Need help in what to do if you get ripped off over the net???

Joined
20 April 2000
Messages
782
Location
Minot ND / Las Vegas NV
Hey guys about 2 months ago I asked someone in the Phoenix area to help me in looking at some 22s. I found a guy to take pics of them for me on another forum. The wheels were just as the guy described them, perfect in everyway shape and form. So I sent him the money 4 weeks ago today. He said he was going to ship them ASAP. I still haven't received the wheels. OK now I'm not totally stupid, when I had him take pics I had him take a pic of his Drivers license, he also met the guy AT his parents house so I have that address as well. Along with phone numbers and the guys apartment address.

So my question is now what can I do to start the ball rolling? I was told this is mail fraud because anytime you send something to someone via snail mail its a form of mail fraud. Someone said consumer fraud, but do I contact my local CF or his local CF?

Lastly does anyone else know what I can do? My guy that met him said he was a really good guy, comes from a richy family, but seemed kinda stupid. I don't wanna be a dick to him but my patience is running out big time. I think I'm actually dealing with Billy Madison here!
biggrin.gif


Any advise you guys can give would be great and sorry for the hassles. This is the first time I bought anything over 1,000 over the net. Usually people have been really good.
 
Send him a letter, certified with return receipt, requesting that he ship the wheels by a given date (I'd say two weeks from receipt of the letter) or you will be starting legal action against him.

It may be too much of a hassle for you to pursue this in small claims court because of the travel involved. You can have someone file the papers for you at the county courthouse. At the same time, draw up a summons to appear and have someone local to him serve him with these papers in person. He will then have notice of the suit and has to respond or the court will enter a default judgement in your favor.

Most likely, when he sees you are serious, he will either ship the product or return your money. If he won't budge, then you *may* have to travel to make a court appearance.

I'm not sure if you can sue him in YOUR local court... find an attorney on the NSX Friends email list or perhaps someone you know personally who can answer that question for you.

If you have a friend who is an attorney, ask if he will send the "nasty-gram" on their letterhead. People usually pay up when they get a letter from an attorney threatening legal action.

Best of luck... and next time you buy something like that, have them ship it to you COD.

EDR
 
I would appeal to the parents, maybe they have more sense than the kid does. I would write them a letter, or try and have your guy pay them a visit. Kindly explain the transaction and ask if they can help. They might not like what is going on any more than you do.
 
To avoid future problems, consider shipping via UPS and do a C.O.D.

If you are the buyer, you only pay for the goods once they have arrived at your doorsteps. You pay UPS when they deliver your goods.

If you are the seller, you get a check from UPS few days after delivery.


[This message has been edited by 8000RPM (edited 12 April 2002).]
 
You're leaving something out.

Did you try contacting him since then, to find out what the story is?

It's possible he hasn't shipped them yet but still plans to do so.

It's possible he shipped them and they got lost.

It's generally a good idea to try being nice first, to find out what the story is, before resorting to threats and legal action. Maybe you've done that already, I don't know (since you didn't mention it). But it's something to consider...
 
I've tried contacting him and I've got ahold of him. He hasn't shipped them yet but my friends dad who is an attroney called him for me. So he said hes going to ship them on monday. I think that kinda freaked him out.

Also I tried having him send them COD but he wouldn't. From now on I'm not going to buy anything again for over 500 bucks. This is such a hassle but I'm glad my friend met him at his parents house so I have that address at least and I have a copy of his drivers license as well.

I don't think the guy was going to rip me off I think hes just lazy and doesn't know how to ship wheels properly. My friend said his parents house was really nice with a tennis court/basketball court and in ground pool. He said he saw an older 911 sitting in the garage and the guy told me his parents have a house in Hawaii. So then it dawned on me that I'm dealing with Billy Madison! Just laying around the pool drunk off his ass chasin Peguins!

[This message has been edited by PUREVIL (edited 15 April 2002).]
 
Hey I want to thank you guys for helping me out, after 4 weeks of waiting he finally sent them. I got them yesterday and washed up my ride, here are the pics if anyone cares.

jaysub1.jpg
 
Looks like you can change brake pads without removing the wheels, that's one heck of a ride.
 
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