Members styphon Posted October 30, 2008 Members Share Posted October 30, 2008 So I sold two guitar necks to two different guys, but because I am a dumbass I sent them each the wrong neck. I thought it would be nice, easy, and quick if I just tell them to send the necks to each others address in a trade... Guy A: I sent him a jackson neck on accident when he wanted an ibanez neck. He even had me give him a refund of 8.50$ to send the guitar to the other guy's address. He claims he has sent it, but lost the receipt from the post office and did not get a tracking number. Guy B: Says he will only send the Ibanez neck to me, and claims he never recieved the Jackson neck. Both claimed **AND** got refunded by paypal. So as of now I am short 350$ and missing two guitar necks. Guy B will send me the Ibanez, **BUT** both claim they don't have the jackson neck. So what the hell do I do now? Both claim the other guy is a liar and I should trust them. All I care about is not losing money or the guitar necks.. Should I try small claims court? Other options? Link to comment Share on other sites More sharing options...
Members Wyatt Posted October 30, 2008 Members Share Posted October 30, 2008 Get the Ibanez neck back. You lose on the Jackson. Sorry. That's it. When you shipped the wrong necks you left yourself open for fraud and there is little you can do about it now. Unless you can outright prove one is lying, you're SOL. Who are you going to sue? Which one lied? You can't just sue because you don't have the cash, you accept Paypal's right to mediate when you use their service. Game over, unless there is some sort of Christmas miracle and the neck magically arrives on the doorstep two months late (it has happened before). Link to comment Share on other sites More sharing options...
Members jamdogg Posted October 30, 2008 Members Share Posted October 30, 2008 Agree. Sorry, small claims will give you a big headache. Take this one on the chin and hope the neck turns up. Link to comment Share on other sites More sharing options...
Members styphon Posted October 31, 2008 Author Members Share Posted October 31, 2008 Crap. Link to comment Share on other sites More sharing options...
Members D Carroll Posted October 31, 2008 Members Share Posted October 31, 2008 Kick some ass. Link to comment Share on other sites More sharing options...
Members GarysBlues Posted October 31, 2008 Members Share Posted October 31, 2008 Certainly sucks. {censored} Happens though. Link to comment Share on other sites More sharing options...
Members BoredGuitarist7 Posted October 31, 2008 Members Share Posted October 31, 2008 So I sold two guitar necks to two different guys, but because I am a dumbass I sent them each the wrong neck. I thought it would be nice, easy, and quick if I just tell them to send the necks to each others address in a trade...Guy A: I sent him a jackson neck on accident when he wanted an ibanez neck. He even had me give him a refund of 8.50$ to send the guitar to the other guy's address. He claims he has sent it, but lost the receipt from the post office and did not get a tracking number. Guy B: Says he will only send the Ibanez neck to me, and claims he never recieved the Jackson neck.Both claimed **AND** got refunded by paypal. So as of now I am short 350$ and missing two guitar necks. Guy B will send me the Ibanez, **BUT** both claim they don't have the jackson neck. So what the hell do I do now? Both claim the other guy is a liar and I should trust them. All I care about is not losing money or the guitar necks..Should I try small claims court? Other options? Go call Paypal and talk to them about it. Link to comment Share on other sites More sharing options...
Members styphon Posted October 31, 2008 Author Members Share Posted October 31, 2008 Go call Paypal and talk to them about it. I have. They won't do anything without tracking #'s. I sent them the reciept I had from the postal office and they said it proves I shipped it, but it does not prove it ever got to the location. Link to comment Share on other sites More sharing options...
Members Zacman0126 Posted October 31, 2008 Members Share Posted October 31, 2008 Get the Ibanez neck back.You lose on the Jackson.Sorry. That's it. When you shipped the wrong necks you left yourself open for fraud and there is little you can do about it now. Unless you can outright prove one is lying, you're SOL. Who are you going to sue? Which one lied? You can't just sue because you don't have the cash, you accept Paypal's right to mediate when you use their service.Game over, unless there is some sort of Christmas miracle and the neck magically arrives on the doorstep two months late (it has happened before). That pretty much cover's it. It sucks but you really honestly just shot yourself in the foot on this one. Lesson learned? take time to sort things out and send the items to the intended destinations? moral of the story? stupid ebay? FSGDFGSDFGSDFG? Link to comment Share on other sites More sharing options...
Members ajympt Posted October 31, 2008 Members Share Posted October 31, 2008 This is unfortunately one of life big object lessons- as soon as you add other people into the mix when it comes to meeting a personal obligation you are pretty much screwed. Recover what you can, take the hit and learn from your mistake. Sorry man, I'm sure you are probably telling the truth but no authority is going to care. Link to comment Share on other sites More sharing options...
Members Minitruth Posted October 31, 2008 Members Share Posted October 31, 2008 This is unfortunately one of life big object lessons- as soon as you add other people into the mix when it comes to meeting a personal obligation you are pretty much screwed. Recover what you can, take the hit and learn from your mistake. Sorry man, I'm sure you are probably telling the truth but no authority is going to care.So Sartre was right when he said "hell is other people"? Link to comment Share on other sites More sharing options...
Members styphon Posted November 1, 2008 Author Members Share Posted November 1, 2008 I think I am going {censored} around with the guy and take him to small claims court. Waste his time and money in a vengeful act =| Link to comment Share on other sites More sharing options...
Members steve_man Posted November 1, 2008 Members Share Posted November 1, 2008 THAT would be the second dumbest thing you could do...the first...well, you already admitted to....:poke: Seriously man, you made a mistake, the guys are chumps, but just cut your losses and move on. Small claims court is a no-go. Link to comment Share on other sites More sharing options...
Members NOS68 Posted November 1, 2008 Members Share Posted November 1, 2008 Second that, face it you {censored}ed up, then compounded it by trusting others to fix your {censored}-up. Right here's the problem in this country, people need to take responsibility for their actions. Last week I sold a guitar on ebay, when I first listed the guit I was selling it with a HSC, when I relisted starting at a buck I knew I wasn't going to get what I had into it so I removed the HSC from the deal. Well I {censored}ed up and forgot to remove one reference to the HSC. When the guy got it he asked where the case was, I looked over the listing saw MY {censored}-up and had his case on the way the next day. Link to comment Share on other sites More sharing options...
Members steve_man Posted November 1, 2008 Members Share Posted November 1, 2008 kudos to you man...there are not many ebay sellers that would be as honest as you have been...sending the guy the case was a classy thing to do man... Link to comment Share on other sites More sharing options...
Members styphon Posted November 1, 2008 Author Members Share Posted November 1, 2008 I am close to losing $1,000. SO no, I am not going to just "cut my losses and run". THis isn't like the readed crap were people post and cry over some retarded 20$ pedal. I am filing small claims on one guy on wednesday. I have like 50 papers, some showing I shipped the item, some saying he got the item, and others saying he "sent it" to the other guy, but "forgot" to get a receipt. I have the exact date and money transfer he "used" to buy the postage. Link to comment Share on other sites More sharing options...
Members crawfish Posted November 1, 2008 Members Share Posted November 1, 2008 I am close to losing $1,000. SO no, I am not going to just "cut my losses and run". THis isn't like the readed crap were people post and cry over some retarded 20$ pedal.I am filing small claims on one guy on wednesday. I have like 50 papers, some showing I shipped the item, some saying he got the item, and others saying he "sent it" to the other guy, but "forgot" to get a receipt. I have the exact date and money transfer he "used" to buy the postage. I don't know this for a fact, but not having a receipt might be a problem. Quick one, I sold a guitar 3 weeks ago on CL. The buyer paid through PP so I created a shipping label for the PO at the PP site. Next day I mailed the box. When I was at the PO they were terribly busy and I stood in line about 20 minutes. When I got to the counter, the girl noticed the label and told me to just put the box on the counter. Thank you, goodbye. The box was going from Phoenix to Sacramento (about an 8 hour drive) well a week later the buyer is after me wondering where the box is. I go to the PO with my "online label record" and what does the girl ask, right, "Where is your receipt"? There was nothing she could do unless I had a receipt. All my label said is that I printed a label. oops I'm a thinking that I'm out $600. Luckily the guitar arrived after 16 days in transit. Someone in LA was probably enjoying it for a couple of days. Hope your's turns out as well. The neck might show up yet. Good Luck Link to comment Share on other sites More sharing options...
Members asatnutz Posted November 1, 2008 Members Share Posted November 1, 2008 To bad! Its kind of like the Rays and all the errors they made in the series with Philli, They lost too. Link to comment Share on other sites More sharing options...
Members Electric Blues Posted November 1, 2008 Members Share Posted November 1, 2008 Well I {censored}ed up and forgot to remove one reference to the HSC. When the guy got it he asked where the case was, I looked over the listing saw MY {censored}-up and had his case on the way the next day.Note to self... Remember o add NOS68 to my "Classy and Stand-up guy" list!Very cool on your part! Link to comment Share on other sites More sharing options...
Members NOS68 Posted November 1, 2008 Members Share Posted November 1, 2008 Note to self... Remember o add NOS68 to my "Classy and Stand-up guy" list! Very cool on your part! Thanks guys, I don't know if it was classy just the right thing to do. To the OP I hope the Judge laughs you outa the courtroom and has you pay all the court fee's. Link to comment Share on other sites More sharing options...
Members styphon Posted November 1, 2008 Author Members Share Posted November 1, 2008 Thanks guys, I don't know if it was classy just the right thing to do. To the OP I hope the Judge laughs you outa the courtroom and has you pay all the court fee's. And why would he do that? You do realize what small claims court is for? In the buyers states, its for loses of up to 3,000$ I have documents proving I sent it TO him, *AND* I have him admitting he has the wrong neck on 10 different occasions. *HE* is the one who has no proof he shipped it. It will cost me 25$ to file for the case and then I wait for a court date. This retarded sense of honor some people have is because they aren't being rippped off. I am giving him until wednesday, then I am filing the papers and "serving him" a case notice. Link to comment Share on other sites More sharing options...
Members crawfish Posted November 1, 2008 Members Share Posted November 1, 2008 And why would he do that? You do realize what small claims court is for? In the buyers states, its for loses of up to 3,000$I have documents proving I sent it TO him, *AND* I have him admitting he has the wrong neck on 10 different occasions. *HE* is the one who has no proof he shipped it. It will cost me 25$ to file for the case and then I wait for a court date. This retarded sense of honor some people have is because they aren't being rippped off. I am giving him until wednesday, then I am filing the papers and "serving him" a case notice. Inform him of your intentions and make sure that you add court costs into the suit and pay the extra fee to have sheriff's deputies serve him. Oh yeah, one other thing, even if you win a judgement, that doesn't mean that you'll recoup your money. Good Luck Link to comment Share on other sites More sharing options...
Members Wyatt Posted November 1, 2008 Members Share Posted November 1, 2008 I am close to losing $1,000. SO no, I am not going to just "cut my losses and run". THis isn't like the readed crap were people post and cry over some retarded 20$ pedal.I am filing small claims on one guy on wednesday. I have like 50 papers, some showing I shipped the item, some saying he got the item, and others saying he "sent it" to the other guy, but "forgot" to get a receipt. I have the exact date and money transfer he "used" to buy the postage. Since when did your $350 become $1000? And who buys $1000 for a (non vintage Fender) neck? Your flushing good money after bad. You shipped the wrong neck and then asked him to ship it to a third party. You can't prove either one is lying. And there is a chance neither is. His lack of receipt proves nothing in court, you have to prove he still has the neck. The burden of proof is on you and you can't meet it. You {censored}ed up. And you tried to cut corners in fixing the situation and it's your fault you are out of the money. There are set ways to proceed when shipping and dealing with Paypal. You ship with a tracking number (and delivery confirmation and insurance) and provide that to Paypal. When you shipped the wrong necks out, the way to cover your ass was to provide a refund on the condition that the items are returned to you, and you can require them to provide tracking numbers for the returned necks via Paypal before refunding the money (that's what Paypal requires for claims of the wrong item being sent). You didn't do that. You went outside of the protection of Paypal and had them ship the necks to each other. This opens up a whole host of possibilities, one can be lying or the other, you could be lying, the item could actually be lost in the mail. And a judge isn't going to award you damages on a single possibility without hard proof. Now if you had a witness that saw the other party with the neck. Then you would have a case. Link to comment Share on other sites More sharing options...
Members bendafender Posted November 1, 2008 Members Share Posted November 1, 2008 The correct way to handle this would have been to have each buyer return the neck to you for exchange or refund, but you didn't do that. You screwed up twice. Good luck getting this fixed, but I doubt it will turn out good for you. Link to comment Share on other sites More sharing options...
Members BoredGuitarist7 Posted November 1, 2008 Members Share Posted November 1, 2008 The correct way to handle this would have been to have each buyer return the neck to you for exchange or refund, but you didn't do that.You screwed up twice. Good luck getting this fixed, but I doubt it will turn out good for you. Neither person has sent anything yet, and is refusing to unless they get the other neck. The OP is stuck in a pickle. Link to comment Share on other sites More sharing options...
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