The guy wont send me my rims! Now he wants more!

What is the name of your state?What is the name of your state?Hawaii
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On July 8th, 2005 I decided to buy some car rims from a private seller.

The buyer and I finalized a price which included all the rims, accessories plus shipping/handling/insurance.
(it took a while, because he had to do research on shipping rates)

On July 11th, 2005 I sent the buyer a cashiers check.
The cashiers check had both our names plus a description where it said "rims, accessories plus shipping/handling/insurance."

On July 15, 2005 he wrote and said that he recieved the check.

On July 26, 2005 he wrote and said that the check cleared the bank and that he would be sending the package soon.

On August 6, 2005 he wrote that hes waiting for a day off to send the rims.

On August 11, 2005 his wife wrote and said that there was a "death in the family" and apologized for being late.
(Plus he's been working "6 days/week" and "they have 4 kids)

On August 16, 2005 he said that he was turned away from the United States Post Office because the packages were too big.
(They told him to arrange a USPS truck to pick them up)

At this point I've been waiting for over a MONTH. So I called him up and he wanted MORE for the shipping, even though we agreed on a price. He told me to go to the USPS website and check. I did just that and quoted him the prices found on the website. (Which coincided with the price we agreed upon)

On August 21, 2005 he wrote and said that he would check the price and "get back to me tomorrow"

Today is August 25, 2005 with no response as of yet.


I've saved all the emails I mentioned.
He offered me a refund but all I want are the rims I bought and paid for.
Do I have a legal right to fight for whats mine?



Thank you for your time.

Obviously, the bad news is that your seller is screwing with you because his finances are probably messed up. The limitations that USPS has shouldn't have been a problem unless he was trying to ship them all in one box. If he calculated shipping via USPS and then has to change for legitimate reasons it is reasonable. UPS is expensive right now, even for ground shipments. Tell him to try FedEx. You can estimate shipping very accurately online by going to each carrier's website.

I shipped 4 17" X 11" rims (2000 miles) via FedEx last year for about $40. The invividual boxes were far easier to handle.

The good news is that he says he'll refund your $$$. But, who knows how long that could take.

dallas702 said:

Obviously, the bad news is that your seller is screwing with you because his finances are probably messed up. The limitations that USPS has shouldn't have been a problem unless he was trying to ship them all in one box. If he calculated shipping via USPS and then has to change for legitimate reasons it is reasonable. UPS is expensive right now, even for ground shipments. Tell him to try FedEx. You can estimate shipping very accurately online by going to each carrier's website.

I shipped 4 17" X 11" rims (2000 miles) via FedEx last year for about $40. The invividual boxes were far easier to handle.

The good news is that he says he'll refund your $$$. But, who knows how long that could take.

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But can I fight it legally?
Can I tell him to send me the rims for the promised price or I will seek legal action?
Do things like this actually happen? Are they valid?

He is sending them in 4 different boxes. He said that he "made a mistake" in the shipping and thats why its more. Its 60 lbs/box instead of 50 lbs like he thought. These rims are 20s so the shipping is probably more. (but I will tell him to try FedEx) I just havent been calling him because its long distance Hawaii to Florida. (So I'm going to wait until the weekend)

Thanks for the reply.

What is he quoting you for the shipping? 60lbs per box sounds like they are made of stone (ala Fred Flinstone wheels). FL to HI is a looooong way, but as I said you can go online and get a very accurate quote for the shipping to compare. Are they just wheels, or wheels AND tires??

Legally, he has a right to adjust the shipping. In fact, he can quote anything he wants but you don't have to pay it. Even though you discussed the price with the shipping he thought he was going to have to cover, it doesn't bind him to take a loss. The intent of the agreement is still cost of goods plus shipping.....whatever the shipping is (and you agree on that cost). Sueing for specific performance wouldn't be worth your time...or money.

dallas702 said:

What is he quoting you for the shipping? 60lbs per box sounds like they are made of stone (ala Fred Flinstone wheels). FL to HI is a looooong way, but as I said you can go online and get a very accurate quote for the shipping to compare. Are they just wheels, or wheels AND tires??

Legally, he has a right to adjust the shipping. In fact, he can quote anything he wants but you don't have to pay it. Even though you discussed the price with the shipping he thought he was going to have to cover, it doesn't bind him to take a loss. The intent of the agreement is still cost of goods plus shipping.....whatever the shipping is (and you agree on that cost). Sueing for specific performance wouldn't be worth your time...or money.

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Yeah, they are heavy. He is "supposed" to be sending 20" rims AND tires.
Its just that I've been very patient and he doesn't seem to care anymore.


It has been 42 days since he recieved the check
(he said the cashiers check took 11 days to clear)


Ok, so I cant MAKE him send it to me.
But what happens if you doesnt refund my money.
(ie. he says he will... but it never shows)
what then?

Offer to pay the difference in shipping (after checking the rates online to verify). If he still says he can't complete the deal, tell him you'll take the refund plus whatever it cost you for the cashier's check and mailing. But, give him a time limit and method of payment. A money order from a known provider is fairly safe, but I wouldn't take a cashier's check. This isn't all that uncommon. You need to decide if the new cost is still worth it, and if you think he will actually follow through.

Does anyone realize that rims are extremely heavy and the PO has a weight restriction? I would pay the extra money because the seller probably didn't realize the hassle of shipping. If you don't want to pay then ask for the money back.

janedoe23 said:

Does anyone realize that rims are extremely heavy and the PO has a weight restriction? I would pay the extra money because the seller probably didn't realize the hassle of shipping. If you don't want to pay then ask for the money back.

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Of course I realize it... I mean how could you not

But I hope you realize TWO things:


1. It was his job to check on how much shipping would be. We finalized a price only after he checked.
That was our agreement. Almost like a handshake.
(Sadly "handshakes" and "promises" mean very little in the current world)
Now if he made a mistake, I'm cool with that. I will pay the difference. See #2



2. It has been about a MONTH and a HALF from when he received the check.
Shipping was supposed to be swift. (but we know how that goes)
Communication has been poor on his side. To me, thats bad form and terrible business.



So far he says theres been a death in the family. Now he's sick. What next? Arrested? Hurricane? Snow in August?

I'm pretty understanding when it comes to the pitfalls of everyday life, but what does it have to do with SHIPPING A PACKAGE?

If I were you I would write a letter and send it certified, restricted delivery. Maybe that will get his panties in an uproar and get him moving.

Uh oh! Florida + hurricane Katrina = no rims this week.

Ya ain't gettin' nuttin' for a while with our pal Katrina. Hoope he and his family make it through okay, but the rims may be a wash, lost in the hurricane. When things settle, ask for your money back. Sometimes people do get sick, but he should still honor the price. Since he won't, either pony up or accept a refund.

Love My Husband said:

Ya ain't gettin' nuttin' for a while with our pal Katrina. Hoope he and his family make it through okay, but the rims may be a wash, lost in the hurricane. When things settle, ask for your money back. Sometimes people do get sick, but he should still honor the price. Since he won't, either pony up or accept a refund.

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You know, I got things going on too. See me making excuses?

I even made SEVERAL phone calls trying to set up shipping for my OWN packages since someone is "too busy".

Do you know what "too busy" means? It means "my stuff is more important than your stuff." Not a very friendly message now is it?


Basically what I'm going to do is send a message detailing the shipping rates.
"They will pick up from your house so you dont have to go anywhere. I will pay the difference. I expect the rims to be shipped within a week of when the check clears. (since all you have to do it call and they pick it up for you)

If this can't be done than I expect a FULL REFUND within TWO WEEKS or I am taking this to the court system."

No more waiting anymore.

It has been 49 days since he recieved the check
(he said the cashiers check took 11 days to clear)
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Unfortunately small claims court may not be feasible for you as you are in Hi and he is in FL. I may be mistaken (and I’m sure someone on here will correct me if I’m wrong) but I believe that you would need to sue him where the lives. In other words you would need to file suit in the county that he lives in then you would either travel to FL for the court date or hire a lawyer to appear for you (both costly options).

As other have said I would give him X number of days to do one of the following a.) Both of you come to a final total cost and he sends the rims by the date mentioned or b.) he sends you a full refund by X date. If he fails to follow through with either option or gives you more excuses I would threaten to contact the FL Attorney General’s office and let them handle it. Their web site is http://myfloridalegal.com. There are too many frauds out there and it sounds like this guy may have done this before.

I hope this helps.