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An S2Ki member wants to sue me.. :)

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Old Jan 13, 2010 | 01:33 PM
  #1  
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Default An S2Ki member wants to sue me.. :)

Note: Guys, I'm sending the wing back, and I'm not stressing over the issue. Trust me. Thanks for all the feedback.

This guy, BowaBowa, was selling a new APR GTC-200 wing. There are two types of GTC-200 wings; a universal one and an S2000 one. In his for sale thread, people asked him if it was the universal one or the S2000 one. He doesn't respond to the questions, after a couple of pages, he did say "the brackets are for the S2000." I bought the wing.

When I received it, I noticed it was the universal one, so I told him that I wanted a refund. He said he didn't even know there were two versions. He said the APR representative told him that it would fit the S2000 (which it does.. kinda like a universal body kit, it fits but not really), but it wasn't the S2000-model wing. It was also about $150 cheaper than the S2000-model wing. He also stated that he already spent the money, and is going to move on, and ignored me.

His feedback thread which has everything that went on with the sale:
https://www.s2ki.com/forums/index.php?showtopic=730853

His original for sale thread for the wing:
https://www.s2ki.com/forums/index.php?showtopic=706283

I filed a claim through my credit card company, and after 3 months or so, on 01/04/01, the credit card company informs me that the dispute was has been resolved in my favor, and that the $450 was credited back to me.

He sent me a PM on December 11, 2009 (before I was officially informed by my credit card company that my dispute was resolved) and stared making all these demands:

Originally Posted by BowaBowa,Dec 11 2009, 12:23 PM
Hey, guess your chargeback went through and you got your money back. I demand a tracking number for my wing back please. If you do not provide the information and if I do not get the wing back I will need the $450 back. I know you assembled it and I do not know if you have used it or not but If the wing is damaged in any way, I will be taking you to court and getting my full amount back. You have 10 days.
I initially ignored him because his message pissed me off because he made me go through all this crap just to get my money back, and now he's making all these demands and threatening to sue me when I haven't even heard back from PayPal or my credit card company.

Then we exchanged more PMs. Here is our conversation:

Originally Posted by BowaBowa
its been 2 1/2 weeks and still no wing and no reply from you, i will give you til the end of this week before i file the paper work taking this to court.
Originally Posted by vstypicals
I haven't gotten any information from PayPal nor my credit card company. I still don't have the money take you took from me for 3-4 months now plus all the hassle you put me through. You make me go through all this crap, and now you the courage to threaten me and telling me what to do when this was all your fault to begin with. You could have prevented all of this by being honest to begin with by not making people believe it was the S2000 model, and even after you fooled me into buying it thinking it was the S2000 model, you should have let me return it for a refund. FYI, I will not ship this back you unless you pay for shipping and handling fees.
Originally Posted by BowaBowa
i did not make people believe it was the s2000 specific type, you don't comprehend very well do you, i just listed it as apr gtc 200 wing, i did not say it was and wasn't specific simply for the fact i had no idea there were 2 different types out there. your story is bogus anyway telling me it won't fit on the s2000 and then making a FS thread telling other s2k owners it fit, where is the honesty in that?

if you simply believe that it does not fit and can harm the car why would you try to pawn it off to other s2k members? don't speak to me about honesty, you simply did not do enough research about MY item and simply just purchased it, i don't need to hold your hand and walk you through everything, YOU could have avoided the whole thing if you were more careful with buying items and being fully aware of its type before jumping the gun, seeing a good deal, and pulling the trigger.

paypal has informed me that the chargeback is a success for you and the funds have been pulled from my account, i gave you weeks notice already and like i have said before, i will give you the rest of this week to give me some sort of confirmation that the item has been shipped back and like i have said before, you opened it, assembled the wing, its not in pristine condition anymore, you've had it for months and god knows what you could have done to it, if i find as slight as a small scratch or any kind of damage that would reduce its value i will need you to pay for the damages

i'm tired of all this bs, i want to believe you're a good californian and all this BS is a huge miscommunication, all i want to happen now is to get confirmation on the wing being shipped, and you get your money, you need to contact paypal or your credit card company to update you on this case because as far as i'm concerned it has been closed and the money has been issued back to your account.

again, the end of this week, btw i did not mean to make it come off as a threat, only when you did not reply something seemed really fishy, i know its around the holidays and people needs to spend time with their family thats why i gave you before and after xmas to get back to me which you never did.
When I got a call from my credit card company informing me that I won the dispute, I messaged him:

Originally Posted by vstypicals
I got the confirmation from my credit card company that the case was closed in my favor. I can send the wing back now, but I will not pay for the shipping to return it to you out of my own pocket. If you want, you can come by and pick it up.
Originally Posted by BowaBowa
lmao you got jokes, I expect confirmation by the end of this week or prepared to get sued buddy. I have given you enough time and now you're being ridiculous. I already spoke with my lawyer and I have given you a 10 day notice. Prepared to get served if I don't get confirmation on my wing being sent back
Originally Posted by vstypicals
Why do you keep insisting that it runs on your schedule? Citi just informed me about the case being officially closed 2 days ago. I honestly don't care what PayPal told you because what matters is when they tell ME it's closed. I'm actually being nice by even responding to you. You go out telling me to do all this and making demands. Like I told you, you either pick it up or give me money to send it back or use your UPS account or whatever you like, but I'm not going to go out of my way to pack and ship this thing and pay for it after all the hassle I went through already. Plus, your attitude isn't helping. I don't even wanna bother with you, but it's the right thing to do.
Originally Posted by BowaBowa
I'm not going to send you anymore money, you have both items, 450 and the wing, I shipped the wing to you out of my expense and it's only fair that you ship it back and be done with this mess. That sir is doing the right thing.
Originally Posted by BowaBowa, Jan 13 2010, 02:10 PM
I have already spoken to my lawyer and legal advisors, all paper work have been filled out. I am giving you til today to get back to me and give me confirmation that the item is being sent before we go through this heap of mess and have you come over to the bay area for a court hearing.
Basically, I told him I am willing to split the shipping costs with him to ship him back the wing (even though I don't think I should pay for anything), or he can pick it up if he wants. Shipping the wing back would cost about $40-50 so it would be $20-25 for him since we're splitting it. He says no, and said he will get a lawyer and sue me. He's willing to spend hundreds on a lawyer, waste time, and willing to go through all this shit for $20..


Old Jan 13, 2010 | 01:39 PM
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damn all this for 20 bucks.....
Old Jan 13, 2010 | 01:41 PM
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This issue makes me
Old Jan 13, 2010 | 01:44 PM
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Just ship it back to him and call it a day. Why are you keeping his wing when you got your money back? It cost him to ship it to you. Just ship it back and call it even. Maybe he was just dumb and didn't know the difference between the two wings?
Old Jan 13, 2010 | 01:53 PM
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Did you get your money back?

BTW, I'd call his bluff. Nobody will sue anybody that's across the country for $450, nevertheless get an attorney involved.
Old Jan 13, 2010 | 01:54 PM
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$40-50?

Dude, send it back to him. Going through all of this isn't worth $50. Hell, putting together that post isn't worth $50.

If you still really don't want to pay for shipping, ship it back to him and ask him to reimburse you. That way, you're not in the wrong for holding the money and the merchandise.
Old Jan 13, 2010 | 01:56 PM
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I would have paid the 40 bucks just to have him shut up.

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Old Jan 13, 2010 | 01:57 PM
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Originally Posted by Fusiondynamics,Jan 13 2010, 03:44 PM
Just ship it back to him and call it a day. Why are you keeping his wing when you got your money back? It cost him to ship it to you. Just ship it back and call it even. Maybe he was just dumb and didn't know the difference between the two wings?
Well, he didn't give me a refund when I initially asked for it. I had to fight and wait months to get my money back. Now that I got my money back, he wants his wing before I even get confirmation from my credit card company?

I don't wanna keep his wing. It's taking up space at my house.
Old Jan 13, 2010 | 01:58 PM
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Originally Posted by C U AT 9K,Jan 13 2010, 03:56 PM
I would have paid the 40 bucks just to have him shut up.
I'm thinking of Greyhounding it.
Old Jan 13, 2010 | 02:00 PM
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my opinions:

1) he listed his item incorrectly. REGARDLESS of intent. sellers fault

2) IF he had agreed to take them back on INITIAL complaint (and i dont he did)
2a) the nice and APPROPRIATE thing would be for him to accept shipping charges
2b) the ACCEPTABLE thing would be to split the return-shipping
2c) its okay to swallow 25$ charge to mail it back to him

3)
I really needed cash to finish up what I had in progress that's why I lowered the price down a few times. Cash comes and goes, I went on with my project already
He sounds like a petty-fyck small-timer. People like this don't have lawyers. He's bluffing. Tell him to fyck off and you won't hear back again except for threatening PMs

3a) Reason why I hate dealing with people on craigslist and internet sales... lots of petty cheapskates haggling over a dollar



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