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-   -   Any recourse for buying used parts out of state from a business (https://www.offshoreonly.com/forums/beware-stolen/312030-any-recourse-buying-used-parts-out-state-business.html)

Irishtornado 05-08-2014 09:23 AM

Any recourse for buying used parts out of state from a business
 
I purchased some parts out of state and the business claimed they were in good condition not needing anything. When I received them I have thrown away better stuff. Do I have any recourse legally when a business sells something that is described as good condition not needing rebuilt or repaired and then it does?

I've tried to work with the business even offered to drive 5hrs to return parts for a refund. Now party is not will to answer phone or talk to me and says they will rebuild if I want.

obnoxus 05-08-2014 09:47 AM

How did you pay?

Irishtornado 05-08-2014 10:28 AM


Originally Posted by obnoxus (Post 4118888)
How did you pay?

Wire transfer. He wouldn't take credit card or Paypal because of fees.

phragle 05-08-2014 10:41 AM

wire transfer??? consider yourself lucky you got anything!!!

Irishtornado 05-08-2014 10:54 AM


Originally Posted by phragle (Post 4118922)
wire transfer??? consider yourself lucky you got anything!!!

He has a marine business and at this point I'm not going to disclose his business name as I'd like to resolve the matter civil. I trusted him because of him having a business and his communication with me both via phone and Internet.

phragle 05-08-2014 11:10 AM

What kind of buisness doesn't take credit cards??

Irishtornado 05-08-2014 11:34 AM


Originally Posted by phragle (Post 4118941)
What kind of buisness doesn't take credit cards??

What I asked him, but he said he wouldn't take Paypal or Credit Card because of the fees involved.

obnoxus 05-08-2014 12:07 PM


Originally Posted by Irishtornado (Post 4118906)
Wire transfer. He wouldn't take credit card or Paypal because of fees.

No offence,,,,, that's not why he wouldn't take it,,, if it was fees,,,, he would just tack on a few bucks.

He said wire transfer only because now you have no recourse.

Irishtornado 05-08-2014 12:43 PM


Originally Posted by obnoxus (Post 4118978)
No offence,,,,, that's not why he wouldn't take it,,, if it was fees,,,, he would just tack on a few bucks.

He said wire transfer only because now you have no recourse.

I realize that now, but hopefully legally I can do something at this point as they're is a paper trail and a receipt from his business stating the condition of parts. I'd prefer not to get into the drama of slamming a business and posting all documents "if" there's a chance at resolving this in a civil manner, but I guess nowdays people don't have morals when it comes to running a business.

brian41 05-08-2014 01:04 PM

I quit giving scum chances............out them is the only way to get action.......that is if you are 100% right and they are 100% wrong and they refuse to do the right thing. What kind of time frame has it been?

phragle 05-08-2014 02:34 PM

Odds are he does not take credit cards because he is tired of people hitting him with charge backs on crappy parts...... The percentage the card companies hit you with are miniscule compared to the lose of buisness because you don't take cards. Nobody does anything with cash these days, I rarely have a real dollar in my pocket, everything, gas, smokes, bigmacs, boat parts is a swipe. Especially if he is doing buisness on the internet, he has to have an easy way to get payed or he is not doing buisness,

Unless you are buying parts from a friend or a place you do a lot of buisness with, that really good deal is going to cost you more in the end. Hindsight is always 20/20, but now you know the red flags to look out for. hopefully it wasn't that expensive of a lesson

Indy 05-08-2014 03:33 PM


Originally Posted by obnoxus (Post 4118978)
No offence,,,,, that's not why he wouldn't take it,,, if it was fees,,,, he would just tack on a few bucks.

He said wire transfer only because now you have no recourse.

Pretty much this. This dude obviously has experience.

obnoxus 05-08-2014 04:29 PM

You know what really pisses me off,,,,,,, if these fukers put half the effort into working as they do into screwing people over,,,,,, they could actually make something of themselves.

Karma is a ***** though,,,,, a guy screwed me over bad once..... his life went to **** ........it all comes back around

wannabe 05-08-2014 05:51 PM

Did you get pictures? How much $ we talking?

Honestly, wire and no credit card is a tip off.

Wannabe

Irishtornado 05-08-2014 06:03 PM


Originally Posted by brian41 (Post 4119004)
I quit giving scum chances............out them is the only way to get action.......that is if you are 100% right and they are 100% wrong and they refuse to do the right thing. What kind of time frame has it been?

7 days since I paid for the parts, but he's pretty much said NO REFUNDS but he's clearly misrepresented his parts. Then has the balls to offer to rebuild it for me after he said it was in good working condition. I'm proceeding forward at this point and then I'll out him every chance I get.

Irishtornado 05-08-2014 06:10 PM


Originally Posted by wannabe (Post 4119164)
Did you get pictures? How much $ we talking?

Honestly, wire and no credit card is a tip off.

Wannabe

Yea I got pictures. He just did the hide whats wrong with it well. I'm out $1000.00 which to some isn't alot but to me considering the money I'm spending on my boat this winter is alot.

To me it's more the principal than the money. I was brought up a handshake and your word where gold. Now days it's screw your neighbor and then his wife. He'll get his I'm sure of it. I've given up on the point of him refunding the money so now I'm pursuing it further in the end it'll cost him more. What's baffles me was I was willing to drive 5hrs to return the parts to get my money and eat the shipping he wouldn't have been out anything other than reselling them again. Mind blowing. Thanks for the advice and it has been a lesson learned. Trust no one that is selling boat parts used and the ones that won't take credit cards don't trust at all!!!!!!!!

waybomb 05-08-2014 06:57 PM

So who was it?

mike tkach 05-08-2014 08:10 PM

you really should tell who it is so they cant screw any of us!

Irishtornado 05-08-2014 08:24 PM


Originally Posted by mike tkach (Post 4119239)
you really should tell who it is so they cant screw any of us!

Give me a little time to resolve this. Shouldn't take long.

wannabe 05-14-2014 10:52 AM


Originally Posted by Irishtornado (Post 4119254)
Give me a little time to resolve this. Shouldn't take long.

Thanks Irish- I want to make sure I don't get screwed too....

Deliberatly hiding whats wrong with the parts is bad...

catman01 05-15-2014 08:58 AM

Good luck with getting it worked out! People like that give all in the marine industry a bad name.

Irishtornado 05-15-2014 12:40 PM

I have no recourse unless I want to sue and it's not worth the legal fees. He knew exactly what he was doing. Business name was Indy Pro Spray and Marine in Danville,IN.

He operates out of his house from what I can tell and advertises on Facebook. Business has been registered with IN since 5-13

troper 05-15-2014 01:13 PM

Irish, Is he on FB Swap Shop? What is his user name?

dsparis 05-15-2014 01:33 PM

https://www.facebook.com/IndyProSprayMarine

Irishtornado 05-15-2014 02:21 PM


Originally Posted by troper (Post 4122570)
Irish, Is he on FB Swap Shop? What is his user name?

Yes he is...Bryan Ellingsworth

low_psi 05-16-2014 10:41 AM


Originally Posted by Irishtornado (Post 4122601)
Yes he is...Bryan Ellingsworth

You have the power, ban the SOB from the Swap Shop page. I have had very good dealings on the Swap Shop page (even had a guy who didn't take Paypal send me the prop first, then I sent him a check after I received!), IMO there is no room for liars and thieves on that page. It ruins it for everyone else. Every time that guy screws someone, it makes it harder for the next guy to trust anyone on there.

inspector747 05-16-2014 03:22 PM

Time to leave some messages on his facebook about the real person he is

Irishtornado 05-17-2014 02:37 AM


Originally Posted by low_psi (Post 4123092)
You have the power, ban the SOB from the Swap Shop page. I have had very good dealings on the Swap Shop page (even had a guy who didn't take Paypal send me the prop first, then I sent him a check after I received!), IMO there is no room for liars and thieves on that page. It ruins it for everyone else. Every time that guy screws someone, it makes it harder for the next guy to trust anyone on there.

Better to leave him up there and let everyone know what kind of business he is. I haven't posted anything due to a lot of personal stress as well as work related I'm dealing with and with Facebook you aren't hidden behind a username so it turns into a personal vendetta. I have all the emails and text as well as receipts and pictures to back up my claim. Trust me I'm watching what he posts.

Port Monster 05-17-2014 06:23 AM

I would l like to hear more about the kind of parts you got and what was wrong with them?

Irishtornado 05-17-2014 09:43 AM


Originally Posted by Port Monster (Post 4123487)
I would l like to hear more about the kind of parts you got and what was wrong with them?

As I said above I've got alot of personal issues going on right now and don't have time to deal with the drama that unfolds from this, but it was 2 HD XR transom assemblies that where supposedly in perfect working condition nothing needed. Once I received them which was hidden in pictures and description via phone and text was that the top pins where shot and leaking, tiller arms where cutoff, trim hoses where cutoff and shift cables where cutoff. Hinge pins on 1 of assemblies where worn and needed replaced. When I confronted him about it he said he described them to the best of his ability and NO REFUNDS on used parts, but he would rebuild for me at my expense. Who sells perfect working parts that is a marine repair facility and then offers to rebuild them if there was originally NOTHING wrong with them when he sold them???

Once I spoke with a attorney and found it would be too expensive to pursue I've since sold the assemblies for parts at a loss to a local shop. Washed my hands of it and no longer wish to deal with it. I've done my part to warn people so they don't get burned and wish to move on.

huskyrider 05-19-2014 05:22 PM


Originally Posted by phragle (Post 4118941)
What kind of buisness doesn't take credit cards??

MINE !!!
There's just not enough room in my profit margin for merchant service fees anymore on my swimming pool construction projects. I quit taking them 4 or 5 years ago when our markup took a beating from new competitors moving here from Florida, Arizona, and California. Those boys sure know how to bid projects cheap LOL!!!

I do agree that any business owner dealing with retail or service/repair should take credit cards.

See ya,
Kelly

commandersander 05-19-2014 09:35 PM


Originally Posted by Irishtornado (Post 4123568)
As I said above I've got alot of personal issues going on right now and don't have time to deal with the drama that unfolds from this, but it was 2 HD XR transom assemblies that where supposedly in perfect working condition nothing needed. Once I received them which was hidden in pictures and description via phone and text was that the top pins where shot and leaking, tiller arms where cutoff, trim hoses where cutoff and shift cables where cutoff. Hinge pins on 1 of assemblies where worn and needed replaced. When I confronted him about it he said he described them to the best of his ability and NO REFUNDS on used parts, but he would rebuild for me at my expense. Who sells perfect working parts that is a marine repair facility and then offers to rebuild them if there was originally NOTHING wrong with them when he sold them???

Once I spoke with a attorney and found it would be too expensive to pursue I've since sold the assemblies for parts at a loss to a local shop. Washed my hands of it and no longer wish to deal with it. I've done my part to warn people so they don't get burned and wish to move on.

Irish....

Please don't take this the wrong way...meaning....keep in mind the lack of facial influence and voice inflection in my reply....

You have been around long enough to be fully aware of the power of oso. To come out directly asking for input, and closing with "I've done my part" is frankly, bull sheet.

We collectively have no issue other than a brother that got burned, and with that, we are ready to act on your behalf.

For you to follow up with your last post...basically putting the risk on us without sufficient protective info is a bit shallow.

At this point, I think it would behoove you to follow through, regardless of "issues" that could now leave your brothren exposed to this tool.

Help us, help you.

Irishtornado 05-19-2014 10:31 PM


Originally Posted by commandersander (Post 4124832)
Irish....

Please don't take this the wrong way...meaning....keep in mind the lack of facial influence and voice inflection in my reply....

You have been around long enough to be fully aware of the power of oso. To come out directly asking for input, and closing with "I've done my part" is frankly, bull sheet.

We collectively have no issue other than a brother that got burned, and with that, we are ready to act on your behalf.

For you to follow up with your last post...basically putting the risk on us without sufficient protective info is a bit shallow.

At this point, I think it would behoove you to follow through, regardless of "issues" that could now leave your brothren exposed to this tool.

Help us, help you.

I did follow through if your on Facebook theres 101 comments to my post on there of BUYER BEWARE which is where I bought the parts or found parts I should say.. It's down a couple posts

https://www.facebook.com/groups/101777369989888/

catman01 05-22-2014 11:15 PM

Irish sorry you got stung! I am sick of hearing about the lack of morals with which some operate! If you are still in need of parts feel free to contact me and I will see if I can help you out. Rob

Irishtornado 05-23-2014 01:20 AM


Originally Posted by catman01 (Post 4126755)
Irish sorry you got stung! I am sick of hearing about the lack of morals with which some operate! If you are still in need of parts feel free to contact me and I will see if I can help you out. Rob

I just used my stock assemblies which were tight I was just preparing for future projects. Lost some money, but learned a lesson. I see from the other thread about the drive people don't have morals. Karma is a *****

ThorazineShuffle 07-30-2015 07:22 AM

I understand that this thread has been dead for over a year. However, I just wanted to give an update on Mr Ellingsworth. Recently he was indicted for insurance fraud. I guess his practice of screwing people didn't stop with his customers...

Irishtornado 07-31-2015 02:12 AM

Interesting. I guess what goes around comes around. I see he's trying to sell a boat on Facebook

Dbrewer2017 09-20-2017 01:22 PM

Sorry we are in the same boat
 
Bryan ellingsworth from INDY PRO SPRAY and MARINE robbed me traded a boat for a boat he had. Motors were bad paid him cash to rebuild may I say I took him a complete boat and got it back in pieces after a year went by. Had to reassemble it my self and what do you know a lot of parts are missing????? The he'l with this company it' time for a law suit


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