OT: Do I have any recourse?

[ccdoster]

I've wanted a Kitchen Aid stand mixer for a long time and have
researched them for about 2 years.
A week before X-mas I found an ad on Craigslist for a NIB Pro 5 mixer
(almost top of the line). It was a guy that said he won this at his
office's X-mas party and wouldn't use it. I e-mailed him and said I
can't really afford it right now but if no one else wants it I'd give
him $150. He held it for me until Dec 29th. My whole family went with
me (about 45min. drive) and when I showed up at the appointed time he
wasn't there. Whoever answered the door said he was at his brother's
house picking up the mixer and had car trouble. So I gave him our
cell number and went out to eat. If we didn't hear from him by the
time we were done eating we would just go home.
He called and gave me a $20 discount for waiting. When I was at his
house I opened the box just to make sure it wasn't filled with rocks
or anything and went home. Once I carried the box inside my house,
into the light, I saw it was the wrong model mixer. The lowest model.
I went back to the ad and sure enough the ad is for the Pro 5 mixer
and even the pictures of the box are different. (I printed it out in
case he should pull the ad).
I e-mailed him about the mix-up and he said, "you're right I went
back to check the ad and it's a different mixer. I'm waiting to hear
from my brother about what happened."

That was 3 days ago. I have since e-mailed him again telling him I
would either like the correct mixer or a refund but no responses.

Do I have any recourse? I have a phone #, e-mail address, home
address, all e-mails of correspondance and the printed out ad.

 

[momof296&02]

I would call him. Dial *67 wai for a dial tone & dial his #. Do this so your number won't show up (in case he is ducking you).

 

[momxx5]

Hopefully he is just busy with the holidays and such. Hopefully he just gave you the wrong mixer.
It seems that with the contact you have had with him, discounting because of delay and acknowledging the wrong model that he will work with you.
Hopefully its just an honest mistake and can be taken care of.

Aside from that, I don't think you have any recourse at all. What could be done? I think it would end up being a civil matter....maybe one for Judge Judy.

I hope it all works out for you.
Keep us posted.

 

[pilgrimage]

I am sorry this has happened. You might want to handle correspondence
by email and make a copy of the craigslist ad before it is deleted.

 

[ccdoster]

Still no response from him. So I went back to Craigslist to see if he had other mixer listings. He had 2 listings for the same mixer posted the same day. So I forwarded the other one to my friend and had her reply to the listing, "is this still available?". She hasn't had a response yet either but she just e-mailed him this afternoon.
If he responds that he still has the mixer than I was going to go to the police as he is still actively selling a fraudulent item (how many mixers did he win at an X-mas party). My husband thinks I should have my friend set up a pick-up if he still has it and both of us go. Have her go to the door....if it's the right mixer...I come to the door with the right mixer and tell him to exchange the mixer with the one I conveniently have brought with me. If it's the wrong mixer, I still come to the door and tell him I know he's running a scam and he can give me a refund or I'm going straight to the police.

What do you think?
Do you think I could win in small claims court based on what I have? e-mails, printed out Craigslist ad (number of ad is included in intial reply e-mail) and husband's written statement (no way is he taking a day of work to go to court for a mixer). I can also sue for my costs if I go to small claims court right? filing fee, etc.

I could just kick myself for not reading the box before I left his house! I guess it's not so bad....worse case scenario I still have A product...just not one I would have purchased. I could probably resell it close to what I paid but I just hate letting someone get away with scamming me. That's what ticks me off more than anything is people that are purposely out to get you and walk away free and clear.

Thanks for the advice!
Christie

 

[memy26]

I don't think that you do, but if someone knows of a way then I'd love to hear it too.

We had a bad experience with Craigslist too but ours was for a washer. The guy claimed that it was like new and the only reason they were selling it was because his step-dad works for Sears and always gets the latest and greatest.

So anyway the washer we inquired about was listed for $75 (we didn't realize at the time that he had another washer listed too) So after my dh picks up the washer this guy calls me at home and tells me that my dh picked up the wrong washer (from the guy's wife) and that we owe him another $75 for the washer we got. My dh being a nice guy called the guy back and agreed to give him the extra $ because this was suppose to be a better washer.

Long story short it end up not working. We even went and bought a part for it hoping to make it work. Never got it to work and the guy (when he finally emailed us back, claimed he went out of town and didn't get the calls, which were to his cellphone last I checked cellphones still work when you go out of town) swore that it worked fine when we got it. Oddly enough though all his listings were off of craigslist the evening we got took.

It stinks that people like this have to ruin a good thing. I hope you can solve your bad deal

 

[mtblujeans]

You might talk to the police before you and your friend set up a "sting". Better safe than sorry.

 

[rentayenta]

I am sorry this happened to you. Craigslist sucks.

 

[Disney1976]

Still no response from him. So I went back to Craigslist to see if he had other mixer listings. He had 2 listings for the same mixer posted the same day. So I forwarded the other one to my friend and had her reply to the listing, "is this still available?". She hasn't had a response yet either but she just e-mailed him this afternoon.
If he responds that he still has the mixer than I was going to go to the police as he is still actively selling a fraudulent item (how many mixers did he win at an X-mas party). My husband thinks I should have my friend set up a pick-up if he still has it and both of us go. Have her go to the door....if it's the right mixer...I come to the door with the right mixer and tell him to exchange the mixer with the one I conveniently have brought with me. If it's the wrong mixer, I still come to the door and tell him I know he's running a scam and he can give me a refund or I'm going straight to the police.

What do you think?
Do you think I could win in small claims court based on what I have? e-mails, printed out Craigslist ad (number of ad is included in intial reply e-mail) and husband's written statement (no way is he taking a day of work to go to court for a mixer). I can also sue for my costs if I go to small claims court right? filing fee, etc.

I could just kick myself for not reading the box before I left his house! I guess it's not so bad....worse case scenario I still have A product...just not one I would have purchased. I could probably resell it close to what I paid but I just hate letting someone get away with scamming me. That's what ticks me off more than anything is people that are purposely out to get you and walk away free and clear.

Thanks for the advice!
Christie

Here's the problem with small claims court -you're going to pay a filing fee of probably a couple hundred dollars, maybe more. Generally, your costs would not be recoverable. Costs are only recoverable if you had a contract providing for recovery of costs, or if state statutes provide for such. It doesn't sound like you had a written contract, and I highly doubt your state statutes have any such provision.

Lastly, assuming you were actually able to get a judgment against him, then what? He's not going to pay it, and you'll simply be wasting your time chasing him.

I'm not trying to be mean, honest. I'm just a realist. I'm an attorney and I handle a large number of collection cases for clients, and the reality is most people never see their money again.

This person sounds like a scam artist, someone who knows they can get away with doing what they're doing with little chance of punishment.

 

[msmayor]

Here's the problem with small claims court -you're going to pay a filing fee of probably a couple hundred dollars, maybe more. Generally, your costs would not be recoverable. Costs are only recoverable if you had a contract providing for recovery of costs, or if state statutes provide for such. It doesn't sound like you had a written contract, and I highly doubt your state statutes have any such provision.

Lastly, assuming you were actually able to get a judgment against him, then what? He's not going to pay it, and you'll simply be wasting your time chasing him.

I'm not trying to be mean, honest. I'm just a realist. I'm an attorney and I handle a large number of collection cases for clients, and the reality is most people never see their money again.

This person sounds like a scam artist, someone who knows they can get away with doing what they're doing with little chance of punishment.

I'm no attorney, but I find it very hard to believe that filing fees in SMALL claims court run that high. I had a friend who filed suit here in NJ against a dry cleaner who ruined some shirts of his and I believe he paid $15...and was indeed awarded those filing fees BACK from the defendant because he won his case.

And maybe its true that collecting isn't going to be easy, but it will still be a recorded judgement against him that at some point he may be forced to pay in order to clean up his credit reports.

Sometimes its the principle of the thing, and in my mind if investing a little time and effort makes life uncomfortable for someone who wronged me, I'd do what it takes to gain satisfaction.

 

[Disney1976]

I'm no attorney, but I find it very hard to believe that filing fees in SMALL claims court run that high. I had a friend who filed suit here in NJ against a dry cleaner who ruined some shirts of his and I believe he paid $15...and was indeed awarded those filing fees BACK from the defendant because he won his case.

And maybe its true that collecting isn't going to be easy, but it will still be a recorded judgement against him that at some point he may be forced to pay in order to clean up his credit reports.

Sometimes its the principle of the thing, and in my mind if investing a little time and effort makes life uncomfortable for someone who wronged me, I'd do what it takes to gain satisfaction.

Well, filing fees can vary state to state. One of the reasons they are high in Florida (I am sure) is due to the budget crisis. Counties are trying to make up for the shortfall by charging higher fees on everything. $15 is VERY cheap though.

And again as I stated in my first message, whether you can collect those costs back is a matter of contract or statute -I don't know what the statutes are in the OP's state-but I wouldn't automatically expect to be entitled to those costs.

As far as a matter of principal? That's just dumb, I'm sorry. Sometimes it's not worth cutting off your nose to spite your face. Chasing a person and going through the court process (which could take months) only to get a recorded judgment you won't collect for such a small amount of money isn't worth it, IMHO. A scam artist isn't going to care about his credit rating, because they aren't honest to begin with (assuming it will even affect his credit at all)! And of course, he or she could always file for bankruptcy, and wipe the judgment away.

 

[mrsbornkuntry]

Still no response from him. So I went back to Craigslist to see if he had other mixer listings. He had 2 listings for the same mixer posted the same day. So I forwarded the other one to my friend and had her reply to the listing, "is this still available?". She hasn't had a response yet either but she just e-mailed him this afternoon.
If he responds that he still has the mixer than I was going to go to the police as he is still actively selling a fraudulent item (how many mixers did he win at an X-mas party). My husband thinks I should have my friend set up a pick-up if he still has it and both of us go. Have her go to the door....if it's the right mixer...I come to the door with the right mixer and tell him to exchange the mixer with the one I conveniently have brought with me. If it's the wrong mixer, I still come to the door and tell him I know he's running a scam and he can give me a refund or I'm going straight to the police.


Christie

I don't know what the right thing to do is in this situation, but I would not do this, it is really unsafe and if this guy is running a scam who's to say he's above hurting someone to conceal it?

 

[jedijill]

Honestly, I think you are at fault because you looked at the mixer before you left his house. Sure, he either made a mistake or was running a scam, but it was still your responsibility to check it was correct before you handed over your money and left with the merchandise. You did have the option to not take it home.

That is one of the dangers you face when buying off Craigslist...no recourse. That is why you examine the merchandise before paying for it and/or taking it home.

*Donning flame suit*

Jill in CO

 

[Melrosgirl]

I'm partially agreeing with Jill, above.

 

[DawnM]

I think small claims would agree with you.

Dawn

Honestly, I think you are at fault because you looked at the mixer before you left his house. Sure, he either made a mistake or was running a scam, but it was still your responsibility to check it was correct before you handed over your money and left with the merchandise. You did have the option to not take it home.

That is one of the dangers you face when buying off Craigslist...no recourse. That is why you examine the merchandise before paying for it and/or taking it home.

*Donning flame suit*

Jill in CO

 

[dakcp2001]

I hate CL I am currently selling a treadmill and let me tell you after the weird emails and all the hassles, Id never do it again. People are quite scary!

I say report it to the police so there is a paper trail, with all of your evidence and give them the guys address, maybe they will go back with you, if they will not they will have some advice for you, and if it happens to someone else they will have a few complaints.


In all honesty, the likeleyhood of you getting your money back is slim to none. But having the police show up at their door might scare them from doing it to someone else. And perhaps there was a store or something that had some mixers stolen. Its an odd item to have a lot of really. They must be stolen from somewhere.

You live you learn, this lesson was an expensive one.

 

[Disney1976]

I don't think the police will even get involved, truthfully. At best, they're likely to tell you it's a civil matter and to go through the court system.

 

[uva185]

I don't think the police will even get involved, truthfully. At best, they're likely to tell you it's a civil matter and to go through the court system.

The police would be happy to serve the guy once you file a claim in small claims court. While you will probably win in court good luck actually collecting the money.

 

[chloelovesdisney]

You can take him to small claims court. It was less than $20 here a couple of years ago. He advertised a certain item and that's what you agreed to buy. I would also report him to the police as he is running a scam.

Good luck.

 

[horseshowmom]

I agree with those who said it wouldn't hurt to contact the police. The guy is either selling stolen merchandise or running a scam, and both are illegal. It can't hurt to discuss it with them. It may not get your money back, but it might encourage the guy to consider it a little more strongly.