S30TRBO Posted January 23, 2008 Share Posted January 23, 2008 I need some advice in attempting to recover my money back from a simple transaction that quickly went bad! Here is the story long winded but it has been going on for a while. The “seller†was advertising a lot of (NOS) A.R.E. built for Enkei mesh wheels found in a warehouse. These were leftovers from the early 90’s, the warehouse was sold, a friend purchased it and its contents were going to be scraped. However, the “seller†stepped into help his friend unload them before they were scraped. I started to communicate with him via PM on another website where the ad is posted and we agreed upon a price of $732 shipped. This was for (4) 15x7; (2) +25 (2) +34 He even offered to have them taken to a local wheel shop and have them polished up for no additional cost since they were sitting and stacked in a warehouse for so long. This was too good to be true. So after a few PM’s and being that he owns his own company, I have his contact info I PayPal him the money on August 1st... Fast forward to the first week in September and he said that they were going to be shipped out. He was very nice and apologized as the wheel shop had lied to him and they hadn’t been touched. He assured me that he would get on them and get them shipped ASAP. He apparently has been selling the whole lot like hot cakes and thought they had been shipped out already. His family member was in charge of picking them up from the wheel shop, packing them and shipping them out. September 14th the wheels arrive. http://www.putfile.com/240ztt/images/145964 Call me crazy but these are in no way NOS and the offsets are not even close. I received (3) +34 and (1) +48. They look like they were pulled off of someone’s car, wheel weights removed (see wheel weight plier mark from removing the weights off), and one wheel hub has rust on the back side signs of being mounted on a car and rust transferring a rotor hat. I immediately called him and said WTF over? He apologized again and said that his family member shipped them out and he didn’t even see them. Even though on September 6th he sent me pictures that *HE* took before they were shipped: http://www.putfile.com/240ztt/images/152496 I didn’t catch it at first, however look at the dirty paper towel next to the clean roll of paper towels that is sitting next to the wheels . Wheel Shop my ASS!!! He asked me to mail them back (he would refund shipping) to make it right. He said he will have them brought up to my standards or exchange them entirely. I stomped around on the idea of sending them all back or at least the ones back that needed to be repaired however when looking at them very closely I got more pissed and decided that it would be better to part ways and for him to give me a full refund. Keep in mind that all communication since receiving the wheels has transferred to email because I had a feeling where this was going to go. So I sent him an email asking that I would like to return the wheels and would like to have half refunded now and the rest when he receives the wheels to show good faith. He replied and said that he could not refund me the money and that he would put the wheels up on consignment. I replied back and basically said how can you put them on consignment when you sold them to me to begin with I would like a full refund *NOW* or I will take it up with PayPal and my financial institution. I contacted PayPal and guess what I found out? I first filed a dispute online and after submitting it the dispute was closed immediately. WHAT!! PayPal has a 45 day limitation on disputes. Even though I didn’t receive the wheels until the 44th day and by time I opened them and started communicating with the seller the 45 days have passed. I have been a PayPal member for a very long time and this is the first that I have heard of this or had this happen. They said if I didn’t receive the wheels in 2 weeks then I could have opened a dispute. I didn’t see this as a problem because I was in communication with the seller. Frustrated, my next step was to contact my bank to see what they can do. They did an ACH reversal from PayPal for the full amount SWEET!!! I figured this way PayPal would go after the seller and everyone would be happy. I was in the middle of moving $300 from PayPal to my bank account (totally unrelated) and the next morning I received an email from PayPal saying the transfer was canceled and the funds were applied to a negative balance, WHAT!!! So I logged in and I was (minus)-$432. Pissed the f-off I called PayPal and was politely told sorry Sir you are past the 45 day PayPal limitation rule and this was a mistake on your part. Great!!! So finally I caved, I sent the seller ALL the wheels and put instructions in each box as to what needs to be done to the wheels. They were mailed back about a month later I emailed him to find out the status and guess what he SOLD MY WHEELS. The seller did not repair them like he stated he would in his email. The seller had the balls to tell me that he is looking for another set of wheels. Keep in mind we are both located on separate coasts. My wheels have been sold and he still didn’t refund my money!! It has been over 2 months another email went out and I said listen you have until XX date to refund my money and send it in a check (no PayPal fees), payable to me or I am going to take you to small claims court. The date came and went and no email reply and more importantly NO MONEY!! All conversations were through email except my initial phone call to him when I first received the wheels. I have not called him since. What are my next steps: Call him; fly out there, judicial system? Quote Link to comment Share on other sites More sharing options...
savageskaterkid Posted January 23, 2008 Share Posted January 23, 2008 fly out there... I don't know what to do on this one, I'm taking my claim of body damage to small claims and can't really fill you in on anything there, except its gonna take forever before they can hear my case. Quote Link to comment Share on other sites More sharing options...
CArFAn Posted January 23, 2008 Share Posted January 23, 2008 You have his address i would, if not to expensive, go there and bring their state police or some type of authority and documentation of all the transactions you made with him. Just my 2*cents. Forgot to add don't tell him your coming that will just buy him time to get rid of anything that can incriminate him. Quote Link to comment Share on other sites More sharing options...
alexideways Posted January 23, 2008 Share Posted January 23, 2008 Did you keep all the e-mails, (from both sides) your invoice, your paypal confirmation and your shipping bill?? Cause if so, with that, the pics. and the mention of your call on your phone bill, you have quite a few good proofs. I'm from Canada, so I don't know much about your laws, but you could hire a lawyer and sue, for fraud, stealing... You'd have good chances of winning this, as usually, judges don't like con men. You could also ask that the guy pay what it cost you for all the process. On top of that, there are more than lots of chances that when the guy receives his subpoena, he'll suddenly develop a sense for cooperation. Quote Link to comment Share on other sites More sharing options...
randy 77zt Posted January 23, 2008 Share Posted January 23, 2008 call the district attorney in the county that he owns his business in and find out if you can file a complaint for fraud.i have had bad luck with small claims court-in california if you get a judgement you still have to collect.usually if some squid gets a wage garnishment he quits that job and moves on Quote Link to comment Share on other sites More sharing options...
S30TRBO Posted January 24, 2008 Author Share Posted January 24, 2008 I have his address and all the paper work, emails, Fed Ex receipts, Paypal records. Calling the DA might be a good idea. Should I even try to call him to mediate? I think it's past that point though... Quote Link to comment Share on other sites More sharing options...
slownrusty Posted January 24, 2008 Share Posted January 24, 2008 Bro - I have a crew going out west for MSA this year, lets pay him a surprise visit. I would have refinished those lips for you for not much, you should have emailed me. Anyhoo, I am with everyone take legal action against him. Do you have an attorney or know of one that can send him a stinker of a letter? Let me know how I can help. Yasin Quote Link to comment Share on other sites More sharing options...
S30TRBO Posted January 24, 2008 Author Share Posted January 24, 2008 Yasin, PM sent. Quote Link to comment Share on other sites More sharing options...
S30TRBO Posted January 26, 2008 Author Share Posted January 26, 2008 Any other advice? Quote Link to comment Share on other sites More sharing options...
S30TRBO Posted February 7, 2008 Author Share Posted February 7, 2008 Attorney fees for this will cost me $300 per hour and $260 per hour for the staff. It will cost me much more than what he owes me ($732). I am thinking about flaming his ass on all the forums he visits, a kind of "Buyer Beware don't let this happen to you" and maybe it might make him grow a heart and cough up the dough. I also have some friends in his area that may pay a visit to try and collect for me. BTW, in the last few weeks he listed another pair of wheels for sale too!!! GRRRR!!! Anyone know an attorney that will send him a letter? Quote Link to comment Share on other sites More sharing options...
JSM Posted February 7, 2008 Share Posted February 7, 2008 Try to find someone local who can go look at the wheels he's selling now. Have the looker get as much info as possilbe when they meet. Tag #, description, maybe where he lives. Quote Link to comment Share on other sites More sharing options...
S30TRBO Posted February 7, 2008 Author Share Posted February 7, 2008 Try to find someone local who can go look at the wheels he's selling now. Have the looker get as much info as possilbe when they meet. Tag #, description, maybe where he lives. I have his home address and phone number. Quote Link to comment Share on other sites More sharing options...
wickiewicked240z Posted February 7, 2008 Share Posted February 7, 2008 post his address Quote Link to comment Share on other sites More sharing options...
S30TRBO Posted February 8, 2008 Author Share Posted February 8, 2008 I am filing a small claims case through my local court house. He will be served and will have the opportunity to make it right if not he will have to travel for the hearing. I have no doubt that I will have a judgement against him. I will keep you all informed. Thanks, Quote Link to comment Share on other sites More sharing options...
Mikelly Posted February 8, 2008 Share Posted February 8, 2008 I am filing a small claims case through my local court house. He will be served and will have the opportunity to make it right if not he will have to travel for the hearing. I have no doubt that I will have a judgement against him. I will keep you all informed. Thanks, That's your best bet... And he'll have a judgement against him and nothing will come of it. But I'd not spend to much more money chasing that rabbit down that hole. Mike Quote Link to comment Share on other sites More sharing options...
slownrusty Posted February 8, 2008 Share Posted February 8, 2008 Joe - My offer stands too. Yasin Quote Link to comment Share on other sites More sharing options...
S30TRBO Posted February 9, 2008 Author Share Posted February 9, 2008 Thanks Mike. So the possibility stands that I might not get my money. Is there another way to collect legally? Or is he too far down in the hole? Roger that Yasin! They will let me know by mail when the court date is. Again hopefully he will get smart and pay up if not, once I have the judgement I will make it known who he is and not to deal with him! Is that the smart thing to do after? Quote Link to comment Share on other sites More sharing options...
Challenger Posted February 9, 2008 Share Posted February 9, 2008 What states he live in? There are lots of ways to get your money... some not legal... Quote Link to comment Share on other sites More sharing options...
G.I.jonas Posted February 9, 2008 Share Posted February 9, 2008 Is that the smart thing to do after? No. Get his adress handy first.Now go buy a nice scoped rifle,drill a large hole in the trunk of your car for the barrel to fit through and get a driver.Now park a few hundred yards from his house and wait.Bring some candy bars too-you might be hanging out in the trunk a while. Quote Link to comment Share on other sites More sharing options...
Challenger Posted February 9, 2008 Share Posted February 9, 2008 I missed the 45 day limit for the spoiler I bought off ebay. Havent got my money and its been around 4 months. I really wish I could fly over to New Brunswick and pay him a visit. I tell you fraudulent people like this are incredibly stupid. I talked to the guy who sold me my "Z" spoiler and it was like talking to a 1st grader. The get scared and make all sorts of dumb remarks and excuses on why your wrong and how theyve been put out etc.. I need to see If I have any relatives in New Brunswick. Quote Link to comment Share on other sites More sharing options...
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