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Discussion Starter #1 (Edited)
long story short the guy brought the swing arm nd it was a little rash on the spool. i told him send the swingarm back and ill refund him the $$....sed ill paypal him the shipping amount now...and when its shipped and i get a tracking number ill refund the rest... but instead of be in proactive in the transaction he rather try and bash me about the rash....send the swing arm back and when i get a tracking # i will gladly send ur $$ back...if u understand whats going on share your 2cents....he is a member:cursin: simple : get me a tracking number so i know that the swingarm i returned and ill paypal u the $$ back . period




okay what ever send the swingarm back and ull get what u paid back as simple as that.... all this emailing back and forth is a waste of time....send the swingarm back!!! and ill give u ur money back as simple as that...and then post whatever u want on rr.net...... once u give me the tracking number ull get ur $$ back!!

--- On Fri, 5/21/10, Jake <[email protected]> wrote:


From: Jake <[email protected]>
Subject: RE: Your 06 CBR swingarm for sale....
To: [email protected]
Date: Friday, May 21, 2010, 11:09 AM

I'm not just asking for a refund because I'm dissatisfied with the product. I'm asking for a refund because the product as received is not what I paid for. If this situation was due to a failure on my part then I would agree with you about the shipping, but you misrepresented the part. You confirmed twice there was no damage and specifically denied that there was rash on the spool mount. From the sale thread on 600rr.net (http://www.600rr.net/vb/showthread.php?p=2794132#post2794132):


02-21-2010, 11:35 AM - 1wryda:
06 swinarm
for sale

65 shipped


no damage


pms and paypal onli


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05-06-2010, 08:40 AM - racer46:
When you say "No damage" what do you mean exactly? From the pics it looks like there is some rash on the swinger where the spools go?

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05-08-2010, 02:06 AM - 1wryda:
no rash at all.... bike has never been down... dirty nd oily yes... but rash no


And then again in this email chain. I agreed with racer46 about what appeared in the picture, and if you hadn't denied that there was rash, then I would not have bought the part and we wouldn't have this problem now. You need to pay for the shipping and return what I paid for the part. If there is a cost to me above the time and effort it's already costing me to deal with this situation then I'll have to dispute with PayPal, provide negative feedback and potentially make it a legal issue. That seems silly for so small an amount of money, but this is not my fault. I'm sorry, I don't want to be a jerk about this, but I didn't do anything other than believe what you said which was false.

Thanks.

Date: Thu, 20 May 2010 21:02:39 -0700
From: [email protected]
Subject: RE: Your 06 CBR swingarm for sale....
To: [email protected]

send it to
(cant ship that package back to the pobox..gota use the neighbors)

.... im only refunding what u paid..split shipping to u split it back...u paid $60 u get back 60.... shipping is 25 and change so ill paypal u the 25 now and the rest once package is delivered... clearly the way the swingarm was handed to me by the shop was the way i sold it... took pics and put it in the box.... didnt see it in the pics myself.... probably because i do most of my online stuff on my cellphone...send me your paypal address asap so i know im sending it back to the correct address



--- On Thu, 5/20/10, Jake <[email protected]> wrote:


From: Jake <[email protected]>
Subject: RE: Your 06 CBR swingarm for sale....
To: [email protected]
Date: Thursday, May 20, 2010, 7:44 PM

#yiv1850283304 .ExternalClass #ecxyiv1131367515 .ecxhmmessage P{padding:0px;}#yiv1850283304 .ExternalClass #ecxyiv1131367515 .ecxhmmessage{font-size:10pt;font-family:Verdana;}I'd prefer to keep this all in writing if that's okay. I'll return the swingarm, and yeah, I'm going to need you to cover the shipping as well. At this point this transaction has become a waste of time and effort on my part to no personal benefit. Unfortunately, I work nights and the way my schedule works out today, I had just enough time to sleep before I have to go back to work (in a few minutes) so I can't do it tonight. Also, I don't have a car, so I'm going to have to figure out a way to strap this huge box to my motorcycle and get it to the mail shop to send it back.

In the future, when people ask you if an item is damaged, please be honest. This is misrepresentation and is pretty serious.

Thanks.

> Date: Wed, 19 May 2010 16:12:05 -0700
> From: [email protected]
> Subject: RE: Your 06 CBR swingarm for sale....
> To: [email protected]
>
> Ill refund u the shipping amount nd wen I receive the swing arm back ill refund the rest..... 516 643 8880..... call me asap either way
>
> On Wed May 19th, 2010 5:52 PM EDT Jake wrote:
>
> >
> >Hi. I just received the part and it's got scratches on the frame mount and rash on the left spool mounting post which someone asked about and you specifically denied in the sale thread on 600rr.net. I can't use this. What gives? You said there were no scratches or rash, just dirt and oil...? I can send this back if you're willing to refund, otherwise I'll probably have to dispute the payment and give negative feedback on 600rr.net. Please let me know if we can work something out.
> >
> >
> >Thanks,
> >
> >
> >> Date: Fri, 14 May 2010 16:52:11 -0700
> >> From: [email protected]
> >> Subject: RE: Your 06 CBR swingarm for sale....
> >> To:

The New Busy is not the old busy. Search, chat and e-mail from your inbox. Get started.
 

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Discussion Starter #2
if u can discuss with another member...well discuss u and him going to fedex ups dhl usps to get a tracking number and return the swingarm!
 

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Discussion Starter #3
listen send the swingarm back! go to fedex fill the paper work out! ask for a tracking number..... email me the traacking number and ill send the money back its ******* 65 dollars big deal... send the merchandise back and ull get ur money back! whats so hard about that.whats so hard about that.... i sed a year ago i was going to send u the shipping money.... ship the swinggarm....explain this to ur lawyer see what he says


--- On Fri, 5/21/10, Jake <[email protected]> wrote:


From: Jake <[email protected]>
Subject: RE: Your 06 CBR swingarm for sale....
To: [email protected]
Date: Friday, May 21, 2010, 1:11 PM


I don't want to pay for the shipping. Will you pay for it? If not, then I may have to wait to return it until after I've spoken to a lawyer which will be soon. My company provides legal and litigation services to its employees. Is it worth it? I'd rather not bother with it personally, but I'm willing to be persistent, here.
 

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Discussion Starter #4
thats like going to walmart trying to return something and leaving the return item at home...
 

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good grief
$65 shipped for a swingarm with a minor nick where the spool goes...
some people would bitch if they were hung with a pink rope.

now I can understand that the buyer thought he was getting a mint condition swingarm, and it had a minor rash. but for $65 shipped for a major part off a 5 year old bike to not have a single mark is really asking a lot.

next time just be 100% up front with people, but if I had bought that part for that price, I would not have even cared about that little mark.
 

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Yeah I've been in a similar situation as a seller... it sucks if you do everything you are suppose to do your behalf and yet the person is not happy. Long story short make sure you keep all the emails and never respond through anything except via the purhased website contact info... Good luck!

And I agree just go to the fedex and get the tracking number.!
 

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Doesn't have a car and is going to pull in a lawyer over shipping fees? Guy is so full of it. He should send the part back, split the shipping, and shut up. If not, he should quit bitching anyway. It looks like an honest mistake and you've tried to correct it.

Get a lawyer cause of shipping fees... LOL
 

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Discussion Starter #8
he wants me to refund him is 65 plus shipping so about 100 cash...seems like he is trying to get over.... shipping is free...fedex has an option to bill the reciever and u cud always say to return the package to sender because the address was wrong... a bunch of emails threatening me about a lawyer...im really not worried about it... ill post his user name so everyone could beware in the future... some people are so sad...
 

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Discussion Starter #9
if your going to get it pc.d it has to be sandblasted before its coated.. some people are just clueless in life
 

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Discussion Starter #10
while ur talkking to him goto fedex and say return to sender...tell them its the wrong adddress .. let me know when u do it so i can use the old tracking number

--- On Sat, 5/22/10, Jake <[email protected]> wrote:


From: Jake <[email protected]>
Subject: RE: Your 06 CBR swingarm for sale....
To: [email protected]
Date: Saturday, May 22, 2010, 2:11 PM


Talking to a lawyer on Monday.


Thanks.

> Date: Sat, 22 May 2010 06:57:04 -0700
> From: [email protected]
> Subject: Re: FW: Your 06 CBR swingarm for sale....
> To: [email protected]
>
> Cuda sworn I told u to get me tracking number....so there fore I know that u still haven t shipped it back....ur not going to hold the swingarm hostage and get paid for it... either u return the swing arm nd get ur refund...... or u keep the swingarm..... would rather u jus send it back but ur playing around with my time now....
>
> On Fri May 21st, 2010 7:49 PM EDT Jake wrote:
>
> >
> >Or, rather, if you choose to refund the ~$90 rather than the $65 then I'll send you the part. Otherwise I'll contact a lawyer in that case as well.
> >
> >
> >Thanks.
> >
> >From: [email protected]
> >To: [email protected]
> >Subject: RE: Your 06 CBR swingarm for sale....
> >Date: Fri, 21 May 2010 19:07:35 -0400
> >
> >
> >
> >
> >
> >
> >
> >
> >Please stop dithering and just tell me if you're going to return around ninety dollars (or whatever the sixty-five dollars plus the shipping costs are) or sixty-five dollars (what I originally paid without the extra shipping costs). Without specific confirmation of what you're returning to me, I can't do anything and up to now you've been unclear. Please just tell me you're giving me back:
 

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Discussion Starter #12
I have no reason to lie about this. By the way, mail fraud is a thing you'll want to read up on. Got the following from here:

http://www.lectlaw.com/

MAIL FRAUD 18 U.S.C. 1341, makes it a Federal crime or offense for anyone to use the United States mails in carrying out a scheme to defraud.



A person can be found guilty of that offense only if all of the following facts are proved: First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and Second: That the person used the United States Postal Service by mailing, or by causing to be mailed, some matter or thing for the purpose of executing the scheme to defraud.


I've read up a little more on this and it turns out it's not just the US postal service; private mailing companies like FedEx and UPS are included in the statute. Based on our emails and what you posted on 600rr.net. I'm pretty sure I have a solid case. This is going to suck for both of us and it's over twenty-five dollars. But, I don't owe you a cent and I'm not going to capitulate. I really don't want to have to get out of bed and go to court to deal with this, but I promise you, I will, and I'm confident that I'll win and by then the cost is probably going to be more than twenty-five dollars. I'm begging you, just send me the ninety dollars to cover my original sixty-five plus twenty-five for shipping, then I'll return your swingarm and we can both forget this. Please.



Thanks.


--------------------------------------------------------------------------------
Date: Sat, 22 May 2010 14:09:49 -0700
From: [email protected]
Subject: RE: Your 06 CBR swingarm for sale....
To: [email protected]

while ur talkking to him goto fedex and say return to sender...tell them its the wrong adddress so they will send it back to me free of charge.. let me know when u do it so i can use the old tracking number
 

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This is pretty funny, he sounds like hes 16 years old or something. Any lawyer would laugh at him. Thats barely worth bringing to small claims. Honesly what your doing isnt anything different (better if you think about it) than most companies do for items returns, call them get an RA, ship it in, when they get it and inspect it you get your money back. Simple as that. If you dont get the money back, then get your lawyer.


Stick to your guns. This guys a D-bag. If he's so afraid to get screwed he shouldnt be buying anything here.
 

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I spent $65 at the bar this weekend... Why are kids these days making such a big deal out of this stuff. Seriously... If you require a mint condition part, cough up the cash and buy it new!!!

And yes, the lawyer is going to laugh at this guy and tell him he needs to get back to his "real" casework. Haha, good luck getting this resolved.
 

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Lol this is funny!! what an idiot. He has asked you like 20 time if you are giving him his money back and you keep saying yes and yes, and he goes again and ask.
 

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where the heck is slaps???

This is interesting and I brought the :drunk:but we need some popcorn....
just an idea.... buy some spools and they will cover the scratch kid :p
 

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Discussion Starter #17
havent heard from him since saturday... waiting to here expert advice from his lawyer... lol he is going to need the 65 and to sale the swingarm to pay for the lawyer
 

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hey i'll buy that swing arm...those scratches ain't nothing some sandblasting and a nice pc can't handle....especially for that fuc*in price.......jesus murphy!
 

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I just read this - how hilarious. At 100+ bucks an hour for a cheap attorney, you know that this guy is full of ****. Mods should look at banning the buyer for being such an unrelenting pain. Oh, did i just say that? Damn, I better watch my back b/c I might get sued for slander now.
 
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