Poor Form

[FRB Design]

My opinions,

I recently purchased an item from a forum member for $200.00. I drove out 3/4's of an hour to pick it up. On inspection of the item he explains it won't turn on as it needs a new battery. So I take and pay for the item in good faith that it just needs a new 9v battery. Could have told me to bring one out if you want to make sure it works and I could have picked one up on the way out, would have helped. I picked it up on a Saturday and on Monday got a new battery for it. Replace the battery and it still wont turn on, try another battery and still nothing. I have an alarm clock that runs a 9v and to my surprise the so called flat battery still works in other words it was not the battery.

I PM the seller explaining the problem and in all fairness was expecting a "sorry about that don't know what's wrong with it if you can return it I will give you your money back.

What I received back was accusations that I must of dropped it and he will not be bullied into giving my money back and he would need time to think about it. I replied that the item has not been mistreated in anyway and no one is bulling him into anything and the fact that his reason for it not working being the battery was not the reason why it won't turn on. A week passed with no reply. After no answer to PM and an email I sent one more asking why he is ignoring this matter and not being fair about it and stated the I will go public on the forum with the blessing of the mods if they allowed it.

Funnily enough a reply came to the PM quite quickly, but the reply just contained more accusations stating that I must have dropped it as it was working a month ago when he used it and if I went public or said anything he would sue me for defamation and told me to go away and leave him alone. Later he stated if i said anything he would have it removed by the mods anyway. Kept copies of the PM's E-mails that prove my opinions.

If it was myself who had sold it and I thought it was the battery and it turns out not to be the case why it doesn't work I certainly wouldn't flat out accuse them of breaking it, accuse them of bulling just for asking for their money back, ignore them for over a week or threaten to sue them if they say anything about it. I think the fair thing to do would be gee sorry i thought it was just the battery and sorry for the inconvenience and happily take it back. If I was stupid enough to have dropped it or broke it myself I would not even think of trying that on.

I am fully aware of buyer beware but i can't believe this is the way a forum member should behave and can't believe the way I have been treated. 10 out 10 people I have run this scenario over with all agree that the right thing to do and what they would do is take it back. So I am quite stumped on this one.



Frank

[Sturdee]

So I am quite stumped on this one.
Frank

So am I.

Personally I would post the specific details and all the related pm's on the forum and be damned the consequences as I believe that forum member is bluffing. Hence I would call his bluff.

Peter.

[BobL]

I think this is poor treatment. I would hate the fact that you had to drive 45 min to get it?

Have you asked the mods about this?

[Evanism]

All this hard work. You have documented your attempts to correct the situation I take?....just copies of emails and PMs are a good start.

The next step is to fill out a form to the Small Claims court. You just outline the case in bullet points and attach the documents. Post it in. A letter is sent to Rip Off Man and he can either choose to contest it or not.

If he does, it's 1 hour of your time to turn up and explain yourself. Take the item and reasonable proof (say, from a local repair shop). The magistrate sees this crap all the time and will issue a bench determination for him to give the money back. Don't need to overplay it, just the facts.

If he doesn't respond to the letter, a summary judgement is issued and the dude is sent a letter advising to send the money to the court. The sherif will execute it. You just sit back and wait.

Some times it can take a bit, but it always plays out in the favour of the purchaser with adequate doco. Don't lie, don't embellish, just the facts.

It's taken me longer to type this than it is to fill in the form. Use Small Claims. It works and it's very good. I've done it 4 times in my life and is kind of fun (once only 2 months ago. They sent me the money back as the courts would nuke them)

[FRB Design]

I think this is poor treatment. I would hate the fact that you had to drive 45 min to get it?

Have you asked the mods about this?

Bob in the copy of the last reply from the seller it is quoted this " he has run this past the mods and states that they don't care and has nothing to do with them" this came before the quote "that if I said anything he would have it removed."

If the seller has run this past the mods I have heard nothing about it.


If the moderators wish to comment or moderate this thread I am completely happy for them to do so.



Frank.

[FRB Design]

All this hard work. You have documented your attempts to correct the situation I take?....just copies of emails and PMs are a good start.

The next step is to fill out a form to the Small Claims court. You just outline the case in bullet points and attach the documents. Post it in. A letter is sent to Rip Off Man and he can either choose to contest it or not.

If he does, it's 1 hour of your time to turn up and explain yourself. Take the item and reasonable proof (say, from a local repair shop). The magistrate sees this crap all the time and will issue a bench determination for him to give the money back. Don't need to overplay it, just the facts.

If he doesn't respond to the letter, a summary judgement is issued and the dude is sent a letter advising to send the money to the court. The sherif will execute it. You just sit back and wait.

Some times it can take a bit, but it always plays out in the favour of the purchaser with adequate doco. Don't lie, don't embellish, just the facts.

It's taken me longer to type this than it is to fill in the form. Use Small Claims. It works and it's very good. I've done it 4 times in my life and is kind of fun (once only 2 months ago. They sent me the money back as the courts would nuke them)

Thanks Evenism,

This is sound advice and unless a change of heart happens ,which I hope does with out any malice on my part my next step would be as you have stated.

[Mobyturns]

Was the purchase arranged through the "Market Place"? If not it probably has no interest to this site or the owner & moderators and becomes a civil matter.

Sad that you cannot trust sellers. Buyer beware. Hard lesson, but all is not lost.

I would take up his bluff and seek redress through fair trading legislation.

[Avery]

10 out of 10 ?

I must be 1 of 11

The Forum moderators have absolutely nothing to do with this!

You bought a $200 item that relied on a $1.00 battery to function . You did not test it, try it out.

Now it is "He said, I said"


You relied on the good will of the seller - your choice.

The Forum marketplace is there for the convenence of members. Anyone that uses it should be aware that they have to take responsibity for their own actons.

[FRB Design]

10 out of 10 ?

I must be 1 of 11

The Forum moderators have absolutely nothing to do with this!

You bought a $200 item that relied on a $1.00 battery to function . You did not test it, try it out.

Now it is "He said, I said"


You relied on the good will of the seller - your choice.

The Forum marketplace is there for the convenence of members. Anyone that uses it should be aware that they have to take responsibity for their own actons.

I know this person and had no reason to not take what he said in good faith. However what he said is in print and what I have said is in print and documented. I am fully aware of buyer beware as I stated.

Good faith is good faith but it obviously accounts for nothing, should he have stated that there is no warrenty or refund on his item. If I didn't know him from a bar of soap no I wouldn't have taken him on his word and wouldn't have bought it and drove home.

[FRB Design]

Was the purchase arranged through the "Market Place"? If not it probably has no interest to this site or the owner & moderators and becomes a civil matter.

Sad that you cannot trust sellers. Buyer beware. Hard lesson, but all is not lost.

I would take up his bluff and seek redress through fair trading legislation.

The item was purchased through PM in the market place, and placed by a very trusted seller, would have been good if it stated if you drive all the way out here to pick up bring a battery if you want to test it. But buy the time your out there its a bit of a drive to go back and pick one up.If someone else had purchased it and it was sent interstate I suppose it would have been Australia Post fault and they must have damaged it.

[FRB Design]

Well GOODWILL still does exist , I have been contacted by the seller offering a full refund over the coming week or two.


Thanks,


Frank.

[Mobyturns]

Well GOODWILL still does exist , I have been contacted by the seller offering a full refund over the coming week or two.


Thanks,


Frank.

Looks like calling his bluff may have worked or more likely the other party realised the damage to both reputations was not worth the agro. Hope this gets settled amicably so you both can move on.

I must admit over the years I have been in situations where both the seller and purchaser have relied upon goodwill and references from others wrt to completeing a sale. Sometimes we take a greater risk than we should but if both parties are true to their word it really should not be a risk.

[ubeaut]

Bob in the copy of the last reply from the seller it is quoted this " he has run this past the mods and states that they don't care and has nothing to do with them" this came before the quote "that if I said anything he would have it removed."

If the seller has run this past the mods I have heard nothing about it.

If the moderators wish to comment or moderate this thread I am completely happy for them to do so.

The following information is copied directly from Classified Listing Guide and Auction Participants Guide.

Cheers - Neil

CLASSIFIEDS LISTING GUIDE

THE ROLE OF WOODWORK FORUMS

This site does not enter into monetary transactions or business dealings between marketplace buyers and sellers. This site is a neutral facilitator only, and will not be responsible for the failure of either party to follow through with their obligations, agreed or otherwise. The content of a listing is the responsibility of the respective sellers including compliance with all laws and not engaging in misleading and/or deceptive conduct and therefore This site is not liable for any violations of rights of a third party, in particular intellectual property rights, trade mark rights, and copyright resulting from a marketplace listing. This site reserves the right to remove or edit an auction listing at any time and may ban users from participating in the auction.

AUCTION PARTICIPANT GUIDELINES

GUIDELINES FOR BUYERS AND PARTICIPANTS

1. Comments should be made only by those who are seriously interested in buying the item for sale. Frivolous comments, even if they are well-intentioned, are discouraged and may be removed by a moderator.
2. Negative comments about or criticism of the seller or item for sale are strictly not allowed. This includes accusations of fraud or theft, even if they are well-intentioned (for example, to warn others). If any member has a dispute with a seller, it must be solved privately, and not be referred to publicly in auctions. A member who posts negative comments or accusations about a seller may have their posts removed, or may be banned permanently.
3. This site does not oversee the process of money changing hands and is unable to offer assistance in cases where the sale does not go as planned, or the item is not delivered as described. All buyers should take due care when purchasing any item.

REPORTING OFFENDERS

The Administration Team of this site regularly view the auctions, however they may not notice every guideline violation immediately.
If you notice anybody breaking these guidelines, it should be reported to moderators for action. Please do not complain about a member breaking the guidelines publicly in a comment. Your comment may be removed and you may receive a warning.

THE ROLE OF WOODWORK FORUMS

This site does not enter into monetary transactions or business dealings between marketplace buyers and sellers. This site is a neutral facilitator only, and will not be responsible for the failure of either party to follow through with their obligations, agreed or otherwise. The content of a marketplace listing is the responsibility of the respective sellers including compliance with all laws and not engaging in misleading and/or deceptive conduct and therefore This site is not liable for any violations of rights of a third party, in particular intellectual property rights, trade mark rights, and copyright resulting from a listing. This site reserves the right to remove any auction, listing, bid, or comment from the system at its own discretion.