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Thread: Deal with fellow DPer gone sour...need advice...

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    Peach (Level 3)
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    Default Deal with fellow DPer gone sour...need advice...

    Hey guys. I recently bought 13 N64 games from a DP member through the B/S forum. He had stated that the games were all in "near mint - mint." I explained to him that the cosmetic condition was very important to me because I only wanted games in my collection that were at least NM. I sent a paypal payment of $72.00 (the agreed upon price). A couple of days later I recieved the games. Three of the 13 games were in decent condition, but the other ten were in really, really bad shape. They all had bad label damage...some torn, some scuffed, and a couple even had bubbling labels like the game had been wet. The two games that I was mainly interested in were Mario Party 2 and Pokemon Stadium 2. The Pokemon Stadium 2 label was scuffed really badly and the rear label was actually torn. The Mario Party 2 label was so badly worn that there was more "white" on the label than there was color. Obviously, I was pretty unhappy about this. I contacted the seller and explained my concern. He said that the games were in "excellent condition," and refused to give me a refund. I even offered to cover the return shipping costs myself, but still, he refused. Obviously, I was even more upset at this point. He then contacts me and says that he has a solution to our problem. He says that I should file an insurance claim since the games left is house in excelent condtion and arrived to me in less than excellent condition. He said that the post office carrier must have damaged the package. I told him that he and I both knew that this type of "damage," severe label damage, could NOT occur during shipping. In my understanding this would constitute insurance FRAUD, a VERY VERY serious issue. I told him that I would have no part in making the PO pay for something they had no hand in damaging. He still insisted on filing the claim anyway, but I of course refused. I told him that instead of a full refund I would accept a partial refund of $20.00 and I would keep the games and we would call it even. He agreed to this. He refunded $4.87 to my paypal account and said that he would get me the other $15.13 as soon as he could. The $4.87 payment happened on August 15th. I had not seen any other money as of today, so I PMed him to inquire about when to expect the balance. He PMed me back and said that he had changed his mind and that he was not going to pay me anymore and that I was lucky he refunded anything at all. I have PM's saved that show he agreed to the partial refund and also show that he tried to get me to commit insurance fraud. Simple question what should I do? Anything at all or just forget about the $15.00? Leave neg feedback in the feedback forum (which I'm sure he would reciprocate)? Any advice is appreciated.

    I'm sorry for the long post, but it was necessary to explain the situation fully. Thanks for looking!!
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    So... who was it?

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    I don't want to say who it was until I decide what to do...if anything at all.
    What?!...Me worry??...HA!!

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    Pac-Man (Level 10) RCM's Avatar
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    Send him a PM and explain you're going to out him if he doesn't pay up in 24 hours. If he pays don't out him. But you'd be helping us all if you did. I don't want to get fucked over by this member.
    I don't want you to hate me, I want you to want to hate me - GamersUniteMagazine.com

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    Mention who it is in our feedback forum, this is why we have that.
    My Gaming Collection (Now at Google Drive!)

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    You probably don't have any real recourse here. Paypal isn't going to help you, and you rightly don't want to file a false P.O. claim. I'd post the in the feedback forum and chalk it up as a lesson learned (the lesson being insist on clear digital photos of all purchases).

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    My first thought was to leave negative feedback, but I am worried that he will do the same even though I did nothing wrong and paid immediately. So I shouldn't worry about this?
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    I would simply expose him.

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    Quote Originally Posted by petewhitley
    You probably don't have any real recourse here. Paypal isn't going to help you, and you rightly don't want to file a false P.O. claim. I'd post the in the feedback forum and chalk it up as a lesson learned (the lesson being insist on clear digital photos of all purchases).
    Wait just a minute. Every time I hear someone bitch about paypal, it's because the BUYER has all the rights in paypal. If he has no proof of delivery or anything of the sort, you could very well have paypal refund your entire purchase if you pushed hard enough. It sucks for honest sellers who get gipped by shitty buyers, but in your case, ride that bitch (back) to the bank.

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    Pac-Man (Level 10) petewhitley's Avatar
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    Quote Originally Posted by DrJustinRamone
    Wait just a minute. Every time I hear someone bitch about paypal, it's because the BUYER has all the rights in paypal. If he has no proof of delivery or anything of the sort, you could very well have paypal refund your entire purchase if you pushed hard enough. It sucks for honest sellers who get gipped by shitty buyers, but in your case, ride that bitch (back) to the bank.
    I guess he could do that, though it's really playing hardball (to claim you never received it, which is essentially what he would need to do). Going to Paypal with the real story isn't likely to result in any help (in my experience they aren't interested in disputes over the quality of purchases).

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    Actually, this brings up an interesting side point about N64 carts (and to a lesser extent, SNES and NES) that I've always wondered myself -- if the back label is damaged but the front label is in pristine condition, does this constitute a "poor" label? Usually, I say that it is the front label that makes the difference, and if there are blemishes to the back label it isn't a big deal. I'd like to know what everyone else thinks because I don't want to ever get into this situation with any games I'm selling from the GOAT Store
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    I'd suggest that you both find an amicable agreement that satisfies you both. Too bad I hadn't of known you wanted N64 stuff. I just dumped 3/4 of my collection....and they WERE all mint completes, right down to the cart baggies and blow-in cards. It's situations like this that are the main reason that I only buy from "bricks 'n mortar" stores. One man's mint is another's so-so.

    As far as the label thing? I have a few loose carts, ex-rentals, that had bad back labels due to the big Blockbuster stickers. I simply removed them in their entirety. Gotta have great front labels though.

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    Default Re: Deal with fellow DPer gone sour...need advice...

    Quote Originally Posted by jdchess
    He then contacts me and says that he has a solution to our problem. He says that I should file an insurance claim since the games left is house in excelent condtion and arrived to me in less than excellent condition. He said that the post office carrier must have damaged the package. I told him that he and I both knew that this type of "damage," severe label damage, could NOT occur during shipping. In my understanding this would constitute insurance FRAUD, a VERY VERY serious issue.
    First, allow me to say that I am not a lawyer.

    It seems like any half-decent law enforcement agency would jump all over a case involving conspiracy to commit insurance fraud. If you've got enough solid evidence, and the potential damages to the insurer are large enough to warrant an investigation, I suppose that's always an option.

    Assuming you still have the box they were shipped in, it should be reasonably obvious that it was not damaged in transit. The tracking/package number will help solidify this.

    I say save and print all the PMs (both sent and received). You're lucky you were corresponding via a medium like phpBB that saves the original messages on the server until deleted. Then that can be subpoenaed as evidence from the site admins, along with the IP addresses from whence the messages came - you can show with reasonable certainty that they were coming from the computer of the person you believe them to be coming from. Get a sworn affidavit from Joe or another admin/owner that the disclosed message contents and origins are true, and presto, problem solved. ;-)

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    Unfortunately, I don't have the box or the shipping form anymore. I refuse to lie to paypal about the situation. Do any of you think I have any recourse through paypal if I give them the full story? The original payment was made on July 21st. Has it been too long to file a claim with paypal? Also, do you really think I should turn this over to the authorities? It was a fairly small amount ($72.00), but the principle of it is what matters.
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    Well the search engine turned up the buying/selling post in about 2 seconds. Since this is a regular DP member I would send them one PM with your final demands, and if they are not met then I would leave feedback for sure. It would be a shame if something like this couldn't be settled civilly.

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    Thanks for the post Flack. Very good detective work finding the post by the way Do I have any recourse if and when he leaves negative feedback for me? I don't want to lose out on future trades because some jerk left unwarrented neg feedback.
    What?!...Me worry??...HA!!

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    Yeah, post in the feedback forum. We don't want other members to be burned.
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    I would tell him you will post a picture of the "near mint / mint" items in his feedback and on all the boards he uses. If he doesn't believe you. Do it. Show people how he burned you.

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    Quote Originally Posted by goatdan
    Actually, this brings up an interesting side point about N64 carts (and to a lesser extent, SNES and NES) that I've always wondered myself -- if the back label is damaged but the front label is in pristine condition, does this constitute a "poor" label? Usually, I say that it is the front label that makes the difference, and if there are blemishes to the back label it isn't a big deal. I'd like to know what everyone else thinks because I don't want to ever get into this situation with any games I'm selling from the GOAT Store
    I agree that it is the front label that determines the "quality", but it is common courteousy to be honest and up front if the back label is butchered in some way. Cart backs are easily swappable for the most part, (damn you late-era NES games!) but not everyone owns a securtiy bit.

    As for this dispute... I think it should be posted in the buying and selling forum, not here.
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    Quote Originally Posted by jdchess
    Thanks for the post Flack. Very good detective work finding the post by the way Do I have any recourse if and when he leaves negative feedback for me? I don't want to lose out on future trades because some jerk left unwarrented neg feedback.
    Link to this post when he leaves you negative feedback.

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