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  Bendover vs Mjohnston: Submitted feedback is being contested
Problem: Submitted feedback is being contested
02-10-2003: Bendover initiated process
02-10-2003: Mjohnston submitted response

Bendover describes the events as follows:
The client that has complained sent me an e-mail to make a purchase and then never contacted me to confirm payment or shipping arrangements for 4 days even thought I had made several attempts to contact him. After 4 days he sent me an e-mail saying he had sent the money using my e-mail address without conferring with me, so for another day I was unable to confirm payment as my account was set up using a different e-mail address, and again I didn't hear back from the client for a day. By then several people expressed interested in purchasing my goods and without any responce or payment from said client I decided to sell. the next day after I made the sale I received confirmation of both payments from PayPal and without realizing which goods this person was buying I transferred his payment to my account which takes 5-7 day to receive funds. Later while perparing to ship the Items I realized It was the same product I had just sold and immediately informed the client and offered a much better product in it's place at an additional discount only to have the client demand a refund. I agreed to refunding the clients money minus PayPal charges as it was his fault the goods were sold. The problem is the clients money has not yet been confirmed and in the process of been transfer to my account and I can't find a way to speed it up or cancel it. The payment is in the amount of 404.61usd or 599.13cdn and the ID# is: XXXXX.

Best Regards
Bendover

Bendover is requesting the following resultion:
I will refund this man money in full (including PayPal charges as soon as I recieve it. I am in Canada and I can not reverse a money transfer back into my accout so I have to wait to recieve it then deposit it back into PayPal and then do the refund ($417.00usd) so that there is a record of it. So, as soon as he recieves his refund I would like to have both mine and his feedback removed from Audiogon and his unsubstantiated complaints retracted from everywhere he has made them.




Mjohnston describes the events as follows:
I have copies of all the emails from Bendover, which I can submit for inspection. I first sent him an email on 3/6/03 with a reply to his response on 3/6/03 and again on 3/8/03 after he apparently didn't received my first email. It was after an exchange of email on 3/8/03 that we agreed to use Paypal instead of a money order. He sent a new email account to send the payment to and a payment was submitted within 24 hours. It was then when he told me that he had already sold the power cords and offered me another brand at a higher price, which I refused, and instead requested a full refund. It was at that point he stated that he would give only a partial refund minus all Paypal fees after 2 weeks.

Mjohnston's proposed resolution:
A full refund including all Paypal charges immediately.




Bendover's rebuttal:
I can't believe what he has writen here. I offered him the Same brand, the Wireworld Electra 3 powercords instead of the Wireworld Aruora 3 which are a much lower model. The Electra 3 sell for 600.00usd each, I ofered him 3 for 550.00usd. I also offered him a full refund even his 12.00 back that Paypal charged him. I did bock a bit at first about paying the PayPal charge because this guy has no idia on how to do a proper transaction. I recived all his e-mail, nothing this guy has writen is the truth. I offered him all his money back from the word go. I will included the last e-mail I sent him last night. and the first one when I reilised two people had bought the same powercords. I don't think this guy relizes I'm not a dealer. I got an over whaleming responce to my add and because he didn't stay with the transaction he spread ovwer a week or more I am not doing this as a dealer. This guy is upset he lost out on a great dael and it is just to bad because he should have completed the transaction, and didn't.

As of 02-10-2003, Audiogon is requesting input from members regarding this dispute.
Audiogon  (Threads | Answers | This Thread)

02-10-03
  Responses
02-11-03: Jcbtubes
Sorry, Bendover. (No, I won't say it!) Assuming the most charitable position that this was simply a mistake on your part and wasn't a bait-and-switch, Mjohnston is clearly in the right on this one. Whether you offered Mj a perceived "better deal" or not is ultimately irrelevant. You no longer had the item that you agreed to sell to him, and he was obviously within his rights to request a full refund. Period. Mj gets his full refund.

Now to the question of time period. It isn't unreasonable to wait for the funds to be in B-over's "possession" before he can issue a refund. Mj should allow the seven(?) working days necessary to facilitate the refund. B-over, since the funds transfer has been confirmed, issuing a refund from your own account now would be a gesture of goodwill. You're not at risk of being out the money as it is almost impossible for a confirmed Paypal payment to be recalled. Give it some thought. You might improve your position in the minds of those who read this thread.
As always, just my opinion.

Jcbtubes  (Threads | Answers | This Thread)


02-11-03: Mjohnston
I made a mistake on the dates in my rebuttal. My response should read "I first sent him an email on 2/6/03 with a reply to his response on 2/6/03 and again on 2/8/03".

Please note that Bendover's Classified appeared on 2/6/03 and ended on 2/9/03- a total of 3 days. Bendover does not supply any evidence of what I said was in error and does not dispute the fact that he was paid within 24 hours of his agreement to sell me the powercords.

Unfortunately, due to Audigon's posting rules, I am unable to post the original email's.

I still by the fact that bendover and I completed a sale which he backed out of and is refusing to repay me the full amount in a timely fashion.

Mjohnston  (Threads | Answers | This Thread)


02-11-03: Cpdunn99
What a crazy mess people get into when they are impatient, greedy, or both.

The seller has offered to send back the money plus Paypal fees (GREAT!).

The potential buyer has asked for his money back plus Paypal fees.

So, what the hell's the problem here? My advice to Mjohnston... wait a few more days for money transfer to come through. It's not always as lightning fast as we would like or are led to believe.

If the reimbursement (which seems very generous to me) does not come through in 7-10 days, THEN start making noise.

I think you both need to sit in the corner for a while and cool off.

Cpdunn99  (System | Reviews | Threads | Answers | This Thread)


02-12-03: 4yanx
How did this make it to the dispute forum? The situation can be characterized by one word, IMPATIENCE. Impatience on the part of the seller for not waiting for the sale to run a reasonable course and then selling to someone else out of panic (giving the beneift of the doubt, here). Impatience on the part of the buyer for not waiting to get reimbursed after a promise of a full refund was offered. Both parties have a lot to learn with respect to buying and selling, IMHO. Let the neg feedback stand for both.
4yanx  (Reviews | Threads | Answers | This Thread)


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