Issues with a dealer

[LafayetteCountyDigger]

So many of y'all know I bought a mis represented artillery sword at the Southaven show. I bought it from a guy who runs trimbles tavern and he lied and said he would be at the Corinth show to give me a refund. I called him yesterday to confirm but he he did not answer. I called him today and he answered but I heard a lot of background noise, then I heard him talking. He said do not answer the phone from an Oxford Mississippi number it's a kid that bought a sword from and some a**s holes who don't know what they are talking about told him it has nothing to do with the civil war. Then it went silent then hung up. Im guessing I was not supposed to hear that but looks like I'm not getting a refund any time soon. If anyone is willing to help me work something out with this scammer please dm me. I would like all collectors to know what he has done to me. I have his personal phone number and his stores number. How do I know I'm not getting a refund? I called him with a different phone that has a different area code and he said that he would not be at the Corinth show

 

[LafayetteCountyDigger]

I guess it's not a total loss as I saw a similar one sell on eBay for auction for 550$ but still I would do anything to get my money back

 

[JOHN42768]

Check with your local police, can't hurt. Also promoters of venue where you purchased it.

 

[LafayetteCountyDigger]

Check with your local police, can't hurt. Also promoters of venue where you purchased it.

He in Virginia and I'm in Mississippi

 

[LafayetteCountyDigger]

Is there anyone who live near him on the forum? He is in white stone Virginia

 

[John Winn]

Unfortunately, I'd say the only way you might get a refund (legally) is if you filed a small claims in the county in Mississippi where the sale occurred and are willing to appear in court there and have proof that you were defrauded (or offered a refund). Usually, these things are more expensive to settle legally than what one can recover and most shifty dealers know that. This is most likely a civil matter and not a criminal one so the police are not going to get involved (especially if the deal didn't occur in their back yard). However, if you did file a small claims and he doesn't show then you win. That said, all that will happen is that a claim will be filed against him but the state will not collect on your behalf. Sometimes such claims can impede other transactions but more commonly they don't (certainly if not filed in the state where the accused resides).

You can certainly make a stink on social media but be aware that you might end up with a slander lawsuit. This may just have to be a live-and-learn lesson.

I'm not an attorney (but I know some) but from my experience and my wife's experience in the courts I think that's how this will end (assuming he doesn't actually give you a refund).

 

[redbob]

Caveat Emptor (let the buyer beware). It's a painful realization that you have been had, but we've all been there (whether you like to admit it or not) .

 

[LafayetteCountyDigger]

I'm not gonna go that far I'm actually not even mad about the sword I think it's cool and it could have possibly been imported to the us. What I am mad about is the fact he lied and changed his story 5 times about it. First it was pre civil war then it was a non reg sword to a union word, to a confederate sword, to a French import. I really want everyone to be aware of this scum bag and if a refund can be set up I'll definitely take it

Unfortunately, I'd say the only way you might get a refund (legally) is if you filed a small claims in the county in Mississippi where the sale occurred and are willing to appear in court there and have proof that you were defrauded (or offered a refund). Usually, these things are more expensive to settle legally than what one can recover and most shifty dealers know that. This is most likely a civil matter and not a criminal one so the police are not going to get involved (especially if the deal didn't occur in their back yard). However, if you did file a small claims and he doesn't show then you win. That said, all that will happen is that a claim will be filed against him but the state will not collect on your behalf. Sometimes such claims can impede other transactions but more commonly they don't (certainly if not filed in the state where the accused resides).

You can certainly make a stink on social media but be aware that you might end up with a slander lawsuit. This may just have to be a live-and-learn lesson.

I'm not an attorney (but I know some) but from my experience and my wife's experience in the courts I think that's how this will end (assuming he doesn't actually give you a refund).

 

[John Winn]

I'm not gonna go that far I'm actually not even mad about the sword I think it's cool and it could have possibly been imported to the us. What I am mad about is the fact he lied and changed his story 5 times about it. First it was pre civil war then it was a non reg sword to a union word, to a confederate sword, to a French import. I really want everyone to be aware of this scum bag and if a refund can be set up I'll definitely take it

I understand. But be careful what you say about this guy. If you don't have absolute proof of your accusations you could find yourself in a bad place legally. Realize that his business is at stake (even if he is guilty of what you say) so he could call you out. If you don't have something in writing then you are sh*t out of luck. That's just my opinion and not legal advice. Be careful.

 

[LafayetteCountyDigger]

I understand. But be careful what you say about this guy. If you don't have absolute proof of your accusations you could find yourself in a bad place legally. Realize that his business is at stake (even if he is guilty of what you say) so he could call you out. If you don't have something in writing then you are sh*t out of luck. That's just my opinion and not legal advice. Be careful.

Ok thanks for all the advice but I don't plan to do anything because I've done everything I can do

 

[bayonet]

Sorry this happened to you young collector. A Small Claims would not bear you fruit since he is out of State and no doubt does not have a business nor is he a major company in your State. Small Claims is great for standing up for yourself. I have probably filed 16 or more in my life and won all but 2 (Covid killed one). I have collected on all but 2 (the Bums claimed Bankruptcy). I beat a City, I beat a Hospital, I've beaten Insurance Companies. Hear is one possibility (or 2) to operate a business he has to have a License issued by the State, in this case Virginia. Google The Attorney General of the State of Virginia and their address. Write them a complaint letter against this Clown. Mention your a young collector, working jobs, student etc. That he lied to you on the refund 5 times (give dates of each) and lied numerous times on the true origin of the item you purchased, etc. They will contact him hopefully on your behalf, he will **** himself because he does not want the trouble, and you will get your refund (hopefully). Also contact the Representatives that run the show he was at (they probably run several shows) when you brought it. Tell them the same issue and they many bar him from attending further shows or reach out to him to give you a refund. Best of Luck. Called us A******s did he! After looking at his website he's a 2 bit junk dealer.

 

[LafayetteCountyDigger]

Sorry this happened to you young collector. A Small Claims would not bear you fruit since he is out of State and no doubt does not have a business nor is he a major company in your State. Small Claims is great for standing up for yourself. I have probably filed 16 or more in my life and won all but 2 (Covid killed one). I have collected on all but 2 (the Bums claimed Bankruptcy). I beat a City, I beat a Hospital, I've beaten Insurance Companies. Hear is one possibility (or 2) to operate a business he has to have a License issued by the State, in this case Virginia. Google The Attorney General of the State of Virginia and their address. Write them a complaint letter against this Clown. Mention your a young collector, working jobs, student etc. That he lied to you on the refund 5 times (give dates of each) and lied numerous times on the true origin of the item you purchased, etc. They will contact him hopefully on your behalf, he will **** himself because he does not want the trouble, and you will get your refund (hopefully). Also contact the Representatives that run the show he was at (they probably run several shows) when you brought it. Tell them the same issue and they many bar him from attending further shows or reach out to him to give you a refund. Best of Luck. Called us A******s did he! After looking at his website he's a 2 bit junk dealer.

Thanks for the advice

 

[UCVRelics]

If anyone is willing to help me

Stop by and see me at the Corinth Show and I will tell you how to deal with him

 

[A. Roy]

Stop by and see me at the Corinth Show and I will tell you how to deal with him

This is good advice -- definitely stop in for a conversation with @ucvrelics!
R

 

[Sheltowee]

I see you left a negative Google review of his business. Personally, I would do same for any related site that offers opportunity for a review/ rating.
Is documenting your negative experience tantamount to slander? Legally, I dunno- but seems to be the purpose of offering a review.
I would offer my honest experience at every opportunity. Seems to me you have a voice too.
If sharing your dissatisfaction prompts him to take legal action- I would be willing/ able to meet that challenge, as well.
But that's just me….

 

[John Winn]

I see you left a negative Google review of his business. Personally, I would do same for any related site that offers opportunity for a review/ rating.
Is documenting your negative experience tantamount to slander? Legally, I dunno- but seems to be the purpose of offering a review.
I would offer my honest experience at every opportunity. Seems to me you have a voice too.
If sharing your dissatisfaction prompts him to take legal action- I would be willing/ able to meet that challenge, as well.
But that's just me….

I generally agree. I'd just be careful with what I said. Saying something like "I felt the item was misrepresented" or "he has not responded to my request for a refund" are OK as they're statements of fact or opinion. However, I'd definitely not say "this guy's a crook and a lying SOB." That's slander (unless he's actually been convicted of such). Would the guy actually sue ? Who knows but why put yourself in a precarious position.

 

[bayonet]

It would be a difficult task to sue young collector for slander unless he is a Millionaire, public figure, famous celebrity, etc. Ok don't use profanity when going after him or nasty language. Remember your in different States and it would be a tough task for him to go after you and not worth the time or money.

 

[A. Roy]

I'd definitely not say "this guy's a crook and a lying SOB." That's slander (unless he's actually been convicted of such).

I think slander is usually understood to mean something spoken out loud, whereas something written would be libel. I'm not really qualified to give legal advice -- just repeating what my lawyer told me some time ago. Slander is probably more difficult to prove, but with libel the injured party would have something written to produce as evidence. Unless you have deep pockets, it does seem less likely that someone would come after you in a civil suit for libel -- but isn't libel actually a crime in some states, with jail time or fines possible?
ARB

 

[bankerpapaw]

Check with your local police, can't hurt. Also promoters of venue where you purchased it.

Put the word out on this crook. Word of mouth can accomplish a lot.

 

[bayonet]

Put the word out on this crook. Word of mouth can accomplish a lot.

Maybe we should all e-mail the Crook and tell the Dirtbag to refund the kids money!