Problem: Submitted feedback is being contested
05-16-2003: Earnestmoney initiated process
05-16-2003: Kimhou submitted response
Earnestmoney describes the events as follows:
This transaction of aggravation and misery with Kimhou began over 9 months ago on 8/04/02, and continues to the present moment. We were both new Audiogon members with just one feedback each under our belts as of 8/4/02. I have received well deserved positive feedback for every single transaction with the one exception of Kimhou's libelous and defamatory use of the "F" word in my feedback profile, in retribution for me leaving him honest and accurate negative feedback. On the other hand, I know of at least 5 telling transactions whereby Kimhou has received no feedback at all (2 last August and 3 during the past month). In one case a highly respectable member contacted me and intelligently explained why he opted to leave Kimhou no feedback at all. I was disappointed, yet understanding of the respectable member's position as this dispute process has been a dreaded chore and responsibility for me. Though Audiogon is among my favorite respites, I feel the constant pressure of a multitude of philanthropic demands upon my time, which have always taken precedence until now.
I foresee no monetary compensation for myself by way of this dispute process; however, I hope for a safer and more honest Audiogon trading community without the likes of Kimhou in our midst. I have saved every iota of information regarding this transaction, including 50 plus associated emails, original ad, airbill, money order receipts, copy of my personal check, dates I contacted the FBI and Postal Inspector with their comments, and more. I would be happy to supply Audiogon and any authorities with all the facts and concrete evidence in my possession regarding this ripoff.
Most importantly, if Kimhou continues to have the gall to dispute the central facts and continues to advance his feeble minded efforts to frame me for insurance and mail fraud, I will deal with it in my rebuttal and later in the courts. I want to be perfectly clear here. I bring forth only 2 issues for consideration by the Dispute System:
1. I contest the absurd feedback that Kimhou left for me and simply request that it be deleted.
2. I received nonconforming goods for which Kimhou should be held accountable in full without compromise.
I reserve the right to pursue damages for libel and defamation of character through the regular court system. No action has been initiated by me to date, but it may be forthcoming at the conclusion of this dispute.
The bottom line is as follows:
Kimhou deceived me into believing that he filed a timely and legitimate insurance claim last August per his emails. FedEx told me on 8/12/02, that claims are usually resolved in approximately 90 days. I learned from FedEx on 12/19/02, that a formal claim form was mailed to Kimhou on 8/13/02, and that he apparently never bothered to return it to them, so they closed the file. I was further advised that there was absolutely no record of Kimhou ever calling FedEx even once to discuss this insurance claim. FedEx advised that they only have a record of me calling them. My records show that I called FedEx on 8/12/02, 8/16/02, 12/19/02, and 4/22/03.
It should also be noted that Kimhou did not actually double box per FedEx's strict packaging requirements. This could possibly be one of the reasons that he never bothered with his duty to file a timely and proper insurance claim. He used only a single small box with one inch of quality dense foam on 4 sides only. The damage happened on one of the unprotected sides. Even though he did not double box as required I initially praised his packaging, as I did not want him to feel too awfully bad, and obviously I needed his support in resolution of this matter.
Also, FYI, the FedEx airbill number is XXXXX and the insurance claim control number is XXXXXX.
I sincerely hope that Audiogon will consider Kimhou's reply as nonresponsive if he does not explain exactly why he declared the value at $1500 on the airbill rather than the $2000 worth of insurance for which I clearly paid. The importance of this information will be fully apparent in my rebuttal.
Earnestmoney is requesting the following resultion:
1. I contest the absurd and libelous feedback containing the "F" word that Kimhou left for me and simply ask that it be deleted ASAP.
2. I received nonconforming goods for which Kimhou should be held accountable in full without compromise. I would like for him to pay for a perfect replacement transformer cover, all labor, and shipping both ways. That is only fair.
Kimhou describes the events as follows:
Hello, Ernestmoney paid me $1200 for the unit,He emailed me and said he recieved it damaged and felt someone had stabed thru the box with a screwdriver and wanted to file a claim for intentional damage, He wanted me to go to the local police station and have them retrive the fedex tape for tht day in order to investigate, I mentoned that there was a fellow that worked for Fedex t who was not so kind to me. Ernestmoney wanted me to go after that guy and charge intentional damage, had no proof so I refused, He called me by phone and said he spoke with Fedex and had to come up with a way to account for the $1500 damage since he only paid $1200 so he said he decided (on his own) to send me a extra check for $300 after much thought I decided that would be insurance fraud, so I did not cash the check. He next started threatning me so I stoped comunicating with him. If you notice he waited over six months before he posted negative feedback, and only did so then because he noticed I listed some items for sale and h wanted to somehow damage me, to no avail, the items are being sold, and have already recieved Positive feedback. From the start he only wanted to go after someone and knows himself it was his idea to send the extra payment after the sale was completed, which constitutes insurance fraud, that is why he waited so long before doing anything, he can pick and chose the email he sends you, and lie about the check issue, but he and I know the truth! The $1500 insurance was never a issue to him until now, because he only paid $1200 for the unit!
Kimhou's proposed resolution:
I don't wish to deal with him, and I don't trust him, after sending me the check which he called me by telephone saying and knowing it was his idea, he later tried to lie and say it was my idea because I would not go along with him.
Earnestmoney's rebuttal:
Mercy folks, let's begin with Kimhou's bottom line and then take it from the top. I finally learned on 4/22/03, that Kimhou declared the value of the amp at ZERO dollars, apparently pocketing all the insurance money I sent to him. Audiogon can confirm this startling revelation by calling FedEx at 1-800-463-3339 and ask to speak to XXXX in their Claims Dept. on her direct line XXXX (please "X" out her phone #, as I promised it would only be given to proper investigating authorities). Also, please remind her to look it up in "cc rider" since the claim has now been closed. She and I both did some mathematical analysis with their current online rate charts to further confirm that Kimhou purchased zero insurance. And yes, of course, in hindsight I should have figured this out last August on my own.
Now, is it any wonder why Kimhou did not file a timely and legitimate insurance claim? Apparently, he was only eligible to file a claim for the automatic first $100 of value. It is even more disturbing that my airbill copy shows a "Total Declared Value" of $1500 in what clearly appears to be Kimhou's own handwriting, yet the total charges shown are only $38.81 for a 38 lb. package, third business day air, express saver, from his zip 19401 to my zip 45150 (please leave in at least my zip so members can check his current ads for his zip and do the analysis). If the package had truly been properly insured, the cost would have been very close to $49.04, as Diane said rates may have just barely gone up since last August. In today's dollars the same package ships for $41.54 if insured for only $100.
Most importantly, I simply wanted Kimhou to file a standard and legitimate insurance claim with FedEx as he is required. Kimhou mentioned during our phone conversation of 8/13/02, that he got tired of hearing the FedEx agent complain about his day, so he regrettably initiated and exchanged some not so kind words with the agent.
Kimhou provided evidence (the amp), a suspect, and a motive; therefore, I certainly did advise him to go to his local police and simply ask them to investigate and prosecute if warranted by positive proof on videotape.
Actually, Kimhou returned my call. I absolutely did not have to come up with a way to account for the $1500 damage. I did not lie. I have no fear of FedEx. Years ago, I vetoed a Five Million Dollar multi year contract with FedEx until they significantly improved their service to me and my group of professional buyers at that time. I informed FedEx of the $1200 actual purchase price. I have never claimed $1500 in actual damages. Who knows what a perfect replacement transformer cover will cost with service and shipping both ways, not me.
After looking at the MC225 amp in "S1" condition at Audio Classics, and finding that Kimhou received a $1400 offer, I generously offered him an additional $300 and Kimhou said no thanks. A little later during the same phone call, Kimhou decided he did want me to send him a $300 check, proposed genuine fraud which I immediately rejected, and then asked if I could just loan him $300 till the end of August. Red Flags were waving, but I then reluctantly agreed to send him the check. I wrote on the check "Exceeding Best Offer for MC225" to protect myself. Any potential wrong doing would be on him exclusively. I filed a report with my local police on 8/23/02, and tried to fully discuss the matter with the FBI and Postal Inspector on 8/30/02, to no avail. My local police merely commented that I would probably never see that $300 again. Once Kimhou thoroughly revealed himself, I put stop payment orders on the check.
I have never threatened Kimhou. I have only made polite professional promises to leave negative feedback, report him to AudiogoN, and perhaps sue him for libel and defamation of character. Whoops, I did tell him his goose was cooked on 1/7/03, after finding out on 12/19/02, that he never filed an insurance claim, sorry. That is the full extent of this nonissue.
I have spent some time on AudiogoN just about every day since joining last summer, and I love it! I issued negative feedback for Kimhou on 4/16/03, the moment I saw him posting ads again. His 7 ads were all showing under "New Today" and I was disappointed to see 3 items already sold. I notified AudiogoN immediately and apologized for not leaving negative feedback sooner so as to protect the community. Kimhou shouldn't take it so personally. Actually, a part of me feels sorry for him, as I think he may possibly be incapable of comprehending and exercising professional business conduct.
Again, I value my AudiogoN membership and my favorable feedback here (and on ebay, user: earnestmoneywon).
Thank you and sorry for the length.
As of 05-18-2003, Audiogon is requesting input from members regarding this dispute. |
