[UdubBadger]

Well its been 4 days and neither Long nor Drew have answered my PM's about a last attempt at trying to work something out in terms of a new piece or partial refund so my CC company has been notified and unfortunately its come down to me having to file a dispute for the entire purchase.

[E92-Lighting]

?

[UdubBadger]

yeah I dunno either... thought they'd want to fix it but I guess not

[longtran]

let me get this straight. you sold the kit for the same price you paid for it and you still want to do a charge back???

here is the email from evo119 from him:

You have received a new private message at BMW 3-Series (E90 E92) Forum from UdubBadger, entitled "Re: Longtran Trim Situation".

To read the original version, respond to, or delete this message, you must log in here:


This is the message that was sent:
***************
because after I put it all on (and also realized the fit was poor on the 2 pieces I told you about) my GF and I decided it wasn't the look I was going for anyway. I then sold the trim to someone else who lives in Vegas, and told her about the fit issues (one I resolved personally - the ashtray cover) and also the piece that was supposed to be replaced by Long. Any refund or new piece given to me is going right to her and she is also ok with giving back the whole set for a full refund if it comes down to that. I didn't make any money off the sale, sold it for the same $500 that I bought it from you for.


-Seth


---Quote (Originally by evo119)---
Seth,

I wanted to clarify a few things.

Why did the trim get sent to Las Vegas and where are the rest of the pieces as well?
---End Quote---

[Minipuck V 2.0]

Originally Posted by longtran

let me get this straight. you sold the kit for the same price you paid for it and you still want to do a charge back???

here is the email from evo119 from him:

You have received a new private message at BMW 3-Series (E90 E92) Forum from UdubBadger, entitled "Re: Longtran Trim Situation".

To read the original version, respond to, or delete this message, you must log in here:


This is the message that was sent:
***************
because after I put it all on (and also realized the fit was poor on the 2 pieces I told you about) my GF and I decided it wasn't the look I was going for anyway. I then sold the trim to someone else who lives in Vegas, and told her about the fit issues (one I resolved personally - the ashtray cover) and also the piece that was supposed to be replaced by Long. Any refund or new piece given to me is going right to her and she is also ok with giving back the whole set for a full refund if it comes down to that. I didn't make any money off the sale, sold it for the same $500 that I bought it from you for.


-Seth


---Quote (Originally by evo119)---
Seth,

I wanted to clarify a few things.

Why did the trim get sent to Las Vegas and where are the rest of the pieces as well?
---End Quote---

Wow wtf? is that a personal admission that you bought something you didn't like?

and yeah i am in attack mode! RAAAAAAAAAAAAWwwwwwAR!!!

[Minipuck V 2.0]

so he gets hsi money back from CC company ... and gets to keept he trim .... hmmmmmmmmmmmmmmmmmmmmmmmmmmm .... or keep the money he made off selling the trim to the lady in vegas?

[PAKMAN]

i know i'm not to supposed to be posting in here but i just wanted clear things up a bit.
So Seth(UdubBadger) is filing a CC dispute when he sold the kit for how much he bought it for? So basically he's trying to get 500 more from the CC company and another 100 from long because he didnt like the look to begin with?
I think that fit issue was BS just to get his money back.
someone must be on some type of strong nicotine or something.

[UdubBadger]

1. why does that matter? just because it wasn't exactly the look I wanted in the end doesn't mean it still didn't fit correctly in the 1st place. and had it fit in the 1st place, reselling the trim wouldn't have made a difference.
2. Yes I am doing a full charge back so I can refund the 3rd party with the money, she is sick and tired of all of this as well. Maybe if it hadn't taken all of 2 months with no progress she'd want to keep it.
3. maybe you should try answering your PM's if you are still concerned about this being public.
4. I am getting really thin on patience with you Long, almost to the point of cursing you out (but I'm better than that). Nothing I have done here has been wrong or unwarranted. I can't believe you are even acting so surprised that I had sold the trim, you saw the address it came from and you know the address you sent it out to.

You and Drew are obviously into some shady stuff here, I don't even think Drew was the one who I paid for the trim because the sale on paypal said the name was Anthony Salazar... thats not Drew is it? So maybe Drew passed it along from someone else and had me pay them directly, maybe because this guy new it didn't fit correctly? You guys should probably come clean soon or else this could get even messier than it already is.

[UdubBadger]

Originally Posted by PAKMAN

i know i'm not to supposed to be posting in here but i just wanted clear things up a bit.
So Seth(UdubBadger) is filing a CC dispute when he sold the kit for how much he bought it for? So basically he's trying to get 500 more from the CC company and another 100 from long because he didnt like the look?
someone must be on some type of strong nicotine or something.

no, long doesn't want to give me the $100... he and drew ignored my PM's so I'm filing CC charge back for the whole amount and the trim to be returned to them if they choose... if they don't want it, I'm sure it'll find its way to the trash.

The $500 I receive from the charge back will be refunded to the person I sold it to.

[jumpingjz]

wow cant believe i just read all 11 pages, so the trim was not fitted right, but during the process, the trim was damaged, shouldn't there be a dispute first with the shipping company? Long seems to have done more than enough to try and resolve the situation while he's dealing with all of his other obligations despite the issue caused by the shipping company. I understand your frustration, although the fitment issue might be the primary focus, it doesn't change the fact that shipping company perhaps should take some blame in the situation for mishandling parts which results in manufacturers/sellers unable to review/resell the original part.

As for those who said Long's overrated and that he's selling his product like a vendor without paying vendor fees, Long never advertised as a vendor on vendor forum and all of his previous buyers voluntarily praise him for what he has done for their mod addictions. Yes, Long has helped me A LOT on my car, and I couldn’t thank him enough for what he’s done for my car despite how busy he is. He literally gets PM almost every minute…

To Op, hope you get your problem resolved

[evoi19]

Originally Posted by UdubBadger

1. why does that matter? just because it wasn't exactly the look I wanted in the end doesn't mean it still didn't fit correctly in the 1st place. and had it fit in the 1st place, reselling the trim wouldn't have made a difference.
2. Yes I am doing a full charge back so I can refund the 3rd party with the money, she is sick and tired of all of this as well. Maybe if it hadn't taken all of 2 months with no progress she'd want to keep it.
3. maybe you should try answering your PM's if you are still concerned about this being public.
4. I am getting really thin on patience with you Long, almost to the point of cursing you out (but I'm better than that). Nothing I have done here has been wrong or unwarranted. I can't believe you are even acting so surprised that I had sold the trim, you saw the address it came from and you know the address you sent it out to.

You and Drew are obviously into some shady stuff here, I don't even think Drew was the one who I paid for the trim because the sale on paypal said the name was Anthony Salazar... thats not Drew is it? So maybe Drew passed it along from someone else and had me pay them directly, maybe because this guy new it didn't fit correctly? You guys should probably come clean soon or else this could get even messier than it already is.

Ok, you can go ahead and try to do a CC charge back. That's fine. We have what we need when they contact me.

You're trying to to do a charge back when you sold the trim for the same price you bought it for. How do we know you're not going to pocket it and run off? How do we know the person in vegas isn't your friend either?

Plain and simple, you sold the kit and made your money back and now you want to dispute another charge to get another $500 back. If anything the lady should be disputing with YOU!

As for my paypal account, it's under my pops. I've had that thing for over 10 years and opened it a LONNNGG time ago before i had a bank account.

Anyone can tell you my last name and will vouch for who i am. You paid me directly and i have screenshots and emails to prove it.

[PAKMAN]

Originally Posted by UdubBadger

1. why does that matter? just because it wasn't exactly the look I wanted in the end doesn't mean it still didn't fit correctly in the 1st place. and had it fit in the 1st place, reselling the trim wouldn't have made a difference.
2. Yes I am doing a full charge back so I can refund the 3rd party with the money, she is sick and tired of all of this as well. Maybe if it hadn't taken all of 2 months with no progress she'd want to keep it.
3. maybe you should try answering your PM's if you are still concerned about this being public.
4. I am getting really thin on patience with you Long, almost to the point of cursing you out (but I'm better than that). Nothing I have done here has been wrong or unwarranted. I can't believe you are even acting so surprised that I had sold the trim, you saw the address it came from and you know the address you sent it out to.

You and Drew are obviously into some shady stuff here, I don't even think Drew was the one who I paid for the trim because the sale on paypal said the name was Anthony Salazar... thats not Drew is it? So maybe Drew passed it along from someone else and had me pay them directly, maybe because this guy new it didn't fit correctly? You guys should probably come clean soon or else this could get even messier than it already is.

or maybe Anthony Salazar can be someone to relations with drew because last time i checked, drew's last name was salazar. LOL..HAHAHA unless he changed it to peyton manning or something?

[san~man]

I've got a couple questions:

1. Why did you not mention in your first post that you sold it to someone else, rather than wait for someone to post it?
2. Did you try to hide that fact to gain sympathy from the board?
3. How does anyone know, and more importantly, why should anyone believe that the "third party" is indeed unhappy? (you said it yourself that you resolved the fitment issue)
4. Why did you sell it in the first place to someone else, knowing full well that it didn't fit and that there was a chance that you'd have to refund money?

#4 is the kicker. If you knew that it didn't fit, why the hell did you sell it to someone else in the first place? It's like selling a used car knowing that something doesn't work, but you still sold it anyway. And yet, you want to comment on the morality and ethics of Long and Drew, as if your shit don't stink now?

I don't know anyone involved in this thread nor have I bought anything from anyone in this thread, but the more it unfolds, the more it seems that the OP is the shady one.

[UdubBadger]

Originally Posted by evo119

As for my paypal account, it's under my pops. I've had that thing for over 10 years and opened it a LONNNGG time ago before i had a bank account.

Anyone can tell you my last name and will vouch for who i am. You paid me directly and i have screenshots and emails to prove it.

thats fine... just wondered why the name was different than yours.

[1cleanm6]

Wow uber your story seriously sucks nutz....bunch of bs

your shady...

[UdubBadger]

Originally Posted by san~man

I've got a couple questions:

1. Why did you not mention in your first post that you sold it to someone else, rather than wait for someone to post it?

it shouldn't matter, the issue that I'm bringing to attention is that I was sold something that didn't fit, was told if i return it to Long I'd get a new piece, which I never did.

Originally Posted by san~man

2. Did you try to hide that fact to gain sympathy from the board?

No, regardless if I sold it or kept it, I wasn't given a replacement like I was told I was going to.

Originally Posted by san~man

3. How does anyone know, and more importantly, why should anyone believe that the "third party" is indeed unhappy? (you said it yourself that you resolved the fitment issue)

When did I say I resolved the fitment issue? Of course this person is unhappy and because of all this mess she wants to return the entire thing to Drew/Long for a full refund. Obviously Any refund given to me is going to be going back to her.

Originally Posted by san~man

4. Why did you sell it in the first place to someone else, knowing full well that it didn't fit and that there was a chance that you'd have to refund money?

#4 is the kicker. If you knew that it didn't fit, why the hell did you sell it to someone else in the first place? It's like selling a used car knowing that something doesn't work, but you still sold it anyway. And yet, you want to comment on the morality and ethics of Long and Drew, as if your shit don't stink now?

Before I ever sold the trim... I was told to send it in to Long for a new piece. It took Long a bout a week to get the piece in which time the buyer and I spoke about the trim, she was interested in it when she saw Drew selling it but PM'ed me because I said my Aluminum trim was going to be for sale, I explained the situation to her that the trim was in good shape, except the 2 problems... one with the ashtray that I fixed myself and the other which was the piece we are talking about now that didn't fit. I told her I'd sent it in to Long and was told I was getting a replacement and could have it sent directly to her once Long got it. She said that was ok and was happy to buy it from me because she was looking to buy it from Drew in the 1st place.

Originally Posted by san~man

I don't know anyone involved in this thread nor have I bought anything from anyone in this thread, but the more it unfolds, the more it seems that the OP is the shady one.

take it easy... I've disclosed everything and have nothing to hide about this. I didn't post about having sold it because it shouldn't make a difference because I'm still just fighting for what I was told I was getting, so that I can be honest and give it back to the current owner. She has been very understanding and patient throughout this entire thing but don't think she is willing to return it to spite me, she too is obviously also pissed that 1. its taken this long and 2. the piece wasn't switched for one that fit and sent back or refunded.

[UdubBadger]

Originally Posted by Boosted335

Wow uber your story seriously sucks nutz....bunch of bs

your shady...

learn english before trying to say "you're shady" again

[AV9]

[StrifeM3]

I just find this kinda funny, how he resold the product that was supposedly damaged or didnt fit...

Can this thread end already

[UdubBadger]

now why is that funny? the buyer knew about it and i was told i was getting a replacement. i trusted what drew and long told me.... obviously that was my mistake

[AoshichanX]

Consider Plaintiff-UdubBadger and Defendant-Longtran. Used what little facts are given regarding the issues. Facts in disagreement are prefaced with "allegedly".

Torts
Plaintiff Claims
Product Liability. Manufacturers and sellers of defective products that injure person or property. No injury to person or property. No case.
Vicarious Liability. Defendant may jointly be liable for the actions of another. Under the theory of Respondeat Superior, employers are held liable for actions of employees within the scope of their employment. Drew is not an employee, but more of an independent contractor; he was independently contracted by Long for a one-time sale of goods to UdubBadger. However, those who hire independent contractors may also be held liable if they closely supervise the contractor's day-to-day activities. Prima facie case.
General Negligence. Defendant owed a duty of due care as a reasonably prudent person. Here, Defendant, through an independent contractor, sold trim to Plaintiff which turned out to be poor fitment. Could Defendant have reasonably foreseen that the fitment fit poorly? The trim has been known to fit perfectly on other vehicles. It can be argued Defendant could not have reasonably foreseen, as a reasonably prudent person, that the product was defective. Claim unlikely.

Defendant's Defense
Contributory Negligence. Plaintiff allegedly breached a duty owed to himself. Plaintiff owed a duty of due care to himself in removing the trim cracked the trime.


Contracts - Remedies
Promissory Estoppel
Even if there is no written contract, but an oral promise was made with offer and acceptance, and the Plaintiff substantially relied on the promise to his detriment, the plaintiff can recover costs incurred through reliance on the promise.
Expectancy Interests
Market value less contract price. UdubBadger could not recover damages since UdubBadger purchased trim at a bargain price and any expectancy interests would unjustly enrich UdubBadger.
Restitution Interest
By theory of quantum meruit, Longtran, in giving adequate consideration by putting out of pocket overnight shipping expenses for UdubBadger, allowed for UdubBadger's unjust enrichment. UdubBadger consequently owes costs incurred by Longtran.

I gave you the rules, I am sure you guys can figure out who is at fault.

[UdubBadger]

how would I be "unjustly enriched" if I am just getting the money back that I paid in the 1st place? I already asked to be refunded the price of the 1 piece but they didn't want to be reimbursed by Drew/Long... I also don't see why they would refund me the price of the piece instead of just giving me a new one to pass along to the person who has the trim now.

I paid $500 for the set, if they can't deliver a new piece like I was promised then I think I'm entitled to return the entire set for the price I paid for it.

Also, nobody can prove I cracked the trim. The person who shipped it from the shipping center saw it and it was in perfect cosmetic condition.