What is the name of your state?What is the name of your state?What is the name of your state? I'm in Kentucky, and Seller is in Illinois.
Hi
Please excuse me for any problems in this document when it comes to its logical flow, or its grammar.
I don’t like to beat a horse, but I want to beat this one till it is dead.
Oh yah, I know I’m nuts for even considering to sue someone in small claims court, because the defendant lives 425 miles from me and is in another state. He has that to his advantage and boy if he did not live so far away I would take care of it all on my own at the court house in a heart beat.
Lying is not good, and bold face lying is worse. Boldface lying while trying to take my hard earned money is one of the lowest forms of lying. Some would call it theft by deception.
What we have here is a seller falsely listing an item on eBay by describing certain parts of that item as working and some as new. And a buyer that sent his deposit not knowing the true condition of the item. I now know what I should have done, but that is not my reason for this post.
I won an auction at eBay Motors.
The auction was for a used Motorhome.
The winning amount was $2500
The ad stated a deposit of $500 was required, but did not say it was non-refundable, or re-fundable. It just said $500 deposit required.
Sent deposit from my personal checking account from my bank to Pay Pal, and then Pay Pal to the seller. The bank can’t help.
I’m not going to list the complete ad here, but here is the part that eventually caused the problem. Also here is a link to the ad if you wish to look at it.
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1,1&item=4579007945&sspagename=STRK:MEWA:IT
“The following is a list of new parts: 8 new tires, new brake lines, new brake shoes, new master cylinder, new wheel cylinders, new wheel bearings, new alternator, new distributor module, new carburetor, rebuilt transmission, new torque converter, new rubber roof, new curtains, all cushions have been recovered.
The bathroom is complete with shower and toilet and sink. The awning is in good shape and does not leak. The main air conditioner is in the camper area and also has a dash air conditioner. They both work. All appliances work. We have had this motor home for about 6 or 7 years. “Called the seller to make arrangements to pick the camper up, and to review, and confirm what they had listed in their ad as working. The seller then stated that they were not sure what worked, because some appliances they had never used since they owned the camper, and not used some other appliances since their last camping trip 2 years ago. I then asked the seller if they could spend the next week, check these appliances out to see if they worked. We agreed, and to keep in contact through email, and phone. Later that week they let me know through an email, and by phone that all items listed in their ad have been checked out and working now. The bottom line I drove hundredths of miles to inspect, pay the remaining balance, and take possession of the camper. Upon inspection the seller could not remember how to get some appliances to work, and or some did not work at all. I advised them I was not paying the balance, or taking possession of the camper because of these facts. They agreed at that time that we both would post at eBay that both parties had agreed to mutually agree to cancel the transaction at eBay. This way they could re-list the item at no cost, get their transaction fees back, and they would refund my deposit. We did that, and then they did not agree to all of my deposit. I spoke to Pay Pal, and they turned down my dispute due to the fact that they did not consider a deposit as being covered under their policies. They only can help if money was for something tangible, and they don’t consider a deposit on a tangible item as being something that tangible. But they would have been of help if I would have went ahead and paid the balance, and took possession of the camper. They then sent me to eBay, who sent me to Auction Insurance who has gotten the seller to agree to return $300 dollars of my $500 deposit, and the seller wants me to SIGN SOMETHING. WE ALL KNOW WHAT THAT WOULD BE MY RIGHTS FOR ANY OTHER FUTHER ACTION AGAINST THEM. Auction Insurance also advised me that I may be able to get up to $175 of my deposit back after the seller returns the $300 deposit to Pay Pal from eBay under some other buyer protection program they have, but eBay has already told me the same thing that Pay Pal did, “they can’t help with a deposit on a tangible item, because a deposit is not tangible. I just had to say that twice, because it’s so dumb it is funny. The seller claims during that the spent getting the camper ready for inspection by me they winterized the camper, and had to on-winterize the camper when I showed up for the inspection. I ask you, what kind of person would winterize a camper when they know they have it sold, and the buyer is coming to inspect it. When a camper is winterized you pull the plug on the fresh water holding tank, and let the water drain out. Then you pour about two gallons of what is called RV winterizing fluid, (which cost $3.88 a gallon at Wal-Mart) into the fresh water tank, then turn the water pump on, and all faucets on until the RV fluid comes out of the faucets, and your done. The seller wants to keep $200 dollars of my money for what? He told Auction Insurance that his cost in this matter adds up to $200 dollars. His figures are $100 for his listing, transaction fees, 20 RV winterizing solution, $50 for 2 hours @ $25 a hour for winterizing the camper, $19 for the 5 gallons of gas he put in the camper fuel tank, $14 dollars for Pay Pal fees, and that all adds up to $203. I agreed to a refund of $380 dollars, and remember I’m out $130 for the gas there and back and I’m not asking for that, because of the mistakes I made in this transaction. But let’s also remember that he falsely represented the camper, he can get all his fees back from eBay if he would re-list the item within 90 days. RV solution is $3.88 a gallon, he did not de-winterize the camper upon my arrival, and it takes about 30 minutes to do that, and @ 2 hours @ $25 dollars an hour it out there. Gas the camper was moved ten feet after I got there. Pay Pal I’m not sure what their transaction fees are. I’ve also filled a complaint with a site that reports internet fraud to law enforcement, (Fraud.org), and a FBI site called IC3. Questions, Comments, suggestion, answer be appreciated.
Thanks George
Ps I’ve said this already. They also lied about what was new on the camper. They listed some components to the camper as being new and they were not. They should have listed them as be replaced over the 6 to 7 years that they had owned it. Because these items were not new, and again I’m sure they can not produced recent receipts for the replacement of those items.
Hi
Please excuse me for any problems in this document when it comes to its logical flow, or its grammar.
I don’t like to beat a horse, but I want to beat this one till it is dead.
Oh yah, I know I’m nuts for even considering to sue someone in small claims court, because the defendant lives 425 miles from me and is in another state. He has that to his advantage and boy if he did not live so far away I would take care of it all on my own at the court house in a heart beat.
Lying is not good, and bold face lying is worse. Boldface lying while trying to take my hard earned money is one of the lowest forms of lying. Some would call it theft by deception.
What we have here is a seller falsely listing an item on eBay by describing certain parts of that item as working and some as new. And a buyer that sent his deposit not knowing the true condition of the item. I now know what I should have done, but that is not my reason for this post.
I won an auction at eBay Motors.
The auction was for a used Motorhome.
The winning amount was $2500
The ad stated a deposit of $500 was required, but did not say it was non-refundable, or re-fundable. It just said $500 deposit required.
Sent deposit from my personal checking account from my bank to Pay Pal, and then Pay Pal to the seller. The bank can’t help.
I’m not going to list the complete ad here, but here is the part that eventually caused the problem. Also here is a link to the ad if you wish to look at it.
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1,1&item=4579007945&sspagename=STRK:MEWA:IT
“The following is a list of new parts: 8 new tires, new brake lines, new brake shoes, new master cylinder, new wheel cylinders, new wheel bearings, new alternator, new distributor module, new carburetor, rebuilt transmission, new torque converter, new rubber roof, new curtains, all cushions have been recovered.
The bathroom is complete with shower and toilet and sink. The awning is in good shape and does not leak. The main air conditioner is in the camper area and also has a dash air conditioner. They both work. All appliances work. We have had this motor home for about 6 or 7 years. “Called the seller to make arrangements to pick the camper up, and to review, and confirm what they had listed in their ad as working. The seller then stated that they were not sure what worked, because some appliances they had never used since they owned the camper, and not used some other appliances since their last camping trip 2 years ago. I then asked the seller if they could spend the next week, check these appliances out to see if they worked. We agreed, and to keep in contact through email, and phone. Later that week they let me know through an email, and by phone that all items listed in their ad have been checked out and working now. The bottom line I drove hundredths of miles to inspect, pay the remaining balance, and take possession of the camper. Upon inspection the seller could not remember how to get some appliances to work, and or some did not work at all. I advised them I was not paying the balance, or taking possession of the camper because of these facts. They agreed at that time that we both would post at eBay that both parties had agreed to mutually agree to cancel the transaction at eBay. This way they could re-list the item at no cost, get their transaction fees back, and they would refund my deposit. We did that, and then they did not agree to all of my deposit. I spoke to Pay Pal, and they turned down my dispute due to the fact that they did not consider a deposit as being covered under their policies. They only can help if money was for something tangible, and they don’t consider a deposit on a tangible item as being something that tangible. But they would have been of help if I would have went ahead and paid the balance, and took possession of the camper. They then sent me to eBay, who sent me to Auction Insurance who has gotten the seller to agree to return $300 dollars of my $500 deposit, and the seller wants me to SIGN SOMETHING. WE ALL KNOW WHAT THAT WOULD BE MY RIGHTS FOR ANY OTHER FUTHER ACTION AGAINST THEM. Auction Insurance also advised me that I may be able to get up to $175 of my deposit back after the seller returns the $300 deposit to Pay Pal from eBay under some other buyer protection program they have, but eBay has already told me the same thing that Pay Pal did, “they can’t help with a deposit on a tangible item, because a deposit is not tangible. I just had to say that twice, because it’s so dumb it is funny. The seller claims during that the spent getting the camper ready for inspection by me they winterized the camper, and had to on-winterize the camper when I showed up for the inspection. I ask you, what kind of person would winterize a camper when they know they have it sold, and the buyer is coming to inspect it. When a camper is winterized you pull the plug on the fresh water holding tank, and let the water drain out. Then you pour about two gallons of what is called RV winterizing fluid, (which cost $3.88 a gallon at Wal-Mart) into the fresh water tank, then turn the water pump on, and all faucets on until the RV fluid comes out of the faucets, and your done. The seller wants to keep $200 dollars of my money for what? He told Auction Insurance that his cost in this matter adds up to $200 dollars. His figures are $100 for his listing, transaction fees, 20 RV winterizing solution, $50 for 2 hours @ $25 a hour for winterizing the camper, $19 for the 5 gallons of gas he put in the camper fuel tank, $14 dollars for Pay Pal fees, and that all adds up to $203. I agreed to a refund of $380 dollars, and remember I’m out $130 for the gas there and back and I’m not asking for that, because of the mistakes I made in this transaction. But let’s also remember that he falsely represented the camper, he can get all his fees back from eBay if he would re-list the item within 90 days. RV solution is $3.88 a gallon, he did not de-winterize the camper upon my arrival, and it takes about 30 minutes to do that, and @ 2 hours @ $25 dollars an hour it out there. Gas the camper was moved ten feet after I got there. Pay Pal I’m not sure what their transaction fees are. I’ve also filled a complaint with a site that reports internet fraud to law enforcement, (Fraud.org), and a FBI site called IC3. Questions, Comments, suggestion, answer be appreciated.
Thanks George
Ps I’ve said this already. They also lied about what was new on the camper. They listed some components to the camper as being new and they were not. They should have listed them as be replaced over the 6 to 7 years that they had owned it. Because these items were not new, and again I’m sure they can not produced recent receipts for the replacement of those items.
