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CA resident threatens to sue FL resident for $20 + merchandise

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guppie

Junior Member
What is the name of your state? FL

I will try to make this brief, but I would just like to know what I'm in for...

I agreed to purchase "professionally packed" 2-month old mountain bike wheels from someone in CA for $190 shipped via UPS paid via PayPal (non-eBay transaction). 30 days and 1 email later wheels arrived warped and covered in dirt with no protective padding inside. I contact seller that same day to arrange full or partial refund to remedy situation. Seller tells me no way, wheels were dropped off at bike shop to be packed/shipped and wheels sold "AS-IS". Also he tells me that CEO of PayPal lives nextdoor and "good luck" getting money back as there is no buyer protection since this was a non-eBay transaction. He also tells me that if I return ship wheels back, he will "refuse shipment" in addition to him moving to a new address. It was impossible for me to have damaged the wheels myself considering I was at work all day and I had contacted him in less than 24 hours upon receiving wheels from UPS.

Several emails later, I manage to only collect $20 refund as he said he would split cost of wheel repair since his bike shop said it shouldn't cost more than $40 to repair.

I further pursue refund with VISA and manage to get full reund back from PayPal, who I assume got money back from seller, because seller is now contacting me to send wheels back and give $20 back...

During the interim, I had wheels repaired for $90 which is what helped my case with VISA to get money back as proof the wheels were damaged/falsely represented. I informed the person that I would be willing to ship the wheels back, but he would have to remburse me for the repairs ($90) + shipping ($25) - refund ($20). Obviously I would return these as close as possible to their "original condition" without any protective packaging.

The person from CA is harrassing me with emails about interstate trade laws, fraud and law suits that I will have to appear in CA to defend myself... Its ironic how he considers himself the victim when he did nothging to remedy the situation except insult me with $20 refund and tell me "good luck" getting money back cuz I'm moving. At the time, I even offered him to take the wheels back and refund me minus shipping so I was willing to take a $25 loss from the beggining.

What are the implications, if any, should he file a law suit or whatever? Will I have to appear in CA? To me, this is a classic case of the saying, "what goes around comes around..." and he got his and now he's upset?!?!?!
 


seniorjudge

Senior Member
guppie said:
What is the name of your state? FL

I will try to make this brief, but I would just like to know what I'm in for...

I agreed to purchase "professionally packed" 2-month old mountain bike wheels from someone in CA for $190 shipped via UPS paid via PayPal (non-eBay transaction). 30 days and 1 email later wheels arrived warped and covered in dirt with no protective padding inside. I contact seller that same day to arrange full or partial refund to remedy situation. Seller tells me no way, wheels were dropped off at bike shop to be packed/shipped and wheels sold "AS-IS". Also he tells me that CEO of PayPal lives nextdoor and "good luck" getting money back as there is no buyer protection since this was a non-eBay transaction. He also tells me that if I return ship wheels back, he will "refuse shipment" in addition to him moving to a new address. It was impossible for me to have damaged the wheels myself considering I was at work all day and I had contacted him in less than 24 hours upon receiving wheels from UPS.

Several emails later, I manage to only collect $20 refund as he said he would split cost of wheel repair since his bike shop said it shouldn't cost more than $40 to repair.

I further pursue refund with VISA and manage to get full reund back from PayPal, who I assume got money back from seller, because seller is now contacting me to send wheels back and give $20 back...

During the interim, I had wheels repaired for $90 which is what helped my case with VISA to get money back as proof the wheels were damaged/falsely represented. I informed the person that I would be willing to ship the wheels back, but he would have to remburse me for the repairs ($90) + shipping ($25) - refund ($20). Obviously I would return these as close as possible to their "original condition" without any protective packaging.

The person from CA is harrassing me with emails about interstate trade laws, fraud and law suits that I will have to appear in CA to defend myself... Its ironic how he considers himself the victim when he did nothging to remedy the situation except insult me with $20 refund and tell me "good luck" getting money back cuz I'm moving. At the time, I even offered him to take the wheels back and refund me minus shipping so I was willing to take a $25 loss from the beggining.

What are the implications, if any, should he file a law suit or whatever? Will I have to appear in CA? To me, this is a classic case of the saying, "what goes around comes around..." and he got his and now he's upset?!?!?!
Tell him to come to Florida and sue you or bite rocks...his choice.
 

guppie

Junior Member
hehehe...

Thanks for the vote of confidence and satisfaction. I was pretty upset when I received the wheels and I felt as if I had been duped with a set of bogus wheels. I took it as a $100 lesson learned to ONLY do business with reputable online sellers and eBay and always use PayPal and/or VISA in the event something goes wrong.

It makes me even more upset that he had the audacity to threaten me with a law suit for a problem he created and wasn't willing to remedy within reason.

This is forum is definitely a valuable resource worth spreading the word about...
 

part timer

Junior Member
This sounds exactlythe same as a situation I had with some one from CA.
Sent me broken merchandise and I went through a pay pal resolution process. He said "Go ahead and file a claim with pay pal, they will do nothing about this. The item was sold AS IS." Within five days I had all my money back including shipping. During the dispute process he threatend to file suit in CA and I would have to come there and defend my self. His comment was Hope you can afford the plane ticket! I guess he realized the CA courts don't allow for out of state suits in small claims court. He told me he would be suing for the max in CA $5000. I am still waiting.
 

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