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Enough for small claims?

This is a discussion on Enough for small claims? within the Horse Law forums, part of the Horse Resources category

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        04-14-2013, 10:48 PM
      #31
    Green Broke
    Quote:
    Originally Posted by toto    
    Have tou talked to a lawyer yet? Theyll know more about it.
    It doesn't m,ake sense to talk to a lawyer on such a small amount. Regardless of where you bought it You should have paid pay pal and you can dispute it.
         
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        04-14-2013, 10:50 PM
      #32
    Green Broke
    Quote:
    Originally Posted by smrobs    
    So someone who has no clue how to measure a saddle guesses at the size and gets it wrong is a case of fraud? Really?

    It's not like they pulled a culled bucking horse from the kill pen and then sold it for $20,000 as a show horse.
    Once you show them how to measure and it is indeed measured wrong then they should return it. Ignorance doesn't make it legal or ethical.
    Does it have the size stamped in the flap.
         
        04-14-2013, 10:52 PM
      #33
    Green Broke
    Quote:
    Originally Posted by Speed Racer    
    Eh, I bought a German made Stubben off CL that was advertised as an 18" seat. When I got it it was HUGE, so I measured it and found it to be a 19" seat. Instead of freaking out at the seller, I turned around and resold the saddle with the correct measurements. Took about a week. No fuss, no muss.

    That's what I recommend you do as well, OP. I sincerely doubt the seller was trying to defraud you. It's not like you got a crappy, falling apart piece of garbage. The saddle has worth, and you can sell it on and recoup your money.
    a 16.5 saddle is not in demand a 17.5 is more sellable.
         
        04-14-2013, 10:52 PM
      #34
    Yearling
    Quote:
    Originally Posted by PurpleMonkeyWrench    
    how is back-lashing when I already apologized make you a more mature than me? I genuinely apologized and your ongoing rants are only fueling the fires. So please lets try not to act 12 as I clearly do and dismiss the problem at hand. Also, if she just called to tell the person they are filing a charge and warrants nothing out of it, that is not included in your Wikipedia definition of a threat.
    Actually, it was Dictionary.com and not Wikipedia. ;)
    And YES, it is a threat because if you are going to file charges, JUST FILE. There is a little nifty official letter that serves the purpose of notifying that without *contact*, a lawsuit will be filed.

    Calling someone is clearly expecting some sort of resolution or response. It implies threat. Aka, "Do what I want, or I'll do this!".

    Either way, as long as the seller didn't bait and switch her, and the mistake can be explained as a SIMPLE MISTAKE, there's no need to get one's panties in a bunch. Sell the **** thing for a profit and move on.
         
        04-14-2013, 10:54 PM
      #35
    Yearling
    Quote:
    Originally Posted by demonwolfmoon    
    Actually, it was Dictionary.com and not Wikipedia. ;)
    And YES, it is a threat because if you are going to file charges, JUST FILE. There is a little nifty official letter that serves the purpose of notifying that without *contact*, a lawsuit will be filed.

    Calling someone is clearly expecting some sort of resolution or response. It implies threat. Aka, "Do what I want, or I'll do this!".

    Either way, as long as the seller didn't bait and switch her, and the mistake can be explained as a SIMPLE MISTAKE, there's no need to get one's panties in a bunch. Sell the **** thing for a profit and move on.
    Okay
         
        04-15-2013, 01:20 AM
      #36
    Started
    I think the problem here is that saddle measurements aren't 100% consistent. Mine is a 16.5" seat, and it's stamped as a 17". My sisters saddle is stamped as an 18", but measures at 17". My vote is that unless OP got pictures of the measurement there's unfortunately not much you can do, and you're better off reselling for close to the same amount than you are trying to file claims, especially if there are fees involved. You never know if you'll get all your money back, and even if you don't you have fees to pay.
         
        04-30-2013, 02:37 AM
      #37
    Foal
    Initially I wasn't going to file, I originally figured that it was a mistake on the sellers part and that she really did mid measure the saddle. After asking for a refund, it was clear the saddle was not a 17.5" as soon as I opened the box, she sent me a couple replies that just didn't make any sense, and made me think she knew it wasn't a 17.5". Unfortunately, saddles around here don't sell quickly, so I know I would never recoup my money either. She is in the next state over from me. About 3 hours. Her account has suddenly disappeared as well so I can't get ahold of her any more either.
    Posted via Mobile Device
         
        04-30-2013, 06:18 AM
      #38
    Trained
    If you can't find her you may not be able to file. You need some pretty specific info. I just went through the paperwork to file, but thankfully my person (after 2 years) decided to pay me after a certified letter letting them know I was going to file.

    Your sale area is not limited to your neighborhood. List it on eBay. Just know that there will be fees and postage.

    Good luck!
    demonwolfmoon likes this.
         
        04-30-2013, 09:23 AM
      #39
    Foal
    OP did you pay through paypal? File NOW through both ebay and paypal.

    My husband purchased a 20ft car trailer about 8 years ago. We drove to PA to pick it up and the seller didn't have the title in hand, but assured us that as soon as he found it he would send it. It did state in the ebay listing that the trailer had a title. In CT you need a title to register everything. After a few weeks of back and forth e-mails the guy just disappeared. So I contacted Ebay explaining everything to them. They opened a case against him, but they to could not get him to respond. He then closed his ebay account. Long story short my husband got to keep the trailer and got his $1000 back. Luckly for him I still owned a house in RI and could register it as homemade, but because we had to register it as homemade we can not sell it for any where near what it is truely worth. So that trailer is a keeper. Don't wait any longer I believe you have either 30 or 60 days to file the complaint. Best of luck.
         
        04-30-2013, 05:34 PM
      #40
    Showing
    Ladygodiva, despite being registered as home made most people will recognize it as manufactured. Home made carries a connotation of crudeness. You can always tell a potential buyer that it was custom made, same thing, just carries a different connotation.
         

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