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Paid $2,200 2 years ago, Never Recieved Full Order.. HELP!

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log4n

Junior Member
I was in Illinois when I bought the items. The seller was in Florida. I since have moved to Florida and have been too busy with a new job to take massive action against this kid. Have I waited too long? Is there anything else I can do?

Here's the whole story:
I found the seller in some car forums offering his car kit and I contacted him for more information. He listed his cat kit on eBay and I was highest bidder, but he canceled the auction because my high bid wasn't as high as he wanted. We negotiated thru email and agreed on a price. I paid him $2,200.00 total over 3 PayPal payments between 6/18/03-7/1/03. I kept constant contact through email and he gave me a million excuses why he never sent anything out. Finally, late November of 03 he sent out a set of headlights, which had chipped peices off of them. Then I waited more and more excuses until January 20th, 04 and I moved to Florida. I asked for my money back several times and he would not give it. I then asked for his address threatening to take him to small claims and he would not give that either. He asked for my new address, and I told him not to bother, I wanted my money and that was all I would take. I didnt want to play games any more. I had offered to drive down to FL from IL to pick up the kit, but he still said, no, I'll send it out. I spoke to my uncle who is a retired-FBI agent and knows a little about the law, but more importantly is good friends with lawyers and judges all over the place, and he told me he would send the kid an email and try to have him send the money back and told me not to contact him anymore. His computer has had problems and nothing has happened. He had a little contact with him, but ultimately I dont think I should have listened to him. He has prooved unreliable and I'm just wondering if I'm screwed having listened to him?
Is the statute of limitations still in effect since it's been a little over 2 years since I paid him? Can I still go to small claims court and is that my best bet? I did try filing a complaint with PayPal a long time ago and never got a response back. I also filed some thing with some Online fraud site and never got a response from them either. Comments and suggestions greatly appreciated!

Thanks for taking the time to read this!!
 


divgradcurl

Senior Member
log4n said:
I was in Illinois when I bought the items. The seller was in Florida. I since have moved to Florida and have been too busy with a new job to take massive action against this kid. Have I waited too long? Is there anything else I can do?

Here's the whole story:
I found the seller in some car forums offering his car kit and I contacted him for more information. He listed his cat kit on eBay and I was highest bidder, but he canceled the auction because my high bid wasn't as high as he wanted. We negotiated thru email and agreed on a price. I paid him $2,200.00 total over 3 PayPal payments between 6/18/03-7/1/03. I kept constant contact through email and he gave me a million excuses why he never sent anything out. Finally, late November of 03 he sent out a set of headlights, which had chipped peices off of them. Then I waited more and more excuses until January 20th, 04 and I moved to Florida. I asked for my money back several times and he would not give it. I then asked for his address threatening to take him to small claims and he would not give that either. He asked for my new address, and I told him not to bother, I wanted my money and that was all I would take. I didnt want to play games any more. I had offered to drive down to FL from IL to pick up the kit, but he still said, no, I'll send it out. I spoke to my uncle who is a retired-FBI agent and knows a little about the law, but more importantly is good friends with lawyers and judges all over the place, and he told me he would send the kid an email and try to have him send the money back and told me not to contact him anymore. His computer has had problems and nothing has happened. He had a little contact with him, but ultimately I dont think I should have listened to him. He has prooved unreliable and I'm just wondering if I'm screwed having listened to him?
Is the statute of limitations still in effect since it's been a little over 2 years since I paid him? Can I still go to small claims court and is that my best bet? I did try filing a complaint with PayPal a long time ago and never got a response back. I also filed some thing with some Online fraud site and never got a response from them either. Comments and suggestions greatly appreciated!

Thanks for taking the time to read this!!
Go ahead and sue him in small claims court. This is a contract issue, and the SOL for contracts in Florida is 4 or 5 years (depending on whether the contract is oral or written), so you are still within the limitations period to file.
 

log4n

Junior Member
Thank you!

Thank you so much divgradcurl~!@#
I greatly appreciate you taking the time to read and answer my question. That is a breath of fresh air! Wish me luck!
 

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