Took a risk on this SKS

[Alphabrew]

The guy should just make good on the deal. That's the bottom line. Helen Keller would have packed that rifle better in the shipping box.

 

[Boom Boom]

It's telling that the seller expects you, the buyer, to file a UPS claim. When I'm the buyer, on the rare occasion UPS delivers something damaged: 1) I notify the seller and ship the damaged goods back, 2) the seller reimburses me upon receiving the goods and files the claim.

How did you pay?

 

[AssMan]

It's telling that the seller expects you, the buyer, to file a UPS claim. When I'm the buyer, on the rare occasion UPS delivers something damaged: 1) I notify the seller and ship the damaged goods back, 2) the seller reimburses me upon receiving the goods and files the claim.



How did you pay?

Exactly, AFAIK only the shipper can file a claim. I paid by USPSMO

I gave the guy 48 hours to let me know how he wants to handle this. The guy runs a brick and mortar shop, so it's not like it's the first time he's shipped a gun or had to deal with a refund. I have to wait 30 days to file a fraud claim with GB. Will likely go after him in small claims as well if he just ignores me. I'm sure he's on PAGOF, but I'm not going there yet.

I'll give him time to make the right call.

 

[Mooseman]

Years ago, I sold a lot of motorcycle parts on ebay. I screwed up my packaging one time and some damage occurred. I asked the buyer what it would take to make him happy. He said that a partial refund would work for him. I immediately sent him what he asked for, no questions asked. I did not even ask for pictures of the damage for proof. I screwed up and I knew it. I did what it took to make my customer happy. That same guy bought from me many times after that.

 

[Vile Shadow]

It's amazing how poorly some people will pack things, especially heavy and/or delicate things... as if they expect package handlers to carefully lift and move every box individually.

Shipping monkeys CAN AND WILL throw your boxes around like a football. It doesn't matter a damn if it's labelled "fragile" or "delicate" or even "live kittens". Everything should be boxed up for shipping like you expect it to survive a 15' fall onto a concrete floor. Repeatedly.

I see that frequently in my line of work. For example, freight gets speared with forklift blades all the time.

Most of these yahoos are mindless drones who aren't held responsible for a damn thing unless there's a spill of some kind involved.

 

[winterfaust]

oh this SO sucks! Good luck bud!

http://www.priceisrightlosinghorn.com/

 

[AssMan]

So "Duke" responded with a one liner telling me that I need to deal with UPS. That's it. No apology, no UPS claim number, no proof that he actually insured it as stated in his post-auction email, no contact info - nothing. I gave him several options to make things right, including a partial refund (which I believe was generous on my part). Apparently he's just going to ignore me. BTW this is an established shop of nearly 40 years, not just an individual. I find it hard to believe that he'd treat a F2F customer this way.

I'm going to go ahead and get the small claims process rolling. For $28 in fees and the cost of a certified letter, it's probably worth it. If, after being served, he steps-up and makes good, I'll drop the case. The forms are readily available online, but the process isn't entirely clear to me with respect to filing the forms with the clerk, notification of the defendant, etc. Anyone here file a small claim before? Will the clerks office provide me with a notice that I (third party) can use to serve him?

 

[Alphabrew]

What a pain in the ass. Sorry you have to deal with this shit.

 

[Sirex]

Are you going to claim it was misrepresented too? Shame, that was a neat looking rifle.

 

[Boom Boom]

Anyone here file a small claim before? Will the clerks office provide me with a notice that I (third party) can use to serve him?

Sorry you're going through his. Apparently he's far from a stand-up guy. I've done small claims before. I paid to have a sheriff's deputy serve the papers. Worth every penny because it took the deputy about five times before success. The deputy finally went to the guy's employer and served him on the shop floor. The guy I sued never showed for court and I won by default. Then he didn't make scheduled payments so I filed more paperwork and received one lump sum taken from his paycheck a few weeks later.

 

[Melnic]

Yes, he needs to feel the pain of false representation on GB.
Please say you are filing a claim with GB as well.
You should try to deal with UPS just to show an effort as well.
Don't wait for that, if UPS tells you "tough" you will need that info for small claims as well as GB

 

[toolness1]

So "Duke" responded with a one liner telling me that I need to deal with UPS. That's it. No apology, no UPS claim number, no proof that he actually insured it as stated in his post-auction email, no contact info - nothing. I gave him several options to make things right, including a partial refund (which I believe was generous on my part). Apparently he's just going to ignore me. BTW this is an established shop of nearly 40 years, not just an individual. I find it hard to believe that he'd treat a F2F customer this way.

I'm going to go ahead and get the small claims process rolling. For $28 in fees and the cost of a certified letter, it's probably worth it. If, after being served, he steps-up and makes good, I'll drop the case. The forms are readily available online, but the process isn't entirely clear to me with respect to filing the forms with the clerk, notification of the defendant, etc. Anyone here file a small claim before? Will the clerks office provide me with a notice that I (third party) can use to serve him?

Wow, what a jerk. People suck.

Sorry you have to go through this, but I hope you stick it out and this guy gets at least a bit of a wake up call that he can't treat people like that.

Good luck!

 

[Boom Boom]

Any updates?

 

[AssMan]

So, I'll keep this brief. Essentially, there was no action until 1/17 when I could actually file a fraud claim with GB (per their rules you had to wait a minimum of 30 days but no more than 60). I did go ahead and file a claim, and provided the necessary documentation. There's not much feedback from GB but they have contacted "Duke."

In the interim, I followed-up with UPS to check on the status of the insurance claim. Well, guess what? UPS paid out (not sure of the amount as they were pretty tight lipped since I'm not the shipper) and "Duke" neglected to inform me! So now he's got $500 from me AND likely another $500 from UPS, and I have a broken "C" grade Chinese SKS.

I contacted "Duke" letting him know that I knew about the UPS settlement and he told me that he might be willing to refund my money if I send him the rifle and it passes his inspection. I told him no bueno, and that I would need to receive $500 in certified funds before shipping him anything, and that I would thoroughly document the rifle's condition and packaging before shipment. He has not responded since.

So here's my plan:

1) I'm still waiting on closure from GB. Not sure what that means though, and I'm not letting that hold me up at this point.
2) I will file a formal complaint with the PA Ag's consumer protection division.
3) GB has suggested that I file an internet crime complaint with the FBI (really don't want to do this as I fear this might seriously **** the guy).
4) I'm going to go ahead and file a small claim in District Court this afternoon. If he pays prior to the court date, I'll drop the claim.

Anyone see this differently?

Oh and get a load of this gem...he (well, his son and store manager) support universal background checks because he'll make more money.

http://swampland.time.com/2013/03/26/universal-gun-background-checks-shine-spotlight-on-gun-stores/

What a douche.

 

[Boom Boom]

Interesting. Since the seller now has your money and the UPS payout and refuses to refund you, the situation has potentially changed to criminal fraud (involving firearms). I think you need to send back the rifle, per his request, to receive your refund. If it were me, given the crap the seller has put you through, I would call the FBI before I shipped back the rifle. FBI might have interest in being in the loop to see if the shop owner tries to keep your money, the UPS payout, and the rifle.

 

[Matlack]

He is currently committing fraud potentially leaning towards othe felonies, I would contact the fbi as suggested.

 

[AssMan]

Interesting. Since the seller now has your money and the UPS payout and refuses to refund you, the situation has potentially changed to criminal fraud (involving firearms). I think you need to send back the rifle, per his request, to receive your refund. If it were me, given the crap the seller has put you through, I would call the FBI before I shipped back the rifle. FBI might have interest in being in the loop to see if the shop owner tries to keep your money, the UPS payout, and the rifle.

I've thought about this too. Frankly, the guns worth $150 (maybe) and I'm not going to invest in repairing it, so I'm not losing much if he keeps it. What I want is some leverage such that he needs to pay in a timely manner. 10 days or something. Otherwise this dick will end up paying me in October.


Sent from my iPhone using Tapatalk

 

[atblis]

Looking at his feedback...I would never buy from someone who has that many negative feedbacks especially with many/all of them being about item condition. Negative feedbacks for things like slow shipping I can overlook.

 

[Boom Boom]

I've thought about this too. Frankly, the guns worth $150 (maybe) and I'm not going to invest in repairing it, so I'm not losing much if he keeps it. What I want is some leverage such that he needs to pay in a timely manner. 10 days or something. Otherwise this dick will end up paying me in October.

Catch 22. It's routine practice for the buyer to return a damaged item to get a refund. I've had to do it on items costing thousands of dollars. If you want leverage, I argue it's the FBI or ATF (contacted beforehand), since either is in a position to take quick action across state lines if need be.

 

[Abulg1972]

"3) GB has suggested that I file an internet crime complaint with the FBI (really don't want to do this as I fear this might seriously **** the guy"

You really care what happens to this douche canoe? I would employ a scorched earth policy