Friendly advice turned ugly

cowcio

New member
Thanks to all of you who supported me through the rough time that I was given by a certain somebody that is new to the Ohio reefing community.

That person has filed for a chargeback through his credit card company. Apparently, none of my offers were good enough for him. Not even the offer to refund his money if he brings me back the product. Worst of all, he never contacted me before doing this.

Through filing for this he is saying that he was unhappy with the product and I made no effort to work it out. I hope that the credit card company wises up to his shenanigans and does not reverse the credit. I would be out my product and my money.


I thought this was a fun hobby?!?! I was trying to hook somebody up with a decent deal on a lighting/canopy combo and this is how I'm thanked. I have contacted my Dad's lawyer, as this guy seems to be dirty and I'm not going to leave myself unprotected. If worse comes to worse, I can go through a big headache and make this guy pay. I just hope he realizes how rude he is.


:mixed:
 
Good luck

Good luck

Hope you kept the correspondences. Can't believe you lose the product also. Make sure you post somewhere who this dude is so seller beware!
 
I just don't understand why a person would go through all of this if I offered a refund a month ago. It doesn't make sense. It seems as though he is trying to get something for nothing.
 
This is by no means intended to be taken as solid legal advice, that being said however...

Talk to your lawyer...if he is stopping payment on the credit card, he is probably obligated to return the items to you...he cannot get something for nothing, that is illegal...its called unjust enrichment...he may be entitled to get his money back, but he cannot just keep the goods

as an example, imagine that you buy a TV from a store and its does not work...you can stop payment on the card charge, but you cannot just keep the TV

this is not the same situation as if you had charged a card for a purchase that he did not make, and the credit card company cannot treat it as such
 
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unless a friend the lawyer must need work bad

unless a friend the lawyer must need work bad

unless Dad's lawyer works for free
it's going to cost you.

Before I started paying retainers and such with a lawyer.
I would just draft a judiciously worded letter indicating to please make arrangements to return your goods within 10 business days so you can issue him a full refund. Send it to him certified mail and close copy it to the credit card company.
Hence, you can return his funds in full and get your goods back or (only say it if you can or will do it) you may be forced into an attempt to process a small claims court filing with a judgement attempt. This provides you a formal basis of your attempt at resolution other than emails to work it out. This would also serve to affirm intent of the other guy to get something for nothing if he does not respond to the certified to undo the deal so to speak.

As far as small claims court.
I believe the means test is goods or services $5000 and under. And you have to be able to prove actual out of pocket loss and expenses from the intended defendants breaking of a chain of events, contract or withholding contracted and or prior agreed conditions of services and or monetary exchange.

As one example.
I've almost had to take it to that level with an ebay seller. After the complaint began with a dispute and run around by the seller. Once I stated my possible intent the issue was resolved by the seller with an amicable reluctance. However, I never needed to file and got my dough back and thwarted a would be con-artist.
But if he's a dirtbag it will not matter and you may end up getting nothing. I would rather get nothing via my time and $55 small claims court and a couple certified letters than lose and have to pay a lawyer $500 on top of it.

Whereas, If you burnt your crotch with coffee at a fast food place or a medication made you walk funny or made you write bad checks. I'd say by all means get the lawyer...

Just my 2 centavos.
DISCLAIMER...
This is another way to look at your problem and I am offering you a way that I have used myself. And the key is it is free information and you may consider it or take or leave it.
Either way hope it works out ok for you.
 
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Truth be told, I'm not much for going to court. Losing money and the lighting unit is not going to affect my way of life by any means.
What bothers me the most is the guys attitude. He is acting like I wronged him. I really feel as though I worked with him and tried my best to make him happy. As stated, I offered a refund if he returned the product to me over a month ago.

I feel that he has taken this step in order to get under my skin, or just to be a rude person. Now, the question is, do I turn the other cheek or play back?
 
Once you decide what to do, you really need to warn everyone as to who this is. That's the only way to prevent him from doing this to other people.
 
<a href=showthread.php?s=&postid=9831335#post9831335 target=_blank>Originally posted</a> by cowcio
..... Now, the question is, do I turn the other cheek or play back?
Play back? Fight back! This guy is skinmate! Don't let him win...If not for the $$$ for the principal...
 
I'm not saying this will fix or even help your current problem. RC has a buyer/seller feedback forum
http://www.reefcentral.com/forums/forumdisplay.php?s=&forumid=90

Leaving some info about this transaction may stop the next guy from getting burnt. I understand your transaction with him/her was local and a little different, but the next scam could do a lot more damage to someone in different financial situation. I've been off work for awhile now do to an injury at work. I've had to sell fish stuff recently just to pay the bills, and keep the tank running. If someone pulled this type of thing right now I would be in serious trouble.
 
Thanks for your support guys. I will make this known in the feedback forum once this is resolved, please PM me if you need to know sooner (i.e. selling something to somebody in Ohio that you don't know).
I really don't think this guy is bad, but the situation that he has created is horrible! Truth be told, I had a bad feeling about the transaction all along. I was nice enough to meet him at a convenient location (spending gas money and time, 30 minutes each way). I was also nice enough to accept paypal, as he needed to pay with credit card. I prefer cash when I'm meeting somebody face to face, as to avoid the small paypal fee.

I just hope he feels good about the situation he has created. I know that I don't.

If you were offered a refund over a month ago, why would you request a charge back? He has had the item for almost 2 months and there is no telling what could have gone wrong in that time with a lighting unit. It seems as though he is just trying to get a rise out me... Congrats!
 
<a href=showthread.php?s=&postid=9907826#post9907826 target=_blank>Originally posted</a> by MJAnderson
Karmic payback or Karmic debt?


We did a trade at a Cleveland Fragswap (not the last one, the one before) that he was not happy with.
 
<a>Originally posted</a> by cowcio
We did a trade at a Cleveland Fragswap (not the last one, the one before) that he was not happy with.

Unfortunately, in the end, it became less about the trade itself and more about your handling thereof...I'm a firm believer in karma :)
 
<a href=showthread.php?s=&postid=9907973#post9907973 target=_blank>Originally posted</a> by Norm R
Unfortunately, in the end, it became less about the trade itself and more about your handling thereof...I'm a firm believer in karma :)


I surely got the bad end of the stick :)


Norm is a good guy from all that I've seen...
So... Just so everybody knows, don't trade Norm something that he will be unhappy with!!!!! Or, this could happen to you.
 
For the record...

* you said you understood my dissatisfaction because you were dissatisfied w/ the zoos you traded me as well... but you needed to recoup the freight from your big zoo order somehow...so you passed them on to me

* you told me the other person you traded the same zoos to, on the same day, was extremely unhappy and being a jerk about it so you refunded his money immediately

* you promised me from the get-go to "make it right" (as your parents always taught you) and as I recall, thanked me for the way I was handling it...

* when you realized I was going to hold you to your commitment to "make it right", you were suddenly unhappy w/ what I traded you

* Since you said you were unhappy also and frequently in Columbus, I offered to simply trade back.... you declined and said you'd refund my money

* there were lots of promises but the refund never came...

Sorry to waste everyone's time w/ this. I just found some of cowcio's posts above a bit ironic after my experience w/ him. I still have the 40 or 50 PMs we traded on the topic full of his appologies, promises, etc. to back up my statements above.

I'm finished. You can have the last word cowcio. :)
 
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