VideoGameImports wrote:
1) He wants a refund/credit for a higher amount than he paid.
Sorry, I messed up the maths last night. But we also did not factor in 7 years' worth of inflation to get the valeu to 2014 money levels.
VideoGameImports wrote:
2) He hasn't returned everything. We apparently charged him £15 for a box that hasn't been returned.
Read the rpely further down and check the emails as I was instructed to keep the box. If this is still contested after this I will show you exactly where it was stated and which email.
VideoGameImports wrote:
3) He kept the joypad.
I did not keep the Joypad.
VideoGameImports wrote:
4) He kept/broke the power supply for the Duo.
CORRECT: I broke the PSU and do not expect to be reimbursed for that, again this is stated in the emails.
VideoGameImports wrote:
5) He kept/broke the step down transformer.
I kept the step-down and I believe (without checking the emails that that was accepted) that we agreed on that.
VideoGameImports wrote:
6) He wants crediting for the postage price he paid for returning the Duo to us. I agreed to that. He said it would have cost £12-£15 so I put the credit down as £12 but then he even managed to argue with me for the amount of credit being wrong!
I would have to look at the Royal-Mail slip but for the weight and mass and signed for delivery this
should be easy to find the exact cost. I can look that up but I dare say anyone can.
I would have to look at the emails again - 7 years even my memory is not perfect for postal rates.
VideoGameImports wrote:
7) He wants a refund/credit for the postage we charged to him but that postage would have still been the same price if he'd just bought a step down transformer from us. So if he'd bought a Duo from Japan or elsewhere, and bought the step down from us, then he's still have paid the postage. Lots of people used to buy step downs from us in 2007, we sold dozens each year. I can't give a refund for postage if all the things haven't been returned, nobody would do that.
No, I did not ask for that. We can all agree that each buyer would pay one lot of P&P so that's a foolish point for any one to raise. Either way I am not asking for the original P&P cost.
VideoGameImports wrote:
There's the CD-ROM issue. The way I see it, it’s not my fault he didn’t return the Duo in it’s box to protect it during shipping and it's not my fault that he sent the unboxed Duo back without adequate additional protection so it’s not my fault that the drive got damaged in transit. It’s not my fault that the testing of the CD-ROM got delayed because he sent the Duo back without a power supply and Saur didn't have one and no other power supply for any other console works on a Duo. He even said at some point that he would make a claim with the courier for the damage in transit but then seemed to change his mind and preferred to blame us.
Lee, check the emails, please... I remember well bubble-wrapping the machine back in Cambridge - I most certainly did not cut on the expenses - remember that that was my property in my hands right there and then and as far as I was concerned it arrived damaged and you agreed to fix it. There is no way in hell I would have scraped on the P&P or the bubble-wrap or the box.
Er, no - read the emails here please, Lee. I never asked to raise a claim with Royal-Mail and that was in fact raised by you. I distinctly recall stating that you would "ask Saur to punch the box a few times" - you want me to post the email - I have a very good memory and I bet you 100%.
As such, I took every precaution to get the machine to Saur in a safe and well wrapped box. I am not a cheapskate by any stretch of the imagination and you have ot appreciate that it was MY PROPERTY right there and then and there is no way I would run the risk of MY PROPERTY being damaged or LOST IN TRANSIT - not my style and never wll be. I have had a few people buy from me and I have never been a cheapskate and details are important to me.
The CD issue you stated something like 10 days or more after Saur had had it in his possesion. I did not damage the CD Drive and I found this to be your way of "covering your losses" and a cheap stunt. Either way, the machine most certainly was still under warranty at that time and no matter what I should have had a working machine under VGI's own policy.
If you would like to contest this further I shal go into the emails once again.
VideoGameImports wrote:
9) He still thinks compensation for grief/time is acceptable despite him financially screwing us on ebay and despite the fact that we did offer him a refund in 2007 minus everything agreed except the value of the CD-ROM repair. He can't seem to accept there's a difference between us keeping his money like we tried to rip him off and us offering what was a refund for most of what he paid. He also still doesn't seem to accept that when he said "one more word from you and I take you to court" lead to me no longer communicating through non-legal channels.
Yes, grief and hassle is a big factor: up to 2010 I had sent you 40-50 emails. I had asked for refund and I had been ignored.
That comment, Lee - came after 50 odd emails and lots of bullshit and delaying tactics. I was civil with you for a very long time - have a read of the emails to be sure here. At the end of the day I felt you were behaving fraudulently trying to get out of your objigationto me as your Customer and you never once adhered to your own returns policy, Lee.
To be honest, I felt that you were simply going to net too much on EBay so I sunk your Auction for ideological reasons but I can tell you I had no issues sinking your auction based on how you treated me. I dare say you lost a bit of cash but I bet my bottom dollar you made it back too. Me, on the other hand I have been without machine or money for a very long time and it looked like there was no way for me to get the assets or money back. When I was asked by a couple of members on this forum to go into detail as to why I had a problem with you, Lee I went back into it once more. In truth I wrote the debt off after 2010 and hence I never sent any more emails to you asking for my money, but you (any any of you who read the emails) will not that I contacted you in 2007, 2008 and 2010 asking for my money from you and they were categorically ignored by you, Lee. As such, going public was an option left to me and that is what I did and we find outselves here trying to resolve this long standing issue.
VideoGameImports wrote:
10) This is the big one. Despite him saying he has it and me asking several times, he can't produce an invoice/receipt. He expects me to give a refund or credit for as much or even more than he paid despite him not showing me a receipt/invoice. It's been over 7 years. We don't have his details. It's so long ago now that we no longer use the same courier and we don't have his system here. It's asking a lot considering the time and what proof he has of what he bought. All he showed me was a quote on an email for the price of certain items and that was a quote with 2 different prices. I think I remember what he bought and what I think I remember seems to tally with what he says he's bought but really, this is ridiculous. Who would give credit or a refund after over 7 years without any documentation?
Yes, it is indeed a long time. As I said int he email I have moved house a few times and even moved country. I have all my receipts going back to 1998. What's more I also have all my bank records.
The only way you will see me routing through and finding that box of receipts is if I am called ot do so in court. We both agree that this did occur so how dare you attempt to worm out of this by factoring in time. We both agree that this is an issue that has gone unresolved.
As a Business you most certainly should have all records. I can provide you with bank transaction details going back to 2007 and it will clearly show the transaction took place - for the record it was a HSBC Bank VISA Card transaction and this can easily be verified regardless of time and duration. Would you like me to provide that but there should be absolutely no doubt here.
As a testament do you think that someone such as me could be that angry after all that time if I was someone trying to pull a fast-one? Not likely, there are easier options than this.
VideoGameImports wrote:
11) I offered him full credit for everything except what he kept and the CD-ROM value. I valued the Duo power supply he kept/broke at less than we sell it for. I didn't mention the financial loss we incurred due to his Sapphire auction meddling and I didn't even mention the value of the joypad which he kept and technically needs to return or we should be putting a value on it. He won't accept the CD-ROM value and still says I'm ripping him off with that. I said if he prefers to call the £25 (which is the value I placed on a CD-ROM repair) amount for the Duo joypad and Sapphire loss that's fine by me because it's about the same amount but he thinks it's perfectly fair for him to have ripped us off over Sapphire. Which it isn't.
No, CD Drive was not caused by me and will not be held accountable for it. If you look at the emails and what I have written here and in emails sent recently I have been very honest and stated exactly what I damaged - the PSU and that indeed has a value attached to itself. If I was someone out to rip you off, Lee I would NEVER have been that honest, I would have played and maintained that 'it must have broke in the post...'. The pattern does not fit. At the end of the day 25 quid is nothing to me but I will not accept you blaming me for the damage. As Skykid wrote you need to be accountable here and the machine was clearly sent to me in a damaged and untested state - anything you pertain to or claim to is periphery or in in German 'EGAL'.
VideoGameImports wrote:
So there's a lot of sticking points for anything other than us giving him a Duo. Regarding us sending anything to him, even that's a problem because he won't give us an address! The whole thing is utterly crazy and I'm pissed off.
Following the last email I sent to you tonight I agree to accepting the Duo.
That is incorrect, I have told you that a German Address can be provided; the original problem was in finding a UK Addresse who would be happy to take it for me, Lee - my friend will not give his Address to you, Lee so I have stated that I will ask a friend in Germany to accept the machien for me. Granted I have not sent you that Address as yet as we are still working out the details of the resolution.
Yes, many of us are pissed off with this. I most certainly harbour a grudge and have a serious problem with people ripping me off.
All that said, and keeping in mind the emotions and ideolgies involved we shall find a Resolution to this situation if both parties are able to keep the exchanges civil and that has been the case so I commend you for that, Lee.
Cheers,
Minty.
I used to holiday in Germany every year as a kid, I have a German uncle and about 15% of our total sales are from Germany!
