eBay problem - missing item turns up for auction

[The Truth]

Interesting scenario happened a few days ago. Here is the link for the original auction I won:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=200114941543
Pierce Hot Prospects numbered 34/50, from a seller in Bennettsville, SC, USA.

This auction popped up:
http://cgi.ebay.com/2006-07-HOT-PROSPECTS-PAUL-PIERCE-RED-HOT-INSERT-34-50_W0QQitemZ320146709530QQihZ011QQcategoryZ149917QQssPageNameZWDVWQQrdZ1QQcmdZViewItem
The exact same card, the card I won and never received, in other words, my property, right?
This seller is from SC, USA as well!
His response to my email asking for an explanation:
Hello, I am very sorry, I have had a couple of other emails stating the same thing. I bought a lot of cards at a flea market in Columbia, SC. I had no idea that someone had sold these cards on Ebay and not sent them out. I do not have another Ebay name, I certainly would not be risking 8 years of good business on Ebay for some of the cards I have been contacted about. Most are in the 2-10 dollar range, and a quick scan of my feedback would show that I deal with a lot of cards that sell for 10 times this amount.
>That being said, I have paid for these cards, so I think I am entitled to be able to sell them. If you paid the other person using Paypal, then you can file a claim and get your money back. If you paid by cash, money order, or some other means, I can't say. I am sorry this happened, I certainly am no fan of answering a bunch of questions about these cards. But, I don't know what to do about it.

I replied stating that he get back to me with some idea because he was in possesion of stolen property. eBay only told me to see my local authorities, I'm currently in Canada though, so what would I do about that???
He still hasn't got back to me, any suggestions would be great.

 

[mattyj]

contact the police in his state (south carolina?) and explain the situation to them, and get them to have a talk to him...

He may not have done anything wrong to begin with, but he is knowingly selling stolen property and this is a crime

 

[The Truth]

I checked the names and emails and they are both different between the 2, so I think he is legit with that excuse. The original seller is no longer a registered user. So it does seem to point in the direction he is legit. But as you say, he is selling stolen property, I sent another email to him in the hope he realises that and will do something for himself.

 

[nandalinnaung]

that really sucks to learn...

so, the first seller didn't really send u and sell it at the flea market later...

i really hate when people are not honest on ebay..

 

[Lynn's Sports Cards]

Good Day:
Being a regular Ebay seller (lynn_lilla), I can understand your frustration. I hope you paid via Paypal, and I hope it was recently. You should be opening up a query with the Paypal resolution center, asking for a refund. Along with your write-up should go the documentation proving that the same item or items are now being resold by another Ebay seller.

Scub-bags like that need some hard lessons taught to them!!

Regards,
Lynn

 

[Ersk]

Well.............here's my take on this.

You bought the card from a dodgy seller who has probably once owned the card and has since sold it on. And is now trying to rip you off. Check his FB and his rating.........all very poor.

The other guys trying to sell it now, has probably bought the card and probably not as stolen property. He certainly has not stolen the card from you. The first guy just tried to sell something that wasn't his in the first place.

What ever it is, do not pay and leave it be. Maybe bid for the item with the new person trying to sell the item.

Also if you have paid and with Paypal, just make a claim, and because he is no longer registered, they usually refund the money immediately (if he has the cash in there).

 

[WoobieZarz]

I'm with Ersk on this one.

I don't think the cards are stolen property, they just stole your money initially, as you never received the card.

 

[The Truth]

Technically, I own the card though, that's what I thought. I'll check it out with the Toronto police maybe? See what they say.

 

[owen21]

My take is the dodgy original seller just sued the image to take you money.....card may never have been in the sellers hands...

I have had this happen with images from my autograph site

 

[clarkescards]

Man. that sucks. I tend to agree with others above. Here's my take -

1) Bid on the new item and hope to win this item

2) If you haven't paid for your original win, then don't (not that you are able to finalise a transaction with NARU)

If you have paid, then file a Paypal claim to claim back the money, as you have the evidence of the 2 auctions, plus replies from the new seller, who on the surface seems legit.

That would seem the best way to go about it.