How to deal with a bad internet seller?

Steve Carlton · 10-02-2012, 01:59 PM

I'm in CA and I purchased a vintage Accutron Spaceview watch completely restored from a specialist who seemed to be trustworthy. After some discussion and a positive impression, moved forward with this timeline:

3/15/2011 $400 deposit sent
5/2/2011 $400 balance sent when watch was finished
5/12/2011 watch received
5/14/2011 noticed the watch stopped for 40 minutes, informed seller
5/15/2011 reset watch, noticed it runs 2 min/day fast. Seller said sorry, send it back and he'll fix it or provide full refund - $25 for a new strap
5/31/2011 e-mailed seller I've been too busy to send the watch, but now only the second hand works. Wore this watch once or twice.
10/26/2011 e-mailed seller I had shipped the watch and want refund
10/26/2011 seller offered to resell it minus 30% commission - repair work for what was wrong with it when I got it.
11/4/2011 seller offered to consign it and net me $625 and I agreed
12/27/2011 I called and asked what is going on, seller says he has a buyer and is waiting for the money
2/5/2012 I asked what's going on. No response
2/12/2012 I asked again
2/14/2012 seller said he sold it and got stiffed by buyer and PayPal
3/4/2012 told seller this isn't fair for me to be shorted, no response
8/10/2012 I asked for refund
9/20/2012 told seller last chance before I take action. Posted my story under "Gromitspapa" in this thread regarding this seller:
Do NOT buy from Eric Grafton - Page 3
9/21/2012 seller says he has my watch and will send it back to me
9/26/2012 seller responds to my post on the watch forum, failing to mention that the watch was reported defective 2 days after receiving it:
Do NOT buy from Eric Grafton - Page 4
9/20/2012 thread on watch forum is closed before I can respond
10/2/2012 seller e-mails me since I slammed him on a watch forum, he's not sending me the watch without me paying some undisclosed repair bill first. I told him at this point I want a 100% refund or I'm taking action.

If I sue this guy in small claims court, do I file in CA or NJ? Is this a "crime" because of the interstate sale? I created a Yelp page for his business that I can write a review in. Can his behavior be posted on Facebook? Suggestions?

Joeaksa · 10-02-2012, 02:26 PM

Mail fraud?

Would do all I could to give him what he deserves...

RWebb · RWebb's Garage

if USPS was involved try to the Postal Inspectors involved - they will just send him a letter but a letter that mentions a federal crime might get his attn.

also try state Attorney General's Office of Cons. Protection

see if Cali. has a "long arm rule" for jd. and if it applies to small claims ct. - you will still have to collect...

did you use a credit card?

on2wheels52 · on2wheels52's Garage

This would be a good time to be friends with Tony Soprano.
Jim

Gogar · 10-02-2012, 03:10 PM

Quote:

Originally Posted by Steve Carlton

5/31/2011 e-mailed seller I've been too busy to send the watch, but now only the second hand works. Wore this watch once or twice.
10/26/2011 e-mailed seller I had shipped the watch and want refund

So, you had the watch for about 5 months before you sent it back? Or did you send it back in May/June?

Steve Carlton · 10-02-2012, 03:32 PM

I paid with PayPal gift, don't remember how it was shipped, but might be able to look up. I reported it broken to himtwo days after receiving it and shipped it back five months later.

scottmandue · 10-02-2012, 03:51 PM

Sorry to hear of your pain... the Accutron Spaceview is on my list of must haves...

I think they sell them at finertimes.com, or I have had good luck with PMWF...

I picked up a Seiko bullhead off evilBay, it is nice but keep horrible time.... I got it cheap so will pay to have it fixed.

Hope things work out for you.

Gogar · 10-02-2012, 03:59 PM

Quote:

Originally Posted by Steve Carlton

and shipped it back five months later.

Best of luck to you, I don't think the above part is going to help you whatsoever.

stomachmonkey · 10-02-2012, 04:09 PM

Quote:

Originally Posted by Gogar

Best of luck to you, I don't think the above part is going to help you whatsoever.

Yeah if I sold you something that got flaky two days after you received it and you kept and used it for another 5 months before sending it back I'd probably tell you to go pound sand.

WolfeMacleod · 10-02-2012, 04:23 PM

I know how it goes. We've got an old Music industry scammer who's shown his face again, after recently being released from prison. Was convicted under RICO charges.
His ploy was to pretend to be heavily connected with the Allman Brothers band. He managed to scam Gibson for almost $15,000 in gear....myself, and other out of a lot of gear, as well as a fake company building nonexistent amplifiers.
Back in 2002 he organized benefit concert for crippled kids that the Allmans actually played called Slider's Ball. He ran with the cash.
Now he's pretending to be a pickup company, selling stuff, in some cases supposedly made by "the same guy who did Duane Allman's" ... in some cases "NOS" 40 year old made by the same guy.
It's all cheap Chinese junk. In several cases, people have received nothing.

He's currently being charged with other things, too...scamming the storefront signage industry in Georgia...

andrew15 · 08:33 AM

Never mind - I read the timeline. 5 months before you returned it because you were too busy? ? That's crazy!

Gogar · 10-02-2012, 06:05 PM

Or you could call it

www.ericgraftonwouldnttakebackawatchhesoldmewhenit riedtoreturnit5monthsafteriboughtit.com

Oracle · 10-02-2012, 06:19 PM

Quote:

Originally Posted by Steve Carlton

I paid with PayPal gift, don't remember how it was shipped, but might be able to look up. I reported it broken to himtwo days after receiving it and shipped it back five months later.

Steve,
I've been reading that thread (I collect spaceviews) and it's extremely unusual that the buyer expected any kind of return after 5 months of ownership, I mean the fact that was broken in the first place becomes secondary..

I'm sorry but as much as I dislike Eric G. (he's been famously called a few times before) you missed your chance to get it fixed and get this right.

And since you publicly accused him I don't see how small claims will find sole fault on his actions, at most they'll split anything after you pay him the repairs, shipping, etc..

I'm sorry your spaceview experience has turned into a nightmare...

chocolatelab · chocolatelab's Garage

First, the 5 month thing is brutal for a return, maybe if it was costco that might work. You should have kept it and fixed it locally at that point.

What i think is really stinky is that he said the watch was sold and he got stiffed then ended up with it again 7 months later. How the hell?

Steve Carlton · 10-02-2012, 09:39 PM

Quote:

Originally Posted by Gogar

So, you had the watch for about 5 months before you sent it back? Or did you send it back in May/June?

Seller said he'd fix it or refund it in May. I didn't get around to sending it back until October. Didn't wear it.

Steve Carlton · 10-02-2012, 09:41 PM

Quote:

Originally Posted by stomachmonkey

Yeah if I sold you something that got flaky two days after you received it and you kept and used it for another 5 months before sending it back I'd probably tell you to go pound sand.

I didn't get around to returning it for 5 months, but I didn't use it. Seller only wanted to deduct $25 for the strap, which was "bent."

Steve Carlton · 10-02-2012, 09:55 PM

Quote:

Originally Posted by Oracle

Steve,
I've been reading that thread (I collect spaceviews) and it's extremely unusual that the buyer expected any kind of return after 5 months of ownership, I mean the fact that was broken in the first place becomes secondary..

I'm sorry but as much as I dislike Eric G. (he's been famously called a few times before) you missed your chance to get it fixed and get this right.

And since you publicly accused him I don't see how small claims will find sole fault on his actions, at most they'll split anything after you pay him the repairs, shipping, etc..

I'm sorry your spaceview experience has turned into a nightmare...

I figured 5 months later he would still repair the watch that was defective from day one. I totally understand his unwillingness to refund it, but would have preferred that. It's a collectable- it should be worth the same 5 months later and what he does is restore and sell Spaceviews. Having him want to charge me for repairs that were needed from day one galls me. In that thread he claims I tried to return it 5 months later and never mentioned it was defective- an outright lie. After him jacking me around for almost a year and discovering he had the watch pissed me off and that's when I decided to take the high road and insist on a 100% refund. He tried to steal the watch from me.

Oracle · 10-03-2012, 05:36 AM

Quote:

Originally Posted by Steve Carlton

I figured 5 months later he would still repair the watch that was defective from day one.

Why on earth you thought that?? As someone pointed out, he's no Costco!

Regardless, I hope you guys come to terms and have this resolved.

Good luck.

Steve Carlton · 10-03-2012, 06:45 AM

He acknowledged the watch needs repair within days of me receiving it and also offered to refund it minus $25. I only asked for a refund 5 months later and was okay with that part of his offer to be too late. I only asked, as that would have been my preference. The watch doesn't depreciate. Insisting on charging me to repair it was tacky I thought, as it was broken from day one. I accepted his offer to consign it with him and that's when I was mistreated and ripped off.

Geoz1 · 10-03-2012, 06:56 AM

What are you trying to accomplish by posting this here? It really appears that you had no concern to get the watch fixed to begin with. Then you casually allow this ordeal to go on for over a year, and now your looking for sympathy.