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Buyer threatening to sue.. input needed please

Sold a watch 40 days ago. 7 days after delivery The buyer said that the watch wasn’t working I expressed my concern and I was surprised because it was working fine when I packed it everything was very cordial I agreed to pay a portion of the cost of repairing.. but didn’t specify or agree to how much. buyer said they were going to get an estimate I asked for a copy of the estimate received it two weeks later it was $280 and the work had already been done. One reason I asked for the estimate was because I have a family jeweler and I wanted Her to take a look at what they were going to do and what it was going to cost my family jeweler was not going to charge me at all I explained this to the buyer and explained that I was shocked that it would be repaired without my consent with such a hefty price tag ..and said I wasn’t comfortable paying 180( that’s how much was demanded) when I never agreed to that amount nor was given an alternate option..now the buyer who is an attorney is threatening to sue me for the cost of the watch the cost of the repair and all of the legal fees this buyer lives in another state and is claiming I will have to come to their state for court. eBay says they have no case. PayPal says the same. Thoughts?

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Re: Buyer threatening to sue.. input needed please

Seriously just stop playing this game. The buyer is a complete liar. The watch is not broken, there were no repairs and they ain't doing a thing about this imaginary price they are pretending to have paid to "fix it"

Just block this person. You don't have any obligation to do a thing for her. She already claims to have altered the watch, so her buyer protection is history now. Ignore her and stop engaging, she is just trying to scam for a refund because eBay won't do a thing to stop her.
Message 106 of 182
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Re: Buyer threatening to sue.. input needed please


@mam98031 wrote:

@sin-n-dex wrote:

@abbylilyd wrote:

Here’s the convo leading up to the estimate B is buyer. S is me

B:Hi I love the watch but I can’t get it to work? I wound it clockwise with the crown in the 0 position - is there a trick to it? Thanks!

S:Oh no! Is there movement on the battery when wound? Underneath..

B:No unfortunately

S:I haven’t heard from you ... (hoping that’s a good sign 😀) have you replaced the battery!

B:Hi I took it to my jeweler it’s running but the arms are broken so they don’t move. I’m waiting on their estimate to fix it.

S:I don’t get it... it was working fine... then I stored it prior to listing. The only thing I can think of is one of my kids was playing in my office. So disappointing! Please let me know as soon as you find out what it will cost. I am SO sorry

B:It’s going to be 260 to fix 😞 I want to keep it but it’s going to be an insanely expensive watch by the end of this. Is there any way you can refund any of what I paid??

S:260? Wow....wow...i am shocked. I want to work with you...what are you thinking?

Could you refund 160?Then I’d only be paying $600 for it instead of $760.

S:Hey there I just saw this message I'm sorry I missed it yesterday! Is there any way you can provide me with a copy of the estimate and or outline of work that needs to be done? This in no way means that i do not believe what your telling me is true..not at all. I also have a watch guy here and he is curious about the work..not the price, he doesn't think the figure is out of bounds, if its a mechanical..i thought it was battery ( shows how much i know) but also just for piece of mind, i would like to see estimate if it isn't to much trouble for you?

B:No problem I gave it to my jeweler (Kruger’s diamond jewelers in Austin) and their watch guy is repairing it. I just emailed them to have them send me a copy of the estimate.

 

I received handwritten estimate many days later . To which I responded... I was uncomfortable with the amount she requested because I could have had it repaired myself for much less. Then it got.. testy


What you would be doing is giving a $160 (32%) discount because the watch doesn't work. It doesn't read to me like you're 100 % sure it was still working when you shipped it and I'm not inclined to believe she is lying when she says it doesn't work based on this post. 

 

If you aren't 100% sure it was working which seems to be the case based on what you said to her, wouldn't a 32% discount be a good way to rid yourself of this problem?

 

This could have been avoided if you replied first "I'm really sorry about this I'll send you a label to return it for a full refund."

 

C.


Why would the OP need to give the buyer a discount / refund / rebate of any kind?  The OP offered to take the return for a full refund, the buyer refuses. 

 

The buyer isn't going to file a Request for Return, not just because they are well past the 30 days allowed in Ebay, but because the buyer doesn't want to return the item.

 

The buyer isn't likely to file a case in PP for the same reason.  They don't want to return the item.  

 

Even if the buyer was able to file a case in either Ebay or PP, neither would force the seller to give a partial refund.  

 

So why would the seller return some money to the buyer?


I'm traveling and missed a lot of details in this thread like the mbg time limit expiring.

 

I responded under the impression the buyer had it for a few days when this started. But from whaw I read after I posted about the type of watch it is  it is sounding like the buyer is full of it.

 

C.

Message 107 of 182
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Re: Buyer threatening to sue.. input needed please

Hello.  I have had an item or two not get shipped (over 30 days late).  

I have contacted ebay to make things right. 

If memory serves they did. 

 

I've been doing this a while. There have been a lot of transactions. Forgive me if I don't remember things precisely. 

I used to buy things from China on ebay. Immediately after winning and making payment, I would receive a note telling me that international shipping may delay delivery. (past 30 days) That was my first clue. 

 

I recall later searching and perusing items I had won and found one way back that didn't show up. The chinese item. I think it was a baby stroller?  Anyway, I started the process and eventually I got a refund from ebay. I got my money and the seller was "no longer a registered user". Voluntary?  I don't know. 

 

So it has been done. I know because i've done it. 

 Sounds like they don't do it anymore?  Ok. 

 

I've been reading some posts about changes that sellers complain they weren't told about. 

So, it's plausible.  

 

45 days is a long time. Seller said they will not return. 

Seller has a right to stick to seller's point of view. 

I like to keep things simple and try to align myself with ebay so they protect me. 

 

If the plan veers off course, go back to where you started and try again. 

Before things got messy. 

And call ebay for advice. 

 

 

 

Message 108 of 182
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Re: Buyer threatening to sue.. input needed please

Has anyone considered filing a damage claim with the shipper?

I used to work for a shipper and folks had to do this occasionally. 

Message 109 of 182
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Re: Buyer threatening to sue.. input needed please

The buyer spent a lot of money to “repair” the watch that was allegedly not working when they got it, they did this before consulting with the seller on how to go about the repair work which the seller was initially more than happy to do for the buyer. The buyer went to some shop and sent this estimate to the seller but the buyer had already paid for the repair ,so they say, and wanted the seller to pay a portion of this amount which the seller said was way too high. Seller should have just told buyer from the start—return for refund, but they were trying to be nice becuase the buyer did not want to return the item. They felt the item was rare and they liked it and wanted to keep it. After seller said the cost was too high for the repair, the “lawyer” threatened the seller with a lawsuit.

Message 110 of 182
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Re: Buyer threatening to sue.. input needed please


@ubcensored wrote:

Hello.  I have had an item or two not get shipped (over 30 days late).  

I have contacted ebay to make things right. 

If memory serves they did. 

 

I've been doing this a while. There have been a lot of transactions. Forgive me if I don't remember things precisely. 

I used to buy things from China on ebay. Immediately after winning and making payment, I would receive a note telling me that international shipping may delay delivery. (past 30 days) That was my first clue. 

 

I recall later searching and perusing items I had won and found one way back that didn't show up. The chinese item. I think it was a baby stroller?  Anyway, I started the process and eventually I got a refund from ebay. I got my money and the seller was "no longer a registered user". Voluntary?  I don't know. 

 

So it has been done. I know because i've done it. 

 Sounds like they don't do it anymore?  Ok. 

 

I've been reading some posts about changes that sellers complain they weren't told about. 

So, it's plausible.  

 

45 days is a long time. Seller said they will not return. 

Seller has a right to stick to seller's point of view. 

I like to keep things simple and try to align myself with ebay so they protect me. 

 

If the plan veers off course, go back to where you started and try again. 

Before things got messy. 

And call ebay for advice. 

 

 

 


Ebay may have chosen to come out of their pocket to help you, but they couldn't force the seller to do it after that time frame.

 

International shipments are a bit different than US shipments for obvious reason.  You may have noticed in my other posts that I said that the Ebay MBG is that a buyer can file a claim up to 30 days after delivery.  You may have overlooked the last word in that statement.  The rule actually reads delivery or ETA, whichever comes first.

 

That would mean that if you bought something internationally and the ETA on the package says you should have it by January 30th.  If you received it on January 30th or never arrived, the 30 day clock would start from there.  But if it came in early, like January 10th, then the clock starts from the 10th.

 

Try to understand this thread is about a US seller with a US buyer.  It is hard to be expected to post information that may help the OP with their specific problem if we are also expected to cover every other possible alternative out there.  All our posts here have been specific to the OPs issues at hand and are not meant to cover every possible situation that may happen.

 

Yep, Ebay makes changes all the time and yes many are never told to members until they stumble across them.  But again, a completely different subject.  If you'd like a link to that thread I can provide you one as I was the author of that thread.  So just let me know.

 


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

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Re: Buyer threatening to sue.. input needed please


@ubcensored wrote:

Has anyone considered filing a damage claim with the shipper?

I used to work for a shipper and folks had to do this occasionally. 


Way too late for that.  And the buyer, to my knowledge never said the box it was delivered in was damaged in any way.  It is far more likely since the buyer refuses to return the item, that they are just trying to get some money back.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

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Re: Buyer threatening to sue.. input needed please


@vintagecraze50 wrote:

The buyer spent a lot of money to “repair” the watch that was allegedly not working when they got it, they did this before consulting with the seller on how to go about the repair work which the seller was initially more than happy to do for the buyer. The buyer went to some shop and sent this estimate to the seller but the buyer had already paid for the repair ,so they say, and wanted the seller to pay a portion of this amount which the seller said was way too high. Seller should have just told buyer from the start—return for refund, but they were trying to be nice becuase the buyer did not want to return the item. They felt the item was rare and they liked it and wanted to keep it. After seller said the cost was too high for the repair, the “lawyer” threatened the seller with a lawsuit.


I think we should clarify that.  The buyer SAYS they spent money on the repair.  Maybe they did or maybe they didn't.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

Message 113 of 182
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Re: Buyer threatening to sue.. input needed please

Yes  Ma’am, we do not know whether they really fixed the watch or not.

Message 114 of 182
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Re: Buyer threatening to sue.. input needed please

Yes ma’am. We do not know whether they actually spent this money to fix the item.

Message 115 of 182
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Re: Buyer threatening to sue.. input needed please


@vintagecraze50 wrote:

Yes  Ma’am, we do not know whether they really fixed the watch or not.


mam are my initials, not how I prefer to be addressed.  heart  


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

Message 116 of 182
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Re: Buyer threatening to sue.. input needed please

Still no contact from the lawyer. It’s been a week...So, she is either resigned to the fact that I am not budging ( and understands that had she done this correctly I would have worked with her. That is no way admitting any sort of fault whatsoever the watch was working perfectly when I sent it but if she would have worked with me on getting a second estimate, Or allowing my jeweler to repair it basically for free ...again I would’ve worked with her out of good faith because I’m a decent person but it didn’t go like that) or she has no recourse.. OR a process server will be looking for me shortly. Waiting game now. 

Message 117 of 182
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Re: Buyer threatening to sue.. input needed please


@abbylilyd wrote:

Still no contact from the lawyer. It’s been a week...So, she is either resigned to the fact that I am not budging ( and understands that had she done this correctly I would have worked with her. That is no way admitting any sort of fault whatsoever the watch was working perfectly when I sent it but if she would have worked with me on getting a second estimate, Or allowing my jeweler to repair it basically for free ...again I would’ve worked with her out of good faith because I’m a decent person but it didn’t go like that) or she has no recourse.. OR a process server will be looking for me shortly. Waiting game now. 


Don't make a mental note of it being a waiting game now.  Just put it in your rear view mirror and move on.  Never to be concerned with again unless something else happens, which is doubtful.  But I wouldn't give it a moment of my time nor would I worry about it at all.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

Message 118 of 182
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Re: Buyer threatening to sue.. input needed please

So after 30 days, this seller is not on the hook for a refund. 

And the buyer has not filed a claim with ebay. 

 

Message 119 of 182
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Re: Buyer threatening to sue.. input needed please

What's the name of the shipping company?

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