If you are in different states, I wouldn't even bother worrying about any legal action. Tell him to get lost and read the auction more carefully next time. So if he hires a lawyer he will be out a few thousand...the worst that can be done to you is they would make you refund the money since the actual case is in dispute due to wording of the auction. Why can't you just get the phone back, auction it again, and then pay off what you owe to him?
He's trying to scare you, he won't take you to court over a cell phone. Just tell him that you would be willing to give him a 'partial refund' or he can return the product and you will give him a full refund. Then, when you get the phone just resell it again on eBay. This really isn't that big a deal. Just be a man and own up to your mistake.
After the threatening emails, I would tell him that I was going to refund him, but didn't like his lying attitude, so I'm not going to do anything. Screw him.
If you remember what you paid for shipping, only offer that amount. There's no reason this douche should make a few bucks off of this. For future reference, don't just blatantly copy somebody else's auction description and use it as your own. And if you do, proofread it a couple of times and make adjustments where necessary.
Look at what this douche has been buying: http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=genesisgraphics&ftab=FeedbackAsBuyer Mainly Cincinnati Reds and art posters. Seems to be a small business owner. I seriously think the "law suit threat" is bs, as I doubt he can afford it. Possible MySpace: http://www.myspace.com/genesisgraphics
On second thought, the threats might be legit. Looks like he can afford it. http://www.yellowpages.com/info-LMS56681499/Genesis-Graphics/maps?from=qpibp Sorry dude.
I still say he's full of ****. Offer a full refund. Offer to pay for return shipping, but not more than what you paid to ship it to him in the first place. If he doesn't accept or wants more, tell him to go **** himself.
Confirmed to me that he's trying to reverse scam you. Also, you have protection under ebay rules for idiots like this.
in the beginning when he first asked me to give him a full refund for the shipping + the item i refused to.. i was like, you should have read the description first.. and then after looking at the comments here i emailed him, fine i'll give you a refund. but he hasnt responded yet.. whats the max he can do? whats the most i'll have to end up paying? sheit i'm a full time student and working 20hrs a week. i cant afford to pay extra costs i'm broke as heyl.. i think ima email him if he wants a partial refund.. any other suggestions? whats the most the legal authorities can do to me?
OK, just tell him fine, see you in court. He's BSing. If he wants a return, make him pay the return shipping for a full refund. You both made mistakes, he should have contacted you before to make sure it was brand new. That auction is a contract, and if there is a mistake in the description (don't copy other people's descriptions) that is obviously the incorrect one. Sounds to me like the guy took a shot and excpected a brand new without box phone.
Honestly, I think ZIP... The description actually had "used" in the condition column... that supercededs any other html. Also, it's easily defended by you by saying "I left out the word 'like' before the phrase 'brand new' - so take it up with ebay and file a complaint." The "authorities" in this matter is ebay, and it's arbitration system... which has worked for me before, twice in fact... and both over cell phones to be exact.
Since you offered him a full refund, I wouldn't worry about it. If he sues you now, what will he get if he wins? A full refund.
Whats a petty thief claim? He said he's gonna file that. Also, will i have to pay anything if he sues me coz i'm broke as helll
As long as you've offered to refund him his money upon return of the phone, I wouldn't think twice about it.
He's blowing smoke up your ass. I'm with Smokey. If you offered refund+shipping, what's he going to gain? It makes no sense for him to go to court and hire a lawyer. That's money out of his pocket to try to get what you've already offered. He's not going to get more than what you offered so why bother? If he decides to be a dick and try more ****, all you have to do is show proof that you tried to make restitution and he refused. Then counter sue him to get him to pay for your legal fees and court costs, if any.
Ding ding ding! Follow the above and you'll be fine. Oh, and try to use good grammar when e-mailing him or he might think he's dealing with some kid going through puberty, meaning he thinks he can scare you sh**less, scam you and get something out of you. My $0.02...
Thanks a lot everyone Appreciate it! I'm just gonna chill and relax and see what happens. If he comes in town and tries to take me to the court I know what to say now!
