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-   -   $3500.00 chargeback (https://www.aspkin.com/forums/paypal-talk/33543-3500-00-chargeback.html)

flyinbo 07-03-2011 04:35 PM

$3500.00 chargeback
 
long story. these were not sold not through ebay but on a public forum classified section.

i was selling a set of very valuable electric guitar pickups/ the little metal boxes that pickup vibrations of the strings and sends it to the amp.

they are small, roughly the size and shape of a cigarette pack, and all enclosed, permanently seal, welded shut.

most of the other bidders had asked if they turn out to be the high offer, could i cut through the welds and show them the insides (wiring coils) before they send payment, to which i said ok.

turned out the guy that was the high bidder, did not want me to open them, but leave them sealed. i repeatedly requested that i open them so not only could he see what he was getting, but that i could see what they looked like inside. i eventually told him "well, if i cant open them so we can see what the valuable stuff inside looks like, then i cant refund you if you ever open them because then you could swap components and i would have no way of knowing.

he finally said that he wanted them sealed, and if he ever opened them, he would give up any refund rights.

Quote:

Sure. Here ill put it in writing for your records.

If I choose to open the pickups, a 1959 set of original PAF's, then I void a full refund.

Selling them to me unopened, you guarantee to the best of your ability that the covers of these pickups have never been opened, are 100% original, and are 100% original to the guitar, 1959 PAF pickups.

Josh
i said, ok. deal.

about a week after he got them he contacted me, and asked if i ever opened them (requires gringing or melting off the welds),,,,,,, i replied back "no, ive never had them open"

at this point i asked him if he was not happy with them, and would he like to return them for a refund, to which he replid "Oh man, i love them, no everything is fine. so i figured we were all done.

then about a month later, he contacts me and says he has taken them apart becuase one of them had a problem and stopped working, which required burning through the places where they are sealed with a soldering iron, and says that while he was "fixing" the problem, he has decided that part of the insides has been rebuilt, and wants to send them back.

i told him i would not refund him now, that we had a written agreement that he sent me. i also reminded him that i tried to refund him once when he had questions about them, before he altered them.

now his amex has charged it back, and i have negative 3500. i have no idea where the pickups are at this point, and frankly dont want them back now.

what will likely happen? i have contacted paypal and sent them all our discussions, like the agreement he sent me, and me trying to refund him before he tampered with them.

what should i expect? is there anything else i can do?

scammed.

GrannyT 07-03-2011 04:43 PM

:eek:. Wow. :eek:

Shikimaru17 07-03-2011 05:02 PM

Sorry man.

the fabricator 07-03-2011 05:14 PM

Don't use Paypal. Use Google Checkout. Paypal is bullsh*t.

Sell4more2 07-03-2011 05:19 PM

Get a lawyer, and file a claim against the buyer. It might scare him and he will cancel the

charge back. And tell him you will report him to IC3.gov the FBI :) All above will work if

you are truly being scammed. Good Luck!

TGMT² 07-03-2011 05:19 PM

Quote:

Originally Posted by flyinbo (Post 246195)
what should i expect? is there anything else i can do?

Fully expect the Charge-back to go through, meaning in the Customers favor.

Your Best option to to get your merchandise back if there is any hope for that at all.

GreenBean 07-03-2011 05:54 PM

Quote:

Originally Posted by flyinbo (Post 246195)
long story. these were not sold not through ebay but on a public forum classified section.

now his amex has charged it back, and i have negative 3500. i have no idea where the pickups are at this point, and frankly dont want them back now.

what will likely happen? i have contacted paypal and sent them all our discussions, like the agreement he sent me, and me trying to refund him before he tampered with them.

what should i expect? is there anything else i can do?

scammed.

He saw you coming that's for sure. AMEX as a method of payment, off ebay transaction and words written that might not be worth the paper they are written on.

Stop speaking to paypal. You are wasting your time.
Find an attorney.
File a counterclaim against AMEX.
Get everything notarized by the attorney.
Let the ATTORNEY decide which of the various state and federal laws may have been violated.
Be proactive pursuing your rights.
Whilst I have sympathy towards your case, your own lack of due dilligence in establishing a correct way to sell these goods has some bearing on what has happened.
Good Luck

besttimedeals 07-03-2011 07:11 PM

AMEX chargeback might as well be automatic, because paypal will never help you. It is going to come down to whether it is cost effective to hire an attorney to fight, which in certain cases seems to be a 5K threshold.

Gamefreak 07-03-2011 10:14 PM

If this is a legit paypal account well you will be out 3500 bucks but you never know. Submit your case to paypal but man Amex is a total b!tch to deal with for chargebacks.

lulbert 07-04-2011 12:12 AM

id threaten him with a bunch of legal stuff and scare the crap outta him.

flyinbo 07-04-2011 12:24 AM

well it does not sound promising. i guess im just an idiot when it comes to legal leverage.

i have already told paypal that win or lose, i will never pay the 3500 dollars because i made a deal with the man, and he welched.

besides that i dont even know where the items are now. i guess he still has them.

are there lawyers that will consult with me for free on the matter? does it sound like i have a chance with an attorny if all i say is true?

TGMT² 07-04-2011 12:45 AM

Best course of action IMO is to call your customer and if that doesn't help then revisit GreenBean's post.

http://www.aspkin.com/forums/paypal-...tml#post246210

Good Luck on whatever you decide.

Legal experts we are not.


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