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Stephen Cherry
12-12-2010, 10:59 AM
Last week I bid, and won an auction for some hardwood in North Carolina:

All Hardwoods: 153P 2x6x16 Cherry, 52P Misc Sized Brazilian Cherry, 42P Misc Cypress, 42P Sapele 5/4 Rough
Hammer price: 1,050.00 (1,050.00 each) USD
Image Link (Active 30 days)

Attatched is one of the pictures from the lot, there were several other pictures showing the extent of the lot.

I paid for the wood on the day immediately following the auction, and have a paid invoice marked paid in full.

I live in Maryland, so I needed to rent a box truck, take a day off work, and drive 6 hours to pick up my wood.

I get there and a kid who looks to be about 20 years old is running the site. I told him that I was there to pick up my wood, and showed him the paid invoice. He told me that someone had picked up my wood for me and paid with a check.

At this time that was my wood, and I had not authorized anyone to pick up this wood, or given any permission for anyone to release it to another individual. I asked him the name of the person who had picked up the wood, and he would not tell me. I asked him where the check was so that I could see the name, and he stated that it was in the hotel. I later saw a check in his notebook that appeared to be for same amount as my wood. At my seeing this, he became angry with me. When I stated that we need to call the police because someone had fraudulently taken my lumber, he insisted that that was not necessary.

He later stated that a two stacks of softwood were my lots. As stated in the description, and in the photograph, my lot was all hardwood. The lot pictured in the photograph is not what he had showed me.

He then stated that I should look around, and maybe there would be something else that I would want. At that time I left, and, due to the inconsistent explanations causing me to suspect improper activity, I filed a report with the local sheriffs department to investigate this matter. Given the hammer price of this lumber, as compared to the potential retail price, this lumber presented strong incentive for theft or fraud.

I've always been under the impression that auctions were the place to demonstrate integrity. When the hammer falls, the high bidder pays and it's his (or hers). The only thing I can think of is that there was some personal inducement involved. I think that the punk that they had running the site got a better offer.

Monday I'll be checking back with the local sherrifs department, I think that they could recover my wood, and during my lunch break, I'll stop by the FBI field office. It's just around the corner from where I work, and maybe I can interest them in the case due to the multi state nature of it. Fundamentally, I think the little ____ was involved in the theft of my lumber.

What a nightmare.

Carpenter Mark
12-12-2010, 12:39 PM
No question, you were robbed- whether by the kid, the auction company or whoever picked up the wood(maybe all three) doesn't matter- theft is theft.
I've run into a couple of shady auctions myself; last one was a shop that went into recievership and the auction co. let them buy back most of their stuff for pennies on the dollar and the creditors got sc****d.
DON'T GIVE UP! It may take some time but you should not only get your money/lumber back, you should be compensated for your time and the auction co. should be fined.

Russell Sansom
12-12-2010, 12:45 PM
Small Claims court! I'm not sure how state specific they are, but here in California there can be a 2X or 3X penalty. In our small claims court people are not allowed to bring lawyers, so it's usually just the filing fee and the time involved.

Jack Pinkham
12-12-2010, 1:03 PM
Threaten to file a complaint with the North Carolina Auctioneer Licensing Board:
http://www.ncalb.org/forms_complaint.cfm

Follow through if you get no satisfaction.

Mike Heidrick
12-12-2010, 1:06 PM
Man that is horrible. Sorry for your issue. I hope it works out. After its all settled find a Sawmill with a sawyer you can become friends and business asscoiates with and buy your lumber from someone you know and trust. You will be happy and he will appreciate your business. My sawyer is Lavern I met on woodnet and routinely drive to his palce a few times a year. He takes GOOD care of his cutomers, guarentees his wood is what is advertised, and he always makes sure I am happy with my wood lots - his word is worth more to him than the $ I spend there. He in turn is very happy with the money I bring his way. This relationship WORKS VERY WELL. You may pay more but no FBI will be needed LOL.

Craig Michael
12-12-2010, 1:17 PM
At a minimum, get the police and if you can the fed's involved to get your money back and if you can some money for your expenses. Most people that are scammers like this seems to indicate will want to keep the police out of it and they'll want to do what is necessary for you to go away.

One thing that is strange to me is that the place accepted a personal check. Why not cash? That would be an indicator to me that something is going on here. They either checked id's and the evidence trail for you will be very clear or the kid personally knows the person who took your wood. Where he was agitated by you and your questions. I think he sold it to a buddy and now he's in a jam.

John Coloccia
12-12-2010, 1:23 PM
Threaten to file a complaint with the North Carolina Auctioneer Licensing Board:
http://www.ncalb.org/forms_complaint.cfm

Follow through if you get no satisfaction.

Don't threaten. Do it. And local police, and feds. Was there any mailing involved? If so, then get postal inspectors involved. You think the KGB is nasty? Postal inspectors are the worst. They'll have him BEGGING you to please just take the wood for free and make it go away.

And then sue him. Drop the hammer yourself so he doesn't do this to anyone else.

Mark Bolton
12-12-2010, 1:35 PM
Don't threaten. Do it.

I am with John, go for the jugular here. Things read differently but your post reads a little soft to me, I would be raising some holy heck. You clearly have all the documentation to file complaints in numerous places and absolutely have standing with all legal agencies. As John said, I would get anyone and everyone who was involved with the transaction, and has jurisdiction, involved. At this point just getting your money back is not going to cover it though I can imagine you would be happy to. You have the days pay, the truck, the fuel, and so on.

The auctioneer allowing this kinda stuff is so low it deserves to be swiftly punished.

We have bought a bit at auctions and some of them unnerve me a bit as your stuff often gets grouped somewhere as your buying during the auction for later pickup. I have been to a few where there is little to no verification of who is picking up what and out of who's pile, and so on. While I have never gotten stuck I have often felt like its just a matter of time.

Mark

Ted Wong
12-12-2010, 1:42 PM
Don't threaten. Do it. And local police, and feds. Was there any mailing involved? If so, then get postal inspectors involved. You think the KGB is nasty? Postal inspectors are the worst. They'll have him BEGGING you to please just take the wood for free and make it go away.

And then sue him. Drop the hammer yourself so he doesn't do this to anyone else.

Scumbags. If and when this comes to litigation be sure to include all your associated expenses, including time on the internet bidding.

Jack Pinkham
12-12-2010, 2:13 PM
Don't threaten. Do it.

Sometimes a threat is more effective than the action. There is an incentive for the auctioneer to act rapidly to prevent a complaint. Once the complaint is filled the investigation can take months according to the website.

The auctioneer may be required by the state to have a surety bond. This might be an avenue to explore.

Dave MacArthur
12-12-2010, 2:21 PM
Terrible to hear the story, I hope you get satisfaction.
This does highlight the old rule of business, "Caveat Emptor"-- let the buyer beware!
This is a cautionary tale that perhaps it's best not to do business with non-local, unknown people, sight unseen, and pay before receiving goods. No offense intended, and I commend you for being a trusting person which is not a fault... but short of sending money to a Princess in Ghana to secure her release from a tower, I can't think of anything one might do to make it easier for the unscrupulous to take advantage of your good nature.

Sorry for your loss, hope it comes out ok for you!

Stephen Cherry
12-12-2010, 6:50 PM
Thanks everybody for great advice.

Andrew Nemeth
12-13-2010, 9:27 PM
Would you mind posting or PMing me the name of the auction company? I respect you for attempting to resolve your case before tarnishing the image of a company, but... I was considering bidding on some lots of lumber from a particular online auction company.

Thanks, Andrew

Mike Cruz
12-13-2010, 10:41 PM
Let's make this a class action suit, Steven. What about that 200 bf of Cherry you promised me? You have an obligation to others. Now, I too, am out. I passed up on another lot that I could have gotten when I decided to take some of yours off you hands. Now I have to find another vendor, spend more time researching, and pay a LOT more! Not to mention, my project is going to fall behind schedule. That will get ME in hot water. I say the we all (all those who were supposed to get some of this wood) join in the suit, so we can all get compensated for our loss.

Steven, this REALLY sucks. I mean REALLY! I knew I should have gone down with you. I would have had my lawyer on the phone. She's on speed dial!