- May 13, 2008
I purchased a Blackberry through someone who had zero feedback and just started on Ebay. It was only $125 and I was going to do it via Paypal so I wasn't all that nervous. After the auction I ended I won and emailed him regarding the invoice. He told me "I meant to send you a message last night so I aplogize for that. I did not realize that I still had the item listed so I am not going to be selling it at this time. I apologize for the inconvenience. Thanks."
I told him that was unacceptable, he entered into a legally binding contract and that I wanted the phone.
He wrote back "I apologize for the inconvenience. Will you please just let this one go? There are many other World Editions available for purchase. I would really appreciate if we can just go our seperate ways peacefully on this. Thank you."
I wrote to him stating I would not let it go, that he was committing fraud and he cannot break a legally binding contract, at which point he wrote "Look, I acknowledge that I messed up with this whole situation and I apologize for that. If I were in your situation then I would probably be upset too and I'm sorry. I am not going to accept payment because the phone is worth far more than $125.00 and I know that because it has already been sold for more than twice that amount. Why would I sell something at below market value? It is in immaculate condition, has hardly been used, still has all the accessories that it came with, and I paid full retail for it. So you can give me a bad review but I am sorry, I am not going to sell an item for less than market value, especially when I don't even have it in my posession anymore. I apologize for the inconvenience once again. Thank you."
I told him I was escalating it to Ebay and that I was filing a small claims on him, that my husband agreed to act as my attorney and would be sending a motion to him in the morning. I told him I wanted the $125 as a credit toward a new phone. He wrote back at that point telling me he actually did still have the phone, the one he sold was a similar one for his cousin and he would honor the transaction...I told him I didn't trust a seller as dishonest as him, was forced to purchase a new one already, and would be seeking retribution. I told him he would have to come to MA for court since I'm filing the motion against him. He gets nervous as this point telling me he wants to go through with the transaction, he was sorry, that he would honor his return policy if I didn't like the phone. I told him it was too late, it was either credit me or wait for Ebay to enforce or a motion from my 'attorney.' He agreed to send me the $125 via Paypal to end this and apologized again for the inconvenience.
Guess what? He actually sent it!! I haven't accepted it because I feel guilty. I just wanted to teach him a lesson, but part of me wants to accept it because he was such a punk at first and he needs a lesson in responsibility, not to mention it ended up costing me an additional $64 for another phone vs. what I would've had to pay to buy his.....I need your advice. What should I do? Take the money or send it back telling him let this be a lesson?