respond to a case, but we cannot guarantee participation, since the process is completely voluntary. If the respondent does not reply within two weeks from when the case was initially filed, it is unlikely that you will receive a response and we will close the case. If we hear from the other party after the case closes, we will reopen the case and notify you.

Thanks again for entrusting your situation to SquareTrade.

Sincerely,

SquareTrade Customer Support

Please do not respond to this email with information regarding your case, as it can only be processed through the SquareTrade website. If you have other questions, please contact us .

=======

Nothing further from SquareTrade

=======

I begin to leave negatives on eBay's feedback for JayAndMarie. I am being conned.

=======

TO:
FROM: "CSME"
DATE: 2006/06/29 4:09:06
SUBJECT: RE: RE: Your recent email to Matt Bannick

Hello,

Good to hear from you again. I would be happy to be of further assistance to you.

I am very sorry to hear of the difficulties you have encountered with a seller on eBay. Normally I would encourage you to open an Item Not Received or Significantly Not as Described dispute. However, since the listing in question ended more than 60 days ago this is no longer an option. Do keep in mind all fraud related disputes must be filed at least 10 days -- but no more than 60 days -- after the listing ends.

If the seller does not provide you with a refund within the next coupe of weeks, you can still take several actions to resolve the issue:

- Continue communicating directly with the seller.
- Report the transaction to your bank or credit card company.
- File a report with the Internet Fraud Complaint Center.

To file an Internet fraud report, go to:

http://www.ic3.gov

- File mail fraud charges with the U.S. Postal Inspection Service.

To file a mail fraud report, go to:

http://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm

- Report the Transaction to Law Enforcement.

To locate the law enforcement agency nearest you, go to:

http://www.usacops.com

For more information on these buyer protection steps, go to:
http://pages.ebay.com/help/tp/isgw-buyer-protection-steps.html

Thank you for being a member of the eBay community.


Regards,

David Smith
Office of the President.
eBay Inc.
=======

TO: CSME
FROM:
DATE: 2006/07/26 16:16:59
SUBJECT: Your recent email to Matt Bannick/Court


Hello David Smith;

As I suspected, the problem I have with the seller is a civil one and requires a civil action be filed in a California court of law. The seller claims to have paid to me through Paypal, but I do not, or have ever had, a Paypal account. This is where the seller ended communications and blocked my polite email, without demonstrating proof of said refund payment.

I can request that any and all document(s) and/or a clearly-worded official statement from eBay/Paypal be sent to me, attesting to the fact that I do not currently have and have never had a paypal account. This document I can make available to the seller and I will certainly forward to the proper authority in Los Angeles.

David, I very much wish to settle this matter in as low-key a fashion as possible but I will need your help. I filed with "Square Trade" for arbitration on 13 June but have had NO RESPONSE as to progess to date. I have kept all written correspondence and have communicated in clear and concise English (ie. short eMail). The seller has agreed to the refund and my claims in fact - they have not acted upon their own written decision.

If your office is to do something to keep the issue low-key, I am willing to take a partial refund at this point (and not go through the hassel/expense of court - and expedite my own selling on eBay.pl). I would appreciate any assistance from your office on this matter, otherwise I see no other way but to proceed asserting more pressure to encourage the seller on this matter.

Please advise.

Sincerely,
Richard Whipple

=======

Stonewalled my story ends. I have been worn out. The bad guys got my money. I end up on ripoffreport.com.

Got a website? There is nothing libelous about posting facts on The Internet.

Richard
Warsaw
Poland

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