What to do if ripped off?
12-28-2002, 07:50 PM
#1
What to do if ripped off?
I am begging for your help guys. I found a Maxima up in NY that was put on ebay for a nice price, so I told the guy I would go up from NJ and check it out. He said other people were coming to look at it, so I rushed up there, checked out the car, and gave him a deposit of 500 dollars in cash and 1500 in paypal. I said I would rather purchase the car through ebay just for peace of mind, since he wasn't going to give me a discount on it if we dealed seperately. On my way home, he calls and says that someone bought the car on ebay, but he would call and tell them it was sold and relist it. I believed him, and he sent me the link for the new auction. The thing is, I didn't check the new auction, and apparently he switched the VIN numbers, and in the middle of the description, he added "car is sold as is". After I did the buy it now option, i noticed that the VIN number was changed, and now it is a recovered theft car. I called him back up, and he's denying it that the car was a recovered theft title, and that there is no way he will give my money back. What can I do? I called up paypal and my credit card company for a dispute, but if he already put the paypal in his bank account, there's not much I can do, right? I also called my local police and his local police, but they say I need to drive up there in person. Also, the receipt he gave me when i handed him the 500 lists the VIN for the theft car. How can I go about getting my money back? The only thing I can think of thats on my side is that both auctions list the car as having a clear title, when actually it is a recovered theft car.
If you can give me any help it would be GREATLY appreciated.
If you can give me any help it would be GREATLY appreciated.
12-28-2002, 07:55 PM
#2
Do you have any proof that the car your first saw is not the one he sold you? A picture or the original eBay listing? They will help you a ton if you do. If not I can only imagine that you would sue him. 
-Cyrus
-Cyrus
12-28-2002, 08:07 PM
#5
He denies that he switched them intentionally. He says the car was never involved in theft. The thing is the first listing checked out fine, the second one was the one that didnt check out alright, and unfortunately that was the listing that I purchased it from.
12-28-2002, 08:09 PM
#6
Originally posted by Sqard
He denies that he switched them intentionally. He says the car was never involved in theft. The thing is the first listing checked out fine, the second one was the one that didnt check out alright, and unfortunately that was the listing that I purchased it from.
He denies that he switched them intentionally. He says the car was never involved in theft. The thing is the first listing checked out fine, the second one was the one that didnt check out alright, and unfortunately that was the listing that I purchased it from.
-Cyrus
12-28-2002, 08:18 PM
#7
So I would have to take him to court, correct? I would also then need a lawyer, which would set me back more than 500. Is there anything I can do without going to court, like settle it with the police?
12-28-2002, 08:20 PM
#8
Originally posted by Sqard
So I would have to take him to court, correct? I would also then need a lawyer, which would set me back more than 500. Is there anything I can do without going to court, like settle it with the police?
So I would have to take him to court, correct? I would also then need a lawyer, which would set me back more than 500. Is there anything I can do without going to court, like settle it with the police?
-Cyrus
12-28-2002, 08:56 PM
#9
Originally posted by Vyrus
Well you could go to small-claims court and defend yourself (a Judge Judy type situation). I don't know much about this tho, just consoling you with as much as I know until the big boys who know this stuff show up.
-Cyrus
Well you could go to small-claims court and defend yourself (a Judge Judy type situation). I don't know much about this tho, just consoling you with as much as I know until the big boys who know this stuff show up.
-Cyrus
12-29-2002, 02:03 AM
#11
It's chrome alright...
Join Date: Dec 2001
Posts: 4,009
small claims is usually up to $5,000 or $6,000 depending on your state. I'd check with a real lawyer to get an opinion, then file in small claims (usually $20 to do that) and include all your costs in the claim. When listing $$$ you're suing for, don't forget the day out of work to be in court.
You can't really "settle it with the police" because you bid/bought what was listed. This is lawsuit material.
You can't really "settle it with the police" because you bid/bought what was listed. This is lawsuit material.
Originally posted by BlueC
Small claims court is usually only with "small claims", its under a certain amounth of money, im not how much though, I dont think it would work with more than a few thousand dollars in claims. Check out your local courts though, it might be diff.
Small claims court is usually only with "small claims", its under a certain amounth of money, im not how much though, I dont think it would work with more than a few thousand dollars in claims. Check out your local courts though, it might be diff.
12-29-2002, 04:48 PM
#13
Supporting Maxima.org Member
Join Date: Jun 2001
Posts: 198
Originally posted by VQPowerSE
I hate E-bay
I hate E-bay
I'd fill out a "Buyer Complaint Form" thru paypal. They will attempt to get the funds back for you, and since ebay now owns paypal, they might have luck. The $500 you gave him in person might not be recoverable, but the rest could be...
There are also discussion groups on ebay where you can ***** about sellers/buyers, etc. You also might be able to get some advice from people who've had the same problem as you. Make sure you leave the dude negative feedback, and copy and save the source code from both auctions so you don't get screwed when ebay removes the listing in 3 months.
12-29-2002, 05:17 PM
#14
Senior Member
Join Date: Oct 2001
Posts: 832
Sounds like an open and shut case to me.
I really wouldn't go through small claims court, you won't get to properly explain your case and if the judge is dense in the brain he won't understand sh*t what you're talking about, this way the guy can always just bullsh*t his way out of all or part of the money he owes you.
What should you do? File complaints with the better business bureau and Consumer affairs. If this guy is in a different state you would have to file with the offices in his state, which is just faxing in all papers. The people at consumer affairs would be able to properly read your case, understand it, talk to you more about it then finally call him in for a meeting about it. There is no way he can denie the truth when it's properly written out and someone of authority understands what he did. If he resists payment, consumer affairs will take him to court on your behalf.
You have the reciept of the $500 you paid in cash, and you have a paypal reciept of the $1,500 for paypal. All documented. Print outs of the auctions will help you greatly.
File complaints with e-bay and paypal. Surround this guy with complaints and he'll sh*t bricks till he just gives up and gives you the money back.
The police most likely won't even take a report for something like that, they would refer you to their auto theft devision, which is no good.
I was in your situation, bought a car off e-bay..tried driving it home, half hour later check engine light came on, little after that, boom..smoke everywhere. So i towed the car back to the biatch and left it there. Went home filed reports, and it did take a little while, but in the end through consumer affairs i was refunded all my money.
You should look through his e-bay profile and see if other people had the same or similar experience with him, if you all file reports, he'll be in serious sh*t. This is what i did.
You have to be VERY persistant with consumer affiars and the better business bureau. They seem a bit lazy to get the ball rolling, so keep in their back and ask them the progress of the case and what will be done next.
I know you're probably very worried about the $2,000 you dished out, but take it easy man..you'll get it back and he'll get a fine.
I really wouldn't go through small claims court, you won't get to properly explain your case and if the judge is dense in the brain he won't understand sh*t what you're talking about, this way the guy can always just bullsh*t his way out of all or part of the money he owes you.
What should you do? File complaints with the better business bureau and Consumer affairs. If this guy is in a different state you would have to file with the offices in his state, which is just faxing in all papers. The people at consumer affairs would be able to properly read your case, understand it, talk to you more about it then finally call him in for a meeting about it. There is no way he can denie the truth when it's properly written out and someone of authority understands what he did. If he resists payment, consumer affairs will take him to court on your behalf.
You have the reciept of the $500 you paid in cash, and you have a paypal reciept of the $1,500 for paypal. All documented. Print outs of the auctions will help you greatly.
File complaints with e-bay and paypal. Surround this guy with complaints and he'll sh*t bricks till he just gives up and gives you the money back.
The police most likely won't even take a report for something like that, they would refer you to their auto theft devision, which is no good.
I was in your situation, bought a car off e-bay..tried driving it home, half hour later check engine light came on, little after that, boom..smoke everywhere. So i towed the car back to the biatch and left it there. Went home filed reports, and it did take a little while, but in the end through consumer affairs i was refunded all my money.
You should look through his e-bay profile and see if other people had the same or similar experience with him, if you all file reports, he'll be in serious sh*t. This is what i did.
You have to be VERY persistant with consumer affiars and the better business bureau. They seem a bit lazy to get the ball rolling, so keep in their back and ask them the progress of the case and what will be done next.
I know you're probably very worried about the $2,000 you dished out, but take it easy man..you'll get it back and he'll get a fine.
12-29-2002, 05:19 PM
#16
Banned
Join Date: Jul 2002
Posts: 1,281
Originally posted by Neptune97
Ebay is great, just not for buying cars from someone you don't know.
I'd fill out a "Buyer Complaint Form" thru paypal. They will attempt to get the funds back for you, and since ebay now owns paypal, they might have luck. The $500 you gave him in person might not be recoverable, but the rest could be...
There are also discussion groups on ebay where you can ***** about sellers/buyers, etc. You also might be able to get some advice from people who've had the same problem as you. Make sure you leave the dude negative feedback, and copy and save the source code from both auctions so you don't get screwed when ebay removes the listing in 3 months.
Ebay is great, just not for buying cars from someone you don't know.
I'd fill out a "Buyer Complaint Form" thru paypal. They will attempt to get the funds back for you, and since ebay now owns paypal, they might have luck. The $500 you gave him in person might not be recoverable, but the rest could be...
There are also discussion groups on ebay where you can ***** about sellers/buyers, etc. You also might be able to get some advice from people who've had the same problem as you. Make sure you leave the dude negative feedback, and copy and save the source code from both auctions so you don't get screwed when ebay removes the listing in 3 months.
12-29-2002, 06:33 PM
#17
Guest
Posts: n/a
Re: What to do if ripped off?
Originally posted by Sqard
I am begging for your help guys. I found a Maxima up in NY that was put on.....
blah blah blah
....my side is that both auctions list the car as having a clear title, when actually it is a recovered theft car.
If you can give me any help it would be GREATLY appreciated.
I am begging for your help guys. I found a Maxima up in NY that was put on.....
blah blah blah
....my side is that both auctions list the car as having a clear title, when actually it is a recovered theft car.
If you can give me any help it would be GREATLY appreciated.
not maxima.org
12-29-2002, 06:45 PM
#18
Senior Member
Join Date: Nov 2000
Posts: 3,883
Originally posted by VQPowerSE
Yeah, somethings would be good on E-bay, but definetly not buying cars there. But I'd rather not be bothered with all the hassles of bidding, filling out buyer complaint forms, the discussion groups to ***** about a bad seller or buyer, or just overall being concerned that you get what you bid for. To me, you can definetly get a great bargain there for certain merchandise, but the overall experience when putting those factors into consideration is something left to be desired.
Yeah, somethings would be good on E-bay, but definetly not buying cars there. But I'd rather not be bothered with all the hassles of bidding, filling out buyer complaint forms, the discussion groups to ***** about a bad seller or buyer, or just overall being concerned that you get what you bid for. To me, you can definetly get a great bargain there for certain merchandise, but the overall experience when putting those factors into consideration is something left to be desired.
Anyway, what's the deal? The seller said he wont give up the deposit, but will he sell the car? Because he's gotta be on crack if he thinks he can keep the deposit and sell the car to somebody else. Problem is in small claims it seems like they favor the caveat emptor saying when it comes to cars. They do stick up for renters in the case of landlord disputes though. Losing 2 grand isn't the end of the world but at the same time the seller should not be able to keep the money and then also sell the car to someone else. The seller is actually a dumb guy to welcome this kind of problem.
12-29-2002, 07:01 PM
#19
Banned
Join Date: Jul 2002
Posts: 1,281
Originally posted by Frank Fontaine
I almost wouldn't even bother buying a used car to tell you the truth. There are really no bargains in the car world, which in general is very shady. Even if somebody screams $4000 off a 2k3 Explorer with 0.9%! it doesn't really convince me to buy it. You don't see anybody offering 4 grand off on an A4....
Anyway, what's the deal? The seller said he wont give up the deposit, but will he sell the car? Because he's gotta be on crack if he thinks he can keep the deposit and sell the car to somebody else. Problem is in small claims it seems like they favor the caveat emptor saying when it comes to cars. They do stick up for renters in the case of landlord disputes though. Losing 2 grand isn't the end of the world but at the same time the seller should not be able to keep the money and then also sell the car to someone else. The seller is actually a dumb guy to welcome this kind of problem.
I almost wouldn't even bother buying a used car to tell you the truth. There are really no bargains in the car world, which in general is very shady. Even if somebody screams $4000 off a 2k3 Explorer with 0.9%! it doesn't really convince me to buy it. You don't see anybody offering 4 grand off on an A4....
Anyway, what's the deal? The seller said he wont give up the deposit, but will he sell the car? Because he's gotta be on crack if he thinks he can keep the deposit and sell the car to somebody else. Problem is in small claims it seems like they favor the caveat emptor saying when it comes to cars. They do stick up for renters in the case of landlord disputes though. Losing 2 grand isn't the end of the world but at the same time the seller should not be able to keep the money and then also sell the car to someone else. The seller is actually a dumb guy to welcome this kind of problem.
12-29-2002, 07:48 PM
#20
Originally posted by BlueC
Small claims court is usually only with "small claims", its under a certain amounth of money, im not how much though, I dont think it would work with more than a few thousand dollars in claims. Check out your local courts though, it might be diff.
Small claims court is usually only with "small claims", its under a certain amounth of money, im not how much though, I dont think it would work with more than a few thousand dollars in claims. Check out your local courts though, it might be diff.
12-29-2002, 10:32 PM
#21
Originally posted by Sudesh
It was said before and i'll say it again.
E-BAY SUCKS F*CKING A$$ TO BUY CARS FROM. DO NOT BUY CARS FROM E-BAY. IF YOU DO BUY A CAR, EVEN IF IT'S A GOOD CAR, YOU'RE STUPID.
It was said before and i'll say it again.
E-BAY SUCKS F*CKING A$$ TO BUY CARS FROM. DO NOT BUY CARS FROM E-BAY. IF YOU DO BUY A CAR, EVEN IF IT'S A GOOD CAR, YOU'RE STUPID.
Here is the form I make the buyer fill out before I take a deposit:
http://myweb.thump.net/629819/540i.jpg
12-30-2002, 12:10 PM
#22
Several questions:
(sorry, I am too lazy to look all of this up on here)
1. What are the 2 auction ID numbers?
2. In what state do you live? What abotu the seller?
3. What method of payment did you use on the down payment?
4. What does the "payment for" line or "item description" line in the PAYPAL payment say? Was it referencing the eBay auction? If so, which one?
5. When you called the police, did you talk to a dispacher, officer, supervisor? State police, sheriff, local police?
6. Did you pick up the "wrong" car?
7. Do you have CarFax reports?
I will monitor this thread. I have helped people through similar situations before. This is not at all hopeless, and you CAN win this w/o a lawyer. It sucks, but you must act FAST, before he spends all of the money.
(sorry, I am too lazy to look all of this up on here)
1. What are the 2 auction ID numbers?
2. In what state do you live? What abotu the seller?
3. What method of payment did you use on the down payment?
4. What does the "payment for" line or "item description" line in the PAYPAL payment say? Was it referencing the eBay auction? If so, which one?
5. When you called the police, did you talk to a dispacher, officer, supervisor? State police, sheriff, local police?
6. Did you pick up the "wrong" car?
7. Do you have CarFax reports?
I will monitor this thread. I have helped people through similar situations before. This is not at all hopeless, and you CAN win this w/o a lawyer. It sucks, but you must act FAST, before he spends all of the money.
12-30-2002, 12:23 PM
#23
Also, read this thread:
What to do if you are Scammed on the Internet.
What to do if you are Scammed on the Internet.
12-30-2002, 12:45 PM
#24
Re: What to do if ripped off?
Originally posted by Sqard
I am begging for your help guys. I found a Maxima up in NY that was put on ebay for a nice price, so I told the guy I would go up from NJ and check it out. He said other people were coming to look at it, so I rushed up there, checked out the car, and gave him a deposit of 500 dollars in cash and 1500 in paypal. I said I would rather purchase the car through ebay just for peace of mind, since he wasn't going to give me a discount on it if we dealed seperately. On my way home, he calls and says that someone bought the car on ebay, but he would call and tell them it was sold and relist it. I believed him, and he sent me the link for the new auction. The thing is, I didn't check the new auction, and apparently he switched the VIN numbers, and in the middle of the description, he added "car is sold as is". After I did the buy it now option, i noticed that the VIN number was changed, and now it is a recovered theft car. I called him back up, and he's denying it that the car was a recovered theft title, and that there is no way he will give my money back. What can I do? I called up paypal and my credit card company for a dispute, but if he already put the paypal in his bank account, there's not much I can do, right? I also called my local police and his local police, but they say I need to drive up there in person. Also, the receipt he gave me when i handed him the 500 lists the VIN for the theft car. How can I go about getting my money back? The only thing I can think of thats on my side is that both auctions list the car as having a clear title, when actually it is a recovered theft car.
If you can give me any help it would be GREATLY appreciated.
I am begging for your help guys. I found a Maxima up in NY that was put on ebay for a nice price, so I told the guy I would go up from NJ and check it out. He said other people were coming to look at it, so I rushed up there, checked out the car, and gave him a deposit of 500 dollars in cash and 1500 in paypal. I said I would rather purchase the car through ebay just for peace of mind, since he wasn't going to give me a discount on it if we dealed seperately. On my way home, he calls and says that someone bought the car on ebay, but he would call and tell them it was sold and relist it. I believed him, and he sent me the link for the new auction. The thing is, I didn't check the new auction, and apparently he switched the VIN numbers, and in the middle of the description, he added "car is sold as is". After I did the buy it now option, i noticed that the VIN number was changed, and now it is a recovered theft car. I called him back up, and he's denying it that the car was a recovered theft title, and that there is no way he will give my money back. What can I do? I called up paypal and my credit card company for a dispute, but if he already put the paypal in his bank account, there's not much I can do, right? I also called my local police and his local police, but they say I need to drive up there in person. Also, the receipt he gave me when i handed him the 500 lists the VIN for the theft car. How can I go about getting my money back? The only thing I can think of thats on my side is that both auctions list the car as having a clear title, when actually it is a recovered theft car.
If you can give me any help it would be GREATLY appreciated.
Call your lawyer unless you want a bunch of opinions. Or try to solicit some opinions here from people who have experienced something similar.
This is a forum for Maxima enthusiasts not wannabe lawyers who drive Maximas.
With that being said, talk to the authorities to find out what the next step(s) are to pursuing legal action. If advertised as a clean title and the title is dirty, you have a point of contention.
Otherwise, it is your word versus his word.
Good luck!
D
12-30-2002, 01:21 PM
#25
Re: Re: What to do if ripped off?
Originally posted by dlicari
Call your lawyer unless you want a bunch of opinions. Or try to solicit some opinions here from people who have experienced something similar.
This is a forum for Maxima enthusiasts not wannabe lawyers who drive Maximas.
With that being said, talk to the authorities to find out what the next step(s) are to pursuing legal action. If advertised as a clean title and the title is dirty, you have a point of contention.
Otherwise, it is your word versus his word.
Good luck!
D
Call your lawyer unless you want a bunch of opinions. Or try to solicit some opinions here from people who have experienced something similar.
This is a forum for Maxima enthusiasts not wannabe lawyers who drive Maximas.
With that being said, talk to the authorities to find out what the next step(s) are to pursuing legal action. If advertised as a clean title and the title is dirty, you have a point of contention.
Otherwise, it is your word versus his word.
Good luck!
D
We both have our opinions on what he should do, lets leave it at that and let him decide.
Thread
Thread Starter
Forum
Replies
Last Post
mikeg75
4th Generation Maxima (1995-1999)
12
11-30-2015 05:12 PM
Derrick2k2SE
5th Generation Maxima (2000-2003)
9
11-19-2015 10:14 PM
CAN-Toronto 97 SE BLACK w/ BLACK. PART OUT.
worldwiderecognized
4th Generation Classifieds (1995-1999)
2
09-24-2015 06:56 PM
95naSTA
4th Generation Classifieds (1995-1999)
4
09-21-2015 06:50 PM