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Wutcha think - Am I gonna win this PayPal Dispute?

M

MrFanel

Banned
Okay first off - I learned my lesson not to buy hard drives from eBay, for that matter - any computer electronics. I am glad this lesson cost me only $38.

Anyway - I bought a 160 gig SATA Maxtor drive off eBay. Took the guy a while to ship it since he claimed his wife was sick. Alright fine whatever. Finally got the drive last Friday, slapped it in and the Maxtor Diagnostic software yielded an 8 character failure code and predicted that drive as doomed. The auction's description claimed the drive is in "perfect" shape - http://cgi.ebay.com/ws/eBayISAPI.dll?Vi...tem=8789834748&ssPageName=STRK:MEWN:IT

I tried to RMA the drive yesterday but found out that it was an OEM Refurbished drive (as per the serial number given to the Maxtor rep) and does not carry any warranty from Maxtor.
I emailed the seller three different times and have had no reply. I even tried to call him, but his phone always had a busy line signal. So, I opened a PayPal dispute wanting my money back minus the shipping - it's a principal thing... Anyway, lo and behold he replied this morning with - and I quote - "Well all i can tell you is that the drive was in perfect working condition when i shipped it out. if it didn't work i would have rma'd it myself. and sold the replacement you should be able to rma it if the mfg date is less than 3 years from current date regardless of when i purchased it according to thier website" - that is AFTER I notified in the claim that the drive failed to RMA due to the same reasons I have listed above.


So now the dispute is being reviewed by PayPal. I should also note that the drive was packaged well so... I believe he sent me a dud hard drive knowingly thinking I would not be able to even think of running any sorts of tests.



What do you fellas think?
 
It's quite possible he just plugged it into a MB and saw that it was recognized and available. I'd find out how he determined that the drive was working. Just b/c the drive has does not pass the diag does not mean that it does not work.
 
Originally posted by: DBL
It's quite possible he just plugged it into a MB and saw that it was recognized and available. I'd find out how he determined that the drive was working. Just b/c the drive has does not pass the diag does not mean that it does not work.
Click to expand...


According to Maxtor's utility, it's at a failing state. His auction said it was running on a RAID array.

Also - the drive came pretty scratched up and banged up; altough packaged properly...
 
I think when you talk to pay pal tell them he sold you a Refurb drive without disclosing that it was a refurb drive and he therefore misrepresented the product which is fraud and possible also mail fraud and you plan on contacting the post master general and the FBI.
 
Originally posted by: MrFanel
Originally posted by: DBL
It's quite possible he just plugged it into a MB and saw that it was recognized and available. I'd find out how he determined that the drive was working. Just b/c the drive has does not pass the diag does not mean that it does not work.
Click to expand...


According to Maxtor's utility, it's at a failing state. His auction said it was running on a RAID array.

Also - the drive came pretty scratched up and banged up; altough packaged properly...
Click to expand...

I'm sure you have a legitimate gripe. I was just pointing our where the misunderstanding could be. Obviously, the drive is not in "great shape" regardless of how you or anyone would actually define that.
 
Originally posted by: piasabird
I think when you talk to pay pal tell them he sold you a Refurb drive without disclosing that it was a refurb drive and he therefore misrepresented the product which is fraud and possible also mail fraud and you plan on contacting the post master general and the FBI.
Click to expand...


Do you think the fact that he did not disclose his drive to be a refurb despite it being used as misrepresentment?
 
Bah - this is what I got from him today - note the caps lol.

"LIKE I STATED BEFORE THE DRIVE WAS IN PERFECT WORKING ORDER MEANING IT WAS IN GREAT SHAPE. IT DIDN'T SAY ""LIKE NEW" OR "BARELY USED"."IT WAS IN PERFECT OPERATIONAL CONDITION WHEN IT WAS TAKEN OUT OF MY PC AND PACKAGED. IT HAS NEVER BEEN DROPPED WHILE I HAVE OWNED IT. I WOULD NOT SELL BUNK PARTS HENCE MY 100% FEEDBACK RATING. I HAVE HAD IT HAPPEN TO ME BEFORE AND KNOW HOW MUCH IT SUCKS TO BE RIPPED OFF. I WOULDN'T BE WASTING MY TIME W THIS IF WAS TRYING TO RIP YOU OFF. THATS WHY I SELL ALL MY PARTS AS A SOLD AS IS AUCTION TO LIMIT ANY LIABILITY FROM ANY PROBLEMS THAT HAVE OCCURRED ONCE IT HAS LEFT MY POSSESSION."
 
Originally posted by: MrFanel
Bah - this is what I got from him today - note the caps lol.

"LIKE I STATED BEFORE THE DRIVE WAS IN PERFECT WORKING ORDER MEANING IT WAS IN GREAT SHAPE. IT DIDN'T SAY ""LIKE NEW" OR "BARELY USED"."IT WAS IN PERFECT OPERATIONAL CONDITION WHEN IT WAS TAKEN OUT OF MY PC AND PACKAGED. IT HAS NEVER BEEN DROPPED WHILE I HAVE OWNED IT. I WOULD NOT SELL BUNK PARTS HENCE MY 100% FEEDBACK RATING. I HAVE HAD IT HAPPEN TO ME BEFORE AND KNOW HOW MUCH IT SUCKS TO BE RIPPED OFF. I WOULDN'T BE WASTING MY TIME W THIS IF WAS TRYING TO RIP YOU OFF. THATS WHY I SELL ALL MY PARTS AS A SOLD AS IS AUCTION TO LIMIT ANY LIABILITY FROM ANY PROBLEMS THAT HAVE OCCURRED ONCE IT HAS LEFT MY POSSESSION."
Click to expand...

What a joke.

The last sentence is like saying "Once it's in the mail it's your problem! HAHH!!!"
 
Originally posted by: Injury
Originally posted by: MrFanel
Bah - this is what I got from him today - note the caps lol.

"LIKE I STATED BEFORE THE DRIVE WAS IN PERFECT WORKING ORDER MEANING IT WAS IN GREAT SHAPE. IT DIDN'T SAY ""LIKE NEW" OR "BARELY USED"."IT WAS IN PERFECT OPERATIONAL CONDITION WHEN IT WAS TAKEN OUT OF MY PC AND PACKAGED. IT HAS NEVER BEEN DROPPED WHILE I HAVE OWNED IT. I WOULD NOT SELL BUNK PARTS HENCE MY 100% FEEDBACK RATING. I HAVE HAD IT HAPPEN TO ME BEFORE AND KNOW HOW MUCH IT SUCKS TO BE RIPPED OFF. I WOULDN'T BE WASTING MY TIME W THIS IF WAS TRYING TO RIP YOU OFF. THATS WHY I SELL ALL MY PARTS AS A SOLD AS IS AUCTION TO LIMIT ANY LIABILITY FROM ANY PROBLEMS THAT HAVE OCCURRED ONCE IT HAS LEFT MY POSSESSION."
Click to expand...

What a joke.

The last sentence is like saying "Once it's in the mail it's your problem! HAHH!!!"
Click to expand...

If the auction really did state "AS IS" then the OP is out of luck. Paypal will probably settle in his favor anyway though.

EDIT: Seeing as the return policy is listed as AS IS, but it's not mentioned anywhere in the item description, he may have a case because the item was improperly described.
 
Originally posted by: BigJ
Originally posted by: Injury
Originally posted by: MrFanel
Bah - this is what I got from him today - note the caps lol.

"LIKE I STATED BEFORE THE DRIVE WAS IN PERFECT WORKING ORDER MEANING IT WAS IN GREAT SHAPE. IT DIDN'T SAY ""LIKE NEW" OR "BARELY USED"."IT WAS IN PERFECT OPERATIONAL CONDITION WHEN IT WAS TAKEN OUT OF MY PC AND PACKAGED. IT HAS NEVER BEEN DROPPED WHILE I HAVE OWNED IT. I WOULD NOT SELL BUNK PARTS HENCE MY 100% FEEDBACK RATING. I HAVE HAD IT HAPPEN TO ME BEFORE AND KNOW HOW MUCH IT SUCKS TO BE RIPPED OFF. I WOULDN'T BE WASTING MY TIME W THIS IF WAS TRYING TO RIP YOU OFF. THATS WHY I SELL ALL MY PARTS AS A SOLD AS IS AUCTION TO LIMIT ANY LIABILITY FROM ANY PROBLEMS THAT HAVE OCCURRED ONCE IT HAS LEFT MY POSSESSION."
Click to expand...

What a joke.

The last sentence is like saying "Once it's in the mail it's your problem! HAHH!!!"
Click to expand...

If the auction really did state "AS IS" then the OP is out of luck. Paypal will probably settle in his favor anyway though.

EDIT: Seeing as the return policy is listed as AS IS, but it's not mentioned anywhere in the item description, he may have a case because the item was improperly described.
Click to expand...

Yeah, it's definately a problem if the item does not arrive as described. Even if he said "as-is", he didn't fulfill his part of the agreement to send a working drive.
 
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