Should I be worried? I recently sold my Xbox on ebay and now the ebay member is threatening small claims court charged on me. Read the description of what I described on Ebay.

following that is a series of e-mails from the member:

NO RESERVE AUCTION

OVER $810 worth of XBox 360 ITEMS!!!

Up for sale is the Premium Edition Microsoft XBox 360 Game console with LOTS OF EXTRAS!

Items included:
XBox 360 Premium Gaming Console w/ wireless controller, 20 GB HD, HD A/V cables, and power supply - $350
Extra Wireless Controller (1 week old) - $50
XBox Live Wireless Router (1 week old, plugged in back of console, third picture) - $100
3 month subscription to XBox Live (Already activated, 2 months left) - $20

8 GAMES:
Splinter Cell Double Agent with Gaming Book (Played FIVE times!)- $80
Need For Speed Carbon (Played TWICE) - $60
NCAA Football 2007 (Played FOUR times) - $50
Tiger Woods PGA 2006 - $30
Burnout Revenge - $30
Tony Hawk IV (Xbox) - $20
Grand Theft Auto Vice City (Xbox) - $20
Grand Theft Auto III (Xbox) - $15

As you can see, there are a ton of additional accessories and a lot of them are like NEW! Reason I'm selling is I am looking to buy a new car and need every penny I can get. Note, the HD A/C cable probably needs to be replaced. Sometimes when the system turns on, the power lights will flash red. Microsoft has informed me this is just receiving a bad signal from the A/V cable and needs a new one. If you would rather send it in to Microsoft, they will send you another system in the meantime while yours is being fixed. There is a warranty, you simply need to give the the serial number on this system I've been told.

Happy bidding to all! And remember, ALWAYS check feedback and ask any questions you need!

EMAILS:

HIM: hi this is Rodney im the one you are sending the xbox 360 to i would like to know what was the adresses you put

ME: UPS Ground tracking number: 1ZE37A770328467376
Was told you should receive it Wednesday or Thursday.
Please leave feedback once you receive your item and I will do the same for you, thanks!

ME: I took your address from your paypal confirmed address you had listed. This was the address that was given to me with the account you paid with. I just checked the UPS tracking number and it showed the package was attempted to be delivered to you twice, and then it looks like you've confirmed arrangements with UPS after a will call.

from paypal: June Abernethy
131-36 135 street South ozone park, NY 11420-3521 United States

HIM: I really am not satisfied with the xbox. Therefore I would really love to know if there is a way to get my money back. If you can get back to me ASAP. it would be great.
Thank you

ME: I 100% descried the XBox 360 in the condition it's in. I mentioned more than once, you should only need a new A/V Cable from Xbox in order for it to work, This is what I said was causing the red light, and this is what XBox has told me. There is no reason for me to accept your return and I shipped to the address you gave me. I'm sorry.

HIM: its not the wire that is broken it the hole box that is messed up and you never said that the xbox 360 was broken itself
Thank you

ME: I mentioned that when turning on the system, the lights blink red. I WAS TOLD B XBOX THIS WAS BEING CAUSED FROM A POOR CONNECTION TO THE AV CABLE. TO FIX THIS, PURCHASING A NEW AV CABLE WAS IN ORDER.

"Sometimes when the system turns on, the power lights will flash red. Microsoft has informed me this is just receiving a bad signal from the A/V cable and needs a new one."


HIM: yes i know that i got a new a/v wire i have one but when i called to get help by xbox they told me that the xbox360 has to be fixed because when im playing a game the hole xbox turns off and when i turn it back on it frezzes as soon as its trun on the xbox people told me that its going to be a $140.00 charge to fix it because there something wrong with it on the inside


ME: the information I gave you, is exactly what I was told by XBox. I obviously would have no idea of anything being "wrong" on the inside since I never got a new cable. There is nothing more I can do, what I informed you, is what I was informed by Xbox and they said that was the problem.

HIM: mr. greg hart i am the mother of rodney abernethy and the person' who paid for this purchase, you mislead my son in your description of the xbox on ebay and i think you should try to come to a compromise,i would rather not take legal action such as small claims court and reporting to ebay of your dishonest business dealings. i would appreciate you concerning working out a deal that would make us both happy thank you in advance

ME: I am very sorry for your sons actions. I have had perfect feedback and have never had any problems with EBay or it's members. Again, what I described in the EBay description is 100% the truth, what I knew about the system, and what XBox corporation informed me. If you have no more new and false towards me, I consider this matter closed. I apologize for your son's incompetence to the description's details.

HIM: there is a first time for everything , I also reviewed the ebay description you posted on ebay and I feel you misrepresented the product you were selling. you leave me no choice but to follow thur with my plan of legal action . So until further notice I, if I were you would not consider this matter closed.

ME: How did I in ANY way misrepresent my description?

 

two words you could have included would probably have prevented all of this. AS IS. say the item is being sold as is. then no worries. if the xbox still has a warranty than they should be able to get it fixed for free. i really think they have no case on you if this is taken to court.

 

If its the three red lights, that means the xbox is crapping out. Microsoft already knows of this problem and are fixing the systems for free. They just have to send it in and there shoudn't be a charge once they check the serial number. You warned them of a problem, so I think it becomes buyer beware.

 

Ditto tell them to suck a wet one. Not only what Jack said but you even included the information that how to fix a common problem with the 360. There is no way in hell she will win.

-But I do hope you have pictures of everything you listed and the condition of what it looked like before you shipped it. I've known people to be ********* and beat the **** out of things and blame it on the seller.

It sounds like a retarded 13 year old spoiled brat who suckered his mom into using her credit card. Which will screw her in the end.

 

Did you email Xbox? Or get the name of the person you talked to?

 

The buyer has you by the short-hairs. There are many legal issues at stake, including the fact that you had a transaction with a minor. Technically, on this basis alone, you can't legally bind anything to anyone under the age of 18 which I believe makes the entire transaction void if they want to reverse it. They don't have to disclose that they are a minor either.

Additionally, do not confuse "intentionally" missleading someone with actually missleading someone. You may have with good intention thought the unit functioned, but did you make a reasonable effort to ensure that it worked? I think in this case, the buyer has a right to protect himself.

Lastly, was the price representative of a working unit? Price alone, can be used to establish condition.

Be aware, some localities take selling on the internet very seriously. If I were the buyer, I would not take you to court, I would simply call the local police and have them pay you a visit. I was forced to do this if some of you recall last year and was shocked by the immediate, impactful results that I got. Even if it is determined that you are legally correct, being visited by a detective can be very motivating if you catch my meaning. Furthermore, some people wish to avoid the attention because of other isses they may have in their lives.

If I were you, I would ask the seller to return the item and simply give them their money back. I would negotiate, up front, they they post a positive comment to your ebay seller record even if they mention that there was a dispute but you resolved it. They should be responsible for return shipping costs.

You could always re-list the item and make your listing different the next time. Sometimes, the seller has to beware.

 

the kids mom paid for it with her paypal account so "paperwork" wise an adult paid for it.

if it took a crap then its a warranty issue and all they have to do is send it in to have it repaired. if i was the buyer and it didnt work i would be pissed and i would just send it back to the seller for a full refund. this happened with a cell phone i bought from ebay.

if you have the money then give it back once the xbox shows up in the mail.

the waterman is right

u have bad luck everytime you post it seems like something has gone wrong

 

+1...Be very careful because people can find anyway to screw you with internet fraud. My dads a detective and either him or another detective gets at least 1 case a week off ebay. It is mostly buyer beware but people can make cases if they really want to screw you.

 

yeh don't worry bout it...

after its over... and they lose

take them to small claims court for giving you a headache and wasting time that you could have spent workin...

make some more money off these shmucks

 

You can't enter into a contract with a kid even if you thought is was an adult.

For that matter, if the kid used mommies paypay account, then perhaps that nulls the deal anyway.

 

wouldn't she need to prove that he used it?

by using paypal... you sigh a contract that you and only you will use it and that you indeed are a legal adult

I suggest you read all the fine print on paypal and ebay...

 

Well, she would have to essentially say that the kid hacked into the account which woudl get the kid into trouble, so she would just say they she was the one that made the deal I suppose.

 

well that was over 200 bucks which makes it Grand larceny

which is also a felony... so... it'd be silly to accuse her son of Grand larceny!

 

He has a copy of the emails saying she payed for it. I dont think she has a strong case. Worst comes to worst is that he pays her back and he gets the box back.

 

Thats so messed up..lol

 

+1









kidding

 

what do you expect... he has secks with male prostitutes then kills them so they tell anyone...

especially his boyfriend...

remember when he stole his car... yup

his boyfriend would kill him

he wouldn't need to worry bout the fuzz

 

some of you might have seen my other thread on why ebay members **** me off.

This guy, which I now know is like a kid since his Mommy had to write me e-mails, sent me his Paypal payment with the Confirmed shipping address directly under the payment.

He then proceeds to leave me negative feeback because I shipped to the wrong address. DOI! I shipped to the CONFIRMED address he gave me!

I still feel I in no way did anything wrong. I simply stated the condition of the xbox and what was wrong with it. I've contacted Xbox and they told me it was because the AV Cable was not getting a proper connection to the XBox. Thus, a new AV Cable should solve the problem, as I've stated in the description.

I don't know what else to do or say to this person.

 

Tell the both of them to stop being a bunch of whiney little b***** and jam that small claims report up their a$$

 

Yeah I don't think you have to return anything. it's buyer beware on ebay, i've been screwed over before and the authorities won't do jack ****. they have better things to do than chase down a guy who sold his Xbox to a whiny kid on ebay.

 

I just thought of something, the only thing he/she knows about me is my ebay member name and my full name. I don't think it shows anywhere on EBay where I live, address, phone number, etc. etc., does it? Like no where that someone could look it up?

Ok, duh!, they have my address from the package I sent, sorry. lol

 

the product was not NEW which is the most important thing--they expected brand new quality, but you never said it was "like new"...the biggest thing also is the product was USED when you buy somthing used you usually expect imperfections not NEW quality. basically you stated very clearly it was in need of some type of maintenance/work/parts or w/e and that it was used, and blah blah blah...buying things on ebay is risky and that ebayer took that risk of buying a used product...OOOOOO FRIGGEN WELLL for her. also on your listing did you state anywhere that ther were no returns? or all sales final? even if you diddnt and decide to return it i would tell her that you will only refund 75% of the money, and she must pay for shipping!!

 

Well I haven't heard from them since Friday.

I've e-mailed back to them twice since then with no response. One of these e-mails was telling them about the so called red light problem. I told them I've done some research and looking into this. I've told them they need to call XBox and supply them with the serial number and they should fix the problem for free under warranty if this is the case.

 

I hadn't received any e-mails since the disagreement. However, I found that the guy filed a complaint or somethign through paypal on Dec. 8th and I never knew! Thank goodness I just saw it for it would of been closed on Dec. 28.

Here's what he left:

you sold me an xbox that doesnt work right the a/v cord was changed and the xbox360 still dosent work right when it do work it frezzes or it turns off by itself i would like a refound of my money and i will send your xbox360 back to you

Here is my response:

http://cgi.ebay.com/ws/eBayISAPI.dll...m=150061943953 That is the URL link to the Ebay item sold. I also have a detailed list of E-mail's exchanged from me (the seller) to the buyer. The Xbox360 was 100% described in the exact condition it was in. "Note, the HD A/C cable probably needs to be replaced. Sometimes when the system turns on, the power lights will flash red. Microsoft has informed me this is just receiving a bad signal from the A/V cable and needs a new one. If you would rather send it in to Microsoft, they will send you another system in the meantime while yours is being fixed." This was a direct quote taken from the Ebay description from the URL link I supplied above. When the Xbox 360 would turn on, the power button would illuminate red and the system would not work properly. I contacted XBox360 through phone and directly through their website. They informed me that the reason it was not powering on correctly, was because the HD A/V Cable was not getting a proper connection to the Xbox360 system. To resolve this, you just needed to purchase a new HD A/V cable I was told by Xbox. Instead of going through the hassle of ordering a new cable from Xbox, I decided to sell this system on Ebay. I described the condition of the system to the best of my knowledge. I relayed all of the information I received from Xbox to the potential bidders on Ebay. I was also told, that on the bottom of the XBox there is a serial number. Using this number, XBox can replace and/or fix the common "Red light" problem that many systems had. This fell under a warranty that Xbox had. I was informed all of this directly from Xbox. Again, I have copies of every e-mail exchanged from me to this buyer. I can certainly supply these to whomever needs to see them.


I also escalated the claim to Paypal. Since we aren't coming to a conclusion, a Paypal agent will review the case and decide the outcome.

I hope punctuation plays a role, lol.

 

well you didn't put any false information in your add... You gave an accurate detailed descryption... nothing else you can do...

That like me selling the opel GT in the garage with no engine and the buyer complaining it don't run...

lol

 

damn sounds like an inbred family. cant stand people that cause their own problems...if they would only READ and know what they were buying. if i was the deiciding person, id say the sale stands, then id go to the whiny familys house and bitch slap them for being unable to READ and confirm their correct address.

 

Yea, well, I transferred the funds out of Paypal into my bank account a few days after the sale.

Now I have -$505.00 until this is resolved. This is just a pain.