Page 1 of 1

W1WN, David Levy "as new" ?

Posted: Sat May 01, 2010 1:15 pm
by n2md
Dave Levy, W1WN posted a forum complaint on Mar. 20, 2010. It described details about a bad deal with a new ham, KG4HCE. I find it ironic how closely that deal resembles the deal Dave gave me.

I bought a Symetrix 528E from Dave Levy, W1WN on Apr. 21, 2010 that was advertised here on QTH.com. The unit was advertised “as new”. I did the usual due diligence, checked out the feedback forum and later spoke with him on the phone.

At first Dave was very responsive to e-mail questions about the unit. I asked for a picture and he sent one. It was large but of poor quality to see any details. I called him to ask more about the unit and specifically any cosmetic defects. I was told it was in excellent shape and had no cosmetic defects. He was single owner and bought it new. I agreed to purchase it and because it was in such good shape paid his asking price without reservation.

When the unit arrived it was clearly not packed securely and had moved around the box. An XLR patch cable was loose and moving around also with no extra protection. I was also surprised to find cosmetic defects on the faceplate. All the knob dial positions settings (all 16) were marked with a black Sharpie type pen. It appeared that someone tried to erase some of these. The blue faceplate paint was lighter in some areas. Some of the ink marks obscured the printed faceplate numbers. I called Dave immediately, before the weekend, to let him know that the unit was not as advertised. He told me that he had not noticed any of what I described but if I was unhappy he would take it back and refund my money. He then suggested that I use the unit and check it out over the weekend, and if I was still unhappy Monday he would take the unit back. I found a few more small cosmetic defects and I was very concerned with a damaged loose control pot I discovered. Giving Dave the benefit of the doubt, I e-mailed him with my findings on Sunday evening telling him about the loose pot and speculated that it may have occurred during shipping since he did not secure the unit in the box. There was no apparent external damage to the box and I certainly could not blame the carrier. I indicated that I decided to return the unit for a refund but would call and speak with him to confirm this with him before sending it back. I called and left a message but he did not respond. He then sent me an e-mail late Monday evening telling me he would no longer agree to take the unit back and told me to contact the carrier (FedEx) and file a claim for the insurance. I left multiple phone messages for him which he has never returned. I tried to contact him by e-mail but all my messages have since been bounced back as undeliverable.

I have been an amateur radio operator since 1982. I have bought, traded, and sold many items never with any problems. I have never encountered such behavior from a fellow ham. It’s easy when a deal goes smoothly both parties involved walk away happy. More demanding is when there is a problem and one party is not happy. That’s when experience, patience and integrity really count.

I hope this information will help someone else avoid this experience.

73,
Mark Barettella, N2MD

Posted: Sat May 01, 2010 7:06 pm
by KA2CDT
I could not of said it better Mark. Most tranactions go as they are suppose to. When something goes wrong this is when you test the integrity of the person you are dealing with. Good luck.

Mr. Levy is a lawer in Safety Harbor, FL

Posted: Sat May 01, 2010 9:03 pm
by K4ICL
One of the greatest fears a professional lawyer has is to have his behavior publicly exposed as being dishonest or suspect in any way. Because you have a convincing case of fraud for misrepresenting defaced equipment as "as new" when selling it for personal gain, Mr. Levy's actions would certainly be of interest to possible future clients and, perhaps, the Florida Bar.

Perhaps a well written letter of complaint to the Florida Bar, with a copy to Mr. Levy will get the results that should have happened in the first place. Maybe you could send the copy to Mr. Levy first and ask he if he would have any objection to your sending the original to the Bar. If so, trade him your original letter for the return of the amount you paid for the rig, including all shipping evolved.

Seems like a fair trade to me..

Here are the details:

Source: Lawyer Directory --Florida Lawyer

Search results:
  • David L. Levy, Attorney at Law.

    Contact Info:
    Phone: 727-581-8787

    Main Office Location:
    1608 Hampton Ct
    Safety Harbor, FLORIDA, 34695