LocostUSA.com

Learning how to build Lotus Seven replicas...together!
It is currently November 19, 2017, 6:19 am

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 29 posts ]  Go to page Previous  1, 2
Author Message
PostPosted: November 14, 2017, 4:42 pm 
Offline
User avatar

Joined: July 17, 2008, 9:11 am
Posts: 4360
Location: West Chicago,IL
Tommy, I've never used Proxibid before but I doubt that you will get satisfaction from them that way.

I did check and there is no definition in the Proxibid's user agreement for "Significantly Not As Described".

Did you use PayPal as the form of payment? You might have a resolution from them.

From PayPal's description of SNAD:

.....The item is unusable but was not mentioned as such in the item description, e.g. important parts or components are missing, the item does not work, is broken, or the best before date has expired;

And Proxibid already stated that " The lot's description did not specify whether or not this was a working transmission, if parts were missing, etc. " Clearly fit the PayPal definition of SNAD.

I'd definitely send them an cost estimate of used parts (since the item was used) required to make the transmission whole. That alone should qualify in my mind as SNAD.

_________________
Chuck.

“Any suspension will work if you don’t let it.” - Colin Chapman

My RX7 powered Locost is now for sale http://www.locostusa.com/forums/viewtopic.php?f=40&t=18460

or visit my Cushman Truckster resurrection log: over HERE


Top
 Profile  
Reply with quote  
PostPosted: November 14, 2017, 5:38 pm 
Offline
User avatar

Joined: October 19, 2012, 9:25 pm
Posts: 2632
Location: Summerville, SC
ProxiBid didn't respond to my engine scenario. I hung them out to dry earlier today with the following from their terms.

Attachment:
Proxibid 4.4.png
Proxibid 4.4.png [ 29.11 KiB | Viewed 191 times ]


I also emailed Liquid Asset Partners that same snippet from the terms. LAP tried getting around the omissions with the as is where is.

This morning I called one of the partners at LAP and informed him I had been in contact with ProxiBid, my credit card fraud department and my attorney. Further informed him that he should expect contact from all three today as I had filed formal complaints with ProxiBid, The Georgia Secretary of State, and Citibank Fraud department...
Proxibid contacted LAP and suggested that we reach an equitable agreement after getting a call from the Ga Sos office.
Credit Card Fraud department contacted LAP and suggested they offer to remedy the situation or they would reverse the charges and credit my account.
My lawyer called and strongly suggested they offer to remedy the situation. Georgia is one of the states that loves to assign punitive damages in fraud suits. It turns out my lawyer is also a car nut as has friends who worked at Skip Barber. The mechanics were instructed to throw pieces together to make things look as complete as possible prior to the auction catalog photography session. He has a mechanic willing to testify.

Tomorrow should be an interesting day.

_________________
Too much week, not enough weekend.

OOPS I did it again
http://www.locostusa.com/forums/viewtopic.php?f=35&t=17496

Blood Sweat and Beers
http://www.locostusa.com/forums/viewtopic.php?f=35&t=15216


Top
 Profile  
Reply with quote  
PostPosted: November 14, 2017, 5:52 pm 
Offline

Joined: August 11, 2013, 6:03 am
Posts: 329
Location: CNY
:cheers:

Image

_________________
Walt
04 RX-8 Touring RIP
90 Ram 50 4x4 V6
91 3000GT VR4
Some people never have anything except ideas. Go do it.
Emissions & fuel economy haven't exactly been areas of strength for past rotary power plants, but absolutely no one with a soul has ever cared.


Top
 Profile  
Reply with quote  
PostPosted: November 14, 2017, 9:56 pm 
Offline
User avatar

Joined: August 27, 2005, 1:04 am
Posts: 1275
Location: Kamloops, BC, Canada
Hopefully things work out for you, way too many scumbags around looking to take advantage of people to just let stuff like that slide.
Kristian

_________________
V6 in a book frame build. Now registered.
viewtopic.php?f=35&t=7587


Top
 Profile  
Reply with quote  
PostPosted: November 15, 2017, 9:17 am 
Offline
User avatar

Joined: July 17, 2008, 9:11 am
Posts: 4360
Location: West Chicago,IL
Tommy, My oh My! You did come out with guns-a-blazin', didn't you?

I can't wait to see the next episode of "As to L.A.P. Turns" :cheers:

_________________
Chuck.

“Any suspension will work if you don’t let it.” - Colin Chapman

My RX7 powered Locost is now for sale http://www.locostusa.com/forums/viewtopic.php?f=40&t=18460

or visit my Cushman Truckster resurrection log: over HERE


Top
 Profile  
Reply with quote  
PostPosted: November 15, 2017, 9:45 am 
Offline
User avatar

Joined: October 19, 2012, 9:25 pm
Posts: 2632
Location: Summerville, SC
rx7locost wrote:
Tommy, My oh My! You did come out with guns-a-blazin', didn't you?

I can't wait to see the next episode of "As to L.A.P. Turns" :cheers:


I've worked in purchasing for most of my life. Most important lesson in purchasing is that words matter. I learned that lesson the hard way and taught it the hard way on more than one occasion.

_________________
Too much week, not enough weekend.

OOPS I did it again
http://www.locostusa.com/forums/viewtopic.php?f=35&t=17496

Blood Sweat and Beers
http://www.locostusa.com/forums/viewtopic.php?f=35&t=15216


Top
 Profile  
Reply with quote  
PostPosted: November 15, 2017, 4:56 pm 
Offline
User avatar

Joined: October 19, 2012, 9:25 pm
Posts: 2632
Location: Summerville, SC
After a couple of phone calls we settled on a 90% refund, I keep the transmission, and got an apology.

Anyone want an empty Hewland case?

_________________
Too much week, not enough weekend.

OOPS I did it again
http://www.locostusa.com/forums/viewtopic.php?f=35&t=17496

Blood Sweat and Beers
http://www.locostusa.com/forums/viewtopic.php?f=35&t=15216


Top
 Profile  
Reply with quote  
PostPosted: November 15, 2017, 5:46 pm 
Offline

Joined: August 11, 2013, 6:03 am
Posts: 329
Location: CNY
Maybe turn it into a table for the garage :mrgreen: ?

_________________
Walt
04 RX-8 Touring RIP
90 Ram 50 4x4 V6
91 3000GT VR4
Some people never have anything except ideas. Go do it.
Emissions & fuel economy haven't exactly been areas of strength for past rotary power plants, but absolutely no one with a soul has ever cared.


Top
 Profile  
Reply with quote  
PostPosted: November 16, 2017, 12:35 am 
Offline
User avatar

Joined: July 17, 2008, 9:11 am
Posts: 4360
Location: West Chicago,IL
Glad you were made somewhat whole. Now you can leave that behind and move on to more car building :D

_________________
Chuck.

“Any suspension will work if you don’t let it.” - Colin Chapman

My RX7 powered Locost is now for sale http://www.locostusa.com/forums/viewtopic.php?f=40&t=18460

or visit my Cushman Truckster resurrection log: over HERE


Top
 Profile  
Reply with quote  
PostPosted: November 16, 2017, 9:04 am 
Offline
User avatar

Joined: October 19, 2012, 9:25 pm
Posts: 2632
Location: Summerville, SC
During the discussion we went back and forth a bit. Their first offer was 70% and I laughed, told him to sharpen his pencil and call me back with a real offer.
When we spoke the second time it got a little heated, but bot for very long. He tried telling me that had no real responsibility because of he as is, where is statement; they were just being nice. I LOL'd again, reminded him that this is business and we don't make financial decisions based on nice. Then I dropped the hammer...
"Lets get to the point. I have 3 very real options, you get one chance to make it easy.
First option - you make me a real offer and we settle.
Second option - We don't settle, I call my credit card company again and they debit your accout, we go to mediation if you want to get any money from me.
Third option - It cost me $45 to sue you in Gwinnet County, GA. I'll seek full recovery plus damages AND I'll win. You'll be out the full cost, damages, plus travel expense and possible legal fees."

He asked if there was anything of value to me that was part of the lot. I told him there was. I thought the brakes, calipers, and brackets, plus the bellhousing were worth something since I had one of the wrecked cars with the Dodge 2.o.

30 minutes later a third phone call and we settled.

Purchasing lessons.
1. Words matter always
2. Different states have different laws for consumer protection
3. You don't get what you don't ask for
4. Negotiate looking for a position where both sides can feel good about the outcome

_________________
Too much week, not enough weekend.

OOPS I did it again
http://www.locostusa.com/forums/viewtopic.php?f=35&t=17496

Blood Sweat and Beers
http://www.locostusa.com/forums/viewtopic.php?f=35&t=15216


Top
 Profile  
Reply with quote  
PostPosted: November 16, 2017, 6:54 pm 
Offline
User avatar

Joined: March 30, 2011, 7:18 am
Posts: 1161
Location: central Arkansas
TooBusy wrote:
3. You don't get what you don't ask for


I believe it was you who once said, "Never take a 'no' from someone not authorized to say 'yes.'"


Top
 Profile  
Reply with quote  
PostPosted: November 16, 2017, 7:13 pm 
Offline
User avatar

Joined: October 19, 2012, 9:25 pm
Posts: 2632
Location: Summerville, SC
TRX wrote:
TooBusy wrote:
3. You don't get what you don't ask for


I believe it was you who once said, "Never take a 'no' from someone not authorized to say 'yes.'"


I did say that. Another really important negotiating lesson. Thankfully I was talking with a decision maker, if not escalation and resolution would have taken longer.

_________________
Too much week, not enough weekend.

OOPS I did it again
http://www.locostusa.com/forums/viewtopic.php?f=35&t=17496

Blood Sweat and Beers
http://www.locostusa.com/forums/viewtopic.php?f=35&t=15216


Top
 Profile  
Reply with quote  
PostPosted: November 17, 2017, 1:10 am 
Offline
User avatar

Joined: December 24, 2007, 5:11 am
Posts: 662
Location: Seattle area
Went to work for a credit card processing company kind of late in life. Was not aware of the 'charge back and retrieval' process previously before I was assigned to that department. Learned a lot. Most often the cardholder is favored over the merchant. Never be hesitant to use it. Just call your issuer. Their number is on the back of the card.

Good going Tommy. All too often we get run over by sellers in less we stand up and go after them.

Cheers,

_________________
Larry in Seattle


Top
 Profile  
Reply with quote  
PostPosted: November 17, 2017, 10:52 am 
Offline
User avatar

Joined: July 17, 2008, 9:11 am
Posts: 4360
Location: West Chicago,IL
benny_toe wrote:
Went to work for a credit card processing company kind of late in life. Was not aware of the 'charge back and retrieval' process previously before I was assigned to that department. Learned a lot. Most often the cardholder is favored over the merchant. Never be hesitant to use it. Just call your issuer. Their number is on the back of the card.

Good going Tommy. All too often we get run over by sellers in less we stand up and go after them.

Cheers,

My son just went thru that process with a several thousand dollar trailer purchase. Without going into detail, the dealer couldn't process the title in my son's name. They had about 3 months without any progress. During that time, several different excuses had been made. I told him that his time was quickly running out to contest the charges with his CC issuer. He called the CC number and contested the charge. No questions asked. A few days later, after many phone calls to the dealer and a trip to his DMV to inspect the trailer, the dealer finally made good and my son had possession of the title and plates. He then called the CC company to stop the dispute. They said the case had already been finalized in his favor and they had already taken the money back from the dealer. My son, rather than have the whole charge process start from anew, asked if they could reverse the dispute. They could, and released the funds back to the dealer again. All done by a few phone calls and no affidavits to sign, nothing.

I'd can say that they do favor the CC holder over the retailer.

_________________
Chuck.

“Any suspension will work if you don’t let it.” - Colin Chapman

My RX7 powered Locost is now for sale http://www.locostusa.com/forums/viewtopic.php?f=40&t=18460

or visit my Cushman Truckster resurrection log: over HERE


Top
 Profile  
Reply with quote  
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 29 posts ]  Go to page Previous  1, 2

All times are UTC - 5 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 5 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
POWERED_BY