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All Business
All Business, Attorney
Category: Business Law
Satisfied Customers: 847
Experience:  27 years of business experience with accounting and law degrees
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I purchased a car part on eBay. Took the part to a mechanic ...

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I purchased a car part on eBay. Took the part to a mechanic who said it didn't work. I returned it to the seller who supposedly checked it and returned it to me. Took it to the mechanic who said the part still didn't work. So I asked seller for a refund. Seller told me to ship it back to him, which I did (and paid the shipping fees both times). Followed up with e-mail when item was delivered – had confirmation. Seller told me I could expect the refund on such and such date…never came. Finally the seller tells me that the part works and would no longer do business with me since “I wasted his time.” Now he has my money and the item. Disputed this with eBay and credit card – neither could do anything because 30 days had passed. I filed a complaint with the DA in his state (Kentucky) and they sent him a letter 30 days ago with no response. My question is, what's the next step? If it's small claims, do I have to fly there to recoup my money? It's for $210 and I live in Florida. I feel awful
Submitted: 6 years ago.
Category: Business Law
Expert:  All Business replied 6 years ago.

thanks for the question.

yes, for the most part that would be your rights to remedy. to sue, obviously in small claims as the amount is low and the cost to do so cheaper.

in actuality, ebay polices itself but obviously people get screwed at time, as you see. i would consider calling back your credit card company and informing them that the item was returned and therefore they should surely credit it back. you should also re-contact ebay that the item has been returned and kept by seller yet the refund never came.

unfortunately after that the law suit is your only avenue and the fact that you are out of state is a problem.

i am sorry there is no better answer.

 

Customer: replied 6 years ago.
Well, I'm sure eBay and my credit card won't do anything because I really pushed for that when this first occurred. So, if I decide to pursue this - and I want to, I feel cheated and I can't let that go - then I would have to file for small claims. Since I live in another state, can I have an attorney represent me in KY? If so, would I recoup the attorney fees if I win?
Expert:  All Business replied 6 years ago.

you absolutely can have an attorney represent you and can sue for the legal fees as well. there is no guaranty that you will recoup those though. and that is the essential problem that people face in these types of situations. you have been wronged and it will cost you too much to try to recover the costs. it is basically the reason why ebay polices itself although that did not seem to protect you here.

 

All Business, Attorney
Category: Business Law
Satisfied Customers: 847
Experience: 27 years of business experience with accounting and law degrees
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