Question concerning 8800gts

[tastegw]

ok, after i upgraded my old card (8800gts) to my new card (gtx280)
i sold the old card on ebay.

i just got this email today from the buyer, (he has had the card for over a week now according to my tracking numbers , edit: was delivered on 12-11-08)

Hi, I just got my motherboard and cpu and put the card in and it has red lines running vertically though the picture. I have tried two other card in the setup and they both work fine. The psu is brand new and 585 watts dual 20 mp 12 volt rails and tests good (I did try other psus as well. I'd like to return the card for a refund (unless you know how to get it to work) I have used 8800 gts cards in the past so I am familiar with correct instalation procedures.
Thanks

i am 100% positive that this card was working just like it was when it was new before i shipped it.
i made plenty sure that it was packed very well to prevent "usps" damage.

what the heck are my options.
i emailed this guy back asking for his total system specs to i could try to figure out if anything didnt add up.

your thoughts?

i need all the help i can get on this because i cannot afford to refund the money for a card that may have been overclocked and damaged that way.

 

[LinkedKube]

tell him to return the card then he can get a refund.

 

[tastegw]

im not so sure i even want to do that now,

i feel like this guy is trying to scam me now.

i find out that he is a trader. (buy low sell high)

after doing some research, i find that he has had multiple 8800gts of the same type as mine. thus i would never know if he would just send me back one of his "non" working cards.

i think he is trying to pull one off on me.

that pic above, is his listing. selling the same exact card i sold him. he posted this auction the same day my card was delivered to him.

 

[LinkedKube]

hmm sounds like a serious issue. did you tell him that you saw his auction being put up on day of delivery, do you still have the box it came in. or did you ship that with the card. I'm sure there has to be a way to link the box your original came in with the serial code.

 

[tastegw]

hmm sounds like a serious issue. did you tell him that you saw his auction being put up on day of delivery, do you still have the box it came in. or did you ship that with the card. I'm sure there has to be a way to link the box your original came in with the serial code.

i shipped everything it came with but the cd with old drivers on it. including box.

i didnt even register this product with evga (silly me) so i cannot look up the serial number @ my evga profile page. (registered products)

however with that said, he can still register this product and use their rma service.
i emailed him this info and waiting for a response.

in the meantime, he opened a paypal dispute against me saying product "not as described". with my proof of him trying to sell it, i do not think this will fly.

 

[LinkedKube]

i agree with you, just make sure you stay on top of it, being as though he's trying to sell your "broken" card. Which would make him a scammer.

Find the email for your shipping that tells you day of delivery to his location and make sure you screenshot the day the card went up for sale


Email it to paypal asap describing the issue.

 

[tastegw]

i agree with you, just make sure you stay on top of it, being as though he's trying to sell your "broken" card. Which would make him a scammer.

Find the email for your shipping that tells you day of delivery to his location and make sure you screenshot the day the card went up for sale


Email it to paypal asap describing the issue.

hotmail does not save my outgoing emials unless i check the box. but i do have the tracking number and it still works @ usps, showing delivery date and time.

and with my screenshot above. i thinik i have enough evidence to prove me good.

edit: btw, after he knew that i knew about his listing, he pulled it off ebay. thankfully i still have that screen shot. just wish i did not scratch out his ebay name and the item number, but what i did forget to scratch out was his ebay store name, it shows very well

 

[tastegw]

i am no longer going to protect his ebay user name

here is the link to his ebay auction

it clearly states in his description, that the item was in good working condition "like new"

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=300280343419&ssPageName=ADME:X:RTQ:US:1123

 

[adweston]

hrmm.. Serial numbers.. A vendor's best friend. There's a very good chance Paypal will side with him. The presence of his listing is not sufficient to prove that the item isn't defective.

If he doesn't have a lot of claims against him, Paypal will more than likely rule against you.

The thing is, Paypal will only ATTEMPT to pull the money out of your Paypal account. If it's not available, the buyer won't get it.

I hate to say it, but I think you're going to end up chalking this one up to experience.

 

[tastegw]

The presence of his listing is not sufficient to prove that the item isn't defective.

why not, if you take his words in his listing, he clearly states its in good working condition "like new"

 

[adweston]

why not, if you take his words in his listing, he clearly states its in good working condition "like new"

True.. But he could have easily posted that listing before he either personally received the item and/or tested it.

Best case scenario, all that listing means is that he ANTICIPATED and/or BELIEVED it to be in the condition stated. You can't even prove that was your VGA card he listed.

If what you're saying is true, I hope he doesn't succeed.... But with my experiences I'm reasonably certain he will.

 

[tastegw]

True.. But he could have easily posted that listing before he either personally received the item and/or tested it.

Best case scenario, all that listing means is that he ANTICIPATED and/or BELIEVED it to be in the condition stated. You can't even prove that was your VGA card he listed.

If what you're saying is true, I hope he doesn't succeed.... But with my experiences I'm reasonably certain he will.

i can prove it was the card, because he admitted to me it was my card he listed,
then pulled the auction off.

and yes, everything i said was true, i even made the ebay listing with the card i sold him.
only reason i was even selling it was because i upgraded to a newer card.
i also sold a psu and 1 stick of ram to 2 other members during this time.
all 3 pc parts were in 100% working order as they left my house for shipping.

 

[adweston]

Man, that's too bad. That really sucks. You need to bear in mind that Paypal is leaning heavily in favor of protecting the buyer as Ebay has been riddled with scams.

What that means to you as the seller is that the burden of proof is on you that the card was good, or that you presented full disclosure, return policy, etc.

Unfortunately, none of what you have right now can prove that card was not defective when the buyer received it.. Try and look at it from Paypal's point of view.. Two conflicting stories, they can't view the merchandise either before or after the sale..

It's a tough call for them to make, but when in doubt it will pretty much always go to the buyer.

Try and gather up any evidence you have. Maybe get him to slip up and tell you what he did with it, admit overclocking, mods, etc. Anything at all to cast doubt on his claim.

Good luck with it.

 

[adweston]

The only thing I can think of is this.. Formulate your Paypal response as follows:

Facts in case:

Buyer received said item on Dec 11 (tracking details available).
Buyer posts listing for said item on same day as received.
Buyer confirms listing was for seller's card (email available on request).
One week later buyer claims to finally test it with motherboard that "finally arrived", even though his listing says item works perfectly (was he lying then or now?)
Seller believes buyer to have damaged said unit and is now trying to fraudulently recover his losses.