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Court of Public Opinion

Posted: Wed Jun 21, 2006 12:11 pm
by N0EE
I have a question. Let's say you buy a transceiver from a fellow after seeing a for sale post on a website. You send the money, you receive the radio. When you get the package, no damage to the package. You open the package, item is packed well. You immediately notice the accessories the seller said were included weren't there. Maybe forgot to include them, that happens...Not having a power cord because it wasn't included, being a ham you go to the workbench and solder one on, no big deal. You go to the shack, hook up the power and the antenna and fire it up. Hmm, no panel lamps working, known issue with this rig, no big deal but somewhat disappointed.
You dial in the local repeater, set the offset and tone and key it up. Hmm, can't bring up the repeater. You get out the HT, key it up and the rig receives great. Back to the workbench you go, hook it up to the wattmeter and dummy load, no output power. You hook it to the scope. Hmm, no output voltage at all. You conclude by known electronic testing methods the radio has NO OUTPUT POWER. The radio doesn't work as the seller stated.
You contact the seller, he says it worked great when he shipped it.. You have your doubts as the radio was packaged very well, and most likely wasn't damaged in shipment. He agrees to buy the defective radio back, you agree to send the radio, at YOUR expense, on the same day he sends the refund payment.. You ship the radio on the agreed date and wait a few days. You then go to the US Post Office website and type in the number on the Delivery Confirmation and yes, he received it. You contact the seller, he agrees he received it. You ask if the refund payment has been sent, he says yes. OKaaaaaaay.......
You wait a few more days, no payment. You contact the seller, he says he sent payment 2 days ago. Hmm, he told you more than 2 days ago he sent it.
However,he can't/won't tell you the date he sent it or the serial number of the money order.
8 days after he received the radio, and 14 days after you shipped it, you still don't have your refund payment. You contact the seller again, he tells you not to contact him again, he says you are harassing him. Hmm, he has YOUR radio and YOUR money, you have nothing... He again lists for sale the same radio, YOUR radio, because you haven't received payment.
Synopsis:
1. No accessories 2. No panel lamps 3. No output power. 4. No refund. 5. No radio
The question for the judges of the court:

If you were in this situation would you feel you were being treated fairly and honestly? How would you feel, and what would you do about it? If you haven't received the agreed upon payment, do you believe you still own it? Do you consider daily emails to the seller as being harassment? Is he attempting to sell something he doesn't own? Would you deal with this person again? Would you advise others not to deal with this person? Should you receive payment, would you apologize to him?
Thank you for your time, your turn...

Posted: Wed Jun 21, 2006 5:42 pm
by N4ATS
Hi John , personally , I would grab a cheap airline ticket , fly up there , grab him and super glue his legs together however this may be a bit to much for him , otherwise , grin , and realize that you may have just lost some dough and that most hams are still honest.

Bottom line is ALL things have a repercussion and his time will come.

Life is to short...

Really leaving youself open for this...

Posted: Wed Jun 21, 2006 6:58 pm
by K4ICL
If you were in this situation would you feel you were being treated fairly and honestly?

Of course not.

How would you feel, and what would you do about it?

First of all, I would not be mambie pambie about it. I would tell the world the person's full name, callsign if he/she has one, full address, complete telephone number, the serial number of the rig you received/returned, the amount of money involved and any current ad numbers that person has on QTH.com or elsewhere. The idea here is to put him out of business by telling us the ESSENTIAL information needed to keep others from getting the same treatment as you did. This is called sharing.

If you haven't received the agreed upon payment, do you believe you still own it?

No. He agreed to take it back. He owns it again and he owes you a total reimbursement, including all related shipping costs. Accept nothing less.

Do you consider daily emails to the seller as being harassment?

Only if I am looking for an excuse to cut off all communications with you. Duh!

Is he attempting to sell something he doesn't own?

Nope. He re-owns it, see above. Likely, he is trying to sell it to raise the reimbursement funds he owes you.

Would you deal with this person again?

Oh sure, Un huh, Right! When you see Miss Piggy flying at 30,000 feet without an aircraft.

Would you advise others not to deal with this person?

Naw. I would let the social misfit do a few more hams first. Duh!

Should you receive payment, would you apologize to him?

When hell reaches -372 degrees Kelvin.


Cheers,

K4ICL

stiffed by a total jerk

Posted: Wed Jun 21, 2006 10:29 pm
by kw0o
I think you owe the ham community his name and call.
You have lost your radio and money, so why should someone else be at risk??

Posted: Wed Jun 21, 2006 10:34 pm
by wa4cch
:shock: well i would like to know who this low life is so i don't buy anything from him :roll:

chuck 8)

court of public opinion

Posted: Thu Jun 22, 2006 1:13 am
by k8vf
Since you used the USPS, as I generally do, file a complaint and let him know of the MAIL FRAUD(federal crime) he has committed.

Be sure you have the emails, receipts, etc.

Also let us know who he/she is if you will.



k8vf

Court of Public opinion

Posted: Thu Jun 22, 2006 1:16 am
by N0EE
I wrote that post with tongue in cheek.....As of today, I haven't received the agreed refund from KB2IZM, Joe Paul , Oneida , Ny.
K4ICL, I've dealt with you, do you think I'm namby pamby, whatever that means? Didn't I deal fairly with you, you dealt fairly with me. Explain to me how someone owns something, and he hasn't paid for it. Do you own anything you agreed to pay for, but didn't pay for? I don't own anything I didn't pay for. Do you? I don't think so...

That theory escapes me, Surely you're your vernacular is totally wrong. When does title of ownership change?
Joe Paul, KB2IZM simply ripped me off, plain and simple...

But...

Posted: Thu Jun 22, 2006 3:35 am
by K4ICL
John:

"Joe Paul, KB2IZM simply ripped me off, plain and simple..."

Yes he did.

"K4ICL, I've dealt with you, do you think I'm namby pamby, whatever that means? Didn't I deal fairly with you, you dealt fairly with me."

I have no idea. Who are you? Your posting is authored by "John". I know a dozen hams with name "John."

Ownership of the radio at this stage is not the issue but I will explain what I meant.

The seller agreed to refund you for the radio if you would send it back to him. That agreement automatically makes him the owner of the radio, again, if you meet his condition, which you did. By this verbal contract you agreed to return (read make him the owner again) the radio. You did return it. Without a doubt he owns it again. You can no longer claim you own the radio. You send it back to him after you said you did not want it because of undisclosed issues you discovered when your received the radio from him.

The current issue is your right to receive fair reimbursement the the funds you sent to the seller, as well as the costs to ship the radio back. The seller is liable for these costs and is obligated to reimburse your funds within a reasonable period.

What you want, if I read it correctly, is your money back. The ownership of the radio is moot.

If the seller fails to properly reimburse you, you either loose the funds you originally sent to him plus the cost to ship the radio back or you press the matter in the appropriate court of law. Remember, if you win the case he pays ALL expenses including your travel expenses, legal fees, etc.

When I referred to being mamby pambie, I was referring to keeping the person's identity completely hidden. Why? To protect a dishonest person? Up until your last posting, readers had no idea who your were talking about--real or not. No offense intended.

Cheers,

K4ICL

Thanks for the replies

Posted: Thu Jun 22, 2006 12:41 pm
by N0EE
I greatly appreciate the 18 private emails in reference to this issue, thanks for the input, and support.. I have nothing else to say on this issue., thanks for your time.

What is your call sign...over.

Posted: Thu Jun 22, 2006 1:23 pm
by KS4ED
John, what is your call sign...?

CALL SIGN PLEASE......

Posted: Sun Jun 25, 2006 11:51 pm
by JCH
HEY JOHN, WHAT IS YOUR CALL SIGN PLEASE. JACK KK7AZ[/b]

Posted: Sat Jul 01, 2006 4:23 am
by W4MCQ
I would definitely file a police report with his local police dept. for theft by taking & file a report with the Mail Fraud division of the USPS. Good luck !! Bruce W4MCQ[/b]

John, what is your call sign?

Posted: Sat Jul 01, 2006 2:50 pm
by KS4ED
John, you have made serious accusations against someone and posted
his call sign...what is your call sign?
You've posted your accusations against him publicly yet you wish to be
anonymous only answering to private Emails... which are nearly the same.
Again, what is your call sign?

Oh well

Posted: Tue Jul 25, 2006 12:14 pm
by W0LC
First off, I don't feel sorry for anyone that chooses to hide behind a bogus "callsign" or "nickname" rather then being up front about an issue.

if you have an issue that is. If you do, post your callsign with the details not some story that everyone has to read through only to not have any idea of whom you are referring let along who you are.

Hypothetical statements can always be written to favor the writer. Post the actual info, e-mails, etc.

GL whomever you are.