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Old 09.11.2006, 18:30
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Possible actions against Ricardo cheater?

When I arrived here in Switzerland I noticed Ebay.ch seems hardly used, so I started using Ricardo, thinking if the Swiss put their faith in it on such a large scale, it must be reasonable.

Now I have been shafted by someone who has not send the goods, and he refuses to answer my emails.

I have looked into Ricardo's help section, but they claim it is between me and him only. This seems even worse than Paypal, as paypal at least protects the buyer (much to the chaigrin of honest sellers I know, and rightly so).

Has anyone here been through this before? Ricardo talks about an insurance, but I have not understood the German well enough to understand whether I should have asked for insurance before buying. I don't think so though, it seems I have to submit a form with accompanying evidence. But if Ricardo has an insurance for this, it seems to be it is a great way to scam, as the seller does not have to pay anything!

I might call them, but at 1 chf per minute I was hoping maybe if someone here had to go through the same we might all learn from it

Anyway, look at this, it would be consistent with Ricardo taking onboard the costs of a scam transaction:

9. Salvatorische Klausel


ricardo.ch ist nicht verpflichtet, seine Mitglieder auf die Möglichkeit der Versicherung hinzuweisen.




http://swiss.ricardo.ch/pages/versic...kaeufer/de.asp

2. Welche Fälle werden abgedeckt?


Die folgenden Fälle werden durch die Versicherung abgedeckt:

  • Der Verkäufer hat Ihnen den Artikel nicht geliefert, obwohl Sie den Preis nachweislich und im Voraus bezahlt haben.
4. Was sind die Voraussetzungen?

Es sind alle Käufer durch unsere Versicherung abgedeckt, wenn die folgenden Voraussetzungen erfüllt ist:

  • Das Angebot entspricht den Allgemeinen Geschäftsbedingungen von ricardo.ch AG und das Produkt wurde auf ricardo.ch gekauft.
5. Kosten und Selbstbehalt der Versicherung?


Der Versicherungsschutz von ricardo.ch kommt automatisch bei jeder Transaktion, die über ricardo.ch abgewickelt wird und den Allgemeinen Geschäftsbedingungen von ricardo.ch entspricht, zum Tragen.

Die Versicherung ist kostenlos für alle Mitglieder von ricardo.ch. Bei einem Schadenfall beträgt der Selbstbehalt min. CHF 10.- oder 10% der Schadensumme; max. CHF 25.-.

Last edited by muze7; 09.11.2006 at 18:41.
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Old 09.11.2006, 18:53
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Re: Possible actions against Ricardo cheater?

what's his location?
what did you try to buy?
what's his ID?
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Old 09.11.2006, 22:20
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Re: Possible actions against Ricardo cheater?

Quote:
When I arrived here in Switzerland I noticed Ebay.ch seems hardly used, so I started using Ricardo, thinking if the Swiss put their faith in it on such a large scale, it must be reasonable.

Now I have been shafted by someone who has not send the goods, and he refuses to answer my emails.

I have looked into Ricardo's help section, but they claim it is between me and him only. This seems even worse than Paypal, as paypal at least protects the buyer (much to the chaigrin of honest sellers I know, and rightly so).

Has anyone here been through this before? Ricardo talks about an insurance, but I have not understood the German well enough to understand whether I should have asked for insurance before buying. I don't think so though, it seems I have to submit a form with accompanying evidence. But if Ricardo has an insurance for this, it seems to be it is a great way to scam, as the seller does not have to pay anything!

I might call them, but at 1 chf per minute I was hoping maybe if someone here had to go through the same we might all learn from it

Anyway, look at this, it would be consistent with Ricardo taking onboard the costs of a scam transaction:

9. Salvatorische Klausel


ricardo.ch ist nicht verpflichtet, seine Mitglieder auf die Möglichkeit der Versicherung hinzuweisen.




http://swiss.ricardo.ch/pages/versic...kaeufer/de.asp

2. Welche Fälle werden abgedeckt?


Die folgenden Fälle werden durch die Versicherung abgedeckt:

  • Der Verkäufer hat Ihnen den Artikel nicht geliefert, obwohl Sie den Preis nachweislich und im Voraus bezahlt haben.
4. Was sind die Voraussetzungen?

Es sind alle Käufer durch unsere Versicherung abgedeckt, wenn die folgenden Voraussetzungen erfüllt ist:

  • Das Angebot entspricht den Allgemeinen Geschäftsbedingungen von ricardo.ch AG und das Produkt wurde auf ricardo.ch gekauft.
5. Kosten und Selbstbehalt der Versicherung?


Der Versicherungsschutz von ricardo.ch kommt automatisch bei jeder Transaktion, die über ricardo.ch abgewickelt wird und den Allgemeinen Geschäftsbedingungen von ricardo.ch entspricht, zum Tragen.

Die Versicherung ist kostenlos für alle Mitglieder von ricardo.ch. Bei einem Schadenfall beträgt der Selbstbehalt min. CHF 10.- oder 10% der Schadensumme; max. CHF 25.-.
Generally in Switzerland you are reasonably protected under law. What you can do is send them a reminder and then a final reminder which references opening a Betreibung against them. Then do exactly that. They will then need to defend the Betreibung or you will be able to gain a court order against them for the outstanding sum which in this case is the amount of money you have sent them plus postage plus a reasonable amount of value for the time and effort plus interest.

Having a Betreibung against your name is not something to be taken lightly so given this they will respond.

This is not the case if the person advertising their goods lives outside of Switzerland in which case you need to be very careful...
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Old 10.11.2006, 02:47
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Re: Possible actions against Ricardo cheater?

That is great, I had not realized I can organize a Betreibung as an ordinary person myself against someone else . I will look into the insurance from Ricardo, see if I am covered and if not, I will organize the Betreibung. If it should come to that, which organisation do I contact, the local gemeinde .
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Old 10.11.2006, 07:13
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Re: Possible actions against Ricardo cheater?

The only thing Ricardo can do, if you file a complaint with them, is to ban (or other punishment related to use of the Ricardo system) the person who hasn't delivered the goods. Same with Ebay.
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Old 11.11.2006, 01:05
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Re: Possible actions against Ricardo cheater?

Quote:
That is great, I had not realized I can organize a Betreibung as an ordinary person myself against someone else . I will look into the insurance from Ricardo, see if I am covered and if not, I will organize the Betreibung. If it should come to that, which organisation do I contact, the local gemeinde .
You got the jackass by the tail when you start your prosecution (Berteibung) AND can prove payment, then it is up to the seller to prove delivery.

Been there, done it, got several t-shirts (and lost lots of cash). Best bet, forget ricardo. They won't raise a finger unless it is against them directly. Visit your city hall and talk directly to the Betreibungsamt. They are the specialists and will have the accurate answers your questions.

Follow through, don't wait too long. If you are in the right, then they will help you. If you wait too long, then... sorry Charley!

Remember though, it will cost you. To file at the city hall that the person lives, you will have to pay anything from CHF 30..- to 105.- depending on that city. Then, once you pay and they other party is presented with the bill (to get your money back), and they don't pay (or can't pay), you will be billed again for the debenture (Schuldschein).

Basically, if the other party has nothing to pay you back with, then you are out... your loss. Again, got a couple of those Schuldscheine myself. That is why I am much more careful these days.....

That is also why I have an Collection Agency that also offers Credit Check on businesses and individuals. I have spent a couple hundred on this service, but have saved thousands already. If the credit check shows that this person has payment problems already, then I as for prepayment... no questions asked.

The same agency is currently working on two non-paying individuals at the moment, one of which in CH. He quit making his payments to me, ignored my attempts to contact him. Then when the agency contacted him, he struck a deal to pay monthly with the agency... and never made the first payment, ignored the agency's attempt to contact him, now the agency is following through with the Betreibung. Cheaper for me! Poor guy, when they are finished with him, he will wish he had paid me directly At the moment he is paying alone over CHF 1000.- in late fees, administrative costs and interest... and it's not over yet. tsk, tsk.

Sorry, got a little sidetracked. Oh... the war stories I could tell

Good luck muze7, if you need any assistance, don't hesitate to contact me direct.
Scott
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