I ordered an expensive piece of electronics off ebay. It was used but said to work. I paid 180 dollars for shipping on a 1000 purchase. Insurance wasn't really discussed, I guess I thought it was a matter of course.
Item arrived badly beat up and non functional. It wasn't even packaged. Simply laid down in a cardboard box (it weighs 70 lbs) and shipped. We spent months going through the shipping claims process. So long I am apparently no longer covered through paypal.
Not only was the item damaged, but it differed significantly from what was described in the auction. I have all our emails, receipt and pictures of the item.
Do I have a strong small claims case? If so, why? And what can I say in a threatening email to this guy to get my money back, so we don't have to go to court? (he's a college kid, seems otherwise responsible, I want to scare some sense into him).
thanks a million...
2006-10-05 03:15:14 · 10 answers · asked by gravvyboat 2 in Business & Finance ➔ Other - Business & Finance
You may have a case for small claims but you will need to check into where it should be filed. I think that you have to file it in the county that the merchandise was sold in which may mean his state. You will want to consider the cost of filing the claim, service fees for the process server, long distance phone calls and the cost of traveling to the court if he disputes the claim. Also if you win the case then you still have to recover against the kid, you will have a judgment but still no money. Maybe the best way to handle this would be through eBay, leave a feedback that is sufficiently negative that he will have a problem selling anything else (if he is a regular seller). Also see if eBay has a problem resolution department, explain to them what happened. The only other alternative I can think of would be to talk to an attorney in his state that can send him a letter at school. Or maybe talk to someone at the school and see if they can help you. Good Luck.
2006-10-05 03:33:02 · answer #1 · answered by brendagho 4 · 0⤊ 0⤋
I guess ebay is a good place to sell off all your old garbage and get money for it instead if just throwing it away. You can always threraten to sue, but you'd have to make a complaint in his local court, so if it is a long distance case it might be more trouble than it's worth.
Seems to me that he has a liability if the packing of this thing was improper, also if it is not the same thing offered. Expensive stuff like this should always be insured, so the whole issue of the shipping method may be key. But, you were dealing with a college kid who only wanted to get the money and to get the thing out the door; whatever happened after that was not a concern of his.
This is why I do not buy stuff on ebay. I figure it's mostly overpriced garbage people want to unload on unsuspecting victims.
2006-10-05 03:26:41 · answer #2 · answered by Kokopelli 7 · 0⤊ 0⤋
Was insurance offered? If it was, you might not. It would just be a buyer beware. If you can prove that the item is not how it was represented, then you might. DO NOT send any threatening emails if you intend on taking it to small claims. That will hurt you. State what you are planning to do, but don't make it threatening.
Like the first person said, try a claim with the credit card company and see if they may be able to give you your money back.
2006-10-05 03:21:32 · answer #3 · answered by Erin 3 · 0⤊ 0⤋
I would report this to the top person of ebay. Also go to small claims court with all your paperwork, and they will tell you immediately what your chances are. I would say pretty good. I always work on a system of, pay 50%, and balance on receipt of goods and inspection. Dont let him get away with it, as that is a lot of money. Pursue your claim. A threatening email, I dont think is the way to go. Write a formal request to this person, and stipulate what your intentions are, so that he has been warned. Good luck
2006-10-05 03:25:51 · answer #4 · answered by Vonnie S 4 · 0⤊ 0⤋
as an ebay seller myself,,the description of the item should be ,,to the best ability of the seller,,the best description possible as so there's no confusion to the condition or shape the item is.we as sellers also have the responsibility to wrap,,cushion,,bubble wrap,,anything to protect the item when it is shipped.with good packing ,,it should get to you in the shape that you expect it to..once the post office or ups or FedEx gets their hands on it,,and it gets tossed around some,,there might be damage to the box but the item inside should be protected as best we can before handing it over to the post office.....i would say you do have a small claims case which i know nothing about as all my customers haven't had to take that action against me. talk to a small claims lawyer.....
2006-10-05 03:34:08 · answer #5 · answered by ggmsixer 5 · 0⤊ 0⤋
i'm really not sure how the law falls there. if what you have, the receipts and things would qualify as a legal contract stating you purchased x for $1000.00, then yeah i would say you have a strong case. small claims doesn't really require much cuz there are no attorneys etc. involved so, it wouldn't hurt to file a claim. tell him you're taking him to court. but, does he live in your area? good luck finding him if he decides not to take it seriously. that's the bad thing with small claims...you're pretty much on your own for everything.
2006-10-05 03:26:58 · answer #6 · answered by practicalwizard 6 · 0⤊ 0⤋
Did you pay for it with a credit card? Can you dispute it that way? You could probably do small cliams court, but by the time you pay filing fees and transport to court, time off work, etc., it may not be worth it financially.
Lesson learned, next time you get an item that's damaged, dispute it immediately.
Good luck!
2006-10-05 03:18:17 · answer #7 · answered by personal_finance_101 3 · 0⤊ 0⤋
Don't threaten the seller anymore. You can also go to one of those Judge Judy kind of show at least to get your money back. Since it cost you $1,000.00 you should have insured the item as well as the seller should have packaged the item properly too. $180.00 for shipping is a lot of money and should have been packaged perfectly.
2006-10-05 03:26:21 · answer #8 · answered by arecibena_ausente 3 · 0⤊ 0⤋
You can file a claim with your credit card company anytime within six months after the purchase. I think you have a good small claims case, too. You could also report him to eBay.
2006-10-05 03:23:59 · answer #9 · answered by Daddy of 5 4 · 0⤊ 0⤋
Have you try getting back to him?
e-Bay is not responsible, (it tells you, from the beginning).
One time I order a pc., from e-Bay. Yes, I received it. But somehow, someone, used my credit card again. Right away a call the bank, and I received credit for the full amount!
2006-10-05 03:26:41 · answer #10 · answered by alfonso 5 · 0⤊ 0⤋