Fraud or not? What action should be taken?

[Marius]

Dear All,

 

I have purchased a sword for $1,000 from a certain eBay seller (I will not disclose his identity before I have more facts). He has informed me that my package was lost and that:

 

"it seems that the New Japan Post is not going to Honor

any prior claims dated before October 1st 2007 . They have

plainly said they are not going to payout on the insurance to us

over the Telephone"

 

and

 

"EMS Japan no longer exists :

New Japan Post is a `` Privately `` run company from the 1/10/2007 .

They have stated clearly via a telephone conversation they will not honor prior or Future insurance claims

on samurai swords tanto naginata , any antique samurai blade sent via ems"

 

I am sure quite a few of the board members here will recognise this rather uniqe style of writing.

 

What do you think of that and what action should I take?

 

Best regards

[Martin]

Hi Mariusz,

 

sorry to hear that.

At least the EMS web-page still is online ( http://www.post.japanpost.jp/int/ems/index_en.html )... and there is nothing written about any changes in service.

 

hope this turns out good for you,

[Marius]

sorry to hear that.

At least the EMS web-page still is online ( http://www.post.japanpost.jp/int/ems/index_en.html )... and there is nothing written about any changed of service.

 

Well, thanks, but I have never got any tracking number from this seller, which makes me suspicious.

 

regards

[John A Stuart]

Hi Mariusz, I am tracking a package sent EMS from Japan right now, so EMS must still exist. I have another from Hawaii tracking EMS too. Weird. John

[Brian]

Tell him you require the EMS tracking number (which he must have from when he sent it) so that you can make your enquiries from your side.

Also..if you bought it from eBay, then you have cover there (paid with paypal?)

Look at that option, or open an eBay and Paypal dispute, and make life as hard for him as you can.

 

Brian

[Thierry BERNARD]

"EMS Japan no longer exists :

New Japan Post is a `` Privately `` run company from the 1/10/2007 .

 

even if it is true your seller must have a tracking number for the shipment , if he can't give it to you i am afraid that it is a fraud

[Marius]

Tell him you require the EMS tracking number (which he must have from when he sent it) so that you can make your enquiries from your side.

Also..if you bought it from eBay, then you have cover there (paid with paypal?)

Look at that option, or open an eBay and Paypal dispute, and make life as hard for him as you can.

 

Brian

 

Too late for that, more than 60 days have passed. And I have paid by wire transfer.

 

Regards

[Martin]

oh sh*t

Did you tell him to insure the item and did you pay for that?

You could ask EMS if his statements are correct and if nothing else helps you should consider to take legal action.

 

best of luck,

[AndreasU]

Simply a lie!

 

It is true that EMS is now privatized but even so, this does not effect the insurance that is given form EMS. You can read the conditions here:

http://www.post.japanpost.jp/int/ems/se ... ge_en.html

 

There is no exclusion of nihonto mentioned there. So even if all of this is true, I am sure thatthe seller claimed to collect the insurance fee from youu. In that case it is his risk that the money extra spended will be used to cover a loss.

 

I am sure he is rippin you!

 

Ask for the tracking #.

[sencho]

Fancy telling us who it is yet Mariusz?? :D

[Bungo]

never pay with wire transfer, western union.

If they don't take pay-pal, then walk away from the deal ( unless you know the seller personally ).

Just my experience with bargain hunting on e-bay

milt the flying ronin

[AndreasU]

shall we bet :lol:

[pcfarrar]

If you send a sword via EMS in the UK it is not possible to insure them, so I would expect it is exactly the same in Japan. It has been this way for as long as I can remember. Any money spent purchasing additional insurance is wasted.

 

You generally require 3rd party insurance for antiques/collectables. Companies like Aoi Art etc. usually have a seperate insurance policy to cover loss in transit.

[Brian]

I think that even without insurance, EMS items come with a small amount of guaranteed value if it gets lost. I would expect if this was just lost, then EMS would not just say tough luck.

You really need to push this issue as far as you can. I know I would not just write off $1000.

Btw...having some knowledge of this issue via pm, I think with the facts presented here, it is fair to be able to say who the seller is. However this would probably negate any chance of you getting any money back from him, so I will leave it up to you whether or not you want to name him here now or not.

It is not any of the sellers that any of us frequently enjoy dealing with.

 

Brian

[sencho]

That valuable book of oshigata that I found in Japan the other month, I got my wife to send back to our USA house by EMS. She was able to fully insure the book for a value of over $3,000, directly thru EMS.

 

Maybe swords and books are different however.... but value is value in my mind...

 

The book arrived in the US in less than 4 days. This was in September 07.

 

Cheers

[Marius]

Fancy telling us who it is yet Mariusz?? :D

 

Yes, but not before I am 100% sure that I am dealing with fraud (for the time being I am only 99% sure

 

Best regards