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      07-14-2013, 11:34 AM   #1
omaragha
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Advice and help regarding member deepak.j

Need your advice people,

I recently bought two items from a member on here called deepak.j ,namely E93 wind deflector and LCI rear lights.

The problem is with the wind deflector, it was advertised in mint condition with a case. Well it turned up late, with a rip and minus a case. Payment was by PayPal gift (idiot I am!!) I have contacted and emailed pictures of the damage on the item to this guy.

He tells me (from the pictures) that the rip was caused in transit ? He wants me to send him pictures of the boxes (all ripped up and bined obviously!!) or deal with the insurance claim via the courier myself ?? I also told him there was no evidence of any damage to the packaging - he also accused me of damaging the item by using a knife to open the packaging ??!??

Any ideas or advice welcomed ?!?

I only want my money back for the damaged deflector,he still has £400 for the LCI lights which seem ok (not installed yet tho !!)

Help please .
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      07-14-2013, 11:37 AM   #2
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he is now sending these type of PM's, hardly helpful........................

Ok. Please listen carefully.

Point 1 ) item left me in good conditiob. Pics proove it was in good shape.

Point 2) if you have not damaged it using a knife. Then courier would have manhandled it causing damage.

Point 3) I'm not going to pay from my pocket when I sent it in good shape. I will claim from courier the cost of a new one and then refund you money. They will only entertain if there are pictures of packing.

So please send me pictures of packing otherwise this matter ends here.




Ive told this guy that the packaging is cut up and in the bin ffs. What are my rights here ?
Thanks.
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      07-14-2013, 11:44 AM   #3
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Have now taken packaging out of bin and sent pictures ?!?!?
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      07-14-2013, 12:17 PM   #4
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If the packaging was damaged when you received it, you would of signed for it as damaged.
Based on that, I would say it was not damaged in transit
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      07-14-2013, 01:47 PM   #5
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It wasnt damaged but this guy (conveniently) doesn't believe me !
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      07-14-2013, 01:52 PM   #6
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Tell him to request a copy of the POD (Proof of delivery) that will state if you signed for it damaged or not
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      07-14-2013, 03:01 PM   #7
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Ok. I've asked him for it. In 5 odd years of being on this forum I've never been ripped off until now.

I'm raging about it as well !!!!!
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      07-14-2013, 06:47 PM   #8
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Unfortunately this will be one of those situations you learn a lesson for the next time.
You can sign as received but not opened/inspected.
Or film the opening of the sealed packaging and product inspection... as I do.
I think his point 3 is well within his right.
If this were an eBay situation I would of asked him for visual proof that the product was in fact undamaged before packaging. That would tip things in your direction.
Obviously non of the above helps you right now.
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      07-14-2013, 07:32 PM   #9
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i knew this guy was dodgy, and now a member has been scammed.

where is the mods now??
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      07-14-2013, 07:34 PM   #10
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Quote:
Originally Posted by TripleBlack View Post
Unfortunately this will be one of those situations you learn a lesson for the next time.
You can sign as received but not opened/inspected.
Or film the opening of the sealed packaging and product inspection... as I do.
I think his point 3 is well within his right.
If this were an eBay situation I would of asked him for visual proof that the product was in fact undamaged before packaging. That would tip things in your direction.
Obviously non of the above helps you right now.
picture won't prove anything, it can be photo's he has taken when it was new and really was in mint condition.

The fact he was won't refund the item is that he is trying to blame a third party or the buyer then ends it there as HE knows he cant get a good price if he sold the item was poor condition in the first place.
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      07-14-2013, 09:57 PM   #11
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When I sell. I film the items condition and then film it being packaged and addressed to the buyer seal protected in one uninterrupted video. Anything happens to the product afterwards will either be transit or the buyer. If eBay comes knocking then I have a form if visual proof. Good for avoiding iPhone type scans where the buyer sends back a dud.

When I buy I film the condition of the packaging, the seal or cello tape and the unpacking and inspection of the item. All these things help you avoid hassle with eBay scams but I don't know how helpful they would be in court.

Anyway isn't it meant to be the seller who claims of the devil very service/insurance not the buyer?

Had a run in with Royal Mail once as a seller and they said the packaging wasn't adequate and they would only compensate me with a couple pounds worth of stamps.
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      07-15-2013, 02:20 AM   #12
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Quote:
Originally Posted by Yoro35i
i knew this guy was dodgy, and now a member has been scammed.

where is the mods now??
How did you know he was dodgy mate ? Can't believe someone would stitch me up over such a small amount of money !! He said that he has photos to prove the item is Undamaged before he sent it - photos could of been from years ago tho !!

I am raging so much over this I am thinking to go to his home and strongly suggest he returns my money pronto.
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      07-15-2013, 06:12 AM   #13
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Quote:
Originally Posted by omaragha View Post
How did you know he was dodgy mate ? Can't believe someone would stitch me up over such a small amount of money !! He said that he has photos to prove the item is Undamaged before he sent it - photos could of been from years ago tho !!

I am raging so much over this I am thinking to go to his home and strongly suggest he returns my money pronto.

I had a feeling. When he priced his lci lights at mega bucks. I knew he thought the forum people must be made out of fools. And hed had those m sport prirate style grills on his convert...

Why would any decent being put those on!! Just
My feeling tho
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      07-15-2013, 06:13 AM   #14
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Life's too short Fella, and comments like the above however they are perceived will do you no good.

I'm not sure what you can do about it, I'd like to think the bad press the Guy is receiving will make him think again, and you can both come to some sort of agreement.

It sucks, I know.
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      07-15-2013, 06:27 AM   #15
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Unfortunately its one of those hard to prove cases, you have no evidence that you did not damage it nor do you have evidence the courier did not damage. Also he has no evidence it wasn't damaged before dispatch or proof the packaging was adequate.

The courier co wont do anything as they have nothing proved against them and they come up against this type of problem daily.

Unless the seller and buyer are reasonable its tears for someone sadly. Maybe sell the damaged item and both parties share the loss is the only reasonable result.
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      07-15-2013, 06:32 AM   #16
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As I already mentioned, he can get a copy of the POD, that will state if it was damaged when delivered.
If it was damaged you would either sign it as damaged or open it before signing it, so yes, he does have some sort of proof.
If the packaging was not damaged on delivery it can only point to the fact that it was damaged before it was even put in the packaging!

You don't need to be the sender to get the POD, I think most carriers allow you to put the tracking number into their site and it will show who signed for it and any comments added.

It is also worth noting that these days most carriers small print either does not let you sign for something as "contents not checked" or if you do put that, they take it to mean that you are signing that it is not damaged!
I deal with all the big carriers on a daily basis at work, so have a fairly good idea of how they all operate.
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      07-15-2013, 07:53 AM   #17
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Perhaps the other party can comment?

any scammers on here need to get banned.
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      07-15-2013, 08:03 AM   #18
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Quote:
Originally Posted by zltm089 View Post
Perhaps the other party can comment?

any scammers on here need to get banned.
The other person has commented in the for sale thread.
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      07-15-2013, 09:08 AM   #19
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And only a day has passed since the first post in that thread, so frankly I think the seller should be given some time to try and resolve the issue before people start firing off accusations.
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      07-15-2013, 09:21 AM   #20
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Quote:
Originally Posted by Yoro35i View Post
I had a feeling. When he priced his lci lights at mega bucks. I knew he thought the forum people must be made out of fools. And hed had those m sport prirate style grills on his convert...

Why would any decent being put those on!! Just
My feeling tho
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      07-15-2013, 12:26 PM   #21
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Quote:
Originally Posted by djgandy
And only a day has passed since the first post in that thread, so frankly I think the seller should be given some time to try and resolve the issue before people start firing off accusations.
Agreed and to be fair the seller has responded to me with two options:

1) 40% refund and I keep the item
2) refund in full (my cost to send item back)

I've taken option 2 and said that once I receive refund I will post back - that's fair right ?

Thanks for all your responses guys its much appreciated. All I wanted was an u damaged item - I gave this member £520 of my money for the diffuser and the lights (which I haven't fitted yet btw) which is quite trusting of me isn't it ! ;-)
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      07-15-2013, 01:21 PM   #22
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Sounds like the seller was very fair with you.
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