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Ebay Dispute Advice Needed!

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Urkit

Junior Member
What is the name of your state? WI

Hello everyone, this is my first post here and I hope someone can help me with my issue, or at least provide some helpful insight!


Back in November of 05, my girlfriend had purchased a DVD burner from a guy on E-bay. When we received the burner, it was in full working condition, in fact it was brand new. The only problem was, he had sent us the wrong model but we didn't say anything because he had actually sent out a little bit better burner. About 5 months later, the burner failed to function anymore. As soon as that happened, we remembered that he was offering a one year warranty on it. I contacted Sony about the warranty, and they said since it was an OEM drive, that the seller is responsible for it and they will have to send it back to redeem the warranty.

So begins the headache!

We contacted him for about a month via ebay messages before he finally contacted us back. He then provided a phone number to call. Upon calling for about 2 weeks after that, he FINALLY returned our phone calls. He then instructed us to send the burner back, and as soon as he receives it he will send another one out. We promptly sent the burner back that day and thought "good, this is finally getting taken care of"

He once again, failed the communicate with us. He called me about 2 weeks after he got the burner and threatened to not send anything back because he doesn't care. This put is in great discomfort. Finally he said he had sent the burner back to Sony to get repaired. Then a day later he contacted us saying that we sent him back the wrong burner and that the serial numbers do not match. I know for FACT that we sent him the right DVD burner, because that's the only one we had!

Basically thusfar, Paypal and ebay won't do anything about it because it is past the 60 day dispute policy they have and they keep saying to just resolve it directly with the seller. E-bay also instructed us to use this squaretrade.com website, but that it is optional for the seller to respond to it.

My girlfriend has put in a dispute with her credit card company, but they said they might not be able to do anything about it either.

So we are stuck on what to do?! So since we live in WI, and he lives in CA, I don't think we can take him to small claims court over this? But then again, I don't really know!

Any help would be much appreciated...I feel this guy has totally ripped us off!
 
Last edited:


Zigner

Senior Member, Non-Attorney
Urkit said:
What is the name of your state? WI

Hello everyone, this is my first post here and I hope someone can help me with my issue, or at least provide some helpful insight!


Back in November of 05, my girlfriend had purchased a DVD burner from a guy on E-bay. When we received the burner, it was in full working condition, in fact it was brand new. The only problem was, he had sent us the wrong model but we didn't say anything because he had actually sent out a little bit better burner. About 5 months later, the burner failed to function anymore. As soon as that happened, we remembered that he was offering a one year warranty on it. I contacted Sony about the warranty, and they said since it was an OEM drive, that the seller is responsible for it and they will have to send it back to redeem the warranty.

So begins the headache!

We contacted him for about a month via ebay messages before he finally contacted us back. He then provided a phone number to call. Upon calling for about 2 weeks after that, he FINALLY returned our phone calls. He then instructed us to send the burner back, and as soon as he receives it he will send another one out. We promptly sent the burner back that day and thought "good, this is finally getting taken care of"

He once again, failed the communicate with us. He called me about 2 weeks after he got the burner and threatened to not send anything back because he doesn't care. This put is in great discomfort. Finally he said he had sent the burner back to Sony to get repaired. Then a day later he contacted us saying that we sent him back the wrong burner and that the serial numbers do not match. I know for FACT that we sent him the right DVD burner, because that's the only one we had!

Basically thusfar, Paypal and ebay won't do anything about it because it is past the 60 day dispute policy they have and they keep saying to just resolve it directly with the seller. E-bay also instructed us to use this squaretrade.com website, but that it is optional for the seller to respond to it.

My girlfriend has put in a dispute with her credit card company, but they said they might not be able to do anything about it either.

So we are stuck on what to do?! So since we live in WI, and he lives in CA, I don't think we can take him to small claims court over this? But then again, I don't really know!

Any help would be much appreciated...I feel this guy has totally ripped us off!

Take him to small claims court for what??? You tried to pull a fast one by not notifying the seller that you received a different item. Now you have to live with that choice.
Buy a new burner and move on.
 

Urkit

Junior Member
If you read, he actually sent a better model burner. That is NOT the issue though.

Pulling a fast one?! no.

Does anyone ese have any advice, rather than making it sound like we did something wrong?
 
Last edited:

racer72

Senior Member
Urkit said:
If you read, he actually sent a better model burner. That is NOT the issue though.

Pulling a fast one?! no.

Does anyone ese have any advice, rather than making it sound like we did something wrong?
You did something wrong. The sellers records show one burner, you returned a different burner. I would tell to pack sand where the sun don't shine too. Your apparent good fortune has just bit you in the butt.
 

Urkit

Junior Member
He was notified of the wrong burner sent out when we initiated this whole dispute, so he is well aware of that.

here is his EXACT reply to that...

the Q30A is the upgrade and newer version, if you want 26a i can get it, not a problem, and yes i am working on your replacement, there is nothing i can do after the fact that i had send it out to Sony. and i have prove that i have send it out to sony, and i will keep them. so on my side, i have done everything to help you. and please provide me with the auction item number that you have bought the item from.
 

Zigner

Senior Member, Non-Attorney
Urkit said:
The only problem was, he had sent us the wrong model but we didn't say anything because he had actually sent out a little bit better burner.
If you read, he actually sent a better model burner. That is NOT the issue though.

Pulling a fast one?! no.

Does anyone ese have any advice, rather than making it sound like we did something wrong?

You knew he made a mistake but you said nothing because that mistake was to your benefit. Instead of asking the seller if he intended to do that, you just kept mum. Because of YOUR deception, you now have no claim.


EDIT:
In any case, you will be much better off (money-wise) just buying the new burner and cutting your losses
 

BelizeBreeze

Senior Member
Urkit said:
If you read, he actually sent a better model burner. That is NOT the issue though.
WRONG BUBBA! the minute you noticed the mistake you should have contacted the seller to remedy. The fact that you got the wrong burner also should have alerted you to the fact that it MIGHT have been sent under the contract you agreed to thus having a different serial number than the one you acutually purchased.
Pulling a fast one?! no.
I agree. It's called unjust enrichment. :rolleyes:
Does anyone ese have any advice, rather than making it sound like we did something wrong?
yes, forget it. You have no case. Next time, try to pay attention because you don't get to benefit twice from the same 'mistake'.
 

Eric Ehoff

Junior Member
dont say you didnt do anything wrong, you thought youd capitalize on the sellers mistake, and now they returned the favor, im sorry but you're SOL
 

Urkit

Junior Member
Ok, hmmmm. This guy wasn't concerned with the fact that he sent the wrong burner. Why does that count against me? He has never said anything like what you guys are saying. So I think that should not really factor in to his shady business dealings. So lets say that isn't the case then...I'm sure your guys opinions would say something quite different? It seems you guys are focusing on how I have no angle towards this over something that, does NOT matter in this situation...TRUST ME when I say that. In fact, his feedback from when he was selling lots of these burners around that time was very VERY bad. He has since ceased selling these burners. He sold alot in a small frame of time and got alot of heat for it. Our heat just seems to have came later in the game.

Again, the fact that it was the wrong burner is NOT the issue here. If it was, I am sure he would have mentioned that right off the bat.
 

Zigner

Senior Member, Non-Attorney
Urkit said:
Again, the fact that it was the wrong burner is NOT the issue here. If it was, I am sure he would have mentioned that right off the bat.
That is the ENTIRE issue! You even said the the seller can't help you because it doesn't match the serial number of the drive he shows sending you. Had you been honest in the beginning when you received the incorrect drive, then you wouldn't be in this spot.
How is it NOT the issue?
 

janedoe23

Member
If you knew the burner you received wasn't the one you purchased then you should have promptly sent it back. By keeping it you should've known that any warranty you had was now void because the warranty you had was not on the burner in your possession..

You can't have a warranty on one item and expect to use the warranty on another.
 

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