Is this considered fraud or just a bad/irresponsible seller?

[SparkleCityHop]

Seller never shipped the item, but lied repeatedly saying that it had been shipped when he had only printed a UPS shipping label, but never shipped it. The UPS tracking ID submitted has been cancelled and UPS acknowledged that they never had possession. Seller acknowledges that he is not shipping the item, but is not refunding my money.

I've also found evidence that this person has attempted to scam other folks on another car related forum and has been identified as a "Suspected Scammer" on this site: http://forums.evolutionm.net/members/123178-ch1215g.html

I wanted to include a copy of my correspondence with this person regarding Item/Case ID: PP-001-570-652-912 as it shows the seller never shipped the item and has no intention of refunding my money.

Link to original for sale thread: http://my350z.com/forum/north-east-marketplace/540034-rear-hotchkis-sway-bar-new-cusco-a-arms-2.html

Full text of all communications is posted in the for sale thread above. However, I copy/pasted it below as well. I am SPARKLECITYHOP and seller is CH1215G. He could not have offered to ship the item overnight if he had ever shipped it as he claims, and he could not simply cancel the UPS shipment if it was in UPS's possession and in transit.

11/21/2011 6:09PM
FROM SPARKLECITYHOP
That's cool. Can you take a verification pic with your username and date on a slip of paper beside the item then? I'm interested in buying it, but if I'm going to send the full price, I want to be 100% sure of the condition and that you actually have it ready to ship out immediately.

Thanks!
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11/21/2011 6:37PM
FROM CH1215G
paypal: ****************

my dad can ship it out as soon as payment is received as long as its received before 3 pm and i can verify it before then.

Ill send pictures over to your cell now.

thanks
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11/21/2011 6:38
FROM CH1215G
**picture of sway bar**
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11/21/2011 6:52PM
FROM SPARKLECITYHOP
Paypal sent. Please send tracking once shipped so I can be sure someone at the house can keep an eye out for delivery. Thanks!
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11/21/2011 6:52PM
FROM CH1215G
Will do should have it out tomorrow
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11/26/2011 7:31AM
FROM SPARKLECITYHOP
Just checking to see if you have a tracking number yet
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11/26/2011 12:25PM
FROM CH1215G
Check your PM.
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11/26/2011 12:42AM
FROM CH1215G
Tracking Info for sway bar via UPS

1Z2385X00344373930
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11/28/2011 9:24PM
FROM SPARKLECITYHOP
A week after out was supposed to have shipped, the tracking
number provided still shows no info with ups
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11/28/2011 9:25PM
FROM CH1215G
Yeah I don't think ups picked it up yet
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11/28/2011 9:35PM
FROM SPARKLECITYHOP
It was supposed to have shipped a week ago. I'll need my money
refunded immediately.
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11/28/2011 9:36PM
FROM CH1215G
I don't have the package. I gave it to ups. They gave me a
tracking number. It's no longer in my possession? So idk what you
want me to do.
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11/28/2011 9:37PM
FROM SPARKLECITYHOP
You just said they haven't picked it up yet

Which is it?
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11/28/2011 9:38PM
FROM CH1215G
Ups has it they didn't pick it up from their building yet. I dropped
it off at a ups store
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11/28/2011 9:40PM
FROM SPARKLECITYHOP
When was it dropped off, and can you send a photo of the receipt?
It shouldn't take a week for them to pick it up from their own
building
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11/28/2011 9:41PM
FROM CH1215G
Yeah idk what there doing and I'll get the receipt for you later.
It's in my car
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11/28/2011 9:45PM
FROM SPARKLECITYHOP
When did you drop it off? If you have the store's number or address, I'd like to call them and follow up with them tomorrow. If I don't have proof that it was shipped, I expect a refund immediately. I've seen too many folks burned online to trust blindly.
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11/28/2011 9:47PM
FROM CH1215G
My dad dropped it off. I'll give you a picture of the receipt in a
little bit.
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11/29/2011 12:16AM
FROM CH1215G
Can't find the receipt. But the item is 100% on its way keep
checking the tracking number
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11/29/2011 7:51AM
FROM SPARKLECITYHOP
When was it dropped off and what is the phone number to the ups store?

Otherwise, I'm filing dispute with paypal. It should have already been here if it was shipped as expected.
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11/29/2011 10:07AM
FROM CH1215G
I have no idea man. Just relax. Check the tracking number later today. Itll be there I promise.
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*NOTE: UPS still shows no info for this shipment*
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11/29/2011 11:01AM
FROM SPARKLECITYHOP
My issue is that as I told you, I was willing to pay the price if you shipped immediately. You did not and are continuing to dodge my questions. Refund my money.
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11/29/2011 11:03AM
FROM CH1215G
I did ship immediately. And no sorry I can't refund your money. The package is no longer in my possession.

Im not dodging you questions either.
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11/29/2011 11:05AM
FROM SPARKLECITYHOP
When did you drop it off? What is the number of the store so that I can call and confirm?
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11/29/2011 11:06AM
FROM CH1215G
Your acting like a crazy person... How you going to call and ask them if they remember the package... Be real I shipped it I'm not **bleep**ing around. Youll have it soon.
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11/29/2011 11:07AM
FROM SPARKLECITYHOP
I've asked 5 time now, and you continue to dodge the question. When did you ship it? What UPS store?
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11/29/2011 11:09AM
FROM CH1215G
I don't know. I didn't F***ing do it. Stop f***ing texting me you'll get it when you get it. Peace.
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11/29/2011 11:21AM
FROM SPARKLECITYHOP
Class act, buddy.
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11/29/2011 11:22AM
FROM CH1215G
Your cool? Let me know when you get it. Stop texting me.
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11/29/2011 11:23AM
FROM SPARKLECITYHOP
No, I'm not cool. You have my money, but won't be straight with me.
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11/29/2011 11:24AM
FROM CH1215G
What are you talking about. Your the physco one thinking I didn't ship out your sway bar. It's on it's way. I don't understand why your flipping out.
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11/29/2011 11:27AM
FROM SPARKLECITYHOP
Because I am on a timeframe, that's why I asked to make sure you would ship immediately. You won't answer when and where you dropped it off, which is very suspicious. With a taking number, the store can confirm our prove wrong your statement. The fact that you won't answer is a real concern.
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11/29/2011 11:29AM
FROM CH1215G
I don't know though. I'm not sure what my dad did with shipping it let me call him and I'll get back to you later
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11/29/2011 11:29AM
FROM SPARKLECITYHOP
If your dad did it for you, he should be able to answer that in one phne call. But even that story has changed multiple times. Thanks.

It's just very concerning since I'm now going to miss my timeframe and still don't know if I'm also out the money too. I did my part and paid immediately. I shouldn't have to chase you down, you should be apologizing and working to resolve my concerns on your own.
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11/29/2011 11:34AM
FROM CH1215G
Ok
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***Still no proof, I submit claim to paypal***

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11/29/2011 12:05PM
FROM CH1215G
That was a mistake. Have a nice day
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11/29/2011 12:10PM
FROM SPARKLECITYHOP
What was a mistake?
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11/29/2011 12:29PM
FROM CH1215G
Nothing. I'll be winning that case tho. I told you I shipped it out. But you didn't listen.
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11/29/2011 12:36PM
FROM SPARKLECITYHOP
The tracking id only proves that you paid for and printed a lable, not that you shipped it last week as agreed. And if you just decided to try and ship it today, that still doesn't meet our agreement. I'm headed to Charlotte to buy a sway so that I can get it installed in the timeframe needed. Yours does me no good at this point.
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11/29/2011 12:40PM
FROM CH1215G
Meets PayPal agreement so it's fine. Your wasting money if you buy a new one local but that's on you and no I didn't ship it today I shipped it last week. You'll see the date of the shipping label.
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11/29/2011 12:45PM
FROM SPARKLECITYHOP
The date printed on the sticker is not the date the item was checked in at UPS. Per UPS, it looks like it didn't even generate/print the label until after I followed up on it the other night. When was it checked in at UPS and dropped off by your dad?
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11/29/2011 12:46PM
FROM CH1215G
Wed I think
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** sends me a picture of the box with the printed shipping label attached to box (that he just took) **

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** I check tracking again and UPS now shows that shipment was cancelled and they do not have possession **

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11/29/2011 1:21PM
FROM SPARKLECITYHOP
It shows that you voided the UPS tracking number and UPS does not have possession of this shipment.
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11/29/2011 1:24PM
FROM CH1215G
Yup cancelled it. Do you still want it yes or no? I'll overnight it.
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11/29/2011 1:26PM
FROM SPARKLECITYHOP
Refund the money
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11/29/2011 1:27PM
FROM CH1215G
Going to have to wait til the case is over.
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11/29/2011 1:29PM
FROM SPARKLECITYHOP
Just go into paypal and click on the original sale and choose refund. It won't stop you from refunding and will automatically close the case
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11/29/2011 1:34PM
FROM CH1215G
I'll just wait til it's over its fine.
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11/29/2011 1:35PM
FROM SPARKLECITYHOP
So you are going to intentionally hold my money just because you lied and I caught you in it?
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11/29/2011 1:37PM
FROM CH1215G
No because you shouldn't of opened the case and played games with me. I told you I shipped it. I gave you a tracking number and you assumed differently. So now you can go f*** your self and have a nice day.
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11/29/2011 1:38PM
FROM SPARKLECITYHOP
But this proves you didn't ship it. You are a real piece of work. I'm sure your parents are proud.