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05-04-2009, 01:01 AM
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#1 | | RS controls my life!
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|  problem w/ ebay seller, help pls
Hi guys, I'm having a problem with an ebay seller recently and would like some input. Basically I bought something off this person back in March and it didn't arrive as described. The auction says the item is in excellent condition but it turned out to be played with, dirty and lots of wear. There were even broken parts that were not mentioned in the listing. He also said All sales final unless he has made some error in the listing. So I contacted the seller saying I was not satisfied with it and he responded by saying that after reviewing the listing and pics, he determined correctly that they were in excellent shelf condition and if I'm still dissatisfied I should contact ebay about it. So I reply back by saying: "You're saying from the pic, it looks excellent to you, it really makes me wonder if you even inspected the toy personally. How could you state that they're in "excellent" condition when there are chips, scuffs, chrome wear, dirt spots and sticker wear? by the way, it wasn't mentioned in the listing that "excellent" was referring to shelf condition." He never reply back so I left him a neg feedback 2 days later. A few days ago, I decided to file a dispute on Paypal. I listed exactly all the problems w/ the item and requested half my money back. He denied my request and insisted that the item was as described on our dispute message board. He also said this is my final chance to withdraw and he will call his lawyer and fight me until the end. Plus he also said I left no time for a reasonable dispute and that he tried his best dealing with an unreasonable buyer. He then escalated the dispute to a Claim. In the end, Paypal declared that I won and I'm eligible for a full refund under the Paypal Buyer Protection after I send the item back and he receives it. Just a while ago, I received an email from him saying that he has contacted his family attorney and he will be representing now until the end. He thinks that further legal activity should be filed according to my false feedback, his good record and the cost to himself. And for slander, personal cost, and deprivation of character plus legal fees and any travel expenses required in this matter. Also said that I picked the wrong person to fight with and if his items arrived even a little bit different than when he had them, he is assured his monetary case will be as good as won. Has anyone deal with anything like this? any input would be greatly appreciated. Thanks!
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05-04-2009, 01:26 AM
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#2 | | Revscene.net has a homepage?!
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Honestly, I would say he is just trying to BS with you. Makes you scared and give up asking for a refund. Try contacting eBay / PayPal and tell them the situation, see if they can give you a hand or some advise as well.
Make sure you have all the documents (copy of item description, bill of lading for sending the item back to the seller etc) and photos for proofs, in case IF something is going to happen which I doubt.
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05-04-2009, 01:35 AM
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#3 | | I HERP TO YOU DERP
Join Date: Oct 2004 Location: 604
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Have you been served with a letter saying that you are being sued? That would be the first thing I'll check to see if he is bsing or not. Depending on the value of the item, if it is a coupld hundred bucks than I see no reason in hiring a lawyer as a few hours with them would already cost more than the toy.
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05-04-2009, 01:37 AM
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#4 | | WOAH! i think Vtec just kicked in!
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Just like Beefball said, he's just trying to push you around. Make a copy of everything you have part of this transaction. I usually just pdf everything so it's in one neat file. PDF any e-mail correspondence, any photos, the e-bay page that he had for the listed item
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05-04-2009, 01:48 AM
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#5 | | RS.net, helping ugly ppl have sex since 2001
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Worked for eBay for over 4+ years in departments such as fraud and I've seen sellers especially powersellers try to scare buyers like this all the time. Most likely he is bsing but hey you never know I guess. Oh don't bother contacting eBay because it's already out of their hands. Buyer/seller dispute at this point.
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05-04-2009, 02:57 AM
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#6 | | The RS Freebie guru
Join Date: Jul 2001 Location: East Vancouver
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| Quote:
Originally Posted by Lancerion  He also said this is my final chance to withdraw and he will call his lawyer and fight me until the end.
...
Just a while ago, I received an email from him saying that he has contacted his family attorney and he will be representing now until the end. He thinks that further legal activity should be filed according to my false feedback, his good record and the cost to himself. And for slander, personal cost, and deprivation of character plus legal fees and any travel expenses required in this matter. Also said that I picked the wrong person to fight with and if his items arrived even a little bit different than when he had them, he is assured his monetary case will be as good as won. | BULLSHIT
Exactly what was the cost of the item involved anyway?
Unless we're talking about at least a few thousand dollars, there is no way he can justify spending money on a lawyer.
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05-04-2009, 04:15 AM
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#7 | | Official Texas Ambassador
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^^ +1
I used to work for eBay and I know you can't sue for any of those reasons. Tell his attorney to contact you directly. Call his bluff.
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05-04-2009, 08:16 AM
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#8 | | I told him no, what y'all do?
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"He thinks that further legal activity should be filed according to my false feedback, his good record and the cost to himself. And for slander, personal cost, and deprivation of character plus legal fees and any travel expenses required in this matter. Also said that I picked the wrong person to fight with and if his items arrived even a little bit different than when he had them, he is assured his monetary case will be as good as won."
I worked for ebay before too and i just ROFL at the above statement, "slander" & "false feedback" are instant red flags for BS 
he already lost the paypal dispute, game over.
this is as funny as anthony anderson calling Jet Li 'dim sum' http://www.youtube.com/watch?v=t8YsH2xIlTg
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05-04-2009, 08:24 AM
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#9 | | RS controls my life!
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| Quote:
Originally Posted by InvisibleSoul BULLSHIT
Exactly what was the cost of the item involved anyway?
Unless we're talking about at least a few thousand dollars, there is no way he can justify spending money on a lawyer. |
i agree... plus you won't have to cover any of his cost... even if he won the case...
I don't know about in the states but in Canada most of the law is written to protect buyers more than sellers. Often buyers can sue sellers but most of the cases not vice versa.
I would ignore his bluff and reply professionally to everything related.
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05-04-2009, 08:32 AM
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#10 | | Banned By Establishment
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The worst fucking thing is when things don't arrive as per described. I mean... why should I pay shipping on something YOU fucked up on?
+1 for having friends worked at eBay, this is bullshit
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05-04-2009, 09:40 AM
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#11 | | Willing to sell a family member for a few minutes on RS
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I had a similar case with an item not being as described when I received it, I filed a paypal claim and won but the seller never threatened any legal action against me. They're just bsing u and trying to scare u. All this over a toy? The toy better be expensive if they're going to all this trouble
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05-04-2009, 09:42 AM
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#12 | | Director of RS Cares
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i wanna hear how this plays out.
i say you got nothing to be worried about. let him sue you or whatever cause it doesn't sound like he has a good enough case. plus he kinda threatened you by saying how you messed with the wrong person.
__________________  tiptronic: getting cut off by bicycles since 2007
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05-04-2009, 10:15 AM
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#13 | | Official Texas Ambassador
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| Quote:
Originally Posted by miss_crayon i wanna hear how this plays out. |
+1. You have an obligation (as all RS members do when they post a "I'm having eBay problems" thread) to let us know what happens.
Look what happened with that bitch who thought she overpaid for that jersey she bought. She sucked it up and left a little negative feedback but at the end of the day, she was still wrong.
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05-04-2009, 10:34 AM
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#14 | | My AFC gave me an ABS CEL code of LOL while at WOT!
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yeah, seller is trying to bullshit and scare you. Just don't let him push you around. If you paid with paypal just dispute it by opening a new claim.
and always, request the full amount of money back including shipping charges (it will help your chances of winning your claim).
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05-04-2009, 03:29 PM
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#15 | | RS.net, where our google ads make absolutely no sense!
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Say you got her on your side and post his replies!! ROFL  | |
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05-04-2009, 03:38 PM
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#16 | | I *heart* Revscene.net very Muchie
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How much did you even pay for your item? I have a feeling the seller is just trying to scare you out of your refund and it won't be worth it for him to sue over a small amount.
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05-04-2009, 03:45 PM
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#17 | | RS controls my life!
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Thanks for the replies everyone. The item cost around $200CAN including the shipping and everything. This guy made no effort to work this out at all after I emailed him saying I'm not satisfied. Told me to contact ebay and I filed a dispute (which I won) and now giving me all this crap. Will update you all later.
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05-04-2009, 03:49 PM
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#18 | | y'all better put some respeck on my name
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The seller isn't going to sue you, he's trying to scare you. If you won your dispute with Paypal, send the item back and let the seller refund your money. You can also file a chargeback if the seller decides not to refund your money after sending the item back.
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05-04-2009, 03:55 PM
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#19 | | RS controls my life!
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If I do sent it back, what if the seller refused to accept delivery on the item? Paypal requires delivery confirmation (which the buyer won't get if delivery is refused) before issuing the refund.
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05-04-2009, 04:05 PM
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#20 | | The RS Freebie guru
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I don't know the answer for sure, but I'm guessing that if you show proof that you tried to send the item back to the seller at the correct address, but the seller refused to accept it, then I can't see how they won't see that the seller is a douchebag and rule in your favour and give you your refund anyway.
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05-04-2009, 04:20 PM
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#21 | | My homepage has been set to RS
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Either way. His court fees would be more than the item you bought. (Assuming.)
Call his bluff. Tell him to eff off. Collect your money and you are now wiser.
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Preemo
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05-04-2009, 04:25 PM
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#22 | | Willing to sell body for a few minutes on RS
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LOL. he can't do anything legally, I'd tell him to suck my left nut.
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The world ain't all sunshine and rainbows. It's a very mean and nasty place... and I donīt care how tough you are, it will beat you to your knees and keep you there permanently, if you let it. You, me or nobody, is gonna hit as hard as life. But ain't about how hard you hit... It's about how hard you can get hit, and keep moving forward... how much you can take, and keep moving forward. Thatīs how winning is done. Now, if you know what you worth, go out and get what you worth. - Rocky Balboa | |
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05-04-2009, 04:32 PM
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#23 | | RS controls my life!
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This is the message he sent me after I won the Paypal dispute, what do you guys think? Quote: |
Hello, this message is simply to inform you of the actions I will be taking against you. First off I have contacted our family's attorney, James Spiegler, and he will be representing in this matter until its conclusion. According to your false feedback, my good record (much better than your own), and cost to myself, it has become apparent that further legal civil charges should be filed. Further investigation into Canadian law will allow me to elaborate but for slander, personal cost, and deprivation of character we are looking for $532.47 plus legal fees and any travel expenses required in this matter (including the purchaSe of visa if necessary). On a personal note, that I'm assured won't hurt our case, you picked a fight with the wrong person. Also, if my items arrive even a tiny spec different than when I had them, I'm assured my monetary case will be as good as won. No matter what you will pay more. Good Day
| 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.
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05-04-2009, 04:34 PM
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#24 | | Willing to sell body for a few minutes on RS
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Originally Posted by Preemo Either way. His court fees would be more than the item you bought. (Assuming.) | Sometimes people don't care about the money not that it's relevant in this case. To the point of legal fees being more then the actual amount we have something like that going on right now at work. Long story short this guy rips us off for 14 grand on a restaurant contract. He tries to offer us 7K to settle we tell him we won't take anything less then 12K. His lawyer tells us that the 7 is final and if we go to court we'll be lucky to get 6K.
At the end of the day it's going to cost his client a hell of a lot more then the original $14,000 after he pays his lawyer, costs plus whatever we win (We will win). At the end of the day the only people to come out ahead will be the lawyers but it's all good as revenge is sweet and we've already wrote the money off. The goal changed from recouping money to costing this guy as much money as possible.
__________________
The world ain't all sunshine and rainbows. It's a very mean and nasty place... and I donīt care how tough you are, it will beat you to your knees and keep you there permanently, if you let it. You, me or nobody, is gonna hit as hard as life. But ain't about how hard you hit... It's about how hard you can get hit, and keep moving forward... how much you can take, and keep moving forward. Thatīs how winning is done. Now, if you know what you worth, go out and get what you worth. - Rocky Balboa | |
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05-04-2009, 05:55 PM
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#25 | | "Entertainment" mod.
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Who the fuck hires a lawyer for "defamation of character" over the freaking Internet. Dude makes serious business, and would go out of his way just to keep a couple hundred bucks?
That letter looks fabricated, so call the bluff since he's probably scared other people shitless as well.
Like everyone else here, I'm rootin' for ya.
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