[xstud]

Boys,

I have a quick legal question. I had spent some ching on my debit card back in august and of course the company that I spent money with did not deliver as promised... so I filed a claim with my bank. After 45 days my bank found in my favor and credited me the balance....

Fast forward to today.. I get a letter in the mail with a bill from the company claiming that I committed fraud and that they are going to report this to the authorities...

Amt: 1700.00

Bank: Wells

Company: Rather not say.

They want money within 10 days... advice?

[englishmike]

Tell them to go fvck themselves and tell them to contact your bank.

Assuming you let the company know the services were unnaceptable and either returned the goods or let them know the goods wouldn't be used there isn't a problem.

[Salcas]

Tell em to go phuck themselves

[themajormt]

Let them report it to the "authorities" if you legitimately did not receive the merchandise they should not have any proof of delivery and they cant do anything... Without getting too specific what did you buy??

[xstud]

I was trying to purchase something off of ebay.. I don't have paypal so I agreed to moneygram the guy half up front and then half upon arrival.

It was for a boat since I just moved to FL... of course totally different boat than the pic so I wanted my money back... of course he did not see it the same way. MG said tough luck since it is a money transfer so I called my bank and they said I had every right to file a claim. All ebay did was suspend the user until the investigation was complete.

I will probably just tell them to go **** themselves... or in a nicer way just not respond.

[CrazyLou]

Originally Posted by xstud

I had spent some ching on my debit card back in august and of course the company that I spent money with did not deliver as promised... ?

Hold the phone, this is a broad statement and very very subjective. What does "not deliver as promised" mean? Did you order a bike machine and it never come? Or did you deposit with an online book, feel slighted somehow, and charged back?

Edit: I see you updated with more clarification. Disregard.

[InTheHole]

So ... how is your bank involved in this transaction? Was the boat your lock or the year or month?

[InTheHole]

What was the final score of the Game that did not deliver?

[xstud]

lol... back in august?

All it comes down to is I used my debit card to process the MG because I would be able to process more than 1k online.... all the places that were up in MN by me would not process more than 1k for a MG

Anyways.... General consensus.... ****'em?

My bank says that Visa found in my favor as well as them... so I don't think I have anything to worry about.. I just don't want some big possible court hassle or anything...

[MonkeyF0cker]

You will probably need to argue this to either a judge or the credit bureaus, if it comes down to that. I would certainly not ignore it. I would contact the company and explain your position. Ignoring the matter will make it seem as though you are, in fact, attempting to cheat them. I would gather all of your paperwork supporting your claims and be prepared to pay a retainer for a lawyer. If they continue to threaten legal action, I would tell them to expect a countersuit and retain a lawyer immediately.

[CrazyLou]

Originally Posted by xstud

I was trying to purchase something off of ebay.. I don't have paypal so I agreed to moneygram the guy half up front and then half upon arrival.

Big red flag.

I would have definitely thought something was fishy if anyone agreed to ship you something with you only having paid half upfront. Something doesn't smell right.

So, you got your money refunded, did you ever send the product back? Or did you sell it?

[xstud]

Thanks Monkeyfocker, I just cannot believe over 1700.00 I will have to go through this much shit.

I was just trying to research and see what the most serious charges people face in this situation... and to compound the problem I am in florida now and no longer reside in mn.

I don't feel I have done anything wrong especially with the bank/visa finding in favor of me.. but who knows.

[donjuan]

First place I go for legal advice is SBR.

[xstud]

Originally Posted by CrazyL

Big red flag.

I would have definitely thought something was fishy if anyone agreed to ship you something with you only having paid half upfront. Something doesn't smell right.

So, you got your money refunded, did you ever send the product back? Or did you sell it?

Crazy,

I moved from MN to FL... guy was from FL and I was going to stop on the way down and pick up the boat... when I did of course nothing looked right. The Half up front half when I get the boat.

I was pissed and never took the boat opting to take the dispute process with Ebay and trying to dispute with MG as well as the seller.... I was not going to pay another 1700.00 for something that was completely different from what was described.

[InTheHole]

Originally Posted by CrazyL

Big red flag.

I would have definitely thought something was fishy if anyone agreed to ship you something with you only having paid half upfront. Something doesn't smell right.

So, you got your money refunded, did you ever send the product back? Or did you sell it?

ROTFLMAO

You try to contrive a perfect alibi, and it's your perfect alibi that's gonna hang ya.

[InTheHole]

I must say I find you disappointing; I mean your incompetence. You left enought clues to sink a ship (NO PUN INTENDED). And for a man of your intelligence, you got caught in a lot of stupid lies.

[xstud]

well who cares.. MF gave me the most legit response. I was looking for peoples opinions.

Everyone can think I lied or fabricated or anything of that sort... no sweat off my back... I have nothing to prove and no reason to lie.

[InTheHole]

Hw did you see where you were going?

[xstud]

lol.. the S.S. XSTUD. I love it. bottom line... I now know why I hate ebay i am 1-3 on buying shit from that site.... the biggest swing and miss was on this boat.. rest of the misses were small and minor and just dealt with it.

[CrazyLou]

I'm curious to know though how was the boat not as described? Were there pictures of the actual boat itself, or just pictures of what it looked like if it were in pristine condition etc?

[xstud]

Crazy,

It looked in good condition and the seller said "Runs excellent and low hours" of course when I show up the motor in the picture was a 150hp motor and the one on the boat was 90 and at least 10+yrs old.. I can look over that.. but then to find out it was never salt rinsed the entire time the guy owned it.. obvious from the wood rot on the inside (covered by carpet obviously) and corrosion that was on the bottom...

Picture was definately not recent...

[InTheHole]

^^ That;s the boat...I like it for 3500.00 What is that 350 on the back?

[InTheHole]

Actually 3250...just noticed the duck tape on the engine

[CrazyLou]

Originally Posted by xstud

Crazy,

It looked in good condition and the seller said "Runs excellent and low hours" of course when I show up the motor in the picture was a 150hp motor and the one on the boat was 90 and at least 10+yrs old.. I can look over that.. but then to find out it was never salt rinsed the entire time the guy owned it.. obvious from the wood rot on the inside (covered by carpet obviously) and corrosion that was on the bottom...

Picture was definately not recent...

OK, I was just trying to figure out if it was explicitly stated or misadvertised as not having the components it had, or if a checklist was made of everything the boat had. I am sure you were thorough in your review but I'd have made 100% sure the boat in the picture was the same as the one in real life, and that any defects would be listed upfront. Having a completely different motor than what was advertised seems like it should've came up before money changed hands, plus the whole under the table, moneygram half-n-half deal doesn't lend itself to a happy outcome.

[bigugly]

Were you betting on the Vikings' love boat yesterday?

[bigugly]

Stiff.

[xstud]

yeah crazy, it was just a deal that was too good to be true.. alas it was.

it goes to show ya how bad things are with the economy.

[Boner_18]

Did the posting contain "as is language"? By bidding and winning on an item on ebay you have entered into a legally binding contract for sale. However, if the product is not as described (this is where a lawyer can shed light on the relevant jurisdictions common law) the seller may be in breach for non-performance.

In my contract litigation experience (albeit limited) the truth lies directly between the two opossing positions. Depends on how much time/effort you want to expend...

MF is absolutely right, do not ignore it, meet it head on. Be understanding of the opposing view, be rational, but don't roll over if you have been wronged...

[losturmarbles]

you need to respond in writing, and send it certified mail.

http://www.fair-debt-collection.com/ may help you out

[dr03]

fraud very serious. you go to jail for fraud. dont know why you are coming here asking for advice.

[xstud]

dr03, I was just looking for peoples opinions thats all. Fraud is totally serious I agree.

I am probably over-reacting anyways considering it is the usual crap that you get from people collecting a debt "we can" etc.