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05-04-2009, 06:00 PM
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#26 | | Official Texas Ambassador
Join Date: Oct 2004 Location: Houston, TX
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Originally Posted by Lancerion  This is the message he sent me after I won the Paypal dispute, what do you guys think?
As for the good record he was mentioning, I have 53 feedbacks and is 100% Positive while he has 473 but 99.3% Positive. Just because he has more feedback that doesn't mean it is much better than mine. |
No. Hes got a lower ratio of positive which is good for you. I'd tell him to bring it. In the mean time you'll find a real seller who won't rip you off.
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05-04-2009, 06:02 PM
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#27 | | y'all better put some respeck on my name
Join Date: Dec 2002 Location: Vancouver
Posts: 18,733
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Originally Posted by Lancerion This is the message he sent me after I won the Paypal dispute, what do you guys think?
As for the good record he was mentioning, I have 53 feedbacks and is 100% Positive while he has 473 but 99.3% Positive. Just because he has more feedback that doesn't mean it is much better than mine. | What's his username?
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05-04-2009, 06:05 PM
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#28 | | RS controls my life!
Join Date: Mar 2005 Location: Vancouver
Posts: 738
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I just called Paypal and they told me as long as I have a tracking number provided, I will be guaranteed my refund whether he accepts the package or not when it arrives at his place since I did my part of returning the item. But the cost for shipping the item back will be out of my pocket  | |
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05-04-2009, 06:09 PM
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#29 | | In RS I Trust
Join Date: Mar 2003 Location: Mission
Posts: 20,779
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Originally Posted by Lancerion I just called Paypal and they told me as long as I have a tracking number provided, I will be guaranteed my refund whether he accepts the package or not when it arrives at his place since I did my part of returning the item. But the cost for shipping the item back will be out of my pocket | oh well thats still better then loseing out completly. and if it's in the states dont worry about it their pubilc court system cant effect us up here.
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05-04-2009, 06:11 PM
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#30 | | I Will not Admit my Addiction to RS
Join Date: Jul 2008 Location: Vancouver
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exact same situation happened to me a while back. i bought a front r6 rim and the seller said it was in excellent condition, when it arrived it was shit. burnaby kawasaki even refused to mount a tire on it, saying that it is EXTREMELY dangerous. So i filed a dispute with paypal and won, i just had to shipped the item back and provide a tracking number to paypal. A week later i get an email from paypal saying that i lost the dispute because the item was never recieved...so i rechecked the tracking number i gave paypal and also checked the status on the carriers site and guess what i see, the item was delivered and signed a few days before paypal sent me the email. At that point i didn't know what to do because paypal said the case is officially closed and i lost 300bux canadian...so i just kinda sucked it up...=/
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05-04-2009, 06:11 PM
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#31 | | y'all better put some respeck on my name
Join Date: Dec 2002 Location: Vancouver
Posts: 18,733
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^
You're stressing out too much. Just send the package back but use UPS or FedEx, I had issues with Canadapost in the past (no signature, no delivery name) and be done with this clown. I've been buying and selling on eBay since 2000 and I can fill this entire page with problems I've had.
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05-04-2009, 06:16 PM
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#32 | | RS controls my life!
Join Date: Mar 2005 Location: Vancouver
Posts: 738
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Originally Posted by El Bastardo No. Hes got a lower ratio of positive which is good for you. I'd tell him to bring it. In the mean time you'll find a real seller who won't rip you off. | I only received one or two not as described items in the past and all of those sellers was willing to work out the situation with me. But dealing with a guy like this is definitely a first. Quote:
Originally Posted by murd0c oh well thats still better then loseing out completly. and if it's in the states dont worry about it their pubilc court system cant effect us up here. | That's good to hear. Ya he's in the States.
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05-04-2009, 06:37 PM
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#33 | | "Entertainment" mod.
Join Date: Feb 2009 Location: Surrey, BC
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Originally Posted by Lancerion That's good to hear. Ya he's in the States. | Out of jurisdiction case FTW.
__________________
Green OJ Special
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05-04-2009, 06:40 PM
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#34 | | RS controls my life!
Join Date: Mar 2005 Location: Vancouver
Posts: 738
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Originally Posted by r6_4life exact same situation happened to me a while back. i bought a front r6 rim and the seller said it was in excellent condition, when it arrived it was shit. burnaby kawasaki even refused to mount a tire on it, saying that it is EXTREMELY dangerous. So i filed a dispute with paypal and won, i just had to shipped the item back and provide a tracking number to paypal. A week later i get an email from paypal saying that i lost the dispute because the item was never recieved...so i rechecked the tracking number i gave paypal and also checked the status on the carriers site and guess what i see, the item was delivered and signed a few days before paypal sent me the email. At that point i didn't know what to do because paypal said the case is officially closed and i lost 300bux canadian...so i just kinda sucked it up...=/ | That's weird, cuz after reading your post I called Paypal again and they say it doesn't matter how long it takes to get there (as long as it's something reasonable like 1-2 weeks). Why did they close your case if it was only a week later?
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05-04-2009, 07:36 PM
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#35 | | WOAH! i think Vtec just kicked in!
Join Date: May 2005 Location: vancouver
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Did you take pictures of the item before you sent it back?
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05-04-2009, 07:54 PM
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#36 | | I Will not Admit my Addiction to RS
Join Date: Jul 2008 Location: Vancouver
Posts: 561
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i don't know why they closed the case, they said the item was never delivered even though i provided them with the correct tracking number and the item was already received when they sent me the email...
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05-04-2009, 11:24 PM
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#37 | | The RS Freebie guru
Join Date: Jul 2001 Location: East Vancouver
Posts: 22,032
Thanked 2,491 Times in 860 Posts
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| Quote:
Originally Posted by r6_4life exact same situation happened to me a while back. i bought a front r6 rim and the seller said it was in excellent condition, when it arrived it was shit. burnaby kawasaki even refused to mount a tire on it, saying that it is EXTREMELY dangerous. So i filed a dispute with paypal and won, i just had to shipped the item back and provide a tracking number to paypal. A week later i get an email from paypal saying that i lost the dispute because the item was never recieved...so i rechecked the tracking number i gave paypal and also checked the status on the carriers site and guess what i see, the item was delivered and signed a few days before paypal sent me the email. At that point i didn't know what to do because paypal said the case is officially closed and i lost 300bux canadian...so i just kinda sucked it up...=/ | Wow, that seriously sucks...
PayPal sucks too.
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05-05-2009, 12:35 AM
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#38 | | RS has made me the bitter person i am today!
Join Date: Aug 2005 Location: Canada
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Yea, I remember buying multiple items off ebay and one of the items were supposed to be in "mint condition". Ended up with scratches and crap all over the place, and I filed a dispute but ultimately canceled the dispute because tracked shipping back would be more than the cost of the item itself.
He went through with the same bs that your seller gave me except he didn't threaten to sue me. What he did instead was do the old "i'm gonna get ebay to remove your acccount for providing false feedback waah waaah waaaaah". I just ignored him and decided to screw him over in negative feedbacks by staggering my feedbacks left one month at a time so he'd get at least one negative feedback per page. 5 negative feedbacks ftw.
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05-05-2009, 07:36 AM
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#39 | | RS.net, where our google ads make absolutely no sense!
Join Date: Mar 2002 Location: GTA
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I am a lawyer and I can tell you if I were you I would not worry about anything. You should already know by now that the seller is trying to scare you. As others have already advised don't fall for his bluff. He's just making up generic phrases to try to scare you. If he's getting the info from his lawyer, then his lawyer doesn't know anything.
I can give you a quick inside on the law here and how it would likely play out just because I find the seller's conduct funny.
Despite the fact he's in the US he can still file a claim here in Canada, but it's not worth it over $200 because it would end up costing him a grand or two to bring a action in small claims court, that includes, drafting a statement of claim, process servers, court fees etc.... Even if he is stubborn enough to file a claim his chance of success would be next to none, keep in mind just because you file a claim doesn't mean you win. When he looses he would get zero for his cost and you would likely receive 80%-100% cost on substantial indemnity scale just because the guy would be seen as quite unreasonable. If not then you would likely receive 40%-60% of your cost on a partial indemnity scale.
Now on to Slander
Slander applies to oral statements, and they must actually cause harm to a person's reputation, and the person must prove that the harm caused to their reputation resulted in a financial loss. The only defence available in a actual Slander case is the truth. So making a actual true statement about someone doesn't equal Slander.
Lible applies to written statements attacking a person's reputation. You are always liable for publishing defamatory comments (IF they are defamatory), that relates more to newspapers and magazines. However, most likely whatever you wrote down in the negative feedback on ebay will not count as a defamatory comment, and he has to prove it was defmatory and caused a harm to this reputation. Financial loss is assumed and the Judge decides the financial compensation. So as long as you posted a true statement based on your experience with this seller, it's not defamatory, and is not Lible.
Last edited by Uncle Benz; 05-05-2009 at 08:35 AM.
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05-05-2009, 10:17 AM
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#40 | | Willing to sell a family member for a few minutes on RS
Join Date: Feb 2005 Location: Surrey
Posts: 12,760
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you'll be fine man, dont sweat it, paypal holds the funds from the sellers paypal account, the minute they have proof that u sent the item back and whether or not the seller accept it, you'll get ur money back.
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05-05-2009, 10:48 AM
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#41 | | Banned By Establishment
Join Date: Aug 2005 Location: Burnaby
Posts: 2
Thanked 266 Times in 124 Posts
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Originally Posted by Uncle Benz I am a lawyer and I can tell you if I were you I would not worry about anything. You should already know by now that the seller is trying to scare you. As others have already advised don't fall for his bluff. He's just making up generic phrases to try to scare you. If he's getting the info from his lawyer, then his lawyer doesn't know anything.
I can give you a quick inside on the law here and how it would likely play out just because I find the seller's conduct funny.
Despite the fact he's in the US he can still file a claim here in Canada, but it's not worth it over $200 because it would end up costing him a grand or two to bring a action in small claims court, that includes, drafting a statement of claim, process servers, court fees etc.... Even if he is stubborn enough to file a claim his chance of success would be next to none, keep in mind just because you file a claim doesn't mean you win. When he looses he would get zero for his cost and you would likely receive 80%-100% cost on substantial indemnity scale just because the guy would be seen as quite unreasonable. If not then you would likely receive 40%-60% of your cost on a partial indemnity scale.
Now on to Slander
Slander applies to oral statements, and they must actually cause harm to a person's reputation, and the person must prove that the harm caused to their reputation resulted in a financial loss. The only defence available in a actual Slander case is the truth. So making a actual true statement about someone doesn't equal Slander.
Lible applies to written statements attacking a person's reputation. You are always liable for publishing defamatory comments (IF they are defamatory), that relates more to newspapers and magazines. However, most likely whatever you wrote down in the negative feedback on ebay will not count as a defamatory comment, and he has to prove it was defmatory and caused a harm to this reputation. Financial loss is assumed and the Judge decides the financial compensation. So as long as you posted a true statement based on your experience with this seller, it's not defamatory, and is not Lible. | RS beach justice. We should just sue this guy's ass for being a jerk.
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05-05-2009, 10:53 AM
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#42 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
Posts: 3,867
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"deprivation of character".....did you deprive him of his character? If this is the best he can do after talking to his family lawyer (sure to be an expert in international trade & commerce & internet fraud???), then I wouldn't lose sleep over it. His lawyer can't even tell him of the correct terms to use...like "defamation of character"? What sort of travel expenses and visa cost is he thinking of? A trip to Disneyland?
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05-05-2009, 10:53 AM
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#43 | | The RS Freebie guru
Join Date: Jul 2001 Location: East Vancouver
Posts: 22,032
Thanked 2,491 Times in 860 Posts
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Originally Posted by terkan He went through with the same bs that your seller gave me except he didn't threaten to sue me. What he did instead was do the old "i'm gonna get ebay to remove your acccount for providing false feedback waah waaah waaaaah". I just ignored him and decided to screw him over in negative feedbacks by staggering my feedbacks left one month at a time so he'd get at least one negative feedback per page. 5 negative feedbacks ftw. | How did you do that? You only have 60 days after the end of the auction to leave feedback. And even if you left five negative feedbacks, it only counts towards his rating once...
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05-05-2009, 11:31 PM
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#44 | | HELP ME PLS!!!
Join Date: Jan 2002 Location: Vancouver
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VISA?? to come to canada?
is this one of those like...nigerian scams?
oh wow, i'd love to meet this seller hahahahah. i'd have a field day
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~goodnight fat sig.
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05-05-2009, 11:45 PM
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#45 | | I *heart* Revscene.net very Muchie
Join Date: Jan 2005
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Originally Posted by InvisibleSoul How did you do that? You only have 60 days after the end of the auction to leave feedback. And even if you left five negative feedbacks, it only counts towards his rating once... | I believe eBay changed it now. You can leave multiple feedback for the same member that can affect his rating more than once as long as it's not in the same week.
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