Being sued, after being screwed

[bigdjames]

I bought my computer in July 00 through a company who listed it on ebay auctions. The computer has had major problems since day 1. The computer was supposed to have a 3 year warranty so I tried to get the problems resolved through their tech support. I spent two full months and countless hours on the phone with them before they did a thing to help. After also trying to resolve things on my own, they finally said they wanted to bring the computer in for "repair". What they meant was that I was supposed to pay for shipping to them and be without any computer for weeks while they try to fix it at their leisure ( the auction said nothing about this). This was not even possible for me b/c i have to use my computer every day for school. I explained this to the company and their response is oh well. Up until this time I had been completely patient and proffesional to the company, but this finally made me very angry. I told them that I was going to email every bidder on every one of their auctions and let them know exactly what this company had done to me. I kept calling the company and they came up with different reasons for me to stop sending the emails but I continued. Finally they said that what I was doing was illegal and all further correspondance on the matter would be handled through their attorneys. I called and asked to speak to their attorneys and they put me on hold for a long time and then said that they would see me in court and hung up. I do not know how what I am doing could possibly be illegal. I would appreciate any advice on if the company has any real basis to sue me over or if they are just bluffing. We are in different states if that matters. Thanks, Danny

 

[JETX]

What you are doing COULD be considered "Interference with Trade". However, the likelihood of them even considering the cost of prosecution is extremely unlikely in my opinion. There 'threat' of legal action was shown to be hollow as would be likely further action on their part.

But, back to this issue of defective computer. How did you pay for the item?? If by credit card (either direct or PayPal or another online credit card), you MIGHT still be able to dispute the payment to the credit card company. Even if your right to dispute has expired, you can certainly ask them to 'charge-back' the charge to the merchant. Also, you could file a complaint with the merchants local BBB. Finally, assuming that the US Postal was involved at some step, you might even be able to claim mail fraud.

In the least, you can continue your 'buzzing like a mosquito' by emailing their bidders... at least until eBay kicks you off.


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!