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Post by superflytnt on Jul 2, 2008 20:30:12 GMT -5
So I got a SUHWEEET deal on some ebay goods, and then the guy emails me this morning saying his 'items were all stolen Thursday' and he refunded my money. There is NO way I can get the same deal anywhere.
So, I emailed him back saying that he would have to provide proof of loss such as a copy of the police report otherwise I would assume fraud due to his interest in getting more money for the items, and would take legal action against him.
So, assuming that he is a liar and was just salty that he got 19.00 for 120$ in stuff, do you think I could take him to small claims court and get 101$ in damages as he was negligent in not shipping sooner which would've avoided the theft of MY goods (since I paid) and further as he has no PROOF of the theft he attempted to defraud me?
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phoenixflood
30 Point Warrior
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Posts: 541
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Post by phoenixflood on Jul 2, 2008 21:37:02 GMT -5
I think you might have something. The funny thing is how he didn't mention what else was stolen. I think that if you can prove that the items are worth the amount you're saying they are then his insurance should cover his loss. Whatever amount the insurance company says they are worth is what you should get. Really he entered into a contract with you for those items and should have to provide those items to you. Can we say Judge show anyone ;D
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Post by webhead817 on Jul 2, 2008 22:23:23 GMT -5
You might have a case if the same seller relisted the items later maybe? That would seem to prove the fraud on his part.
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Post by ionicdesign on Jul 2, 2008 22:25:38 GMT -5
Hmmmm interesting, shame he's not following through on the sale whatever the case. I would keep an eye on his listings in the near future to be sure either way, and if any of the items come up again he's clearly defrauding you.
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Post by superflytnt on Jul 3, 2008 7:29:06 GMT -5
Personally I don't care if he relists. My argument is that unless he can show proof of loss by providing me a police report (someone steals 6 ebayer's purchases from you, you generally call the cops) then I am safe in assuming. I can easily prove fair market value is far above that of the refund he provided, hence I either need replacement items or monetary compensation to go out and get the same items.
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Post by Radar on Jul 3, 2008 10:15:25 GMT -5
Yeah it makes sense, but I could also see a judge ruling that you purchased an item at a value of $19 and that was refunded. I understand that technically eBay is supposed to be a legal contract, but I could see a judgement going either way. I suppose if it doesn't cost much money to take someone to small claims court, it might be worth the effort.
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Post by malform on Jul 3, 2008 10:37:48 GMT -5
I would love to see Pete on judge Judy... Watch it every day (well, most every day) after work.
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Post by superflytnt on Jul 3, 2008 13:26:45 GMT -5
I'd wear my Macho Man Randy Savage glasses and say "OOOOHHHHMMMM Yeah, Come Get Some Judge Judy oooooooooh heeeeeeeeeayaaaaah"
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Post by superflytnt on Jul 3, 2008 13:29:49 GMT -5
Here's the ENTIRE Story...I got 15 auctions won in 2 minutes on June 23rd from this seller. No word until the 2nd where he sent me a PayPal refund stating... -------------------------------------------------------------------------------- Total Amount: $19.06 USD Date: Jul. 2, 2008 Time: 06:18:36 PDT Status: Pending
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Subject: Marshall Black Note: All the mini's I sold on ebay last week were stolen from me when I was at work thursday. I have been waiting on Ebay to tell me what to do is why it has taken till now to issue refunds. Please dont give me negative feedback. I am really sorry. ---------------------------------------------------------------------------------------------
I then responded with:
I will expect proof of loss, such as a copy of the police report stating such loss or I will be forced to assume that you simply chose not to sell it as you did not get the price you wished to get, therefore resulting in fraud, in which case I reserve the right to take legal actions to recover losses on said product. Thank You, Pete
To Which He Responded:
I got way more than I was expecting for the miniatures. Over a $1000, and the only reason I sold them is because I need to catch up on bills from my wife finishing school. Now I am in a huge bind. If I wanted a particular price I could have put reserves on them.
To Which I responded:
I'm really sorry to hear that you're having some financial trouble - I know how that is. The problem on my side is that you entered into a contract with me, and failed to fulfill your end of it. Like I said, if you can illustrate for me that there was indeed a loss (not that I don't believe you necessarily, I simply don't know you) since there was certainly a police report filed if someone stole 1000$ of goods, after all that is a Felony and you could get insurance money for it, then you can provide the proof. If you cannot in some fashion provide me some proof of the theft then I am well within my rights to take you to small claims for the loss. The fact is that I got quite the bargain and in order to replace the items you refused to ship after receiving payment, based upon fair market value of the figures(using Ebay Store Prices for the same items in similar condition) would be about 100-120$. That being said, including the refund you gave me (which I do appreciate) I'm still out 100$ or so due to either your negligence in not shipping them earlier which would've prevented the loss if it truly did occur (which I would never think of pressing you on - heck I've waited 4 days to ship before), or due to the fact that there was no theft (or you can produce no evidence of) and you are simply willfully breaching our legal contract that is binding under the laws of the Stae Of California (see findlaw.com for cases of being sued for breach of contract and fraud). I'm not trying to be an ass here, I'm just enforcing my rights. If there was a theft, and I am truly sorry if there was - I've been robbed before and I know it sucks in all regards - then you SURELY had local law enforcement notified. I cannot fathom someone having 1000$ of goods stolen and not contacting local law enforcement. Since you would've contacted law enforcement, there is a police report filed and a copy given to you. Fax or email me a copy and all is well, there's no problems and I sincerely, truly hope you find the piece of nuts that did it in a dark alley so you can exact your revenge. If you cannot provide any proof of theft, then unfortunately I can only assume that you are having seller's regret and I will absolutely follow up with Ebay and Paypal to get your State and County of residence so I can file a claim in small claims court. I will also add that I am a regional sales manager for a large electronics assembly equipment firm (www.tycoautomation.com) and travel the country weekly, so I do indeed have the means to carry out my will if I am pressed to do so. I truly do not wish to add to your troubles, and I suspect that you indeed were robbed and this is a sad chapter in your life you wish to close as soon as possible. I would never think of providing bad feedback to you unless fully justified in doing so. I will await your response, and if you can provide me proof of loss I will provide you good feedback as you've been nice enough to respond to me and keep me informed of the situation. I await your response or your copy of the report, and have a wonderful day! Best Regards, Pete
Under CA Law, breach of contract is a pretty high bar. It's clear that the person was either negligent by not shipping sooner and/or was never robbed as he didn't offer to give me the report on the counterargument he sent. Thus, I have grounds to show loss. I got 15 SW Minis in Mint/NM condition with each being about 3-8$ a piece in Ebay Stores and at CCGArmory. It ended up being about 120$. The fact that I now have to replace the items he unlawfully refused to ship means I am out 100$. Shopping on Ebay is not like going to a store online - when you list something you are bound by CA law and are contractually obligated to ship something that you have offered up to the winning bidder. The fact that I paid and he then comes back more than a week later with the "I got robbed at work" and they stole TOYS...Doesn't cut the mustard. First, if he was robbed at work he should have called a supervisor and reported it at the MINIMUM, which would've aided in recovery of the items. If he didn't do that, he should've CALLED THE COPS as he was robbed for 1000$ in items which is a FELONY IN EVERY STATE. Seeing as he was robbed at work the cops would've immediately searched and questioned the people working there. They could have recovered the items.
All in all, the guy is a liar and a cheat if he doesn't produce the police report and I will go anywhere in the US to sue him and get my figures. Time for the screwee to become the screwer!!!!
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AWOL
40 Point Warrior
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Posts: 820
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Post by AWOL on Jul 3, 2008 16:36:45 GMT -5
I think he's lying too. But since he refunded the amount of money you had paid, I don't think much will be gained going to court. I think the judge would simply say that he refunded you what you paid, and that he's not liable for your decision to seek the same merchandise elsewhere, regardless of the price difference. After all, he gave you your money back. He's either an idiot for selling the products so cheap, or he's a liar and a bad business man. But either way, I don't think he's gonna be found liable for your decision to purchase the same merchandise from someone else after he reneged on his contract with you. He might just be a bad business man, so since you got your money back from him, I'd just leave it at that and never purchase from him again.
It wasn't part of his contract to refund you anymore than the price you paid for the merchandise. I think any judge would say it was completely your own business to go ahead and purchase the merchandise at a higher cost, and that the defendant in this case is not bound to the consequences of your course of action (which was not part of the contract).
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griffey
10 Point Trooper
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Post by griffey on Jul 3, 2008 16:46:38 GMT -5
That's a bit stupid on both parts. l
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Post by dallascowboy on Jul 12, 2008 19:10:23 GMT -5
He gave you your money back. what's the point
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Post by Radar on Jul 12, 2008 23:38:56 GMT -5
While you are certainly both entitled to your opinions, the point is that some one likely broke a legal contract. If we allow this to be the standard in our society, we set ourselves up for failure.
As far as I can tell, SuperFlyTNT is well within his rights to seek compensation. More so, he should attempt to get this rectified so this guy doesn't continue to pull this stunt when other people try to buy from him.
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Locke333
30 Point Warrior
"Don't mistake coincidence for fate."
Posts: 756
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Post by Locke333 on Jul 13, 2008 5:26:10 GMT -5
I agree Superfly, exercise your rights. (Who takes SW Minis to work, anyway? )
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Post by superflytnt on Jul 13, 2008 18:06:49 GMT -5
Well, the guy actually produced proof that he was robbed, so I let it go. Felt bad really.
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