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-   -   One Auto wrecker to avoid ??? (http://www.peachparts.com/shopforum/diesel-discussion/235703-one-auto-wrecker-avoid.html)

Carson357 10-17-2008 10:57 PM

One Auto wrecker to avoid ???
 
I usually do not like to run anyone’s name or reputation through the wringer, until they fail in providing what was paid for. And before I actually do I was hoping to get opinions of forum members.
Ok, I was searching for a good used rebuild able cylinder head for my 603. And after doing some searching and making a few calls I thought I found a good source. so I call and verify several time that they not only have the head as they claimed but that it was a casting #18, so I ordered it paid $670.00 with my visa over the phone. Also after searching i determined that the later heads may have different injectors and bolts etc... So another $215.00, shipping for the head was $50.00 and for the misc parts was $15.00

So about a week goes by and everything arrives, i immediately open the head and it looks recently rebuilt, but the casting number is obliterated and is far from legible (images seen at link below).
So I begin to question it and determine it is likely a #14 head, so I package the entire thing up and send it back. My total investment in this venture with shipping is $885.00 minus shipping of $65.00 brings it to $820.00

I am following my online account and i see after 3 days of receiving the parcels I get a refund to my account for $450.00 from the merchant. i give them a call and ask what is the reason for such a small refund and they say that they do not refund shipping and that there is a 25% restocking fee since the items were good :eek:

I am now short $370.00 I believe their math was incorrect (mine may be off too lol) bit that seems like a lot of my hard earned money for them to keep.

I would appreciate any comment anyone has, also if my math is off feel free to correct :)

I will post the name if that is deemed appropriate by all
http://www.peachparts.com/shopforum/diesel-discussion/233717-603-head-identification-help-needed.html?highlight=head

cuban8 10-17-2008 11:42 PM

You're fine.

Start taking notes.

"Charge-back" the entire amount on your visa card (you'll need to call the visa issuer). This will require a little paperwork...fill it out carefully. All mail sent with return receipt. (No phone calls yet to the wrecking yard--wait till you get your refund back first, then they'll really want to talk with you. From here on, only speak with the owner of the company.)

Visa will then credit you back the amount, and you settle on your own with the wrecking yard. Of course bill them for your time at minimum $100/hour with a one hour minimum per event/letter/phone call. Send a letter outlining the whole thing to the owner, tell him what you want...all the details. Then cc: (courtesy copy) the letter to your attorney and to the Attorney General "Fraud Division" of your state.

There's always small claims court, or you could file a "Lien" on their property, but they'll cave long before then.

Carson357 10-17-2008 11:50 PM

sorry meant to type master card, but i am sure the same rules apply, i did call my bank, they told me to expect the money in my account no later than oct 23rd. i will need to sign an affadavit when it arrives in a few weeks. the seller was in another state back east, i am in california

Hogweed 10-17-2008 11:54 PM

as a parts supplier i really hate to hear this stuff!!
i would say that unless all the return/refund terms were CLEARLY defined up front (especially since they seem to be pretty harsh) then the rest of the folks who purchase parts should at least know who to ask specific questions/avoid when contemplating a purchase.
best of luck resolving this issue.
gregg

babymog 10-18-2008 11:33 AM

Based on the earlier thread where you received the head, and were told it was a #18 casting (before buying), then receiving a head which was a #14 casting with the casting number of the part number obliterated (apparently intentionally), I would say that it is fraud, and that this vendor should be avoided at very least.

Thanks for the continuation, I've been wondering how this is turning out.

cuban8 10-18-2008 12:22 PM

Glad to hear it's working out for you.

Selling you something different from what you paid for is called "bait and switch", and (I believe) is a felony in all 50 states.

The credit card is often your friend as a buyer, and is an excellent pressure point if you know how to use it. With some exceptions, generally a vendor must refund if you bring the goods back, and always if the goods are defective. Thankfully, most vendors (and buyers) are honest, hardworking folks.

It's always a good idea to put your order in writing and clearly spell out what you're getting and when, and how.


No, I'm not a lawyer...just an old guy whose been through this hundreds of times.

qwerty 10-18-2008 02:38 PM

Quote:

Originally Posted by cuban8 (Post 1996329)
Selling you something different from what you paid for is called "bait and switch"...


No. "Bait and Switch" is a marketing tactic in which a low-priced item is advertised, but then the customer is steered to a more expensive item. "Bait and Switch" is generally not illegal, especially when the lower priced item is (or was) actually available for sale.

Quote:

Originally Posted by cuban8 (Post 1996329)

No, I'm not a lawyer...

I would have never guessed!!!

Skippy 10-18-2008 02:45 PM

Post the supplier's name. If the casting number was left on, I could understand ignorance, but this looks very much like deliberate fraud.

Carson357 10-18-2008 02:54 PM

the supplier in question is European Connection in Falmouth Kentucky,
the only excuse i can guess is they uses some sort of compatibility guide or a part number cross reference that told them this head would fit, but that still does not explain the casting number being damaged. i specifically aske no does it have the #18 in the casting number below the #2 injector area?? each time they said yes. which was not possible.

cuban8 10-18-2008 05:46 PM

QWERTY...WTF is your problem?

Go pick a fight somewhere else. We're all (except you) just trying to help this guy.

If you're exceptionally talented in this area, let's hear it. Do you have anything constructive to offer?



...I didn't think so.

badgator 10-18-2008 07:10 PM

Well...
 
Bait and switch is a classic scam (and is illegal by FEDERAL LAW see - http://www.ftc.gov/bcp/edu/pubs/business/adv/bus35.shtm) geez this was a required class in my high school IT should be required everywhere! It was called Personal Business it included Banking - savings, checking accts, Insurance , life, term, whole etc, car ins, homeowners ins, loan and finance companies ( including bait and switch tactics) This should be a required class for all high school / GED / and people seeking citizenship!!!

Caveat Emptor. http://en.wikipedia.org/wiki/Caveat_emptor

qwerty 10-18-2008 07:38 PM

Quote:

Originally Posted by badgator (Post 1996620)
Bait and switch is a classic scam (and is illegal by FEDERAL LAW see - http://www.ftc.gov/bcp/edu/pubs/business/adv/bus35.shtm) geez this was a required class in my high school IT should be required everywhere!

"Bait and Switch" is not illegal (nor deceptive) unless the advertiser refuses or is unable to sell the advertised item at the stated price. Even then, providing a limited quantity of the item, if stated in the ad, is generally permitted.

The situation described in this thread is a breach of contract and has absolutely nothing to do with "Bait and Switch" as was erroneously alleged.

Quote:

Originally Posted by cuban8 (Post 1996573)
QWERTY...WTF is your problem?

Go pick a fight somewhere else. We're all (except you) just trying to help this guy.

Perhaps you might explain how misinformation is helpful!!!

Hatterasguy 10-19-2008 12:21 AM

You paid for an 18 head, they didn't provide one as far as you can tell. The damage to the numbers is unusual for sure, I wouldn't point fingers but there is no reason for it. So since they didn't provide what they said they would, you should get all your money back. OTOH if they sent you an 18 head and you didn't want it, than it would be perfectly reasonable for them to charge shipping and a restocking fee, since the screw up was on your end.

I would do a charge back, and than simply move on and get a head from another vendor.

sixto 10-19-2008 02:33 AM

Quote:

Originally Posted by Carson357 (Post 1996004)
I will post the name if that is deemed appropriate by all

How about a discreet nod if it's Adsit? :)

Sixto
87 300D

babymog 10-19-2008 12:44 PM

Wasn't an 18, as determined in the other thread. The casting number was in my opinion, obliterated purposely as there was no other surface on the head that showed any damage, corrosion, or grinding/sandblasting.


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