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Ebay think twice before buying LFP printers

Discussion in 'Mutoh' started by creative, May 7, 2007.

  1. creative

    creative Member

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    Mar 18, 2007
    Hi All,

    Now that I'd fix this animal I would like to tall you alittle bit about my experience...
    I purchased the printer from Dave Brown/Elitedecals.com/midwest designs in Leesburg In.
    I'd paid for it thur Paypal, I received the printer, setit up and, ARGHHHHH!!!
    DID NOT WORK!!!!
    iI'd called Dave Brown the seller and told him that the printer wasn't working, he told me not to call him anymore and hang up on me, sin then I'd been sttrugling to for two months to get paypal to enforce a refund, they are of NO help at all, i'd filled a cliam with the BBB in Indiana and still pending, I talked to a colletion agency and they told me that they CAN recover the funds and RUIN his credit.
    The printer wasn't working when Dave Brawn sold the printer, I can prove it, he spoke about the printing NOT working with his ink supplier www.cabonddigital.com they told me about it.

    so in my opinion he acted in bad faith when he put the printer for sale on ebay, furthermore, after the sale he cancelled his ebay account right away.
    I hope that my bad experience help other in deciding wheater or not to buy large printer without manufacturers warranty being current.

    Paypal decided the claim in my favor either, I'd try call him and he doesn't answer.
    What would you do in my case, would you ruin the guys credit, send an attorney to take him to court etc... all those good things I feel he deserve for his acts.

    Please post your honest respond.

    Regards.
    P.S. I hope hi is a member of this forum and a lot of you people know him so you know who he really is.:design:
     
    Tags:
  2. BobbyFosson

    BobbyFosson Member

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    Feb 25, 2007
    Usually, auctions are items sold AS-IS and you may or may not have any recourse... Did you print a copy of the auction details? If so, check to see if it mentions AS-IS or not working or whatever...

    Depending on the price, small claims court may be the cheapest way for you to get some money back without taking a big hit from a collection agency.


    You could always contact a lawyer and as for a free case review. Most will do this.

    If it is a couple of hundred bucks, maybe lesson learned and move on. If over $500, I would see if the lawyer would review the case with a free consult.
     
  3. iSign

    iSign Major Contributor

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    I wouldn't hesitate to make ANY effort that might right a wrong, without any concern for the credit of a thief.

    I'd also correct the spelling of his name in your post, since you have 2 different names.
     
  4. Pro Signs & Graphix

    Pro Signs & Graphix Very Active Member

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    Your only option is civil litigation (other than possibly credit card chargeback - if you used credit card for PayPal). Success will hinge on your written agreement. Still, there is no guarantee that you would even collect a dime - even if you get a judgment in your favor.

    BBB, debt collection, etc, etc - all a waste of time and effort.

    Don't know what you paid, and what you spent on repairs, BUT this is a common issue with used solvent printers. Once they sit they start to turn to crap.

    Good luck.
     
  5. Techman

    Techman Major Contributor

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    I would take the high road. That way the thoughts and stresses would go away. The high road simply means the dead printer is just that,, Dead stuff. I woul ldeae th ehard feelings behind and get back to work so this deed would not sonsume my spirit. Then I would haunt this person until the day he dies or he pays up. Its that simple. Law suit, collections every other thiing that could be done. Persueing fraud charges would be a good try as well. Wirefraud is a serious deal. Mail fraud is serious as well. Did he use the mail in any way to further this deed? Let the collection agency do their deeds too. Why? because this dude seems to be calling your bluff.

    As far as the BBB is concerned. They cannot will not do anything except hold a bar report in a file. The BBB is a toothless dog.
     
  6. ChicagoGraphics

    ChicagoGraphics Major Contributor

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    Call your credit card co. and tell them to charge back your CC account
    Paypal sucks , they never seem to be on the buyer's side
     
  7. Replicator

    Replicator Major Contributor

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    Lawyer Up my Friend ! ! !
     
  8. JimJenson

    JimJenson Active Member

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    File a lawsuit. Do it now. It is cheaper than you think.

    He may be able to hangup on you, ignore your demands, tell you to f-off, but theres one thing he cannot do, and that is ignore a lawsuit once it is filed.
    If the court finds in your favor, then go on the attack through collections, freezing bank accounts etc. I wouldnt give a crap about his credit rating.
     
  9. Ditto. Hire the man and burn him for time and machine.
     
  10. The Sign Dude

    The Sign Dude Active Member

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    I made a paypal claim on $4800 worth of eq. that was not as described and got a full refund of the purchase price. I did not get back the $415.00 in shipping charges and they took their time about it.
     
  11. creative

    creative Member

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    Thank you all again, at this point of time I have decided to 1- Sign the agreement with a collection agency so they do all the horrors they say they can do to him, 2- I will seek legal representation, I'd contacted an attorney beased in Indiana (close to Dave Brown's town) and she asked me to send all information inregards to this case, she will review it and call me with a possible solution.

    I gave him the opportunity to turn this right but he refused to even answer the phone.

    Regards

    Don't do others what..... you know what I meant.
     
  12. Urban Image

    Urban Image Member

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    It is absolutely vital that you put this guy under. If he screwed you like this he has probably screwed other people in the past and will probably screw other people again in the future. It is your duty as the victim to do what you can to ensure that other people are not victimized so don't even begin to feel guilty for putting the dogs on him.
     
  13. threeputt

    threeputt Very Active Member

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    Sorry to learn of your problems. This guy sounds like a real jerk. But....the strength of your case, and the real nuts and bolts of it will hinge on just what was claimed in the ad. Did he in fact misrepresent it? This is big. If this guy is the scoundrel he sounds like, he may have cleverly worded the ad to sound like one thing, while actually in fact stating something else.

    Secondly, why did you elect to sue him in a town near him? Doesn't make sense to me. Man, I'd sue him in my town. That way it's an additional burden on him to have to travel to show up for hearings, etc. Most likely he'll not show up, and you win by default. Collecting on a judgement is tough, though, I gotta warn you.

    Thirdly, if you have assigned the debt to a collection agency, I believe you've given up your rights to try and recover the loss yourself. Once they start on the case, it's theirs. If they collect, you get 40% or whatever your deal with them was.

    I wish you well.
     
  14. creative

    creative Member

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    The following is from the Ebay auction:
    "I purchased this printer new in October 2005 so that makes it almost 1 1/2 years old. I just replaced both printheads, capping station, dampers, and wiper so it would be ready to go for the new owner. These are normal maintenance items that you will do over the live of the printer. Below are the printer specs taken from Ordway Sign Supply where I purchased the printer."

    It sounds like the printer is being sold in 100% working condition, I haven't sue him yet, I'm looking for advise, but you're right if I must sue him it will be in my town, as for the collection agency, I haven't turn in the signed form...
    today I received an e-mail from the BBB in Indiana, the seller is willing to pay 25% of the repair, my answer was 50/50 I'll wait for his answer for a couple of days then I will proceed to sue him in court in my town, thanks for the advice.
     
  15. BlueFishDesigns

    BlueFishDesigns Very Active Member

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    Did you check the guys feedback? If he's screwed over several others and they left negative feedback, you can email them and get them to go in with you to fight him. It happened to me once and we called the police dept in the seller's town. She was taken to court and we all got our money back. Didn't have to go to court, get a lawyer or pay for a small claims case.
     
  16. threeputt

    threeputt Very Active Member

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    One other thing. Do you know the amount of repair it will take to get it running? If you know the dollar amount, let's say it's $750.00 and he agrees to pay you 1//4 (assuming he will in fact come through) I think at that number you gotta go with him.

    Here's the math. One fourth is $187.50 right? And you already said that you'd accept a 50/50 split. So you're now quarreling over $187.50. You can't even begin to think lawyer for that. (they'll want a $1000.00 retainer to take on the job, and then the meter's running, ka-ching) They don't take these kinds of cases on a contingency basis. There's not enough dough in there to get them interested. But they will work by the hour until you run out of money.

    Small claims court is now the only route open to you that makes any sense at all. Filing fees in Small Claims are about $45.00 and having him served by the sheriff (if he can even find the guy) is about $35.00 in most jurisdictions. And even if you prevail in court, all you'll have is a judges order, a judgement that says he must pay. But it's basically a non-enforcable document. Unless.....you can find out where he banks and you get the judgement in to them when he happens to have some money in the account. Otherwise it's a no-go. Since he may work for himself, he may be "judgement proof" as they say. (no wages to garnishee).

    So all in all, unless the repair bill is astromical, I'd take the olive branch he's offering and get on with things. Lesson learned, so to speak.
     
  17. creative

    creative Member

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    Mar 18, 2007
    The repair bill is for $2000.00, + $485 of the temperature pcb we are talking 2500.00 almost

    If i go to court I will ask for a full refund in cluding shipping and technicians quoting time + wathever the attorney may think of...

    I believe that 50/50 of the repair cost is reasonable, I guess, what do you think.
     
  18. 436HENRY

    436HENRY Member

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    I have always bought my equipment from local dealers in Atlanta If I had a problem I could call them on the phone or go see same. It may cost a little more but not near the stress. I did buy a laptop from gateway and had a problem and they took care of it right away. On ebay you never know who the bad guys are. I sell on ebay and give a money back guarantee. Check the feedback score but more important see what other buyers say about him. If negative or no feedbacks stay clear. Do you homework on big items ask for other names he has sold. contact them ask what the think. On big items it pays to double check. Henry G
     
  19. creative

    creative Member

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    Mar 18, 2007
    I had been on ebay for some time now, I've reach the power seller status, the guy had 99.9% positive over 1200 items sold and had been on ebay for few years, what more can you ask for...
    It was very suspicious to me that after the sale he immediately closed his ebay account!!!

    he was a very good seller as far as you can tell but why cancel your account after a big sale? this would of encourage him to sell more, insted af cancelling the account, "did he knew what was coming? what do you think.
     
  20. chopper

    chopper Very Active Member

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    I had the same thing happen to me I bought a used printer and cutter from e-bay and it came with the software to run it, the printer was delivered and the guy forgot to bring the software but he would send it to me, never recived it and then I found that the print head was also bad and then he wouldnt awnser the phone, till I called him from a diffrent number that he didnt know.
    this went on for months ebay was of no use I then looked them up on the internet found thier address contacted the police in thier home town and they informed me that this guy just got out of prision for internet fraud!!!
    I said whell he is back to his old tricks the cops contacted him and put a little pressure on him (they were ready to prosecute him again for fraud) so he gave me my money back then he left me a negitive feed back on ebay like I was the bad guy,so I left him a bad review also and I then recieved many emails from other he had screwed asking me how I got my money back that they were trying for years to get thier money back, but the truth is there is little recorse for such things I consulted lawyers and cops they all said that I had little chance to get my money back
    and the only thing that I could really do was file in small claims court and that
    would have to be done in the county in which he lived so if the guy lives far away you are hosed and he knows it, like I was told that as long as I recived part or all of the product that I bought there is nothing they could do , if you didnt recive it then there is better recorse, I hope you get your money back but the chances are you will not, you must learn and move on you need to get the printer fixed and start making money with it,
    then do like techman said hound this guy it probably wont do any good but I think you will feel better, also find a fellow sign guy that may live close buy, maybe they may find it in there heart to pay this friend a visit, if he lives near me I would gladly look him up for you, and I bet you would get your money back...//chopper
     

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