Thread: Poor Form

Originally Posted by FRB Design

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.

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?

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)

Originally Posted by 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?

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.

Originally Posted by 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)

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.

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.

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.

Originally Posted by 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.

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.

Originally Posted by 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.

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.

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


Thanks,


Frank.

Originally Posted by 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.

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.

Originally Posted by FRB Design

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

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