Help!! Please!! Craig List / Sued.

[JT_Detailing]

What is the name of your state? FloridaI am being sued by Boyko & Grieble attorneys at law, this was issued to me on January 3, 2008.

I’m wanting to know if this can be done or are they trying to bluff me cause I am only 19 years old.

This is a small story of how this had happened.

I have a bowflex for sale on Craig list, I needed a picture of a bowflex in full not in pieces / boxed up like mine was. I put up a actual picture from bow flexes website. I had said I am looking for 750, fairly new.

I had gotten a email from the buyer and he had wanted to come to my residents to come check it all out. I agreed I had 2 witnesses their to see the sale.
No bill of sale was drawn up or receipt was made for the cash he handed me and the bowflex that was giving to him.

Now the day he showed up we were having a yard sale, the bowflex was out their if anyone wanted it they could have bought it. He pulled up he looked at it and he was wrapped with proper wrapping and tape.

He peeled some of it off and said “ ok this is perfect, lets load it up “ I loaded it up in his car, he handed me $750.00 dollars cash.

Now days later he calls me up claiming I sold him the wrong bowflex / it was beat up. I bought this with the bowflex credit card 4 months ago, it’ll make 4 months on the 23rd of jan. I hardly ever used it so I sold it and lost a lot of money on the sale. Now he wanted me to give him a full refund and I declined it. He said It was damaged when he had it, though their was no damage when it left. I’m not taking damaged property back after days later. Though this was a yard sale item, he bought it as a yard sale item. AS IS SALE like I told him when he was loading it up and he agreed.

Now I feel he had “ buyers remorse “and didn’t feel like he wanted a bowflex anymore and he dinged it up his self.

Now this is where it gets heavy in the legal out look. The lawyer wants me to pay $2,250.00 in the next 10 days other wise he’ll be suing me for false pretense or fraudulent deception. They want me to pay 3 times the amount of what he paid for the bowflex.

How can they even sue me when there is no proof of payment. No check, no bill of sale, no bank statements, no receipt, nothing.

Is there anything I can do to protect my self, I feel like I am being out smarted.

 

[JETX]

Is there anything I can do to protect my self, I feel like I am being out smarted.

You really can't do anything at this point to stop them from filing a lawsuit if that is what they intend to do.
However, if they do file, show up in court and present your case just as you have here... "as is sale".. If the system works as it should.... the court should NOT render against you.

 

[IrishNodak]

So all you got so far was the letter?

Ignore the letter and don't have any further contact with the buyer. As Jet said, let them sue you. You have a good case because it is an "as is" sale whether it was sold at the yard sale or on Craigslist. You didn't offer any return policy or warranty on CL did you?

 

[JT_Detailing]

He said I miss listed the item, which I may have considering I didn't know a single thing about the product but regardless he still came and checked it out. Had he known he was buying a diff modle he should have spoke up sooner correct?

More so never said any return policy or as is on CL, I told him "AS IS" in person.

 

[JETX]

He said I miss listed the item, which I may have considering I didn't know a single thing about the product but regardless he still came and checked it out. Had he known he was buying a diff modle he should have spoke up sooner correct?

The main issue raised in your initial post was that the buyer was claiming you "sold him the wrong bowflex / it was beat up" and "He said It was damaged when he had it, though their was no damage when it left. I’m not taking damaged property back after days later".

Now you say that his claim is that your craig list ad "miss listed the item" (sic). That is a completely separate issue.
If he shows up in court with your ad showing that you are selling model "ABC" and you delivered model "XYZ" to him, he will probably have a pretty good case against you. This is NOT the same thing.

 

[JT_Detailing]

The main issue raised in your initial post was that the buyer was claiming you "sold him the wrong bowflex / it was beat up" and "He said It was damaged when he had it, though their was no damage when it left. I’m not taking damaged property back after days later".

Now you say that his claim is that your craig list ad "miss listed the item" (sic). That is a completely separate issue.
If he shows up in court with your ad showing that you are selling model "ABC" and you delivered model "XYZ" to him, he will probably have a pretty good case against you. This is NOT the same thing.

Right I was thinking the very same thing only if I shipped him "XYZ" when he bought "ABC"
But the ad was up on CL he seen it, he emailed me and had said that he was going to come by and check it out. Here are a few emails he had sent me.

I have no problem with the price. If everything is there I will hand you the cash, done deal.

Now he looked over the package, he said that everything is their and that he is good to buy it. I helped load up the bowflex. Now this is where I get confused, he says I lied about the brand (ABC) is what he should have gotten how ever (ABC) is what was listed. Though the day he came on the 27th of dec we were having a yard sale. Now he came over looked at it and paid 750, now if knew it was (ABC) then why did it buy it knowing it was a (XYZ). Now couldn't I very well claim he never paid since there is no bill of sale / receipt ever made.

 

[SnowCajun]

I have a bowflex for sale on Craig list, I needed a picture of a bowflex in full not in pieces / boxed up like mine was. I put up a actual picture from bow flexes website. I had said I am looking for 750, fairly new. He pulled up he looked at it and he was wrapped with proper wrapping and tape. He peeled some of it off and said “ ok this is perfect, lets load it up “ I loaded it up in his car, he handed me $750.00 dollars cash.

Wow what a confusing mess, I've condensed your story here and there to pick at it with my views... First off if you'd actually used this machine, as you stated, how could it still be boxed up and "wrapped with the proper wrapping tape"? If you've had this Bowflex machine up and running in your house, even if for a few days, how is it he was having to "peel some of it off" to look at it?

I bought this with the bowflex credit card 4 months ago, it’ll make 4 months on the 23rd of jan. I hardly ever used it so I sold it and lost a lot of money on the sale. Now he wanted me to give him a full refund and I declined it.

I can't help but ask this question, I'm surprised no one else has honestly. If you purchased this less than four months prior on the Bowflex Credit Card then I have to ask, was it paid off totally before you sold it? If you say it's been totally paid off then one would have to wonder why you purchased it on their credit card in the first place instead of buying it outright and avoiding their high percentage rate!

If it's not been paid off in full yet and you default on the loan, now it can't even be returned to, or retrieved by, Bowflex because you've sold it to someone else for immediate cash, so either you're going to have to pay for this thing for years at their ridiculous percentage rate, plus possibly be in trouble for selling something not even paid for yet.

I've seen the Bowflex ads before that state, "buy this for $19.00 a month" .. so if you've done this that means you've only paid about $57.00 so far, the fourth payment not being due until January the 23rd as you stated, and you've already made $750.00 off of Bowflex's property. That's how you make it appear anyway! So tell us, is that what you've done? Maybe that's not my business, but you came here asking for help and this is what I've seen out of your response!

How can they even sue me when there is no proof of payment. No check, no bill of sale, no bank statements, no receipt, nothing. Is there anything I can do to protect my self, I feel like I am being out smarted.

I really don't know how can this guy even prove he ever purchased that from you in the first place? You stated that you communicated by email, but that isn't proof he ever showed up or actually purchased the item, unless he's tricked you into responding to more emails to him about giving his money back, or if you've spoken to his attorney! It sounds like you've run across someone in life trying to make money off of you. I looked up his attorneys, they're Personal Injury Attorneys, I find it odd they'd bother themselves with a $750.00 sale, actually it sounds more like he's paid them to write you a scare letter hoping you'll respond with $$$. The percentage they'd make off this certainly isn't worth the effort of a personal injury attorney, they're after mega bucks from big injury claims.

At the most I think he's trying to scare you, which it sounds as if he's succeeded in doing. Like I said, I can't see how they can ask for $2,250.00 when all he paid is $750.00 .. to give him more than he paid would be a "bonanza" and I'm not sure how they think they can ask for treble damages here! Last but not least, I think the other responders are right, this was a yard sale item at most, you didn't represent it as brand new and never used, he pulled open the package and looked at what he was buying and accepted the deal, and it was sold in "as is used condition" with no implied warranties or guaranties given. I'm not sure how he thinks he has a leg to stand on unless the item actually wasn't what you decribed it to be! If it's the same machine as you advertised it to be then he should just resell it himself. If it's not what you advertised then I fear you'll end up being responsible here.

SnowCajun

 

[JT_Detailing]

Well here is the thing, I paid off the bowflex just to make credit built up.

I repacked the entire bowflex when I first sold it to someone in NJ. I shipped the package to NJ, then when it got to NJ they decided they no longer wanted a bowflex. So it sat in my garage boxed up untill someone wanted to buy it again. The buyer came to look at it, he decided he wanted to buy it.

Few days later he decides to PM with the fact the bowflex is missing parts / dinged up. I responded back:

(these are all my emails after the date he asked for his money back)

BUYER'S Emails
SELLER'S Emails


The product I bought is not the Bowflex Extreme. This is the Bowflex Sport.

Take me to civil court, this is a 'as is' transaction. I didn't know their was any difference with the bowflex I had posted. Regardless, the deal is done and over with so you come to my house I will have no other choice but to call for trust passing. I no longer have the money, this was a 'as is deal' you either take it or you don't. I have no obligation to honor your request.

I have no desire to keep this Bowflex. This is not what was advertised and quite frankly it is rather beat up. I hope we can remedy this today and without incident. There are laws about misrepresentation of goods and this is surely a case of that.

Their is no proof of purchase. As that being said I had told you with witnesses around this was a 'as is deal' good luck proving other wise.

I have evey email you sent. Nothing about as is. I have prepaid legal. Hope you do too.

Now he stated how every email never stated "AS IS" I never said "AS IS" cause he never bought the bowflex he was only coming to look at the bowflex. After he said this is what he wanted, after he LOOKED over the bowflex he handed me 750, before he gave me money I told him this was a AS IS SALE. His word vs mine correct, though this time I now have witnesses correct?

Now even if I did sell him the wrong verison, with the fact I said 'AS IS' their isn't nothing he can do is there?

 

[Zigner]

According to you, you never opened the package after you received it back from the prior buyer in NJ. You may have been scammed, but it was by the NJ buyer, not this guy.

 

[JT_Detailing]

I'm not sure how he thinks he has a leg to stand on unless the item actually wasn't what you decribed it to be! If it's the same machine as you advertised it to be then he should just resell it himself. If it's not what you advertised then I fear you'll end up being responsible here.

SnowCajun[/QUOTE]

That is what I mention, I listed the item on CL ( ABC ) though it was the wrong item how ever when he showed up he bought (XYZ) Now he knew what he was getting when he came to the house. Why didn't he speak up then, why wait untill later.

 

[JT_Detailing]

According to you, you never opened the package after you received it back from the prior buyer in NJ. You may have been scammed, but it was by the NJ buyer, not this guy.

I reopened the package, I placed all the parts in side the garage, day of the yard sale it was all on my drive way.

He seen each and every peice, peice by peice.

 

[Zigner]

I reopened the package, I placed all the parts in side the garage, day of the yard sale it was all on my drive way.

He seen each and every peice, peice by peice.

Now the day he showed up we were having a yard sale, the bowflex was out their if anyone wanted it they could have bought it. He pulled up he looked at it and he was wrapped with proper wrapping and tape.

You can't even keep the story straight here - good luck in court.

 

[las365]

I don't understand how if you bought it directly from Bowflex just four months earlier, you didn't know what model it was.

He pulled up he looked at it and he was wrapped with proper wrapping and tape.

I guess you meant that the box holding the machine was wrapped up, but...

In your favor, the buyer aparently did have the opportunity to inspect it before he bought it. However, your series of transactions makes your story seem sketchy.

 

[JT_Detailing]

You can't even keep the story straight here - good luck in court.

I rushed with what to say, if you aren't going to help why post.

 

[JT_Detailing]

I don't understand how if you bought it directly from Bowflex just four months earlier, you didn't know what model it was.

I guess you meant that the box holding the machine was wrapped up, but...

In your favor, the buyer aparently did have the opportunity to inspect it before he bought it. However, your series of transactions makes your story seem sketchy.

I was going to buy the bowflex right from bowflex, I surely was not going to pay $19 a month to be paying for 5 years.. I just got the credit card, paid $19 first two months then paid it off to gain credit.

I' had the package boxed up before, for the buyer in NJ. I had taken the peices out to lay on the ground ( still in wrapping ) not the wrapping I got from bowflex but the wrapping I put on when I first sold it.

I didn't know the modle cause when I bought my bowflex I bought just any bowflex, I didn't know they changed modles or anything... It was 4 month gap! regardless what modle I said it was he came and looked at it and he said it was what he wanted... If it wasn't what he wanted why did he take it / buy it.