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Unfulfilled Deal Without Compensation - Please Advise

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  • ktanaka90
    Member
    • Nov 2012
    • 100

    Unfulfilled Deal Without Compensation - Please Advise

    I was wondering if any of you could help me with a situation I encountered on Calguns. On June 15, 2013 I posted my TA31F on the Private Firearms Parts Marketplace thread. I was approached by a user (a long time member with a good trader rating) who was interested in trading his TA01 NSN plus $200 (a trade I was willing to accept as noted on the thread). We agreed on the trade and both shipped our packages on Monday June 25, 2013. I shipped my package priority mail with insurance covering the package for $1000. The user shipped priority as well, however the package never made it to my place of work (there was no attempt to be delivered). The package was immediately sent back to the sender the day after it arrived to the distribution center (according to the tracking history).

    I took I upon myself to file a complaint with USPS (something that the user should have done). Upon speaking to a postal representative I found out that the package was not insured nor was it properly labeled. I contacted the user asking him to either send back my ACOG or the $950 cash amount I asked for. I've called him for the past several days with no response until I emailed him. His response was an email, not a call. He basically said that it wasn't his fault for the package being lost. Additionally, he is claiming that he fulfilled his end of the deal by the mere fact that he shipped the product. I've left him a voice message telling him that this is not a fair trade, nor has our deal been fulfilled. As far as I'm concerned, the deal is not complete until he ships my ACOG back or I receive fair compensation.

    The reason why I am posting this is because I would like your opinion on this matter. I have messaged the mods. Additionally, I do not feel that it is necessary to tarnish this user's rating cause of one transaction that went south. However, I will take further action if this continues. Thank you in advance for any advice.

    ***Clarification: The package is lost. It bounced a couple of time from his are back to mine before it stopped moving. Again, the package is not insured.
    Last edited by ktanaka90; 07-31-2013, 8:35 AM. Reason: Clarification on details
  • #2
    jfifer
    Veteran Member
    • Jun 2012
    • 3205

    F*ck it dude, post his name and link the ad. Then when he steps out you will either a) earn your fair share or b) we will know the truth.

    Comment

    • #3
      damndave
      I need a LIFE!!
      • Oct 2008
      • 10858

      IMHO the transaction was not completed since you BOTH don't have possession of what was traded. If he did not insure a $1000 scope, that is his very expensive mistake and lesson learned.

      Hopefully the Mods can take care of this issue so it doesn't come to a legal matter.

      You are too nice as I would have posted his screen name and link the ad.

      Comment

      • #4
        roger1022
        Senior Member
        • Jul 2008
        • 2008

        Wow that is a large sum of money involved here. Since the other guy cheaped out (no insurance) or ensuring you received the package, he is at fault.

        If he continues to say nothing and not return your ACOG, out him.
        You can give peace a chance...

        We'll cover you if it doesn't work out...

        Comment

        • #5
          wendys
          Member
          • Sep 2011
          • 154

          Comment

          • #6
            SonofWWIIDI
            I need a LIFE!!
            • Nov 2011
            • 21583

            Out the guy! Maybe it will put a little pressure on him to come clean on the deal and make it right.

            Good luck!
            Sorry, not sorry.
            🎺

            Dear autocorrect, I'm really getting tired of your shirt!

            Comment

            • #7
              The Gleam
              I need a LIFE!!
              • Feb 2011
              • 13062

              It was his requirement to be sure it delivered to you; whether he brought it to you in person, sent it by homing pigeon, or in this case hired someone to get it to you, no matter who had been the courier or common-carrier.

              He failed, because his "employee" (USPS) failed to deliver - thus he failed to deliver. You get your item back; preferably by FedEx with tracking - or money in exchange. Why are you expected to be required to track his package down and do his job for him?
              -----------------------------------------------
              Originally posted by Librarian
              What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

              If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?

              Comment

              • #8
                -hanko
                CGN/CGSSA Contributor
                CGN Contributor
                • Jul 2002
                • 14174

                Originally posted by ktanaka90
                The reason why I am posting this is because I would like your opinion on this matter. I have messaged the mods. Additionally, I do not feel that it is necessary to tarnish this user's rating cause of one transaction that went south. However, I will take further action if this continues. Thank you in advance for any advice.
                My opinion, having been here since the place started, is that if you don't out the seller, you leave your fellow calgunners exposed to similar antics in the future.

                I would sure has hell "tarnish" anyone's rep, regardless of their i-trader rating, if my transaction went south. Sounds like his rep is more important to you than you receiving your half of the deal. Very charitable. But, why would you wish for others here to have the same experience if they deal with this jerk.

                Other posters are correct...at the very bare minimum you ship a $1000 thingy by the usps with insurance for full value and delivery verification. I tend to ship ups or fed-ex as tracking is in more or less real time, and I can request an adult sig when delivery takes place.

                You are not at fault, deal is not complete until he receives his goodie and you receive yours.

                Please out the bastard.

                -hanko
                True wealth is time. Time to enjoy life.

                Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

                Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

                A man's soul can be judged by the way he treats his dog. Charles Doran

                Comment

                • #9
                  IVth Horseman
                  Senior Member
                  • Jul 2009
                  • 1583

                  Not saying you're to blame here...but the deal should have been hammered out very specifically. Whenever im shipping something I make sure the other party is fully aware of the "terms and conditions". Did the topic of insurance come up during negations?

                  Comment

                  • #10
                    bigmike82
                    Bit Pusher
                    CGN Contributor
                    • Jan 2008
                    • 3876

                    While you can make an argument that you guys didn't agree to insurance beforehand and therefore his responsibility is fulfilled....it's a crappy argument and shows a lot of bad faith. I never ever ship without insurance, even if i have to eat the extra cost.

                    To clarify....did usps say the package was delivered back to the sender? If so, homeboy needs to find it and resend it or refund you, otherwise it's lawsuit / press charges time.
                    -- 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0

                    Comment

                    • #11
                      Casual_Shooter
                      Ban Hammer Avoidance Team
                      CGN Contributor - Lifetime
                      • Sep 2006
                      • 11733

                      Has the sender received the returned package?
                      Guns, dogs and home alarms. Opponents are all of a sudden advocates once their personal space is violated.

                      "Those who cannot remember the posts are condemned to repeat them"



                      Why is it all the funny stuff happens to comedians?

                      Comment

                      • #12
                        navin r
                        Senior Member
                        • Jul 2012
                        • 774

                        Out the guy; it was obviously a 100% intentional rip off. File a police report and file a lawsuit or file in small claims court for the maximum amount allowed. The guy should be charged and arrested.
                        NRA life member CRPA life member

                        Comment

                        • #13
                          ktanaka90
                          Member
                          • Nov 2012
                          • 100

                          Just to clarify. The package was lost, it's somewhere in limbo. Which is where the insurance would have come in handy.

                          Comment

                          • #14
                            dg29
                            Senior Member
                            • Dec 2008
                            • 1134

                            By all accounts the OP resides in the LA socal area and the other person resides in Redondo Beach (according to hanko). OP, can you please clarify why on earth you would trade your ACOG for another via mailing it, instead of meeting face to face with the other party? As for the other member, where are you at and IMO it's is a very dangerous game, or misunderstanding, you're playing. No way on earth you'll get away with what is being described by one side of the transaction.

                            So it appears the other party does not live in Redondo Beach. OP, where does the other party involved reside at and who is it?
                            Last edited by dg29; 07-31-2013, 8:59 AM.

                            Comment

                            • #15
                              VarmintKiller
                              Member
                              • Jan 2010
                              • 287

                              It is his responsibility to get the item traded into your hands. Easy win in small claims.

                              Sad this guy didn't value his item enough to insure it.

                              Comment

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