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PS3 Sale went south badly

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gamster

Junior Member
What is the name of your state? Oklahama
Defendent lives in Califorinia.

I sold an individual a Pre-sale on a PS3 for $1420.03 , he paid thru paypal on time, in my Auction I specifically stated
" Due to the High Demand of this system, there will be no Returns or Refunds after the system has been shipped, the buyer agrees to go through Manufacturers warranty for any possible defects in the product and agrees to file the proper insurance claim if it is lost or damaged in the shipping. Signature Receipt confirmation will be required"

PS3 were released on the 17th of Nov 2006, Free UPS ground shipping, Insured with Signiture Required, I shipped on the 17th as promised tracking number confirmed this, Buyer refused shipment and then requested a refund thru paypal.

Both my Paypal and Ebay accounts were locked prior to shipping, which they wanted proof of delivery, which I provided with the tracking number and after he refused the shipment. PayPal went in favor of the buyer on Dec 14, 2006 and issued him a refund, which I did not have enough funds, I had about $212 so they refunded $1000 at first to the buyer, which put my account in a negitive, I transfered funds on the Dec 14th from my bank to bring my balance to Zero, It took paypal a week to transfer the fund, on the day the additional funds were placed into my account the buyer filled a complaint with his credit card company and has reversed the charges for the Balance of which he did not get on Dec 14th, which was $420.03 which this portion is double dipping.

On top of all of this since my account has been locked by Ebay and PayPal because he refused an Auction that I believe is a binding contract I was not able to list the other 8 PS3 that I was going to list on Ebay, If I would have been able to list the other Auctions on time I would have made about $300 profit from each unit.

This Person bought 10 PS3 from other people and was expecting the price to go up. He backed out of at least one other auction that I know of and sold 5 of them that was purchaced from presales, He lost money and refused mine so he would not loose more money, which was not my fault. As history has shown you have to sell these hot item within the first day or two to make money. But with my acount being locked I could not do this, because of this individuals actions.

So I have several questions, can I file in a small claims court, I do not want to have to travel to california to dispute this.
Can I have a lawyer show up in my place? and if I do get a laywer will I get money back for his fee's also?
Trying to find out what my options might be.What is the name of your state?What is the name of your state?
 
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gamster

Junior Member
You got the game system back, the buyer got his money back, you have nothing to sue for.
Thats what the problem was, or part of it anyways, These type of Auctions are time sensitive, and in my Auction/Binding Contract I specifically mentioned once shipped no returns or refunds would be allowed.

Or is just refusing an Auction OK, and not breaking the contract. In this situation I returned the PS3 to the Store because the value has dropped so much that it was not worth it, Now I had 8 other PS3 Also, 5 of which I paid people to stand in line for and I took a lose on them also. But because he refused the shipment and filed claim with paypal, my account has been and still is frozen. Also I paid him in full and he filed another claim thru his credit card, which is double dipping Fraud.
 

empsystem

Junior Member
Thats what the problem was, or part of it anyways, These type of Auctions are time sensitive, and in my Auction/Binding Contract I specifically mentioned once shipped no returns or refunds would be allowed.

Or is just refusing an Auction OK, and not breaking the contract. In this situation I returned the PS3 to the Store because the value has dropped so much that it was not worth it, Now I had 8 other PS3 Also, 5 of which I paid people to stand in line for and I took a lose on them also. But because he refused the shipment and filed claim with paypal, my account has been and still is frozen. Also I paid him in full and he filed another claim thru his credit card, which is double dipping Fraud.
To my knowledge, you can hire a lawyer to represent you, if you want to be in court, though I don't know what you would be suing for.
What was the reason the buyer used to file a refund on PayPal?
 

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