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-   -   Enough for small claims? (http://www.horseforum.com/horse-law/enough-small-claims-172345/)

fivecardstudpts 04-10-2013 07:25 PM

Enough for small claims?
 
About a week ago, I bought a saddle online. It was advertised as a 17.5". I received the saddle yesterday, and I was able to tell the second i took the saddle out of the box, it wasn't a 17.5". Measured it and sure enough, 16.5". Contacted her and she claims it was 17.5" when she measured it, and she just didn't think I was doing it right. Plus she doesnt want it back because its too small for her.
(so how she didnt know it was only a 16.5" i dont know) Sent her a picture of it being measured, she still refuses to refund my money. She lives a few hours away, just over the state line, I paid 400.00 which included shipping. I desparately needed a new saddle, and that was the only money I had. I really just want my money back, she can have the saddle.
Thanks
Jessica

toto 04-10-2013 07:31 PM

Have tou talked to a lawyer yet? Theyll know more about it.

demonwolfmoon 04-10-2013 07:34 PM

if it was eBay put in a claim

NBEventer 04-10-2013 07:45 PM

If you paid paypal file a claim.

And a tip for next time is ask for a picture of the measurement. If I ever buy a saddle online I make sure I see pictures with the seat, gullet and flaps measured.

Good luck!

Peppy Barrel Racing 04-13-2013 01:22 PM

Your best bet is probably to resale it and try recoup your loss if you didn't get in somewhere like eBay or through PayPal where you can file a claim.
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Saddlebag 04-13-2013 05:56 PM

She's likely spent the money. A call to the court house will tell you in brief how to file in small claims. There may be a filing fee. Ask if it makes a diff. is she's out of state.

smrobs 04-13-2013 09:41 PM

Um, I really think this is nothing more than a case of buyer beware. You learned a lesson, resell the saddle and move on.

Make sure to get pictures of the measurements before you buy next time.

franknbeans 04-13-2013 09:48 PM

Totally agree Smrobs. I sold a saddle last fall, and basically, after 3 weeks the lady tells me it is not the size I sold it as, if was 1/2" smaller. She filed a claim with eBay......what a pain that was. I could not buy anything without refunding her the $$, and I had no intention of that. I finally called eBay and got them to find in my favor-and they did so BECAUSE I POSTED PICTURES OF EVERY MEASUREMENT IMAGINABLE. She had no leg to stand on.

Never buy a saddle without seeing how the person measures the gullet, seat, etc. Lesson learned. I would suggest you sell it, and when you do-post LOTS of pictures.

Joe4d 04-13-2013 10:32 PM

excuse me, but that is not buyer beware, that is FRAUD and its a crime, call her and demand your money back or you will file charges. call the police in her area and also the postal inspectors. How did you pay for saddle ? if it was a credit card, call your bank and report it

waresbear 04-13-2013 10:43 PM

You really think it's fraud when it's a case of measuring a saddle, which most police depts know absolutely nothing about? I doubt it.


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