Complaint Review: MARK LEVINE Dba NEXTBABYPRODUCTS.COM - Westlake Village California

Mark Philip Levine, ebay userid mlevine8aau, entered into a legally binding contract with me, userid cosmostoys.com, on July 18, 2005 when he bid $1975.00 on a desk at ebay, see ebay item number 7529808635. He sent his personal check number 639 in the amount of $1975.00 on 07/30/05 and asked that I hold it until his "multi-million dollar publicly traded company", NEXTBABYPRODUCTS.COM sent a company check in the same amount. Of course, no such check was forthcoming, so in the meantime I filed a non-paying bidder alert with ebay and the following is a transcript of that dispute:

eBay Aug-18-05 at 06:30:11 PDT

An Unpaid Item dispute has been opened for the following item: HERMAN MILLER RARE 10 FT. Executive Desk BURDICK GROUP (#7529808635)





Reason given for Unpaid Item: The buyer has not paid for the item. Buyer actions reported by seller: The buyer has refused to pay.

mlevine8aau Aug-22-05 at 16:09:25 PDT

Dan - I left instructions for my office to send the check directly to you while I'm overseas. Please

continue to hold my personal check in the meantime. I'll follow up and get back to you ASAP.

Regards

Mark

310.505.6024

cosmostoys.com Aug-23-05 at 11:52:26 PDT

It has now been over 30 days, and I honestly feel if the payment had been mailed, it would have been here by now. Please advise when it was sent.

mlevine8aau Aug-23-05 at 13:26:33 PDT

Dan - It was not sent immediately due to the red tape in my company, (public company) however I will

check when it was sent and get back to you ASAP. I apologize for the inconvenience I have caused.

Regards Mark

cosmostoys.com Aug-23-05 at 17:22:13 PDT

Simply provide the date the check from your (public company) was mailed.

mlevine8aau Aug-23-05 at 17:34:09 PDT

Dan - I was not trying to be facetious when I referred to the public company I was merely trying

to explain to you that there's a lot of red tape involved. I'm traveling at the moment. I'll get

the info and get back to you ASAP. Mark - 310.505.6024

cosmostoys.com Aug-23-05 at 18:14:58 PDT

Nor was I being facetious, I was merely addressing the fact that your payment is in serious arrears.

This should easily be resolved by a telephone call from you, while you're on the road, to your accounting department. Despite any lengthy red tape, they should be able to define when the check was cut and when it was mailed.

mlevine8aau Aug-23-05 at 20:14:06 PDT

Dan - It isn't that easy. HQ is in a different state.

I'll try to establish same and get back to

you ASAP.

cosmostoys.com Aug-23-05 at 20:20:09 PDT

Surely HQ has a telephone, if I can get phone calls from Iraq, you should be able to make a call into another State.

mlevine8aau Aug-23-05 at 20:28:48 PDT

Dan - I know that you can receive calls from Iraq and so can I. Please refrain from insulting my

intelligence. I run a multi million-dollar company and know that they have a telephone. I've recently

been acquired by them and don't really want to cause any problems seeing that they said it would be processed through the system. I have undertaken to look into the matter and will keep my word.

cosmostoys.com Sep-02-05 at 19:19:15 PDT

At this point I don't believe it's your intelligence that is in question, but rather your veracity.

If payment is not received by 09/09/05 the item will be relisted, appropriate feedback left and this

dispute closed as I do not intend to also lose my listing and final value fees.

mlevine8aau Sep-02-05 at 21:43:01 PDT I will make sure that it's paid by then.

cosmostoys.com Sep-08-05 at 16:13:49 PDT

With the 09/09/05 deadline at hand, and you being a man of your word, I'm sure your payment will be in tomorrow's mail.

mlevine8aau Sep-09-05 at 00:47:43 PDT

Dan - The check was sent out early this week. I thought you'd received it today. Please let me know

tomorrow once you've received your mail. - Mark

cosmostoys.com Sep-09-05 at 15:08:41 PDT

53 days later, still nothing but lies and a bogus check for $1975.00.

His personal check was not only rubber, but when I had banker contact the bank it was written on, HSBC Bank USA of Beverly Hills California, they stated the account was NON-EXISTENT.

On a lighter note, I have sent a copy of this information to Bill Lockyer, Attorney General for the State of California, the Los Angeles District Attorneys Office, The United States Postal Inspector and for good measure the Better Business Bureau because he implicated his "mult-million dollar publicly traded" business.

Here is a copy of the check and the business card he had attached to it when I recieved it in the mail:

Should not be difficult to spot in the future. Hope to see ya in court Mister MARK PHILIP LEVINE.

Dan

Hot Springs, Arkansas
U.S.A.