Tell me if I am wrong

Discussion in 'Stolen Radios, Scams and Rip-Offs' started by KG0MN, May 31, 2019.

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  1. KG0MN

    KG0MN Ham Member QRZ Page

    I purchased an SB220 amp for $800.00 and change for shipping and insurance. When the amp arrived I immediately saw that the amp happen been dropped on one corner due to the fact that the switch was pushed in about 5/16" and one on the meters was broken. The seller took it upon himself to file the claim which in hindsight I should not have let him due. I sent this message on March 28t Prior to get the refund from FedEx he ask me

    1. You can keep the rig and accept this settlement, which I can either send to you in the form of a Cashier's Check or I can send it to you via your Paypal account (you would be responsible for the 3.5% service fee), or,

    2. You can return the rig to me and I will pay you not only the Fedex settlement but the difference between the settlement and what you paid for the rig($37.25), essentially making you whole. If you return the rig to me, it would be at your cost. Also, please remember I expect to have the three pole single throw switch

    I told him on on:

    April 22,2019


    Make it number 1 and just send it to my PayPal account.

    So as it stands he has the money I paid him for the amp plus the FedEx insurance money and I told him I would send the amp back when he sent me a call tag for the amp since I paid for the original shipping and insurance . He says I have to ship it and pay the insurance on it. The amp will not even power up.

    So do I pay for the shipping or have an attorney file a Thief by Swindle case against this person.




     
  2. W7TRD

    W7TRD Premium Subscriber QRZ Page

    eBay purchase? From a Ham or CB'er?
     
  3. KG0MN

    KG0MN Ham Member QRZ Page

    Purchased from a Ham via PayPal. They will not do a thing about it.
     
  4. W7TRD

    W7TRD Premium Subscriber QRZ Page

    I would just get what you can from the seller and move on. The frustration you'll endure trying to recoup every penny is just not worth the time and effort. Count is as lesson learned. Been there, done that...
    I believe there are a couple folks that specialize in the SB-220 line. Might want to check them out.
    JMO...
     
  5. KP4SX

    KP4SX XML Subscriber QRZ Page

    How much is the settlement in Door Number 1? Personally I'd keep it and take the refund check if its reasonable.
     
  6. KG0MN

    KG0MN Ham Member QRZ Page

    I agree I told him I would keep the amp and take the FedEx check and he said no money until he gets the amp back. I have no reason to believe he will send me any money once the amp is returned. Especially since he has my Money and the FedEx money already. So perhaps suing him for Thief by Swindle might be best. At least I could get him to a court in Minnesota.
     
  7. K7JEM

    K7JEM Ham Member QRZ Page

    I'm not really sure of the details, but here are my thoughts. He has already been paid by you for the amp, so he is "whole" as far as the deal goes. You received a damaged amp, through no fault of his. But since you are keeping the amp, you are entitled to the insurance money, not him. Return of the insurance money to you will make both of you "whole", at least in the sense that you are now being paid for the damage. He has no right to insurance money to repair a damaged product that he doesn't own any more. The insurance was in place to protect the transaction from damage in transit. He owes you the money, or whatever portion of the money you both agree to.

    Regarding "theft by swindle", that is a criminal matter and probably wouldn't be pursued by the local authorities on your behalf. You could probably sue him and make him pay for the damages, but that might cost more in legal fees than it would be worth. You could go to small claims court, but if he doesn't show up, even if you get a judgement, this would be hard to collect.
     
    N3AB and WB5THT like this.
  8. KA2FIR

    KA2FIR Ham Member QRZ Page

    What is his ebay name? How is his feedback?
     
  9. KP4SX

    KP4SX XML Subscriber QRZ Page

    But you said he offered...
    1. You can keep the rig and accept this settlement, which I can either send to you in the form of a Cashier's Check or I can send it to you via your Paypal account (you would be responsible for the 3.5% service fee), or,

    I think I see the problem here....
     
  10. KT1F

    KT1F Ham Member QRZ Page

    That's probably a sensible response but ...
    What is the lesson?
     
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