A transaction that has me really pist!!!

erickrm · #1 11/19/2007, 12:23 PM

Hi guys and gals just thought i would post on a really fubar experiance i am having on the forums with a user.

The Buy:
I found a skimmer for a really good price and decided to use it on my SPS tank. It was a Deltec AP600 look a little dirty but nothing a good bath would not cure. Sent him the funds. done deal!

The wait:
As i waited for the skimmer i posted my smaller one for sale and it just happened that my buddy Jas needed a new one so i said no problem when this one gets here you can take my old one! while waiting for the new skimmer i realized that i would have to move alot of stuff arond to accommodate the new skimmer so i decided against it, I proceeded to post the skimmer(ap600) for sale and got a buy, and he sent the funds through paypal. So as soon as the skimmer would come in i would check it make sure all was in order and ship it back out no problems.

The skimmer is in:
The Fedex guy finally came in late that afternoon, everything seemed fine until i got upstairs and noticed a break in the box! i quickly opened up the box just to find that the skimmer was broken!!!!! in not just 1 area but many places! this was due mainly to poor packing! the skimmer had a foam pad(very good!!) at the base of the skimmer!!(not so bad but not really where it was needed) and had more foam at the top of the skimmer(not so bad again but not where it was needed!!!) the body of the skimmer had a layer or 2 of bubble wrap! that was it! the collection cup had about 2 layers of bubble which was ok as this part is a little stronger. He also decided to leave the recirc pump attached to the skimmer to i dont know save time and bubble wrap?? so this put alot of stress on the skimmer as it was probably like always tossed around and beaten up by any shipping company. I was very disappointed and quickly notified the seller! he did not reply to my pms for that entire day! then by buddy Jas told me there is a neat little feature that i apparently always have overlooked!? that is used to track pms

so i quickly repmed him telling him i saw that he read my PMS! and yet he did not reply, Soon after that i got a nasty gram from him saying he was not stupid and he knew that they could be tracked and he was not ignoring me blah blah blah....

I asked him if he could please send me my refund ASAP via paypal and i would immediately go back to Fedex and ship the box back to him and i would pay for it no problem. He refused said he could not refund me bc he is going through a divorce and half the money went to her.... I got tired of going back and forward with PM's!!! so i filed a dispute with Paypal.... He then said oh i filed a claim with fedex, and you have to wait until they are done to get your refund, yet if the claim is done he is the one that gets the money not me, and i am stuck with a broken skimmer! I keep asking for a refund but he keeps refusing.

Am i in the wrong for not wanting to wait for the Fedex refund? I mean i have had items that were lost int he mail, that i had to file claims for but did not feel it was fair or the responsibility of the buyer to wait for the claim to be complete!! so i have refunded buyers for stuff they bought from me and i had to wait for the claim to happen which i felt was ok. I mean i sent him pictures of the broken skimmer and ha!! i even offered him to send me back a partial refund! i told him send me back my refund minus 70 dollars to cover for the still in good condition pump. I am sure i could either sell it or if i ever bought a new skimmer use it as a replacement.

I am just really upset right now and want to escalate the dispute to a claim with paypal but not sure if i paypal would be in my favor? Should i have to wait for him to file his claim with fedex, i mean will he get the entire amount back i dont think they will refund him for the skimmer pump that is still in working condition, maybe the body? the cup is still in tact, will they take that kind of stuff into consideration. I just feel like this guy is really shafting me and i dont see it getting any better!

I just need some advice i guess on weather or not i should escalate it to a claim vs dispute!(which is not working out at all in my case)

thanks for letting me rant!

craiglanda · #2 11/19/2007, 12:44 PM

Dude that really sucks. Not like its any help what so ever but you can have my seaclone that just sitting in my closet if it makes you feel better

Gobie74 · #3 11/19/2007, 12:53 PM

Something very similar to this happened in the Deltec forums not to long ago. You might want to go take a look and see what happened in that case, might give you more options.

erickrm · #4 11/19/2007, 12:55 PM

I appreciate the offer but Im still running a deltec on my system mce300 as I could not let the skimmer go until I had areplacement for it but thanks

DoctaReef · #5 11/19/2007, 01:16 PM

Not sure if this is any help but i have an ASM G3 with Sedra pump for sale, if youd like another option...and I wouldnt have to send it haha!

ctreefer · #6 11/19/2007, 01:20 PM

If the skimmer was busted no matter if during shipping or before IMO the money should be refunded immediately. Either way as you point out the money will be going to the seller. This is why I never spend money I receive during a sale until I confirm that the buyer has the product and is satisfied. Having been on the other side where an item was received broken I can say it sucks to be there, but you have to take the responsibility and pay up.

Sounds like this guy might need to learn from his mistake if he's not going to refund you. IMO you would be in your rights to file a claim with Paypal.

JMO.

renogaw · #7 11/19/2007, 01:41 PM

well, technically there is no claim towards the shipper. you unfortunately have to deal with fed/ex because they broke the unit, not the shipper. that is the rule of shipping. once the shipper gives it to the company they are no longer responsible.

erickrm · #8 11/19/2007, 01:56 PM

I have been looking in paypal to find anything that says rules as far as shipping but i cant find anything. The thing is that the skimmer broke for lack of better packing, it was wrapped with 2 layers of bubble wrap and then there was gaps in between each side nothing in between the gaps to prevent from a break in the box actually hitting the skimmer...... so in this case the shipping company might say the box was not properly packed hence no coverage shal be given to you. so this is where i am stuck what if fedex decides well we will only give you 100 out of the 300woth of coverage bc you forgot to put fragile, and pack it correctly.

I too hold from spending funds until i have gotten confirmation that the product arrives safely and works properly, bc of the same reason if i have to make a full refund then i will, so long as the item is shipped back to me.

erickrm · #9 11/19/2007, 01:56 PM

doc, i actually still have a Deltec runing on my system, it is just not as big as the AP600. thank you i appreciate it

amcarrig · #10 11/19/2007, 02:01 PM

Is your Paypal account linked to a credit card or.....?

sdheath · #11 11/19/2007, 02:18 PM

File a claim with Paypal. It is the sellers responsibility to make sure that the buyer receives the merchandise in good condition. He owes you a refund regardless of the status of his claim with the shipper. Paypal should support you on that. My wife does a ton of business with Paypal, so I know this from experience.

erickrm · #12 11/19/2007, 02:21 PM

Annick i had most of the cash in my paypal i used about 100 out of my bank through savings, not CC or i would have recalled the whole thing!!!!

sdheath: this is what i am looking for feed back as far as experience and if paypal would side with me, i feel that it is the sellers responsibility to refund me the full amount, and for him to deal with shipping company as far as a refund for himself. i have been trying to find something on paypal site stating that its the buyers responsibility but i could not find anything which is why i posted.

amcarrig · #13 11/19/2007, 02:30 PM

Unfortunately, as long as the seller delivered the goods, Paypal considers the transaction complete and will most likely deny your claim. If the seller files a claim with FedEx and wins, then the seller should reimburse you....notice I said that they "should" but that doesn't necessarily mean that they will

The only way I would ever use PayPal is by linking it to my credit card. Too many ways to get ripped off otherwise

erickrm · #14 11/19/2007, 02:35 PM

damn it!

InsaneClownFish · #15 11/19/2007, 03:35 PM

Where's he live?

adunne · #16 11/19/2007, 04:21 PM

im with insane!! lol..

it dosnt sound like you have a claim with paypal as you received the goods..

at this point you may want to try a different approach. Its obvious that the ****er isnt going to send you the money now. You may want to consider taking a differnt tone with him and try to work "together" to get fedex to pay the claim. Difficult people like this dont respond well to agression therefor kill him with kindness.

Just a thought

saltyfishy123 · #17 11/19/2007, 04:24 PM

Did you try contacting the card company?

erickrm · #18 11/19/2007, 04:28 PM

yea am actually trying to have him just transfer the claim to me so that i can take care of it here, this way i dont have to worry about him. If Fedex decides i cant get my money back then i will just sell some of the components i guess and try to make some money back and take a loss on the rest. I know this was a packing mistake and i am sure his intentions were good but the results have been horrible!

reefman13 · #19 11/19/2007, 04:29 PM

In these cases, I have seen here on RC, when people have actually contacted local authorities. However, the broken skimmer may not have been the shippers fault.

erickrm · #20 11/19/2007, 04:38 PM

i am sure it was the shippers faul, but the thing is the seller did not pack it correctly even though he states that it was packed with foam which it was but not in the proper places!

kynan · #21 11/19/2007, 08:50 PM

You are not alone. I came home to a message on a PC light I just sold on e-bay. The buyer claims one bulb was broke, and I misrepresented the light with 4x65w bulbs when it had new 55w bulbs in it....my mistake....now he says for the light he bought for 145 I should pay him 4 x 39.99 for 4 new 65w bulbs.

erickrm · #22 11/19/2007, 09:02 PM

too much bs nowadays

Emg2 · #23 11/19/2007, 09:23 PM

Sorry, but don't count on fedex giving any money back if they didn't pack the merchandise.

I had an issue with them over a violin that the neck broke off of during shipping....it was well packaged...the guy who inspected it said the refund would be on the way....but someone else, who never saw the package decided that it wasn't packed right....so they denied the claim. I had paid the extra couple of bucks to insure it too.

I was out $100.00.............(my husband still doesn't know about that one......

erickrm · #24 11/19/2007, 09:50 PM

yea i kind of figured that much as well, if it was not really packed by fedex i am sure they will be like HAHAHAHA yea we will get right on your refund

i am possibly out over 300 for sure

ctreefer · #25 11/19/2007, 11:08 PM

Man Rich, that sux! I would keep on that guy. $300 isn't chump change.