Here's the dealy yo:
I was living in Medford, OR. I sold a $150 used chandelier on ebay to this guy in TX on March 17. He agreed to the Shipping Terms & Conditions set forth in my ebay auction agreement when he won my auction; Two Explicit conditions were "All Sales are FINAL, unless the item has been grossly misrepresented" (which it wasn't) and I am not responsible for your item being lost, late, or damaged in transit.
I shipped it through Allied Services (Fed Ex) in Medford, bought insurance on it for $150.
TX Guy emails me and tells me it looks like Fed Ex has thrown it against his door and there's a big hole in the side of the box and when he opened it, it was damaged.
I contacted Allied Services and they had me fill out some paperwork and also fax them the auction agreement as proof it was valued at $150. The Allied Services manager said that since I had packaged it and they hadn't, that they would send a person out (in TX) to examine the lamp and if they could repair it at their facilities cheaper than the insurance amount, they would to that. (HUH?) I thought that sounded odd, but this was the first time (and last after this fiasco) I had ever used Fed Ex to ship something, so I didn't know jack.
Months pass by and I move to Florence. One day I get an email from ebay stating that the guy from TX was doing an INFORMATION VERIFICATION on me to find out my name, email, address, etc.
More months pass, and I receive a BCC: letter in the mail from the TX guy basically showing that he had written a letter to Allied Services asking that they:
1.) Inform him of the status of his chandelier
2.) Immediately file a claim for damages with FedEx and send the insurance proceeds to him
3.) Provide written instructions to Fed Ex to deal directly with him on this claim and issue the insurance proceeds directly to him. He also said that there was a time limit in which he had to get this claim done and that Fed Ex will only deal with the shipper (Allied Services), hence his instructions to have Fed Ex deal with him directly.
More months pass by and today I get served at my house with small claims court papers.
This is all it says:
His address My address
Claim and Notice of Claim
Case No.
Plaintiff asks for judgment against Defendant for a claim which arose on the 17th day of March, in the sum of $1339.00 for DAMAGES RESULTING FROM THE PURCHASE OF A BRASS CHANDALIER.
I have 14 days to respond and My options to respond are:
Admit and pay the amount (ha ha ha)
Deny the claim and demand a small claims hearing and enclose $40.
Deny the claim, demand a small claims hearing and file a COUNTERCLAIM and enclose $40. I claim that the plaintiff owes me $% because: % (only gives me 3 small lines here to answer)
Deny the claim and demand a JURY TRIAL (applicable only if the claim exceeds $750) also enclose the defendant's appearance fee of $111.00 and a jury fee of $130.
Um, I cannot even believe this guy. He's wasting almost as much in court fees as he paid for this chandelier. $1339.00??? Get the F*$ outta here, JACKSON!?!?!
Um, pssssst. Hey, michael. Um, a deal is a deal. You agreed to those two conditions in the ebay auction agreement.
Do you honestly think you will get this $ outta me, or are you just trying to prove a point in your sick demented mind by making me have to shell out some dough for your tough luck. Why do you think I put that clause in there about me not being responsible for your items once I leave it with the shipper??? BECAUSE I HAVE DEALT WITH THIS S$%#$ BEFORE, THAT'S WHY! Der duh der... Der duh der.
Oh yeah, and by the way... Even if you win your cheesy little case (WHICH YOU WON'T), good luck garnishing my wages. I'm unemployed right now and won't be fore a long time since I have someone that takes care of me...
You know, had you just been a decent human being, I probably would have refunded your stupid $150. But you didn't call, email, nothing. You just served me with court papers suing me for 9 times the amount of your purchase because Fed Ex denied your insurance claim. SUE THEM, NOT ME, DUMBA$.
Leah
Florence, Oregon
U.S.A.
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