Credit card refund/ return of mechandise question.

[primosauce]

What is the name of your state? Washington
I purchased a used two stroke motor thru paypal from a person who had an auction on ebay that never reached his reserve price. I ended up speaking with the seller and we discussed the exact condition of the motor and came to an agreed price for the motor and shipping of $1180.00 Motor arrived a few days later and was completely ready to seize/blow up. I called the seller who refused to refund any money or take the motor back. Only thing he offered was to get some knock of Chinese pistons for it and call it good. To make a long story short, motor wasn't purchased thru a ebay auction, it was outside of that. So I had no claim there, but I did use paypal who quickly decided that they would not help either because they didn't refund or cover items based on "condition".

At this point the seller became pretty rude and just basically told me I was stuck and there was nothing that could or would be done by him. I called my credit card company who told me to get as much documentation as possible. I gave them copies of all the emails between him and I as well as a copy of the ebay auction. I then gave them a letter from my local Polaris dealer stating that the motor was not in running condition and seizing. The credit card company said that with that information they said that I was most likely going to receive my money back and gave me a provisionary credit to my card.

Apparently paypal took the money back from the man who sold me the motor and now he wants the motor back. I have multiple emails from him stating that he would never take this motor back from me and it would be a waste of my time to send it because he would "return to sender" and not accept it. I contacted my credit card company and they said that the case is still open and has not been finalized as of yet. The seller is making all kinds of threats of legal action if I don't send his motor back ASAP. I spoke with the credit card company again and they stated that I am no longer responsible for the motor once the refund is finalized.

He sent me a email today saying that fedex would be her friday to pick up the motor which he also stated that it my responsibility to package for shipping. I Havent even had the credit to my account finalized. What am I bound to do legally? Can I just take the motor to fedex and drop it off in a bag and have them package it, im done with this clown. This motors his problem, not mine. Which with sweet, sweet irony, is the exact same thing he told me 3 months ago.

 

[JETX]

Simple solution.... tell him that you will be glad to return the item at HIS cost ONLY IF HE provides you with a written (not email) statement (includes his name, his address, his phone number and his SIGNATURE) that says:

1) he agrees to a FULL credit of the charge in return for your return of the item, and
2) That in the event that litigation is required, he agrees to venue being YOUR home county.

Have him FAX it to you. Once received send him the item back and then FAX a copy of the statement to your credit card company.

 

[primosauce]

Im in washington, hes in new york. What kind of legal action can he even take? He sent me a garbage motor that has been proven to be that by professionals.

 

[priority1bc]

I'm no expert and I know there is always two sides of every story.... but. I would NOT send that motor back until you are 100% sure you have gotten the money back. Sounds like he sent a package pickup request, you do not HAVE to have the package ready just because he did this. The pickup can wait... at least with UPS it can.

I'd certainly take JETX's advice. It sounds good. He can do nothing legally to you for not returning the item before your refund is complete. You do not even need to do the fax. Just tell the guy to accept the credit card dispute and refund the money so the case is no longer open if he is in a hurry to get the motor back. He has an open dispute on his merchant account and can refund the money in 5 minutes. Sounds like the guy is just hoping he can somehow get the motor back and keep the money.

 

[JETX]

Just tell the guy to accept the credit card dispute and refund the money so the case is no longer open if he is in a hurry to get the motor back.

Won't work. The merchant only has to resubmit the charge again... even if it has been already rejected.