kiztope

Issue - I bought a Corsa CF intake from John (Jaki30 - https://www.corvetteforum.com/forums...52-jaki30.html ). The intake was found to be defective. After we agreed that the intake would be returned to him for a full refund, and the intake was already on it's way to him, as agreed, John decided to change his mind without warning.

In short - I'm now out $325 for buying a defective intake from him, plus the $48 I wasted in shipping it back to him. I just want to make sure folks are aware so that they don't make the same mistake....

Lesson learned - Don't expect someone to honor their agreement with you unless you can enforce it through a third party. I made the mistake of trusting him and not updating the Paypal case I opened up on the same day that I reported the issue to him. I shipped the intake on the 16th, and unbeknownst to me, the Paypal case that I was not paying attention to was closed on the 17th. I no longer had paypal's backing, and he decided that he no longer needed to honor his agreement.

Sad, but true.


Timeline and PM conversation below:


12/28/16 - Kiztope -

Hey John,
I've finally had time to unbox the intake to install it and noticed something concerning...
I noticed that there was a slight curve to the underside of the intake where the air filter attaches, but thought that maybe it was by design and that the rubber filter attachment point would curve to seal it.... that wasn't the case. Perhaps whomever installed the intake on your car must have over tightened the clamp when you had it on your car and that ended up malforming the intake itself....
The end result is that there is a gap between the rubber on the air filter and the intake itself, creating an inability to seal, thus rending the intake useless.
I'm assuming that this wasn't something you were aware of, but would like a refund on the intake. I'll happily ship it back to you.
The following pics were taken a few minutes ago. The clamp is loose. If you tighten the clamp at all, the gap simply gets larger. It was very difficult to show in the picture, but even in the gap that appears here, in person you can see all the way to the inside of the filter.
https://drive.google.com/file/d/0B3E...pUWUpZTTQ/view
https://drive.google.com/file/d/0B3E...g0bHVuS1U/view

I look forward to hearing from you.
Thanks!


jaki30 -
I had no problem with it on my car and was unaware there was any issue with it.
Please return it to me and I'll refund the purchase price through PP.
I apologize for any inconvenience. John

John H


01/13/17 - Kiztope -

Hi John,
Thank you for the reply, and I apologize for the delayed response! I will sadly send it back to you tomorrow. I was really looking forward to having this on the GS.
I'll send the tracking number as soon as I have it.

Thanks again,


1/13/17 - jaki30 -
Not a problem.
I think I will put it back on my car.

John

The rest of the convo is from 1/17/17, and into 1/18/17

Kiztope -
Forgot to send this to you yesterday - UPS Tracking number: 1ZE852R90366951517 (Item was shipped on 1/16)


jaki30 -

The time window expired for returns.
PayPal closed the case. The intake is yours. Sorry. John


Kiztope -
Why would I update the case? We've had ongoing communication. I didn't think I needed to push this through them. The intake has already been shipped back to you, per our agreement. I'd appreciate it if you'd honor it.



jaki30 -
I would have to pay for it since the money was released back to me. Why did it take so long to file a claim? I responded immediately. That was the 3rd week of December. The 3rd week of January it is now coming back? I thought I was being reasonable. Now I feel I was being used. I was told to refuse the shipment and it will be sent back to you. John



Kiztope -
It took so long because my grandmother (with whom I was very close) got sick and passed away, resulting in my wife and I spending every weekend between the weekend before Thanksgiving and through Christmas driving back and forth between Austin and Houston, and spending the rest of the week trying to catch up with missed work days and things necessary to having Twin girls due in a few months. I reached out to you about the issue the day that I actually opened the box you sent me. I hadn't even had time to look at it before then. There was no "using" of you at all...

I just don't understand why you'd completely flip your position 2 days after saying "Not a problem" in response to my apologies for the delays...

I shipped it back without asking you for reimbursement of the $47 shipping cost. I'm just asking that you honor our agreement to refund the initial $325 I sent you.

Regarding payback, you could just use the "gift" method to send the money back... Paypal doesn't charge either party for those transactions.



jaki30 -
Daniel, I am sorry to hear about your grandmother.
However that doesn't mitigate the fact that you have waited to the last possible minute for both filing a claim and returning the intake.
By waiting for the close of the claim, the PP fee is now unrecoverable. As for the $325, I spent almost $30 to ship it as well as the PP fee.
So, I didn't wind up with $325.
Since you now own the Corsa, I, despite my better judgement, will offer to buy it for $275 shipped to me. My only other option is to refuse the shipment and it will go back to you. If you agree with my offer, state so in a PM and send me your PP address.
This is coming out of my personal account and does not offer Family and Friends/Gift transfers.
That is the best I can do. Let me know ASAP. John



Kiztope -
John... I must say that I'm really surprised. You made no mention of any of these concerns during this entire process. Why did you wait until the intake was already shipped out to you to say something?
The story is this - You sent me a defective intake. We agreed that it would be returned for a refund of $325. I returned the intake as agreed.

Why sacrifice your integrity by choosing to go back on your word and commitment now?



jaki30 -

Daniel,
That intake was removed from my car in full working condition. I had no problem with it.
I made what I feel was a reasonable offer under the circumstances. I have been on the forum for years and sold dozens of items (including a 2014 2LT Corvette convertible the first week of November). I have done so without any complaints or returns as I feel I treat people as I would want to be treated.
If you do not want my offer, fine. You talk about communication, look at the forum record. You bought the intake, I shipped it and never heard a word for almost a month. I responded to your complaint within an hour and told you to send it back. That was the 3ed week of December. Never heard again until January 13th.
I think I am being fair. It is your option to accept it or decline. I will simply refuse delivery and you can have it back. John


Kiztope -
You keep going back to dispute the initial circumstances of the mutual agreement to return the intake... we are already past that stage. You agreed to refund the money, I returned the intake as agreed. There was no mention of urgency.
You mention treating others as you'd want to be treated... I'm surprised you want to be treated in such an underhanded way, but ok.

You've told me that you will not honor our agreement, based on your arbitrary decision that you've been wronged, despite not mentioning any concerns up to now. Regardless of your track record, you're choosing to be dishonest this time. You saw your "out" when paypal sent the closure note on the 17th, despite the intake being shipped to you on the 16th, and you've backed out of your commitment and taken the "out". Not only that, you're trying to re-negotiate the deal after I already sent you the intake!

I'm shocked and saddened that you could possibly feel good about how you're handling this transaction.


jaki30 -
Daniel,
I do NOT feel good about the situation. You keep mentioning that I backed out of the deal. I understand your circumstances, however, I find it difficult to believe you were unable to contact me via a simple PM to let me know what was going on. You appear to have time to simply PM me when deadlines were at hand.
I have made a conciliatory offer trying to be reasonable.
For some reason, you do not want to accept the offer made. That is your choice. The package will be refused and returned to you. I am truly sorry. John


Kiztope -
John,
The decision to back out of our agreement is 100% your decision. If you could point to a single mention or a single hint from you that you were concerned about the delivery time or my frequency of communication, then I would concede. You made no mention of such a concern. You are clearly making the decision to change our agreement after finding out that PayPal closed their case (which I didn't bother updating, since we were corresponding directly).

In any case - you've clearly made up your mind that you're not going to honor our agreement. It's a lousy thing for you to do, and I'm very dissappointed that you're holding onto such a position. I'd expect a kid to do this, but not an adult... much less one nearing retirement. I see no need to continue to discuss this further.

Thanks.



jaki30 -
I am sorry you feel this way.
I have made an offer to try to satisfy both parties.
You appear to be willing to take the all or nothing approach. That is your decision.
I really do feel badly, but, it is your decision to end the conversation.

1968swbbigblock

My advice - when you buy something open and inspect the day it arrives.
Their are laws in place thanks to the teamsters that mandate how and when claims can be filed.
Be prompt in your actions if you need to file a claim, complain, return an item whatever it is.
Communication is KING.
On the other side - when you sell something pack it well, take 360 degree photos to protect yourself from unscrupulous claims, ship it promptly and again communicate well and quickly.

robert miller

Still the seller here is not much of a guy in my book. He got it back did say he would give money back. Just my 2 cents. Robert