I live in CA. Seller lives in MO.
Bought a kitchen range on Ebay advertised as new. Seller's website and every email stated "We're not satisfied until you are!" Seller's website, and "Item won!" email instructions were adamant about signing for the item after inspection: if item was damaged, do not sign for delivery, and seller would ship a new one; seller would also ship a new one if damage was discovered after delivery and there was no signature accepting delivery. Carrier told me over the phone to leave a note on my door telling the driver to leave the package on the porch, both of which were done (no signature). When I got home after 6pm, I opened the top of the box and immediately noticed the range was significantly very damaged. I called the seller the next morning at 9am to notify him of the damage. He said he would take care of it after checking with the carrier.
Three weeks go by and nary a word from anyone, range is still sitting in my living room, still boxed up. After some back-and-forth emails where I get the distinct impression the seller is blowing me off, I threaten him with legal action. All of a sudden things start happening. The carrier is called, his shipper is called. His shipper says they aren't responsible for anything. The carrier says that because they weren't contacted within a couple days about the damage, they cannot accept a claim (carrier says they have to be contacted by shipper).
I notified the seller of the damage within 12 hours of delivery. The seller did not take any action for three weeks. As a result, the carrier will not accept a damage claim. The seller is claiming he's not responsible for shipping damage.
I've gone through PayPal and Ebay, and the result was that the seller would refund 100% of my money if I shipped the range back to him at my cost (~$200).
I see no reason I should be out $200 for the seller's inaction/irresponsibility.
At this point, I have spent roughly 60 hours of my time dealing with this problem. I have had to postpone some of the kitchen remodeling (no contractor cost--all DIY).
MO small claims allows for $3000. The range cost me $1268, and my time alone will push the dollar amount well over $3000.
Some questions I have are:
If I file civil suit, do I have to be present, or can I hire an attorney from MO to represent me without my presence? If I hire an attorney, does the defendant have to pay my attorney fees (if defendant loses)? Should I even hire an attorney in the first place? Does the defendant have to pay for my transportation, lodging, meals, etc if I do have to be present (if defendant loses)? Is it possible to file suit in my state, and have the judgment levied in his state? Can I file a False Advertising claim? Is there a standard method for computing dollar value of time spent dealing with the problem? How long should I expect this to take?
So no one else has to deal with this guy, his info:
Harry Slyman
Ad-Mark Products
1612 Wild Berry Ct.
Ballwin, MO 63021
314-313-7559
Bought a kitchen range on Ebay advertised as new. Seller's website and every email stated "We're not satisfied until you are!" Seller's website, and "Item won!" email instructions were adamant about signing for the item after inspection: if item was damaged, do not sign for delivery, and seller would ship a new one; seller would also ship a new one if damage was discovered after delivery and there was no signature accepting delivery. Carrier told me over the phone to leave a note on my door telling the driver to leave the package on the porch, both of which were done (no signature). When I got home after 6pm, I opened the top of the box and immediately noticed the range was significantly very damaged. I called the seller the next morning at 9am to notify him of the damage. He said he would take care of it after checking with the carrier.
Three weeks go by and nary a word from anyone, range is still sitting in my living room, still boxed up. After some back-and-forth emails where I get the distinct impression the seller is blowing me off, I threaten him with legal action. All of a sudden things start happening. The carrier is called, his shipper is called. His shipper says they aren't responsible for anything. The carrier says that because they weren't contacted within a couple days about the damage, they cannot accept a claim (carrier says they have to be contacted by shipper).
I notified the seller of the damage within 12 hours of delivery. The seller did not take any action for three weeks. As a result, the carrier will not accept a damage claim. The seller is claiming he's not responsible for shipping damage.
I've gone through PayPal and Ebay, and the result was that the seller would refund 100% of my money if I shipped the range back to him at my cost (~$200).
I see no reason I should be out $200 for the seller's inaction/irresponsibility.
At this point, I have spent roughly 60 hours of my time dealing with this problem. I have had to postpone some of the kitchen remodeling (no contractor cost--all DIY).
MO small claims allows for $3000. The range cost me $1268, and my time alone will push the dollar amount well over $3000.
Some questions I have are:
If I file civil suit, do I have to be present, or can I hire an attorney from MO to represent me without my presence? If I hire an attorney, does the defendant have to pay my attorney fees (if defendant loses)? Should I even hire an attorney in the first place? Does the defendant have to pay for my transportation, lodging, meals, etc if I do have to be present (if defendant loses)? Is it possible to file suit in my state, and have the judgment levied in his state? Can I file a False Advertising claim? Is there a standard method for computing dollar value of time spent dealing with the problem? How long should I expect this to take?
So no one else has to deal with this guy, his info:
Harry Slyman
Ad-Mark Products
1612 Wild Berry Ct.
Ballwin, MO 63021
314-313-7559
