[gibbin82]

Just to set the record straight and not as falsely claimed in the sellers rant, this matter dragged on for several weeks (three weeks to be precise) not three days (check out the thread from his last offer to sell, to me reporting the deal hadn't gone well), the suggestion that this was over a few days is really complete lies. Plenty of requests were made before it went to a more forceful approach these polite requests were met with unsatisfactory and increasingly irritating denials and excuses, plenty of warnings were made of my intention to take it to a small claim if it wasn't resolved within a reasonable time. As it was I thought this has been resolved amicably, unfortunately this sort of over the top response with misrepresentation of the facts (lies), such claiming it was as days when it was really weeks, is the reason it eventually went to a claim. When some one states that ""it really is a case of caveat emptor or 'let the buyer beware'" it is pretty obvious that they are not going to willingly refund for an item that was received not as described and a firmer approach was going to be required to recover the original cost. Any claim costs could and would have been avoided if the seller had taken a more reasonable and less confrontational approach to this deal when it was clear it had gone wrong. To quote the seller again if you think about buying from this member " 'let the buyer beware'"

[Rsyok]

There's obviously disagreement between buyer and seller but a legal claim over a partially damaged poster of £50 value does seem excessive in my opinion.
Its a thin poster which by definition is very easily damaged, damaged poster value.. mildly less than £50 ? Must admit there's a touch of seller beware IMO.

[balibob]

Might be wrong, but would you be allowed to lodge a claim after only 3 days from first contact?

[twinkle]

So, is the poster still available?! Lol!! Sorry, but this is just a totally unecessary situation. I feel like I'm taking crazy pillls sometimes.....

Everyone involved grow up a little please.....

[gibbin82]

Sept 1, 2011 10:43:46 GMT 1 balibob said:

Might be wrong, but would you be allowed to lodge a claim after only 3 days from first contact?

No you wouldn't and I didn't. I tried my best to sort this out amicably and reasonably

Regarding a claim it is effectively no different to a raising a Paypal dispute (which everybody on here seems to think is acceptable), with both a Paypal dispute and a small claim when a reasonable solution seems as though it is not going to be reached it can be escalated to somebody else for a resolution. I paid for an item in good faith and expected to be treated fairly when there was a problem and not have replies indicating it was not sold as mint and I had no grounds to escalate it further. Whether it was only £50 or not there is no reason to allow somebody to avoid their responsibilities and not try to sort things out reasonably without having to force them to do so. Of course anyone can have there own opinion on this matter, but in mine I acted fairly and reasonably and only after trying to reach a reasonable compromise and later warning that if an agreement couldn't be reach it it would be taken further, was it referred to the Money claim site.

The seller might whinge about having to refund the original purchase price and then having to pay the costs on top, but the cost were completely avoidable and he only has his self to blame for these by not sorting it out before the claim was raised and he had plenty of opportunity to do so.

If you receive damaged goods you have rights no matter what the cost, usually you don't have to enforce these right as most people on here are reasonable, in this case IMO the seller wasn't. His replies to my email and some research through the Internet lead me to take the step to escalate it further, and now his posts on here trying to distort the facts IMO vindicate my post advising to others the sale had not been all I had wished for.

If this had been a eBay transaction when damaged goods were received and it had been escalated to a Paypal claim, would anyone be saying get real and it is only £50, I think not. As it is a sale through the forum and it had degenerated into a "Buyer Beware" situation I think it only fair to warn others of my experience with the seller, the now clearly false claims of me raising the claim after a couple or three days should also further reinforce this.

I have many successful and good dealings with other members on the forum and also bought art directly from artists with no problems, unfortunately this time this was the normal pleasant experience, it could have been even after things were not as expected, but the fact it resulted in a claim was completely down to the seller and his attitude, he could have avoided it and should have.

If people want to blame me for buying something that was not as described and then have problems getting a amicable solution that is up to them, however i know I was not at fault on this occasion and after trying to reach a compromise a claim was the only option.

[stanley]

note to self - dont deal with gibbin.

I think you made a big error using paypal gift & obviously this was why you had to use small claims. To then ask him to pay the costs of claim ontop of receiving a full refund, then i think this was out of line.

£50 posted was a good price & a price someone would have probably paid for this poster with said dink. If it was frameable then im surprised you didnt just do that.

I dont think we will get to the bottom of the exact time period of these discussions but i dont think you have acted as amicabley as you suggest. It seems to all be on your terms. The poster was apparantly mint when sent out, if it has been damaged in transit then the seller should refund on receipt, you should pay return postage. Your get full refund of initial costs & seller has to make a claim.

This is amicable.

[gibbin82]

Stanley it is easy for you to make asumptions, some you are right with such as making an error by using Paypal gift others you are completely wrong such as a small dink when in fact it was actually torn.

Regarding being amiacable at first I was ready accept it with the damage and frame it so a thicker border hid ithe damage, of course some offer of a partial refund would have helped sweeten the deal (but no figure was ever discussed, but as it was not fully insured I wasn't expecting at that time a full refund), then I was quite happy to return it and receive a refund after he had it and claimed from the Royal Mail (even though the damage was not their fault) but as the matter went on and a fortnight past with no reply and then with increasingly annoying denials and delays I was forced IMO to take an increasing harder line and a full refund was expected but not forth coming.

Later after several attempts to resolve this before before any claim was made, (if it had to go that far which I really hoped it didn't) any cost were fully explained, but replies indicating it was never described as mint (untrue), I had no grounds to raise a claim (untrue) and it was Buyer Beware (or hard luck) didn't fill me with confidence that this was going to end amicably, so rather than being out of line to expect him to pay cost it was clear it a claim was the only way of resolving it other than walking away and chucking £50 down the drain, granted with a nice but damaged poster and therefore of little value as far as any resale was concerned (not as though I had bought it to sell, but how many sales do you see with "For Sale Torn Monkey Parliment Poster" in the description and how much would it be worth?

All of the ways you have stated I should have acted to be amiacable I tried, so as as far as making a note not to deal with me that it up to you, however I have previously had a lot of trouble free dealings with several members and I am not particularly bothered that somebody who can make all these assumptions about the deal does not want to sell to me and decide that I am at fault without knowing the facts.

[Deleted]

and have you returned the poster back to the seller?

[gibbin82]

joevalentino wrote: and have you returned the poster back to the seller?

Yes returned at my expence

[hotdog]

i have two mint copys how much are they worth?

[klyde]

This thread is awesome!

[hunter007]

800 each

[mojjac]

Aug 18, 2011 12:22:45 GMT 1 gibbin82 said:

It is nice to report when a deal goes right and everyone is happy and equally I suppose it is important to warn people when things do not go so smoothly. In this case I was the unlucky person to actually end up buying this poster and as it arrived quite badly damaged I contacted the seller but have no luck getting a refund, so giving him plenty of time to put things right this is now going to have to go to the small claims court to make a judgment. So beware of buying from this member, it has not been the usually pleasant experience I have encountered from all of my other dealings with other members on the forum .

All four I received from source were all squashed and damaged. They are printed on thick stock and were sent out in tubes that were way too small. Such is life eh!