ripped off,legal action?

Holeshot36 · February 28, 2006, 10:08:24 PM

Ok, I purchased a stoker motor kit for my yfz through a dealer for $1900 that I never received. I never received the kit and then he agreed to refund my money but I never received the money either. I'm wanting to take legal action but not sure how to go about it, like who to contact and what steps I need to take. The dealer is a one man show and has his own forum on a website so I have a printout of him agreeing to refund my money and I also have a receipt of the money I sent him. The biggest thing is he's in west virginia and I'm in florida. I would like to hear any input.

Honda328i · February 28, 2006, 10:46:44 PM

If you used a credit card, you can call your bank and have them put a hold on the payment and then dispute the charge. The card company will then go after his account. If you paid by money order or check, it might me much harder. Small claims court perhaps. Good luck!

Holeshot36 · February 28, 2006, 10:54:16 PM

Quote from: Honda328i on February 28, 2006, 10:46:44 PM
If you used a credit card, you can call your bank and have them put a hold on the payment and then dispute the charge. The card company will then go after his account. If you paid by money order or check, it might me much harder. Small claims court perhaps. Good luck!

I paid echeck through paypal but its been months so don't think I can do much their. I'm hoping I don't have to travel up to WV to settle this but not sure.

gery350 · February 28, 2006, 11:07:00 PM

man that sucks. hope it works out.
your prob. stuck with small claims court.

you should adopt my policy,

always always CYA-cover your @ss.

smokechaser068 · February 28, 2006, 11:24:58 PM

Hello. Since you paid through paypal they have a buyer protection program. Log on to Paypal and go to your history tab. Once that is pulled up click on the details link for the transaction you made with this person. After you have clicked on the details link it will bring up the information for the transaction and at the bottom of the page you will see an area that says something about problem with the transaction or it might say resolution center. Click on the link for that and you will see where you can open a dispute. State the reason for the dispute and be sure to keep any information, proof of conversations, emails, etc... so if Paypal needs it you can submit it to them. It can take about a month to get something resolved because Paypal has to communicate with both parties and gather information and then Paypal will make a decision and you could possibly get your money back, partial money back, or non at all it just depends on how things are handled and proof of the transaction. I have filed with Paypal 3 times and each time I recieved my money back. Best Wishes and be sure to file right away and answer promptly when Paypal asks for something and also be sure to check everyday on Paypals website to view the progress. You can also contact Paypal at 1-888-221-1161 or 1-402-935-2050

Paul_S · March 01, 2006, 12:05:42 AM

Quote from: smokechaser068 on February 28, 2006, 11:24:58 PM
Hello. Since you paid through paypal they have a buyer protection program. Log on to Paypal and go to your history tab. Once that is pulled up click on the details link for the transaction you made with this person. After you have clicked on the details link it will bring up the information for the transaction and at the bottom of the page you will see an area that says something about problem with the transaction or it might say resolution center. Click on the link for that and you will see where you can open a dispute. State the reason for the dispute and be sure to keep any information, proof of conversations, emails, etc... so if Paypal needs it you can submit it to them. It can take about a month to get something resolved because Paypal has to communicate with both parties and gather information and then Paypal will make a decision and you could possibly get your money back, partial money back, or non at all it just depends on how things are handled and proof of the transaction. I have filed with Paypal 3 times and each time I recieved my money back. Best Wishes and be sure to file right away and answer promptly when Paypal asks for something and also be sure to check everyday on Paypals website to view the progress. You can also contact Paypal at 1-888-221-1161 or 1-402-935-2050

I was just going to suggest the same thing.

Paypal will require proof from the seller that he sent it (tracking number), so it should be fairly cut and dry for you. The only problem would arise is if he does not have the money in his Paypal account.

I deal with Paypal a lot, if you need any additional info - pm me.

Flea_Jumper · March 01, 2006, 06:17:42 AM

Have not heard from you in ages. What up?

The easiest thing to do is to find his address, get a process server to serve him a law suit so he has to come to Floirda. If he fails to come or respond, you win and get the judment. At that point you can file a lien on whatever he owns. Usually people think since your far away you wont do anything, surprize him.

Total cost for above is under $300.

If you get an attorney involved you will spend all your money fighting this looser and not recover your losses.

If you need help call me. Good luck.