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#55948 Tue Aug 15 2006 05:01 PM
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Purchased and paid for a Fry 117 in the Old Gas for sale postings back in Feb. Well 6 months later still no pump. Any suggestions on how to get my pump or money back?????
Jeff

[This message has been edited by jrwienri (edited 08-21-2006).]

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#55949 Tue Aug 15 2006 06:46 PM
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sounds like you got scammed..... you gotta watch it, even on these "outta the way" sites....... there are a lot of people doing this on eBay too. watch it...... how much did he get you for?

#55950 Wed Aug 16 2006 08:07 AM
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Jeff: If everything you say is true (I have no reason to doubt you, but have not heard the other person's side) then call the Fort Wayne Police department and ask to speak with the detectives and file a complaint. Get a case number and the detective's name. Email or phone that information to the defendant (Guy who has your $$$) You may also want to call the County Attorney's office in Fort Wayne and tell them you have filed a compalint with the police and ask what the next steps are. Get a name and share that with the guy as well. I have found that people feel safer many miles away until they start seeing local authorities get involved. Will cost you some time, effort and phone calls. Might be worth it. Keep us posted.

Alex


Alex
Looking for Texaco and Power Gasoline items
#55951 Wed Aug 16 2006 08:54 AM
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Jeff,

I would have a friend or member stop by and visit him. See if he still lives at the same address you sent the money. Let him know you are going to act aggressively and not let this go. He can't hang up on someone appearing at his front door.

#55952 Wed Aug 16 2006 09:37 AM
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I don't know who Troy Houtz (AKA Dekrout) is but looked up his name here on oldgas and he had posted many times with guys responding. He looked as though he was a regular member to me. Any oldgas guys know him and can help out another member?


Looking for anything from Hoosier Pete, Platolene 500 and Red Bird.
#55953 Wed Aug 16 2006 06:15 PM
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Alex,
Are you sure that the local police "detectives" will take on this type of dispute? It sounds more like a tort case than a criminal case to me.

Paul

#55954 Wed Aug 16 2006 06:41 PM
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Pablo,

They should take it on. I've heard of many cases in the past where this was done, and worked very well.

Wes

#55955 Wed Aug 16 2006 07:38 PM
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I think Scott "powerlube" called the local police to get his recent Lion sign dispute settled and a friend of mine in Nebraska recently did the same. My friend in Nebraska bought a sign on ebay and after nearly two months and several attempts to contact the seller he called the local police to do a "wellness check" since the guy had some good feedback he told them he was concerened as to why he had not been able to contact him or get his item. When the police arrived to check on him his wife was at home and was very angry and embarrassed about the situation. His sign was sent quickly after that visit. The local police will get involved. I'd start there unless you know someone in the area who can knock on the door and be ready to get your stuff out of there.

#55956 Wed Aug 16 2006 08:44 PM
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Thanks for the inputs guys. JJ I had the same thought. Looked like a regular member who I could trust. The whole thing is weird. For those questioning, here are the details. We struck a deal in Feb and I sent the money off right away. Even sent next day express mail as he said he really needed the money. Since it was a fry 117 I asked him if he would be willing to split the pump into 3 sections (Jar, Center, and Base) to ship easier. He agreed, mailed me the dimensions and weights and I set up the shipping so all he had to do was drop off at FedEx. I even sent him all the shipping labels so he would not have to bother with them. After a few weeks he shiped the bonnet, u pipe and valve. Fed ex told myself and him that he could ship the two large sections without a crate and just wrap in Shrink wrap (I’ve received car rear ends Fedex like that). He called one day from FedEx saying they wouldn’t take it even though previously they said they would. I talked to the FedEx clerk and we all agreed that he could just strap the parts to some flat plywood bases and that would be OK. After 2 more months of calls I left a message that maybe I needed to take other action. He called angry saying he was a small town guy and honest as the day is long and how could I question his integrity. I said a little communication goes a long way in situations like this. A week later he shiped the cylinder. 3 months of calls later he finally said he would ship the rest within the week. He even said it’s boxed and ready to go. Didn’t happen and now 3 more weeks and a total of 6 months into the deal now no returned calls. It just doesn’t make sense. He seems like an honest guy. Why would he have shipped the items he did and not the rest? I have offered additional money for the original FedEx inconvenience and he said it wasn’t necessary as he was sorry for delays on his end. If I could find someone in the Fort Wayne area to contact him and maybe pick it up maybe that would help. I just don’t get it.
Thanks Guys

[This message has been edited by jrwienri (edited 08-21-2006).]

#55957 Thu Aug 17 2006 12:58 PM
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Jeff,
What you have is not a tort case - a tort is a "civil wrong other then breach of contract". You have a simple breach of contract case. And although contracts for sales of goods above $500 should be in writing, many times a canceled check, emails, etc. will be sufficient to fulfill the "statute of frauds" requirement of "in writing". You also have a criminal case - the local detectives should absolutely be willing to take on your case as the seller is also commiting criminal fraud by not turning over the pump, if indeed that is what has happened. Since the amount is under $3000 you could take him to small claims court in Fort Wayne since they would have personal jurisdiction, although travel would most likely be an issue. Stick with the police department...that's sound advice.
Jeff


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