I purchased a very expensive item from an ebay seller (ham radio amplifier). The item was described as "in excellent working condition, just plug and play", meaning that it works 100% and all you have to do is plug it in and it will work immediately.
I had to purchased this item from him 2 weeks ago. I had to purchase another item in order to use the item that I purchased from this seller. So, yesterday I purchased the extra equipment that I needed to get in order to get the amp up and running. So yesterday was the first time I actually turned the amp on. My findings were that the amp is NOT working properly and my equipment may have been damaged due to this amp working improperly.
I e-mailed the seller requesting a refund because the item was damaged and not as described ("plug and play"/in excellent working condition). He told me that I was ignorant for wanting my money back after two weeks and that I probably damaged it myself and that I was looking to screw him for it.
He has a 3 day return policy and as I said, I was unable to even turn the amp on until yesterday. So, I filed a claim with e-bay. After reviewing his feedback, he's done this many other times as well and ALWAYS blames the buyer. After a google search, I found horror stories about him threatening other ebay members and how he has had multiple ebay accounts because he's had to delete his old ones due to tons of negative feedback.
I believe that e-bay will side with me. One of his e-mails to me says
"Ebay will always find in the buyers favor no matter what I only can hope that people are honenst. Clearly you are not. I know as well as you do that because of ignorance and missuse that now the amplifier is broken. Like you did not try it for two weeks what nonsense. You will win this claim with them and get your money back, screw me over and then pour some more salt on the wound by leaving me false negitive feedback. Clearly I have delt with cheats like you before. But carma will get you. So the next time somthing bad happens to you for what seems like no reason remember this."
He has done this MANY times with MANY sellers. When is this guy going to realize that the problem is HIM and NOT the buyers?
Should I be prepared to take further action with this guy?
Answer by Ken
I think you should prepare to sue in small claims court. See if your state will honor a cross-state claim or see if you can sue remotely. I have to say, this is very unusal in the Ham radio community. I have traded, sold and bought for years without incident.
73,
Ken W9FHQ
Answer by bcnu
Yes, take further action as necessary to obtain a full refund. The 3-day return policy is irrelevant if the product you received is not the product described. The only "limit" is the statute of limitation of your state regarding fraud or breach of contract, depending upon which one you can prove. These are typically upward of two years.
With proof of prior schemes, you may have good case and your judge will allow you to immediately place liens and attachments on his property, wages, tax refunds, and anything else of value, in order to secure the ability to collect once you have proven your case. Hire an attorney and expect to pay fees commensurate with the value of the payments being recovered (e.g., 30 percent).
What do you think? Answer below!
Orignal From: Dishonest/Threatening ebay seller-?
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