So ive been screwed out of £1550! :(

[shep_no_platinum]

Right guys, i dont know if any of you remember but a while back i bought 600 pairs of vintage Levis jeans from a guy on eBay.

He described them as all sellable etc. When i got them they were dirty, creased beyond ironing and had major rips etc.

I phoned the guy straight away and explained i wasnt happy and we settled on a full refund providing i pay for them to be returned (approx £150). So i sent them back to him without consulting Paypal or eBay. 70 days have now passed and i still havent received a refund.

When i sent the jeans back to the guy he sent me an email saying he hadnt received all the jeans back and he couldnt give me a refund!

I 100% sent them all back to him and decided to contact Paypal. They told me they couldnt help as i didnt consult them about returning the item etc.

I only did this as the guy seemed trust worthy on the phone and has an actual business online in which you can buy from him on his website aswell as eBay.

I decided i couldnt proove the jeans i got and sent back so asked for a refund minus the allegedly missing jeans. He said £1200 instead of £1400.

So i waited 9 days like he said for the funds to go into his Paypal account so he could issue the refund. 10 - 12 days passed and i had received nothing!

So i phoned again and asked what was going on... He was away on leave and his business partner couldnt deal with it as its not his side of work.

So i called back a week later and asked what was going on...?!?! He told me that Paypal take 5% so he would get a cheque out to me. This is complete and utter rubbish as you have 60 days to issue the refund or part refund through paypal with no costs/charges. So he said the lads in the office would action the cheque and i should receive it in the post that week.

Waited a week and nothing through the post!

So i phoned back again and his mobile was turned off! I phoned the office and his business partner answered. I asked if **** was there and he said no! Hes on leave. I asked if he new anything about the refund and he claimed he new nothing and he doesnt deal with that side of the business. I phoned back Yesterday and knowbody answered. Phoned again this morning and he said he would phone me back in 15 minutes as hes just got back to work after Glastonbury.

40 minutes passed and no phone call. I phoned him and asked him were the refund was and what was going on... he said he hadnt looked at the bank account yet or spoken with his business partner. I said so whats happening....? He said he would call me back later this afternoon.

Thats the full update.... and i just dont know what to do. I know he wont phone me back & i know full well i will be phoning him!

Its just what do i say or do. Its been 70+ days since i bought the vintage jeans and im now £1550 out of pocket.

Who do i see if today he fobbs me off again? Paypal said go to the Police, but what the hell will they do...? They wont charge kids for chucking bricks at cars so they wont help me get £1550 back.

All i want is the £1200 and i will be happy, but i know he wont give it because hes a stinking rat!

Do i seek legal advice, trading standards?

 

[shep_no_platinum]

It was a buy it now on eBay. He has a shop on eBay and an official website with an address to his warehouse etc.

I have to speak to him today, he will phone me back like he said he would do or i will end up phoning him just to see if he is going to action it or what.

I am accepting less because i have no proof about the jeans etc. He said he weighed them before sending and weighed them when he go them back and they weighed less. However he arranged the first courier to pick up a pallet of jeans and i arranged for 3 bags full of jeans each weighing 28kgs to be sent back to him.

This is the email i got in response at the time:

" we have recived these back in, in two lots, one sent back a week ago (213 pairs short)& one two days ago (still 115 pairs missing!)

here is a full break down of what was sent out & recieved back in:

SENT OUT
1 bail 345kg - 495 pairs
3 bags 28kg each - 120 pairs (40 in each bag)

615 pair in total

RECIEVED BACK (all open out of original packing)
1 pallet 345kg - 402 (one week ago)
1 bag 22kg - 31 pairs (sent back one week later)
1 bag 31kg - 30 pairs (sent back one week later)
1 bag 37kg - 37 pairs (sent back one week later)

Still 115 pairs short!!

These bags that was sent back one week later, was sent back because we stated that we had not recieved the full quantity back - ***(complete lie by the way! I phoned him to say my business partner forgot to bundle them on with the courier and i would send them next day)***

We are very sorry but no refund can be made untill all the jeans are sent back. We are still awaiting 115 pairs back in or at least the 100 still missing off the order (we always send 15 extra due to wastage on vintage levis).

We have also contacted ebay regarding this, & they have advised not to refund any customers untill all items are back, this is in complyance with there rules.

many thanks "

He clearly cant do maths and is blatently trying to have me over.... but why? What have i ever done?

My business partner wants to go down to the warehouse and pour paint thinner all over his car.... but what good will that do really!

Hes already told me he has resold the jeans :S

 

[shep_no_platinum]

What a nightmare,

I couldn't help you in your first post and definately can't now, its a hard situation. I wish you the best of luck resolving it.

Where is he/the company located?

Hull

 

[shep_no_platinum]

How did you fund the Paypal payment? If it was a credit card you can still bypass Paypal and do a chargeback with your credit card company.

paid via e Cheque. 14 days clearance.

 

[shep_no_platinum]

Do you have that in writing?

He doesnt reply to my emails anymore, he just answers the phone and pretty much has an excuse every time.

I have pictures of the jeans in a huge pile in my lockup and on the pallet. I also have a picture of me and my business partner sampling a pair of the jeans which have had the legs completely cut off!

I kept two pairs behind that have no bum area (ripped apart like a lion has attacked the person wearing them).

 

[shep_no_platinum]

does the iphone have a feature in which you can record the call?

 

[shep_no_platinum]

Sounds like he'd just trying to con you I'm afraid. I mean he's using ebay rules to his advantage ie quoting ebay "We have also contacted ebay regarding this, & they have advised not to refund any customers until all items are back, this is in compliance with there rules.". Main problem you have is that if you can’t prove you sent all the item back then you wont get any money back. Also he’s sold the items you have sent back. He sounds like a right cheeky ****.

He is. Ideally if i had all the phone calls monitored and recorded i could have had the refund way before now!

 

[shep_no_platinum]

Why not travel down and confront him about the refund
Where abouts in hull is the warehouse suppose to be located at ?

Hull is my home town and know it very very well
x taxi driver

Jesmond House, Jesmond Gardens, Holderness Road - you know of it?

 

[shep_no_platinum]

basically it was 70 days ago so the money is long gone.

 

[shep_no_platinum]

I need to take action today on the phone. Im obviously first going to ask when i will receive the refund. I will then double check this with him and can set up the call to be recorded

....but i need to know what to ask like.... " youve already told me you have sold these on so i dont understand why this refund is taking so long "

and hope he responds with " yes, we had no problem sending these on "

Dont think... ahhh he wont be fooled by that... as cunning as he is with this ... he has no common sense as i ive realised over the phone.

I mean if he justs says yes ill send it out today (ive heard this before so need to come back with a snappy response, that will make him think twice before messing about and will send the refund). I can honestly see him turning around and saying weve already sent you a refund or saying its been over 60days so you can go run mate!

Obviously you dont need to look at your bank account with your business partner to issue an ex customer a refund for £1200 that you clearly owe them.... and if you have resold the jeans you will have £1500 back!

 

[shep_no_platinum]

http://thevintagewholesalecompany.com/page2.html

 

[shep_no_platinum]

thats them. I sent the jeans back there... so they may have an office there and a warehouse situated elsewhere.

 

[shep_no_platinum]

SENT OUT
1 bail 345kg - 495 pairs
3 bags 28kg each - 120 pairs (40 in each bag)

615 pair in total

RECIEVED BACK (all open out of original packing)
1 pallet 345kg - 402 (one week ago)
1 bag 22kg - 31 pairs (sent back one week later)
1 bag 31kg - 30 pairs (sent back one week later)
1 bag 37kg - 37 pairs (sent back one week later)

Still 115 pairs short!!

As you said, he really should have sorted his sums before telling you what he received back. According to him he received 6kg more back than he sent. His weights come in at 0.7kg per pair but your returned ones are heavier at .87kg. Funny that.

I'd be round to see him eye to eye. It's been long enough now he's had his chance.

I know, his maths is terrible and so is his grammar and punctuation.

 

[shep_no_platinum]

Well he told me he had resold them and there was nothing wrong with the jeans i had sent back. Which i argued the toss and said how bad they were. I then noticed on his eBay feedback he has sold 600 pairs of jeans for £1500 and received positive feedback on 2nd June. So what he told me was true.

 

[shep_no_platinum]

Cant i make up stuff that is legit but not true.

Like:

" I have spoken with small claims, trading standards, my solicitor and the Police and they said i am well within my rights for a full refund etc. " - just to scare him.

if he doesnt seemed phased by it then actually contact them? When he said about the jeans not fully coming back etc. i said its complete 'BS' and said i would be seeking legal advice and he said "well you have all my details so i look forward to hearing from you"

 

[shep_no_platinum]

stop messing about

And get him told money or court


This should have been done ages ago

So i should just phone him now? Even though he said he would be in touch (for the however many'eth time)

 

[shep_no_platinum]

Should i phone him now or give him a chance and phone at say 3:30ish?

 

[shep_no_platinum]

now, then return once you have battered him down *verbally* into giving you a full refund. Remember, you will only accept a FULL refund now, otherwise it's off to court

but what if he says no? what can i prove in court except that email with the breakdown of weight? and my word against his? Except i have receipt for courier return of jeans and no money back?

Should i not just phone him, try and get the £1200 and then if he tries fobbing me off go for the full refund?

 

[shep_no_platinum]

Give him hell on the phone, if that fails to result in full refund get Solicitor involved...

so just demand the £1200 back this week and say if i havent received by Thursday (my only day off) i will be seeking legal advice through my solicitor, and explain to him how ive spoke with Office of Fair Trading and Small claims whom have informed me i am entitled to the full refund.

 

[shep_no_platinum]

Right, just phoned.

me: Hi Phil, its Luke...
Phil: Alright Luke, how ya doing mate. Were going to issue the refund tomorrow for you
Me: £1200? and how will i receive paypal or cheque?
Phil: Cheque
Me: 1st Class Delivery?
Phil: yes
Me: So i should receive Thursday then?
Phil: what day are we on today? Tuesday?
Me: Yes, so i should get Thursday via cheque?
Phil: Thursday, yeh!
Me: and this is definate now? because i have been waiting patiently along time for this mate, i havent gone to the OFT etc because i thought we had an understanding on a personal level.
Phil: yes mate, 100% definate you will get it Thursday. You have to understand me and my business partner both need to counter sign cheques and i have been away so he cant do anything without me.
Me: Ok then, i look forward to receiving the cheque, cheers, cya.
Phil: cya mate


soooo... thats where it stands. It could be one of his lies again or he could be telling the truth. He has never 100% guaranteed me anything! So for him to say this sounds quite possible.