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Scammed.... Is there any recourse?

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nrobi

Junior Member
What is the name of your state? Massachusetts

I purchased 70 MP3 players in 3 separate lots on an online liquidation site for businesses back in 2007 (March 30th and April 5th). There were 2 lots of 20 8GB players and 1 lot of 30 4GB players. For a total cost of approx. $3700.

When I opened the packages I noticed some of the white players, although "new," appeared to be factory rejects. I filed a dispute promptly with the merchant and got documentation to them right away (so I thought). 30 minutes prior to the submission deadline for disputes they emailed me notifying me they had not received any documents yet..... which I found out when I checked my email 30 minutes after the deadline..... (They had sat on this for 3 business days during which I had called them 2 times regarding my case)

So I went to AMEX to dispute this but took my time gathering documents/ creating videos to support my case. It was finally resolved in my favor during September of '07. I had only asked for the money spent on the "reject" white players.... which was $1032.09.

Granted I thought everything was hunky-dory... the whole process (along with seeing prices on eBay) took the steam out of my sails.... so they sat until March of '08. I figured I should just try to minimize my losses and get rid of them on eBay. I did sell them slowly.... 2 a week then on April 25th one of my customers emailed me saying the size changed from "8GB" to 474MB!!!!

I tried to open a dispute with AMEX again. From the letter I received it seemed all was well. Then my computer crashed... then my laptop crashed. So I bought a new desktop and started making videos to support my case again. But I really wanted some video that I can't get to on my laptop hard disk... The video showing the original auction listings where I purchased the players from.

A letter from AMEX came around the 25th of May... "Sorry we can't help you." I called them today. (Now that I'm ready to send everything in.) The rep said that I can no longer reopen the case. It's been reopened "too many times."

I've formatted the devices myself. It takes a low-level format to change the size (a low-level format should never change the size of a device). A "regular" format resets the file table, a portion of the hard disk that the OS uses to locate and access files on the rest of the disk. A low-level format writes over the whole disk removing everything on it... including the file table. The device can then be reformatted "normally" to put a file system on it.

My "8GB" players turn into 474MB and my "4GB" players turn into 223MB!!! I opened all the players up and Googled the chip numbers.... They are for 512MB and 256MB NAND Flash chips!!!!

These things are practically worthless. Can I do anything at all? I'm going to contact the merchant but from my last experience I'm not expecting much. I have 62 of the original 70 players and records of all emails sent, postal receipts, etc.

Thank you,
NRobi
 
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