Need some help please regarding a set of wheels that I bought(got scamed)...

[drewgold]

I recently purchased a set of wheels locally(Calgary) from a person on the Beyond forum. I checked out the wheels and they looked like they were in ok shape. They had obviously been refinished but I wasn't too concerned about that. When I got them home, I noticed two things.
1. One of the tires didn't match the other three(and was also on the rim backward) which the guy failed to mention and I missed initally as it is a similar tread pattern but with AWD it is a big problem!

2. I then put the wheels on and took them for a test drive I noticed a vibration, so went and had them balanced(and the tire flipped around for the time being) but they still had the vibration. I then had them checked on a Hunter balancing machine the other day and three of the four wheels are bent with radial and lateral runout, two are very bad! (0.092")

Now here's the thing, when I bought the wheels, I asked the guy flat out if the wheels were straight and true and he said yes. Which they obviously aren't. I called him and told him that the wheels were bent and he basically said that it wasn't his problem. I told him that I wanted my money back and he just kept saying that he didn't know the wheels were bent (which I find hard to believe,there's quite a serious wobble) and that it's buyer beware etc. He didn't even apologize!

Is there any legal action I can take here or do I have any other options? Or am I just screwed?
The wheels are the Audi RS4 style wheels.


I checked into having the bends fixed and I'm looking at $100.00 or more per wheel! Plus another $80.00 per wheel to have them refinished as they'll probably get scratched up from the straightening process.

On top of this all I discovered later that the picture in the ad was stolen from another Audi driver and wasn't a pic of the actual wheels as well the ad stated that the tires were worth $210.00 each new but I have been told that they are some of the cheapest tires on the market! (Champiro) At most these tires are $100.00 a piece.

This has just been a huge headache for me and I'd really appreciate some help from you guys.

Thanks for any input!

[QuasarCav]

http://forums.beyond.ca/showthread.php?s=&threadid=130129&highlight=RS4

[shakalaka]

The only legal action is breach of contract. But I am assuming you guys don't have any written contract, so the only option is verbal contract. They can as well be upheld in the court of law IF you have a witness or some sort of proof.

Or maybe you can get him charged under the Fraud or Misrepresentation Act. If he actually didn't know if they were messed up wheels, it would be Innocent Misrepresentation, if he did then it Fradaulent Misrep. Or it just could be Negligent Misrep. The onus of proof is on you that which one it was, then it is upto the defendant to prove it otherwise. If it was Innocent Misrep. the court would issue a Rescission, which pretty much puts the parties in their original position where they started from. In case of Fradaulent this would be the case,
Misrepresentation Act 1967

s.2(1) Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable, notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable grounds to believe and did believe up to the time the contract was made that the facts represented were true.
So in this case you would be granted damages, i.e. to compensate your loss.
But if it was not fraud, then s2(2) would be applicable.
s.2(2) Where a person has entered into a contract after a misrepresentation has been made to him otherwise than fraudulently, and he would be entitled, by reason of the misrepresentation, to rescind the contract, then, if it is claimed in any proceedings arising out of the contract, that the contract ought to be or has been rescinded, the court or arbitrator may declare the contract subsisting and award damages in lieu of rescission, if of opinion that it would be equitable to do so, having regard to the nature of the misrepresentation, and the loss that would be caused by it if the contract were upheld, as well as to the loss that rescission would cause to the other party.
Results can be several, but it all comes down to whether you can prove it or no. Either way if you wanna take a legal action give me a PM, I can give you contacts of some big lawfirms in Calgary. You can talk to them and consult them about your standing. But the question to ask is, if it's worth all the hastle and money over a small issue like that.

Btw: This act is for UK, but I am sure that it is the same for Canada.

[R-Audi]

I dont think there is any excuse for this personally... whether you know or not that the wheels are bent the seller should be willing to work something out.
Whether or not it is a complete refund or giving whatever money back it would cost to repair the wheels.. that should be left up to the buyer.

Other then that.. I guess small claims is the next step. Im not sure if using a stolen picture would classify as internet fraud or not....

Best of luck!!!

(Im guessing that searching the forums would show who was selling "Audi RS4 wheels"......)

<edit.. guess someone already posted the link.. time to step up Biggie!>

[benyl]

haha, I knew I smelled scam when I saw that post. They probably aren't the real thing either.

I think you could take him to small claims court.

[SilverBoost]

You might be SOL on this one...... I mean, are you gonna spend even more money for legal action? It is possible that he didn't realize they were bent. Most people only know a wheel is bent if there is a visual wow in the wheel, but some of us know that some bends are hard to spot until you haev it off the car and spnning on a balancer or something.

Yeah, morally he could work something out with you, but legally it's a tough call because I'm pretty sure all you guys have is a verbal contract saying I have X wheel, and you agree to buy X wheels at X price. If you had signatures unde a letter stating that they were to be perfectly straight at the time of purchase or you
d get a refund then yeah you might have something. As for the tires, well you missed that one was different when you bought them so you may not have anythign there either.

Sorry though, it's still a shitty situation when you get a raw deal.

[D. Dub]

That seller should do something for you.

Even if he didn't know....so what??!?!!? He represented them as being functional and in good shape.

Pretty low to not give your money back....

Hopefully karma will catch him with his dick swingin in the wind sometime.

[drewgold]

Thanks everyone for your replies, I'm tied up tonight but will give some more detailed replies to your posts tomorrow.

[R-Audi]

Well Biggie came onto Eurodrivers where he also had them posted.. replied with much of the same. They were used wheels and he didnt know, not his problem, then came out the insults....

Drew, your best bet is small claims court!! Maybe that will teach him!\

<edit> Here is the post:

"What's your piont , I don't have a digital camera, so I used some pictures from the internet to post my add! You are a looser, I bought my car with the wheels that I sold to drewgold and I am sorry that he was not happy with them but that is none of your business. They were used wheels. Oh yea and did I mention that you are a LOOSER. Mind your own business..didn't you learn that in ...what was it...grade 4! Guess not LOOSER"

Thks Biggie!

[Mitsu3000gt]

LOL, he can't even spell.

I would definately take him to small claims court.

I believe the U of C has law students that will be your lawyer for free if you send them your case.

Mark

[slickk]

Originally posted by drewgold

Is there any legal action I can take here or do I have any other options? Or am I just screwed?

I think you're screwed but you always have options. If the guy flat out lied to you and you can't prove it I don't think you'll get very far in court and you'll only be wasting more time and money. Think of another way you can settle the score...

[D. Dub]

No way go small claims...more than likely you'll get some compensation as long as you have proof from a wheel "expert" that the wheels are tweaked.

I mean..why would the buyer intentionally buy bent wheels?? It's logical to assume that the seller represented and sold them as functional.. and that would show in court.

Even the original sales post says they are in good condition!!!

[drewgold]

They actually are OEM but not RS4 lke he was originally trying to sell them as. Audi lists them as A4 RS4 type wheels.


Originally posted by benyl
haha, I knew I smelled scam when I saw that post. They probably aren't the real thing either.

I think you could take him to small claims court.

[drewgold]

I know, I was shocked when he expressed little or no remorse for having ripped someone off. I was willing to give him the benifit of the doubt and assume that he didn't know they were bent, When I called him I made sure not to accuse him of anything so he could play it off as an honest mistake and refund my money. I'll have to give him another call and see if maybe he'll settle for paying to have the wheels straightened.


Originally posted by D. Dub
That seller should do something for you.

Even if he didn't know....so what??!?!!? He represented them as being functional and in good shape.

Pretty low to not give your money back....

Hopefully karma will catch him with his dick swingin in the wind sometime.

[Hakkola]

First things first, give the guy negative feedback so nobody buys from him.

[R-Audi]

I think mods shouyld induce some sort of IP banninng if it is proven that someone ripped off another member.


I would like Biggie to post and at least try to represent himself.. he certinaly screwed himself out of the Eurodrivers market..

[D. Dub]

here here..absolutely...acting like a scumbag should have consequences

[drewgold]

I do plan on leaving negative feedback for him but thought I'd give him a few more days to make things right.

Also sorry for the sparratic replies, the DSL is down in my area and I'm 'borrowing' someone elses wireless signal but it's only working on and off.

[R-Audi]

Drew its pretty obvious from his posts on Eurodrivers that he has absolutely no intentions of making things right. If he does I retract all statements, but here is the latest that he spouted of on E.D..

" You have no idea what you are talking about and Turbonium makes a steller piont, that this is not WALMART. If you can't accept responsibly for your action or if you didn't do the research your like a blind man picking out his favorite porno. Now stop bickering back and fourth, trying to decide who's right or what should be done. if you don't know what this means then look it up

!Caveat Emptor! ENOUGH SAID!!!"

Research? He sent STOLEN pictures. Depending on how badly the wheels were bent, there is no way of telling without mounting them or taking them to a shop like he did afterwards.


Does this sound like someone with any remorse for selling you a bum product? From this I would guess he knew the wheels were bent, and went on hoping you didnt.
Take this a$$hole to court, and get your money back!

Link to Alberta Small Claims Court info (http://www.albertacourts.ab.ca/go.aspx?tabid=410)

[D. Dub]

Originally posted by R-Audi


Does this sound like someone with any remorse for selling you a bum product? From this I would guess he knew the wheels were bent, and went on hoping you didnt.
Take this a$$hole to court, and get your money back!

Link to Alberta Small Claims Court info (http://www.albertacourts.ab.ca/go.aspx?tabid=410)


Exactly he represented them on Beyond as in "good condition" in writing. They aren't...sounds like a slam-dunk judgement to me.

Although he erased his sales post now...I hope you saved it like I pm'd you to do a few days ago!!!!

If not contact the moderators and see if you can get a transcript.

I'd nail this guy in court you have nothing to lose and everything to gain.

[infected]

Sorry to hear about the bad deal, but it all comes down to buyer beware. The seller is being a jerk but there is nothing you can do about it with no written agreement. I'm sure if you take this to court you'll only be throwing more money out the window, if you're lucky and somehow win the case then what? You'll get back your two grand or so and the seller will probably get a fine or something. Yippy, you just wasted God knows how much time for such a small amount of money. Time is money, I know you may be very angry and money could be the least of your worries and you'd just like to do something about the seller but what goes around comes around so there's nothing to fuss about. Just take the money you payed for the wheels as a lesson that there's a lot of people out there that aren't completely honest and it's up to you to watch out next time. Just forget about it and fix the rims and life goes on.

[D. Dub]

There was a simple and gross misrepresentation of the wheels as in good shape.

What time does it take?? A couple hours to file and one day in court?

[googe]

That should be an easy small claims case if you have the inclination to follow up on it. Buyer beware is pretty much BS, it is indeed illegal to sell someone crap, especially if you knowingly misrepresent something.

[drewgold]

Yes, I did save a copy of the sale post to my computer. I guess I need to know what kind of $$ i'd be looking at to take this guy to small claims court? Can anyone give me a ballpark figure? It is true, it may not be worth my time. However, I know this guy still lives with his parents and I'm guessing that mommy and daddy wouldn't be too happy having someone show up at their door to tell their son he is being sued! I'll have to give this some thought over the next day and try to find out the details on small claims court.


Originally posted by D. Dub



Exactly he represented them on Beyond as in &quot;good condition&quot; in writing. They aren't...sounds like a slam-dunk judgement to me.

Although he erased his sales post now...I hope you saved it like I pm'd you to do a few days ago!!!!

If not contact the moderators and see if you can get a transcript.

I'd nail this guy in court you have nothing to lose and everything to gain.

[drewgold]

That's a good idea, I'll have to follow up on that!


Originally posted by Mitsu3000gt
LOL, he can't even spell.

I would definately take him to small claims court.

I believe the U of C has law students that will be your lawyer for free if you send them your case.

Mark

[googe]

about $75, but you get that back if you win.

[D. Dub]

It only costs a couple hundred bucks to file. Serve him the court papers and offer to settle out of court for your money back.....if he's still a jerk....

Nail his ass!!!! Besides it'll be fun :devil:

This link lays out the process.
http://www.albertacourts.ab.ca/pc/civil/publication/collecting_your_judgment_in_alberta.pdf

[drewgold]

I do have his home address if anyone is interested in expressing what you think of him in person....

[gsrintegra]

Well let's see... there's lawyer fees, court fees, and a waste of time which is your own fee for having to go to court take time off work, waste a day on gas, and even for such a small deal I wouldn't waste my cars kilometers on it. I know you're trying to get something back but look at the difference of opinions. When suing there are no guaruntees especially with a case like this. First you have to find a lawyer and a judge that wont laugh at you when you bring the case to small claims court. And if you're lucky enough to find that it's too much money wasted for such a terrible reason I'm surprised you can support yourself let alone talking about this guy living with mommy and daddy you have no room to talk if this is the sort of stuff you waste your time on. Don't go to court unless you are 100% sure you can win and in this case you are asking strangers in a forum for advice on whether you can win or no so I'd say your definately not 100% sure you can win. Therefore don't waste your time and money on a 50/50 chance. You ran into a bad deal it happens. Just feel lucky that it wasn't a car you bought that was a lemon and it was only wheels... I assume you own an Audi from the post in your forum... O too late you already bought the lemon...

[schurchill39]

Originally posted by gsrintegra
Well let's see... there's lawyer fees, court fees, and a waste of time which is your own fee for having to go to court take time off work, waste a day on gas, and even for such a small deal I wouldn't waste my cars kilometers on it. I know you're trying to get something back but look at the difference of opinions. When suing there are no guaruntees especially with a case like this. First you have to find a lawyer and a judge that wont laugh at you when you bring the case to small claims court. And if you're lucky enough to find that it's too much money wasted for such a terrible reason I'm surprised you can support yourself let alone talking about this guy living with mommy and daddy you have no room to talk if this is the sort of stuff you waste your time on. Don't go to court unless you are 100% sure you can win and in this case you are asking strangers in a forum for advice on whether you can win or no so I'd say your definately not 100% sure you can win. Therefore don't waste your time and money on a 50/50 chance. You ran into a bad deal it happens. Just feel lucky that it wasn't a car you bought that was a lemon and it was only wheels... I assume you own an Audi from the post in your forum... O too late you already bought the lemon...

:whocares:
motion for ban

[googe]

Originally posted by gsrintegra
Well let's see... there's lawyer fees,
wrong

court fees,
wrong

and a waste of time which is your own fee for having to go to court take time off work,
not necessarily

waste a day on gas,
wtf?

and even for such a small deal I wouldn't waste my cars kilometers on it.
wtf x2

I know you're trying to get something back but look at the difference of opinions. When suing there are no guaruntees especially with a case like this.
basically wrong

First you have to find a lawyer and a judge that wont laugh at you when you bring the case to small claims court.
wrong

And if you're lucky enough to find that it's too much money wasted for such a terrible reason I'm surprised you can support yourself let alone talking about this guy living with mommy and daddy you have no room to talk if this is the sort of stuff you waste your time on.
other peoples financial situation isnt your business, if he wants his money back thats his choice.

Don't go to court unless you are 100% sure you can win and in this case you are asking strangers in a forum for advice on whether you can win or no so I'd say your definately not 100% sure you can win.
especially ones that think you use lawyers in small claims court

Therefore don't waste your time and money on a 50/50 chance.
no sane math can evaluate this to a "50/50 chance", youre making up numbers

You ran into a bad deal it happens. Just feel lucky that it wasn't a car you bought that was a lemon and it was only wheels... I assume you own an Audi from the post in your forum... O too late you already bought the lemon...

this is probably the guy you bought the wheels from :rolleyes:

[glennc]

Originally posted by googe
Originally posted by gsrintegra
Well let's see... there's lawyer fees,
wrong

court fees,
wrong

and a waste of time which is your own fee for having to go to court take time off work,
not necessarily

waste a day on gas,
wtf?

and even for such a small deal I wouldn't waste my cars kilometers on it.
wtf x2

I know you're trying to get something back but look at the difference of opinions. When suing there are no guaruntees especially with a case like this.
basically wrong

First you have to find a lawyer and a judge that wont laugh at you when you bring the case to small claims court.
wrong

And if you're lucky enough to find that it's too much money wasted for such a terrible reason I'm surprised you can support yourself let alone talking about this guy living with mommy and daddy you have no room to talk if this is the sort of stuff you waste your time on.
other peoples financial situation isnt your business, if he wants his money back thats his choice.

Don't go to court unless you are 100% sure you can win and in this case you are asking strangers in a forum for advice on whether you can win or no so I'd say your definately not 100% sure you can win.
especially ones that think you use lawyers in small claims court

Therefore don't waste your time and money on a 50/50 chance.
no sane math can evaluate this to a &quot;50/50 chance&quot;, youre making up numbers

You ran into a bad deal it happens. Just feel lucky that it wasn't a car you bought that was a lemon and it was only wheels... I assume you own an Audi from the post in your forum... O too late you already bought the lemon...

this is probably the guy you bought the wheels from :rolleyes:

:clap:

[drewgold]

[i]this is probably the guy you bought the wheels from :rolleyes: [/B]

I'd say the odds are better than 50/50 on that!
Especially considering that I talked to him on the phone yesterday and made him one last offer to avoid a court appearance. I told him that if he were willing to pay to have the three bent wheels straightened I would drop this and it'd be the last he'd hear of it. When he refused I then informed him that my only remaining option is to take him to small claims court so I guess I'll be seeing him in court!

[gsrintegra]

To all of those guys out there who are saying I'm wrong on all of these measure from my post... First off it does cost money in the long run it does cost time and you say it's none of my business well if you guys are busy talking about rights and the law then I have the right to voice my opinion. I'm just saying that in the long run it's a waste of time and money for such a small sum when there are no guaruntees that you will win. And if you don't then it was all for nothing. There is from what I can see on here no bill of sale nothing in writing and no witnesses all they have to go on is heresay from one party and heresay from another. At the end Drew bought the wheels and didn't ask for anything in writing and had no witness so how is he going to back himself up in small claims court? And for those guys as well that think I'm the guy that sold them... I'm not I just thought it was so funny that this is going to court and that such a big deal is being made over this that I had to say something because it's honestly hilarious. No I'm not the seller. Just a guy with common sense.

[gsrintegra]

Oh and one more thing... To whoever said you you don't use lawyers for small claims court... Where do you think you get legal council to take the guy to court from? Not a forum... Lots of people do get lawyers for small claims court to decide what the should get claims for and if they can... Also if this guy is asking people on a website he doesn't know about whether he'll take this guy to small claims court or not. You better believe he's going to a lawyer. Don't think he's taking lagal advice from people in some forum, especially when everyone has different views on the whole thing...

[Moonracer]

--Drew, I don't know if you have inquired yet but it will only cost $100 to file a claim at small claims court. You don't need a lawyer for this, just get all your facts together and prepare yourself well. You may even be able to use his for sale threads that he has posted also. Goodluck!

[SilverBoost]

Not to shit on a parade again, but the "facts" are all heresay. There is only word of mouth, no written contract. They are bought where is, as is, and you better believe people will change thier stories when they are in front of a judge anyway to save their ass. You have one person's word against another. To the best of this guy's knowledge the wheels were straight, (so he said). He never provided any written document syaing that they had been confirmed straight. They were "assumed" straight. So the buyer is taking his unprofessional opinion on that information. If the buyer had any concerns, he should have got it in writing, or asked to have them checked before he purchased them. Same as when a buyer has an inspection done before they buy used. Because it's the only way to prove there are things possibly wrong with the car.

I'll be very very very surprised if the buyer here gains anything by bringing it to small claims court.

And what if you do win? Then you have to go about getting the guy to actually pay the cash. Just because the court says, "Yeah, this guy misrepresented the condition, (knowingly) and he owes you a refund", it's not like they make him sign a check there on the spot. I've heard of people winning a claim and never being able to actually get full repayment on that claim.

Anyway, if you've got lot's of time on your hands and you don't care if you blow a few hundred bucks trying to fight this. (time off work as well to make the court date(s) ) then go ahead. I'd like to see the results. And don't get me wrong, I'm not against you or with the seller here or anything, Im just stating an objective opinion on the whole court thing and it's usefullness here.

IMHO, you'd be better off using your money to get the wheels straightened if you actually like that style that much, and chaulk it up to another life-experience.

I mean it sucks that you feel you got ripped off and that maybe the condition was misrepresented, but shit happens, and truthfully (not taking sides again) there's more you could have done to cover your ass here, and you simply took someone's unprofossional opinion on the condition, so I don't think you've got much of a case. And if it were me, I'd be even more furious in the end if I spent the time and effort to take this guy to court and "lost" on top of it all.

Just my 2 cents man, but good luck with it all just the same.

[Moonracer]

Originally posted by SilverBoost


I'll be very very very surprised if the buyer here gains anything by bringing it to small claims court.

And what if you do win? Then you have to go about getting the guy to actually pay the cash. Just because the court says, &quot;Yeah, this guy misrepresented the condition, (knowingly) and he owes you a refund&quot;, it's not like they make him sign a check there on the spot. I've heard of people winning a claim and never being able to actually get full repayment on that claim.

Anyway, if you've got lot's of time on your hands and you don't care if you blow a few hundred bucks trying to fight this. (time off work as well to make the court date(s) ) then go ahead. I'd like to see the results. And don't get me wrong, I'm not against you or with the seller here or anything, Im just stating an objective opinion on the whole court thing and it's usefullness here.

IMHO, you'd be better off using your money to get the wheels straightened if you actually like that style that much, and chaulk it up to another life-experience.

I mean it sucks that you feel you got ripped off and that maybe the condition was misrepresented, but shit happens, and truthfully (not taking sides again) there's more you could have done to cover your ass here, and you simply took someone's unprofossional opinion on the condition, so I don't think you've got much of a case. And if it were me, I'd be even more furious in the end if I spent the time and effort to take this guy to court and &quot;lost&quot; on top of it all.

Just my 2 cents man, but good luck with it all just the same.

:werd: However it is for the judge to decide but yeah if he does win then goodluck collecting from him anyway. For that amount of money it's not worth it really. But if he just wants to do it for himself then he will learn a lot at the very least.

[drewgold]

Originally posted by SilverBoost
Not to shit on a parade again, but the &quot;facts&quot; are all heresay. There is only word of mouth, no written contract. They are bought where is, as is, and you better believe people will change thier stories when they are in front of a judge anyway to save their ass. You have one person's word against another. To the best of this guy's knowledge the wheels were straight, (so he said). He never provided any written document syaing that they had been confirmed straight. They were &quot;assumed&quot; straight. So the buyer is taking his unprofessional opinion on that information. If the buyer had any concerns, he should have got it in writing, or asked to have them checked before he purchased them. Same as when a buyer has an inspection done before they buy used. Because it's the only way to prove there are things possibly wrong with the car.

I'll be very very very surprised if the buyer here gains anything by bringing it to small claims court.

And what if you do win? Then you have to go about getting the guy to actually pay the cash. Just because the court says, &quot;Yeah, this guy misrepresented the condition, (knowingly) and he owes you a refund&quot;, it's not like they make him sign a check there on the spot. I've heard of people winning a claim and never being able to actually get full repayment on that claim.

Anyway, if you've got lot's of time on your hands and you don't care if you blow a few hundred bucks trying to fight this. (time off work as well to make the court date(s) ) then go ahead. I'd like to see the results. And don't get me wrong, I'm not against you or with the seller here or anything, Im just stating an objective opinion on the whole court thing and it's usefullness here.

IMHO, you'd be better off using your money to get the wheels straightened if you actually like that style that much, and chaulk it up to another life-experience.

I mean it sucks that you feel you got ripped off and that maybe the condition was misrepresented, but shit happens, and truthfully (not taking sides again) there's more you could have done to cover your ass here, and you simply took someone's unprofossional opinion on the condition, so I don't think you've got much of a case. And if it were me, I'd be even more furious in the end if I spent the time and effort to take this guy to court and &quot;lost&quot; on top of it all.

Just my 2 cents man, but good luck with it all just the same.

Thanks for your input, I realise that any time you go to court it is a risk, however, like you said about the sale, small claims court will also be a learning experience. I ofcourse would not be filing a claim had I not already spoken to a lawyer and para legal on this subject. I presented them with the info and was basically told that I would see a settlement in my favor, especially now that I am only seeking reimbursement for the repairs. They also said the same thing you did about my time, the bottom line is will it be worth my time? Maybe, maybe not but it will be a learning experience and when it comes down to it I'd rather get some money out of this guy and give the rest to the courts in fees.
I guess we'll see how the law actually works on this!

[SilverBoost]

^^^ cool man, do what you gotta do. And like I said, I wasn't trying to take side there or anything, or tyr to talk you out of it.... I mean, Lord knows we don't have all the info here and I was only offereing a "what I'd do" scenario, so hopefully it didnt come off as me implying you'd be stupid for going through with it or something.

But yeah, let us know how it works out man, because I'm curious as hell how this works out. :)

[gsrintegra]

^
^
^
^
^

Finally someone with common sense on the matter. Silver boost is right on man! Get your learning experience but people just don't think it's worth the time like myself. I'm surpirsed you found legal coucil that said it would be ruled in your favor. Most lawyers will never guaruntee anything cause if you don't win then you'll end up going after him for saying you would. And remember let's face it. All the evidence is from a computer that will be printed up. Things can be made up and all he would have to claim is that you made those copies up or altered them and printed them in your favor for court. Have your learning experience but I think it wont be for the court system. I think it will help you learn to get things in writing and that you should be careful what your buying. Not to rush into things so much. Just be more cautious in the future man!

[HillBilly]

sell them on ebay to get your money back!

ebay is full of stolen and bent rims.


sorry to hear it but you got fucked.

[gsrintegra]

Haha that's probably your best bet Drew!

[D. Dub]

The very essence of this thread is that the seller represented them as "in good condition" or something like that in the original thread.

Sounds like a slam dunk in court to me. :dunno:

What defence does the seller have???

[HillBilly]

Originally posted by D. Dub


What defence does the seller have???

none...

but just try to get any money out of him.

[D. Dub]

Originally posted by HillBilly


none...

but just try to get any money out of him.


thats what the sheriffs are for....small claims settlements can be taken through wage garnishment or through property seizure :thumbsup:

[googe]

too many morons posting in this thread. or maybe just people that are trying not to get sued or are posting for their friends. you dont use lawyers for small claims. thats whe whole point of it. its for the legal laymen. you also dont need to prove anything to the degree that you do in a real court. small claims is all about casual transactions and common sense. its not difficult at all, theres no "long hard battle" like people make it out to be, and youll probably have a slam dunk case in 15 minutes.

ive helped friends through it before, its a quick and easy process. you also owe it to yourself to not just bend over and let a scammer get away with that shit. big biker gang friends are also a good option, but some people like to keep things legal.

for some info on small claims:
http://www.canlaw.com/scc/smallclaims.htm

or just watch daytime judge shows to see how theyre run :thumbsup:

[D. Dub]

Originally posted by googe
. small claims is all about casual transactions and common sense.
http://www.canlaw.com/scc/smallclaims.htm



exactly:thumbsup:

[slickk]

Originally posted by D. Dub


What defence does the seller have???

Suppose this: The seller did in fact sell perfectly good rims and the buyer puts the rims on his car himself, drives on them for a day and somehow bends them. Or suppose the buyer is carrying them home drops them on cement and dents them.

Now the buyer comes back and says "you sold me bent rims" but he bent them himself and is now just looking for a refund because of his mistake. He takes the seller to court asking for a refund... (possible right?)

We have no proof showing the condition of the rims before they were purchased therefore don't know for sure the exact condition they were originally in.

This scenario is entriely plausible and obviously not the case in this situation, but any judge who hears this case has to assume this is possible and thats why I think it would get thrown out. The law is written to protect sellers from buyers coming back after using or damaging used products. --Buyer beware holds up.

[D. Dub]

good point ^^^

decision would also take into account the character of the litigants....in this case it seems obvious the seller has questioable character...he deleted all his posts...menaing he is trying to hide his wrondoing.

Besides he lives at home with mommy and daddy and if they're good parents they will likely settle the case for him when they found out he is being served--sued..and then they'll take it out of his hide!!!!

[googe]

Originally posted by slickk


Suppose this: The seller did in fact sell perfectly good rims and the buyer puts the rims on his car himself, drives on them for a day and somehow bends them. Or suppose the buyer is carrying them home drops them on cement and dents them.

Now the buyer comes back and says &quot;you sold me bent rims&quot; but he bent them himself and is now just looking for a refund because of his mistake. He takes the seller to court asking for a refund... (possible right?)

We have no proof showing the condition of the rims before they were purchased therefore don't know for sure the exact condition they were originally in.

This scenario is entriely plausible and obviously not the case in this situation, but any judge who hears this case has to assume this is possible and thats why I think it would get thrown out. The law is written to protect sellers from buyers coming back after using or damaging used products. --Buyer beware holds up.

you are wrong because:

a) the buyer can get a statement from the shop saying they were already damaged
b) the fact that a picture was used to depict some other wheels entirely would set off the judges bullshit detector
c) the buyer said "they didnt know" and "buyer beware", and "not my problem" which is highly self incriminating. its possible that in court they will deny saying that, but shitty liars are soon obvious in court, and thats all that a small claims judge needs.

[slickk]

^ get a statement from the shop saying they were already damaged from WHEN?

[googe]

Originally posted by slickk
^ get a statement from the shop saying they were already damaged from WHEN?

From sometime prior to when he was mounting them. Dont say he could have bought them, thrown them off a bridge and damaged them, then tried to mount them, because that doesnt fly in small claims.

I dont understand why there are people on here discouraging him and telling him to bend over and take it. Are you guys friends with the scammer or what? Why would you stick up for a piece of crap like that?

[D. Dub]

Originally posted by googe


I dont understand why there are people on here discouraging him and telling him to bend over and take it. Are you guys friends with the scammer or what? Why would you stick up for a piece of crap like that?

Exactly this is a community of a sort....if someone has been ripped off by another crooked member why not support them..instead of spewing all this negative energy?!?!!?!?

[slickk]

Originally posted by googe


I dont understand why there are people on here discouraging him and telling him to bend over and take it. Are you guys friends with the scammer or what? Why would you stick up for a piece of crap like that?

[slickk]

Originally posted by googe

I dont understand why there are people on here discouraging him and telling him to bend over and take it. Are you guys friends with the scammer or what? Why would you stick up for a piece of crap like that?

:dunno: That's Just my Opinion, i dont think it will go far in court. People's stories change and its hard to get anywhere. If u scroll back you'll see my original comment that he should get even... I just have a lack of faith in the judicial system and don't think it's worth the time and effort.

Am i Sticking up for this Fckr?! NO! I think he's a P.O.S.

Believe me... I feel for anyone who gets ripped off online and look forward to the results because Drew's going forward anyways. Good Luck!

[gsrintegra]

Drew let me know when the court date is cause I'd love to see you get humiliated for the waste of your time and money. This isn't Zellers man you can't return items that you aren't satisfied with. Especially... due to the fact that I'm taking it you didn't get a contract or take pictures. It's one persons word against the other. The fact that he deleted his posts and shit doesn't mean anything. All he simply has to say is he didn't want to deal with it anymore. It's one word against the other. Yea but let me know I'll be the guy laughing from the back of the courtroom.

[DoubleLP]

Originally posted by gsrintegra
Drew let me know when the court date is cause I'd love to see you get humiliated for the waste of your time and money. This isn't Zellers man you can't return items that you aren't satisfied with. Especially... due to the fact that I'm taking it you didn't get a contract or take pictures. It's one persons word against the other. The fact that he deleted his posts and shit doesn't mean anything. All he simply has to say is he didn't want to deal with it anymore. It's one word against the other. Yea but let me know I'll be the guy laughing from the back of the courtroom.

Wow....you are really cool. To go down to the courtroom and laugh at someone. Sorry.....but that is just stupid. Let the two of them deal this out on their own. If Drew wins he wins, if he loses, he loses.

I am guessing the reason he is doing this is because of the principal of it. I guarantee that if it was you who the one who bought the rims, you would be bitching and moaning about it and wanting to take him to court.

Let it go and lets see how this plays out. Grow up.

[glennc]

Sure, its one persons word against another.

One person with a shop saying they were damaged prior to install, and how likely is it that the buyer put them on himself... Hit a curb in forward, and reverse, took them off, then took them to a shop to put them on.

Go for it man, people who rip you off deserve to be dealt with.

I dealt with my neighbors in a legal manor. It works.

[gsrintegra]

Wow well the shear fact that you didn't see that I was joking really blows me away. I was trying to get the point across to him that this is a big joke. Everyone here takes things so seriously. Yes that's right we'll see how things pan out but no I would not be taking a guy to court. I wouldn't have done it in the first place cause I would have checked the wheels out. Anyways have fun in court Drew best of luck to you. It's your time and your money but in my opinion it's not worth it have fun. And for all those serious hardasses out there no I will not be in the courtroom get your head out of your asses and get your shit together. Learn how to laugh at a joke!

[DoubleLP]

Learn to properly tell one!

[googe]

dude is really trying hard to get him to not go to court.

if it smells like shit...

[gsrintegra]

Yea I'm not the seller. So sorry but your wrong. I just have common sense that's all.

[Rowdy]

Something to keep in mind if you do go to small claims. When ever you purchase goods in Canada, regardless off any warranties, or "sold as is" claims. Our legal system looks at what they call, "reasonable expectation of use". So even if it is just a one on one verbal agreement, there is always an expectation with any purchase. Now you may not get all your money back, but any judge will consider a reasonable request for a refund from the seller. Just go after a good chunk of what it would cost to make the rims right, you may not get all but you should get some. Of course the challenge as with most things is collecting.

Good luck

[bluetek]

gsrintegra- end your life!!!:devil:

Aside from that point though, why do you care soo much and post nearly the same damn thing everytime you post to him?

[gsrintegra]

Original Post Removed. (Please read the Forum Rules and Terms of Use (http://forums.beyond.ca/articles.php?action=data&item=1) before posting again, or risk getting banned).

[bluetek]

Easy bud. Sorry if i intimidated you. Just thought it was stupid and unecessary you had to voice your opinion over and over again.


Originally posted by gsrintegra
Original Post Removed. (Please read the Forum Rules and Terms of Use before posting again, or risk getting banned).

As far as that goes, well, not much to say bout that but, its definitly not the only thing i drive. Thanks for the comment though Ms. gsrINTEGRA. cough*you should be talking*cough

[drewgold]

Originally posted by DoubleLP


Wow....you are really cool. To go down to the courtroom and laugh at someone. Sorry.....but that is just stupid. Let the two of them deal this out on their own. If Drew wins he wins, if he loses, he loses.

I am guessing the reason he is doing this is because of the principal of it. I guarantee that if it was you who the one who bought the rims, you would be bitching and moaning about it and wanting to take him to court.

Let it go and lets see how this plays out. Grow up.

I think you hit the nail on the head, it's the principal of the whole matter, not an issue of trying to get my money back. It's basically proving to this guy in a court of law that he was wrong and should think twice about trying to rip someone else off.

[glennc]

Originally posted by drewgold


I think you hit the nail on the head, it's the principal of the whole matter, not an issue of trying to get my money back. It's basically proving to this guy in a court of law that he was wrong and should think twice about trying to rip someone else off.

And as a bonus get your money back. If you dont show him he cant scam people, the next person might r might not, he might never learn.

[mr.13secprobe]

Originally posted by gsrintegra
To all of those guys out there who are saying I'm wrong on all of these measure from my post... First off it does cost money in the long run it does cost time and you say it's none of my business well if you guys are busy talking about rights and the law then I have the right to voice my opinion. I'm just saying that in the long run it's a waste of time and money for such a small sum when there are no guaruntees that you will win. And if you don't then it was all for nothing. There is from what I can see on here no bill of sale nothing in writing and no witnesses all they have to go on is heresay from one party and heresay from another. At the end Drew bought the wheels and didn't ask for anything in writing and had no witness so how is he going to back himself up in small claims court? And for those guys as well that think I'm the guy that sold them... I'm not I just thought it was so funny that this is going to court and that such a big deal is being made over this that I had to say something because it's honestly hilarious. No I'm not the seller. Just a guy with common sense.

Ok, so this is how you think of the market.
After all this, you expect someone to buy your shits on this board?

http://forums.beyond.ca/showthread.php?s=&postid=1604498#post1604498

[corrode]

How DID this work out?!?!?

[HyperZell]

Whoa, I didn't realize how old this was until the end there. I'm curious as to how this ended up as well...

And for the record, Googe is a hero in this thread.

gsrintegra is almost as bad as the seller himself. Kind of like the seller's bitch.

[TomcoPDR]

Originally posted by Hakkola
First things first, give the guy negative feedback so nobody buys from him.


:werd: in proven cases, even disclose the scammer's real name and phone number so he/she can't set up another account using SAIT, UC, MRC computers or whatever (if their IP gets banned)

[cavb0i]

Originally posted by googe


From sometime prior to when he was mounting them.

they could of been mounted b4

[Biga Ramrod]

Man I just read this whole thread to and didn't realize how old this was until the end, so I'm dying to know how it worked out?