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- - Enough for small claims? (http://www.horseforum.com/horse-law/enough-small-claims-172345/)
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.
Have tou talked to a lawyer yet? Theyll know more about it.
if it was eBay put in a claim
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.
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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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.
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.
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.
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
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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