cczech0318
Junior Member
I live in Minnesota, but the potential defendant is located in New York
I recently purchased a computer through an individual I found on EBay. I was looking on EBay for a z558 HP computer. I found a heading that matched what I was looking for. The posting also claimed that the computer was new and not refurbished. The coputer he sent was not a z558, but an upgraded z545, a previous version of the sames computer series. He claims that since in the full product description in his EBay posting stated that the computer is a z500 series computer that he has not misleading and the the z558 heading he used for his posting was merely for reference purposes. No where in the body of the product description does it state that the computer is not a z558. Also in his email communication that confirmed our verbal agreement concernign my purchase of the product he led of his email by sharing his bank information so I could send a payment for a "brand new HP z558 PC".
When I received the computer I also called HP to ask some questions about the product. When I gave HP the product and serial numbers they told me that the computer is in fact refurbished and was previously owned, indicated by the previous active warranty on the product that ran from 3/200 to 6/2005. He continue to dispte this fact.
Initially he said I could return the product, but that he would charge me a 40% restocking fee. I paid $1,799 for the product. Through subsequent communications he has since dropped his "restocking fee" to $200. I informed him I was willing to not seek payment for the shipping costs onvolved with our transactions, which are over $100, if he would simply agree to refund me the full $1,799. He declined this offer.
I would like to pursue this case, but I have a few questions:
1. Since he lives in New York I have been informed I would need to file the case in his local court system. Can I include incurred travel expenses that I would incur to pursue this case in my claim?
2. Tough this is a small claims matter, should I obtain legal representation since the proceedings would occure in a legal systme I am not familiar with?
3. Is there way, if the other party were to agree, to have this case reviewed by an independent arbitratot, instead of the case going to small claims court?
Any answers to these questions are appreciated. I feel 100% confident, given the weight of evidence, that I would win this case. I just want to be sure I am doing the right thing and that I am well prepared.
I recently purchased a computer through an individual I found on EBay. I was looking on EBay for a z558 HP computer. I found a heading that matched what I was looking for. The posting also claimed that the computer was new and not refurbished. The coputer he sent was not a z558, but an upgraded z545, a previous version of the sames computer series. He claims that since in the full product description in his EBay posting stated that the computer is a z500 series computer that he has not misleading and the the z558 heading he used for his posting was merely for reference purposes. No where in the body of the product description does it state that the computer is not a z558. Also in his email communication that confirmed our verbal agreement concernign my purchase of the product he led of his email by sharing his bank information so I could send a payment for a "brand new HP z558 PC".
When I received the computer I also called HP to ask some questions about the product. When I gave HP the product and serial numbers they told me that the computer is in fact refurbished and was previously owned, indicated by the previous active warranty on the product that ran from 3/200 to 6/2005. He continue to dispte this fact.
Initially he said I could return the product, but that he would charge me a 40% restocking fee. I paid $1,799 for the product. Through subsequent communications he has since dropped his "restocking fee" to $200. I informed him I was willing to not seek payment for the shipping costs onvolved with our transactions, which are over $100, if he would simply agree to refund me the full $1,799. He declined this offer.
I would like to pursue this case, but I have a few questions:
1. Since he lives in New York I have been informed I would need to file the case in his local court system. Can I include incurred travel expenses that I would incur to pursue this case in my claim?
2. Tough this is a small claims matter, should I obtain legal representation since the proceedings would occure in a legal systme I am not familiar with?
3. Is there way, if the other party were to agree, to have this case reviewed by an independent arbitratot, instead of the case going to small claims court?
Any answers to these questions are appreciated. I feel 100% confident, given the weight of evidence, that I would win this case. I just want to be sure I am doing the right thing and that I am well prepared.