eBay deal gone bad - am I wrong here?

[Rick Lee]

Wayne's thread on the PermaTune kit got me thinking of a dispute I have right now with a different SoCal parts house. In December they were selling on eBay a brand new set of Sway Away adjustable spring plates (sans bushings) for $225. The ad very clearly stated several times that they were new and for an '87-'89 G50 Carrera. The eBay photo was probably taken right out of the Performance Parts catalogue, though that was not the seller. I called to confirm they were the right plates, bought them, paid an extra $30 to have them throw in a set of Neatrix bushings and then $20 for shipping. Got the spring plates and a few weeks later the NoVA DIY gang and I went to install them. It was a lot of work and we had to do some banging to get them in with the tight bushings. Imagine our horror when we belatedly discovered that they did not reach the trailing arms. Yes, these were spring plates for a '68 911 with the shorter wheel base! All that work for nothing.

Anyway, I rounded up the CORRECT ones locally and called the SoCal parts place. The guy didn't believe me, but said he'd take them back and refund if they were, in fact, the wrong ones. Why would I lie about this? So I paid for shipping AGAIN, sent them back and heard nothing. A few weeks later this huge package shows up in my office. That jerk mailed them back to me with no phone call, no email and just wrote on the "PAID" invoice a note that the plates were damaged.

Damaged they were not. Installed, yes. But only for 5 min. and never driven on, as they would not reach the trailing arms. Now it's too late to do anything with PayPal, so I disputed the charge with my credit card and it's still ongoing. How can this guy win, since he clearly sent me something other than what he advertised? I didn't have a spare set of new G50 spring plates laying around to compare with the ones he sent me before install and was naive enough to just assume he had sent me the right parts. These plates are not damaged and I have no use for them. But I do have a use for the $275 I am out. Am I wrong here?

[Schuey]

the first thing you need to do is file a eBay Safe Harbor complaint ASAP, if you paid via Paypal do it there too, and contact your credit card company, also if they used the USPS filed a FRAUD alert with them and the Better Business Bureau...you have to file within 30 days with eBay/Paypal so get on it...good luck...

[Rick Lee]

The problem here is that it did not become a dispute for well after 30 days after the transaction was done. It took about 10 days or two weeks to get the spring plates and we didn't install them for another 3 wks. or so - well past the 30 day mark. Right now my credit card co. is dealing with it.

[Overpaid Slacker]

Wrong? No. Hosed? Probably.
OK, with the benefit of dispassionate hindsight, you ought to have checked the fitment/reach before getting the bushings in, but that's not the real mistake here, imho. You didn't (I'm assuming) take a photo of them when they arrived, nor before you shipped them back, to document and compare condition.
If the seller intended deceit, all he had to do was prang one of the bushings with a hammer once he'd received them back and claim you'd done it -- thereafter returning them to you "damaged".
Now you're in the unfortunate position of having to lobby someone who already has your money to do the right thing, when it doesn't seem like he *wants* to do the right thing in the first place (unlike our host and benefactor).

Good luck.

JP

[RickM]

QUOTE: "It took about 10 days or two weeks to get the spring plates and we didn't install them for another 3 wks. or so"

IMO, The transaction was not completed until you received the parts.

Seems your CC company will be your best bet here.

[Elombard]

If that were PP they would have made it right. That is the difference.

[jrdavid68]

How much are the parts that you received in error worth? Could you re-sell them on eBay and cut your losses?

[Rick Lee]

Originally posted by jrdavid68
How much are the parts that you received in error worth? Could you re-sell them on eBay and cut your losses?

Even worse, I'm pretty sure the tube plates are the wrong ones and the outer plates are the right ones. They're just totally mismatched and useless. I didn't fell like trying to explain this in the letter to my credit card company and am hoping to win on the basis of having received something totally different from what was adevrtised.

[Harold_89_911]

I have gone through this once with a smaller item (computer monitor) purchased through PayPal on e-Bay. The picture was different than what I received (older model). It was an excellent learning opportunity and well worth the money I spent

1) Paypal didn't do anything because I received the item. The fact that it was misrepresented does not matter to them. They see that as a quality dispute and won't get involved. I had the impression that they were looking for an excuse to not get involved.

2) I disputed the charge with my CC company (this was about 90 days after the purchase) and they were very helpful. Paypal got extremely pi$$ed because they would be stuck with the bill. The thing fell apart because the CC company asked for proof that I sent the item back. I had an unverified seller's address and would have had to pay shipping charges again which was not worth it to me. The monitor has been working fine so I dropped the dispute.

3) Funny part is that I still have my Paypal account (they did not cancel it) but the dispute did show up on my credit report.

4) Moral of the story, if you want your money back, your CC is probably your best bet. It will take a lot of correspondence and make sure you have proof of shipping the item back. For a seller, a CC dispute can be an extreme pain to deal with.

[Rick Lee]

Thanks. My credit card company first told me I'd lose because I had not sent them proof that I had returned the item. But they hadn't asked for it. I then got them the tracking label and even the signature of receipt by the seller. AND the fact that I had the spring plates in my possession AGAIN with a note from the seller pretty much closed that possible argument. Last I heard, the CC co. had just gotten a response from the seller and were looking it over. I wouldn't be surprised if this schmuck tries to say I still have the spring plates. Well, I do. But only after he shipped them to me again without calling or emailing me first.

[Kevin Stewart]

Richard, I lost 1000 dollars to A-1 parts in ohio on a ebay transaction, if i wopuld have used paypal I would have got a refund, post thier name we will all send them emails or we all will not do business with them, Kevin

[dtw]

Did you take pictures of the inadequate installed plates? Have you been on the phone with this guy since you got the package back?

Also, can you PM me the name of the haus? Thx.

[Rick Lee]

I'm not gonna stir the fire anymore by posting names until this is settled. EBay said I had to file a fraud claim if I wanted their help and I'm not sure that's warranted - yet. I think it's just a matter of incompetence and poor customer service, but probably not outright fraud - yet.

[APKhaos]

Richard,
Don't forget that you have three independent witnesses, at least one of which will support your statement that the plates were partially fitted, found to be the wrong part, and immediately removed. We can probably ignore the part about busting your balls and yukking it up in the corner of the garage.

Call me if this helps - I'm sure Marc and Jim would be up for this as well, but best check with them.

[thrown_hammer]

This is why I never EVER buy anything on Ebay...

[Jim Richards]

You mean I shouldn't say Richard was whacking them with a sledge hammer, then cutting them too short with a torch? Just kidding!

[Rick Lee]

Jim, Tony, Charlie and Marc, I still get mad thinking about that day. I was pissed off for a good 3 or 4 glasses of Maker's Mark afterwards. That was the closest I came to starting smoking again too.

[old_skul]

I'm going to rename this forum the "I Got Screwed/Someone Claims To Be Screwed By Me" forum.

Have we not had enough buyer/seller drama on the boards lately? It's actually getting on my nerves.

[thrown_hammer]

Mark,
It comes in waves. Before this we had the "Disaster forum" going on...
You know, My car burned to the ground, My cars rear seats are rusted completely out... Someone smashed into me.
It's like the tide you can't fight it.

[old_skul]

It's one thing to ask advice about one's disasters concerning one's car, Shawn. It's something entirely different to complain endlessly (no offense to the tread starters, really) about buyers or sellers.