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24.79.156.19
Posted on September 16, 2009 at 23:40:36
mitcho
Audiophile

Posts: 62
Location: west
Joined: July 17, 2004
 I sent funds to a gentleman for a phono preamp (supposedly a friend). He originally sent it to me. Then during transit, he wanted to keep it. I did not take possession and agreed to send it back. So it went back to him. (my mistake!)

I have yet to get any funds back and now he won't send back the preamp. He resides in the US and I in Winnipeg, Canada. Are there any legal/ other agencies I can contact to assist to get my funds back and/ or the preamp? I am out about $2300

I really am put out. I should have just accepted it.

thanks

Key details, posted on September 17, 2009 at 08:04:11
badman
Reviewer

Posts: 2479
Location: Tustin, CA (Orange County)
Joined: March 10, 2001
 How long? Give some times and info that give some more context. How did you pay?



Bass is supposed to sound big. 6.5" is not a woofer size.


RE: Key details, posted on September 17, 2009 at 09:27:17
mitcho
Audiophile

Posts: 62
Location: west
Joined: July 17, 2004
 Paid $2342 on July 13th via money order. Was cashed a couple of days later. Preamp was sent to me via my acct at FEDEX. It arrived here roughly (will have to check the tracking later when I get home) July 18. seller had indicated prior to my picking up the preamp that he would like to get it back. I was not totally interested in it, so I agreed and had FEDEX send it back to him. He indicated he would sell some items right away and pay me off.

As of today. No money has been received. He got it back July 19th. I asked for the preamp back and he won't send me the money and told me I could wait and pay me in payments as he sells items.

I am not impressed. I have had dealings with him in the past and I am not happy this is what has occured this time. Stupid on my part sending it back without $.

RE: Key details, posted on September 17, 2009 at 10:32:43
GTShelby350
Audiophile

Posts: 454
Location: So Cal
Joined: February 23, 2008
 Was his request to have the preamp sent back to him documented via emails? If so make sure you keep them someplace where they won't get lost or deleted.

You may want to send him a certified letter explaining that if he does not refund you in full within... say 3-4 weeks... you will seek legal action against him. I think it's BS that he would have spent your $2342 so quickly that he needs to sell off more stuff to repay you. He's just stalling. Don't fall for it. If you paid him via postal money order, he is guilty of mail fraud... in the US of A that's a federal felony (mail fraud). I would wager Canada has similar laws in place.
RE: Key details, posted on September 17, 2009 at 12:58:56
mitcho
Audiophile

Posts: 62
Location: west
Joined: July 17, 2004
 the money order was from my Bank, not the post office. I have the emails. It went from paying off right away from selling other equipment to now starting to pay down. It's been almost 2 mos and no $. I had considered him a friend and I had only made the purchase to help him out. Guess I was the sucker. Since I was tired of waiting, I indicated I wanted the preamp back and he has told me he is not prepared to do that. He made an error in selling it and he was not going to sell. He then made me an offer a couple of days ago and offered something 1/2 the value as payment in full.
I hope it works out for you!, posted on September 17, 2009 at 16:41:24
GTShelby350
Audiophile

Posts: 454
Location: So Cal
Joined: February 23, 2008
 It is unfortunate that this happend. That you considered this guy a friend just adds another element of betrayal. Maybe something can be done by your bank? A stop payment or something of that sort?

RE: I hope it works out for you!, posted on September 18, 2009 at 06:03:28
mitcho
Audiophile

Posts: 62
Location: west
Joined: July 17, 2004
 arrangements have been made and I am sure he will come through. thanks for the info. I hope I did not jump the gun. That is why I did not give details of name etc. He has been a friend for awhile and I don't see him letting me down.

thanks

RE: I hope it works out for you!, posted on September 19, 2009 at 08:58:32
Gerry E.
Audiophile

Posts: 1655
Location: Hartford, Connect-I-Cut
Joined: February 19, 2000
Contributor
  Since: March 2, 2004
 Given his track record in this transaction, I wouldn't count the money until you have it in your hands. I hope your feelings about him are correct and that he will come through for you.

Of course there's a more important point in this story. For a transaction of any significant amount of money, ALWAYS pay by credit card. Regardless if it's via Paypal or not. The good credit card companies will protect you either way.

If a person or company won't or can't take credit card payment, walk away from it. It's not worth the risk. BTW, I'm not writing this with 20/20 hindsight after the fact. I have posted this several times before.

Gerry

RE: I hope it works out for you!, posted on September 18, 2009 at 20:17:30
shutterbob
Audiophile

Posts: 54
Location: Central Missouri
Joined: August 23, 2008
 For him to offer you roughly half your money back is outrageous and smacks of calculated extortion or fraud. He is trying to keep half your money because he knows he has you over a barrel. What a jerk! I think you should post his name!

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