I posted this in the General section as well, but wanted opinions from you guys.

OK, I need your opinions on something. Here's a brief rundown:

I was talking with person A in Canada about some used Michelin XL's. She quoted me a price. Then she tells me that she has an auction on eBay for a lot of 11 tires. I am the only bidder and win the auction for the reserve amount (which she had told me). The lot was for 11 tires, all in serviceable condition. Tires are located at person B's place of business in California.

When I talk with person B about shipping, he informs me that some of the tires are questionable. He personally checks them out, and out of the 11 tires, only 7 are actually usable.

I call person A and explain the problem. She informs me that I got a really good deal, even if only 7 tires are good. She offers to refund the full amount or I can keep the 7 tires. Basically, it's "All or nothing". So I say, OK, send my $$ back (I paid with a money order that was since long cashed).

She replies, I have someone that is willing to pay much more for the tires, let me check with them first. She calls me back and says they didn't need the tires, so she'll make good on the bad tires.

We discuss shipping, and I tell her to get me a quote, and I'll just pay the difference between my refund and actual shipping costs. I then find out that I can get them shipped via my company and the owner will pay the freight for me. Woo Hoo! So I call person A and leave a message that I no longer need the shipping quote, please call me regarding the refund for the bad tires.

I hear nothing from person A for two days. She then calls me back and says that she can't afford to lose money on the deal and she won't refund any money, and she has a buyer for the tires. At this point, I'm tired of fawking with it and said, fine, just send me my money.

Then I start thinking about the fact that she agreed to refund me for the bad tires and then is still attempting to find a higher paying customer for the tires. I get pissed.

I call person B and tell him to ship the tires, and informed him of what was happening and fax him proof that the tires are mine and paid for.

I then leave a message for person A that I am keeping the tires and she needs to call me regarding the refund, and that it's up to her to send me the $$.

Here's my question. Do I just consider myself lucky for getting a set of Michelin's at a good price, and say screw it, or do I pursue her for my refund, which should be approximately $200? I don't want to start listing names if it's not warranted. What do you guys think? I don't want to come across as a whiney bitch here!

Hey bitch! :flipoff2:

Get the tires. Check them out, wait a few days and catch your breath and *then* decide what you're going to do.

Personally? I think I'd go after the $$$ but only after the tires were in my greasy little hands.

If she's renegging on a deal (I'm afraid I'm not familar with that term???)and has agreed to give you a refund, then you need to hold her accountable and see that she pays you.

At some point you need to decide if you're trying to squeeze blood out of a turnip or if you'll ever see the $$$.

Don't get me started on this one. Ever hear of the company called 'Roverworks' from New York? They bilked me and a couple dozen other folks for over 300K about 8 years ago. Doh!

Back to you...

I think that you need to get the tires, take a good look at them, decide for yourself weather or not you got a good deal 'even if only 7 of them are good', then go after her.

Do everyone on the net a favor and keep names anonymous. It seems that no matter which side you are on, when you take it more public than you have, you always sound like a whiney bitch. So, kudos for your restraint. It doesn't hurt to set up the scenario, but keeping people's names out of it helps to legitimize your beef (IMO) by keeping you above the mud-slinging phase.

Good luck!

Thanks. The tires are on the road headed my way, so I'll let everyone know how they look.

Yeah, I'm not into the mud-slinging anyway. Just wanted to bounce it off some of you to see if I had a legitimate case. Thanks for the input.

Greg,

I agree with Michael. But i would pursue the money, becuase it sounds like Person A is just fawking around and trying to find out how much money the tires would bring, This has happened to me before too. Once you get the tires i would raise hell!:flipoff2:

Brad (not tall Brad)

heres how i see it.

you bought 11 SERVICEABLE michelins.

you got 7.

person A agreed to refund the money on the other 4.

person A backs out of the refund, leaving you on your own.


basically, it is THEIR fault for not inspecting the tires (or even having custody of them) before selling them and accepting payment. so THEY should take the hit. why you? you bought 11 serviceable michelins. if you only get 7, you only pay for 7.

The seller misrepresented the auction. Then after you won the auction, the seller dicked you around about a refund/another buyer, etc. Report this to Ebay and slam the seller with negative feedback. Doesn't matter if you keep all the tires, or only the good ones, the seller made the first mistake by misrepresenting the merchandice.

I agree...Fawk the bieatch!

--D

uh, what rockrover said.















of course, i would've called them a scum sucking nippless whore.

j

Well, the saga continues. She responded via e-mail and contends that she offered to refund my money in whole, and still will, because she can sell the tires for more, but she doesn't feel she should refund part of the money. Anyway, I sent a nice reply;

"XXXXXXX, my only problem with that is when you found out you didn't have a buyer (the first time you tried), you agreed to make good on the unusable tires. That $$ was going to go towards the freight bill. Do you remember that conversation? Why the sudden change?

Your description on eBay clearly stated that one tire was 50% and the other 10 were 85% or better, and would be great for someone wanting two sets of tires. You can't get two sets of tires from just 7 usable ones. Tread depth is one thing, but torn and ripped beads is another. There's no way they could have been used, and your description did not say "As Is" as far as being usable. They were not accurately represented.

Like I said before, I'm not trying to make enemies or cause you to lose money, but I honored my agreement by meeting your reserve price. Your part of the agreement was not honored because I did not receive 11 good tires as described.

In all sincerity, I would not hesitate to refund a portion of someone's payment if the product were not as advertised. I have refunded money many times for lesser reasons. It's just good, honest business.

This is what I feel would be fair. Divide the purchase price ($500) by eleven (approx $45 per tire). Multiply that by the four tires that were not any good, and you get approx $180. That's a lot of money, and I'd be willing to compromise some ($150), but I don't think that I should have to absorb the entire amount.

Again, you are getting caught in the middle because I don't think you had ever seen these tires, and were probably going on the information given to you by the original seller. I would recommend that you confront them about this. Ask XXXX; the four tires, if seen, could in no way be considered usable. You were mislead, and inadvertently mislead me. An honest mistake, but not one I should be responsible for."

So I should hear from her again. I'll keep you guys posted.

Ok, dont take this the wrong way, this post is NOT any kind of judgement call on whats going on (I probably read it wrong anyway). Just another perspective. (I would be upset with the whole situation as well as well)

-The lady is wrong in representing the tires. She is also wrong for telling you she'd give you a refund then going back on what she said. However, she did tell you she couldnt afford to refund the difference (whether thats the truth or not) and it was up to you if you wanted them all or not for her price.

-You went ahead and told her to send the money back, but then you call this other guy to have the tires shipped to you anyway, unbeknownst to this lady? I'm not sure thats so cool either.

Anyway, maybe I read it wrong, but it sounds like a mess and everyones getting unhappy. No matter how straightforward you are or willing to comprimise it is IMPOSSIBLE to make some folks happy. AND no matter how straightforward and honest you are, there is always someone who will say nasty things about you behind your back when the deal is done. Case in point I sold a part once and the buyer demanded I send all his money back AND he be allowed to keep the part or he was going to tell everyone he could I was a bad guy I sent a partial refund (about 40%) . . . sometimes you have to draw the line and say hey, I did all I could. The guy went ahead and badmouthed me.

-Anyway I hope everything works out well for you
-Regards
-Ike Goss

Ike, thanks for the response. I have spoken to her, and she claims that she never promised to refund for the bad tires. Long story short, she offered to refund all of my money, or none of it. I still wanted the good tires, but bought them basing it on getting two sets of usable tires.

She and I cannot come to terms about the agreement. I'll just wait and see how good the tires are that should be arriving this week. Hopefully they'll be nice and I'll consider myself lucky to get the six. If they are as nice as they are supposed to be, I still got a good deal.