Public Mediation

Tony Rue-Dispute-#1960461

C. B. vs. Tony Rue
4471 Timber Glenn Drive #3, Batavia, Ohio, 45103, United States
Amount Involved: $283.50
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Tony Rue
    • Claimant Seeks: View.
    • Claim #: 1960461
    • Amount Involved: 283.50
    • Filed On: Apr 21, 2012
    • Posted On: May 02, 2012
    • Complaint(s):
      • Bad business practices
      • Customer service runarounds
      • "I just feel ripped off."
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"I preordered 3 items from Tony, February 1, 2012, on ebay.

The items I preordered 3 Skylander game characters for my son's birthday on 3/24. I spent over $325.00 on these items. One item was sent after my son's birthday but the other 2 items are now 78 days old and Tony still has my money and items (if they have come in). I believe that one of the remaining 2 items has come in. He has 3 feedbacks on his account from other customers about sending them the exact items I pre-ordered.

After the first item was received on March 30, 2012, I provided a neutral feedback on ebay for this item. Tony was very upset with this neutral feedback which I simply stated I was happy with the item but didn't expect the delivery to be 2 months later. I then requested a refund for the remaining two preorder items. The refund request is for the total of $283.50.

Tony told me that he would give me a refund when I notified ebay that the neutral feedback was actually positive and when he was notified by ebay that it was changed. As of today April 20th, I still have not received a refund. I feel that it is totally inappropriate for him to hold my refund hostage because of a feedback he wasn't satisfied with.

I sent another email to him this evening requesting the refund. If he is true to his past behavior he won't respond to the email.

I am only requesting a $283.50 refund for the items I have waited 78 days for. I don't feel this is an unreasonable request.

I contacted ebay and paypal regarding this situation. The ebay customer service was VERY RUDE and I closed my acct. I was informed that since my order, which I hadn't received yet, was over 45 days old I had no recourse through customer service at ebay. So, I contacted Paypal and was told the same thing, since the order was over 45 days old, I had no recourse. While I know they have to have rules, if an order isn't fulfilled I don't believe they should say a customer has no recourse.

Tony is also knowledgeable of the rules so my emails requesting the refunds after the 45 days probably fall on deaf ears, because he know I have not a leg to stand on. I feel that this is the only avenue I have to possibly get my refund.

Tony's address is 4471 Timberglen Dr, Batavia, OH 45103

Please let me know if there is anything you can do to help me. I will also be contacting the Attorney General.

According to the feedback from other ordering customers from Tony, he has done this to other clients and the feedback was very negative.

Thank you for your help,
Sincerely,
Cindy Boyle"
...
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Additional Communication Between Claimant and Tony Rue Hide
  • May 12, 2012, Claiming party added:

  • Of the 3 items I purchased from you, SunBurn, Lightening Rod and Wham Shell I have received only SunBurn. You still owe me2 Action figures. I have no ebay account any longer so I haven't been sending you blackmail offers, you on the other hand have held my refund hostage until my neutral review was changed and accepted by eBay. I still have every communication we have exchanged and I have made no threats to you.

    When I receive the remaining 2 items this will be finished. I prefer a refund because you continue to tell me the remaining 2 items have not been released and I have purchased them from another source.

    I have NOT received ALL items please check your records and find you are mistaken.

  • May 12, 2012, Claiming party added:

  • I have also contacted the Internet fraud commission, information provided to me via PayPal and EBay. This could all be completed by Mr. Rue fulfilling his commitment.

  • May 12, 2012, Claiming party added:

  • In case you don't have the eBay item id numbers they are: 280817126910 and 280816872312. I received item 280816859966. Hope this helps you in resolving any bookkeeping and shipping problems.

    The last item was received on March 31, 2012.

  • May 19, 2012, Claiming party added:

  • In continued investigation I see that you have had negative feedback from 4 other purchasers with date ranges from 3/18/2012-5/14/2012. Vlcady on 5/14/2012 said you had no communication with them until they contacted eBay, bikerboarder89 Stated FFFFF!!! it is 18 days since payment and nothing....I want an answer or refund! (4/23/12) On 4/18/12 szt3872 said this person is a crook..no item and no refund after repeated repeated request!!!! On 3/18/12 beccajay13 said "Unprofessional is an understatement". This appears to be a pattern for you. I think you have me confused with one of these people because my last communication with you has been almost a month ago via email. I guess when you take people's money and spend it especially my $283.00 it would be difficult to return it. However that is not my problem. You continue to state on your eBay feedbacks nice person, easy to deal with, what happened to patient people? I believe waiting since February 1st to receive 2 items is very patient. I just hope that you learn someday to live by the golden rule "do unto others as you would have them do unto you".

  • May 19, 2012, Tony Rue (responding party) added:

  • yes 4 negative and 250+ positive is a patteren...

  • May 19, 2012, Claiming party added:

  • You may have had over 250 positives but now you have slipped into the negative mode, yes there is a pattern. Were you able to check your records and see that the last 2 items owed to me were not sent? Here they are again, In case you don't have the eBay item id numbers they are: 280817126910 and 280816872312. By chance will you be sending them to me any time soon? As you know or may not know, Paypal and Ebay as well as the state attorney general have been very interested in the information I have provided regarding this order. I have invested alot of money and I just want what I have purchased from you, either the products or my money returned. It's that simple. Nothing unusual, or out of the ordinary and since you have obtained so many positive feedbacks, somewhere along the line you must have provided that service to others. I hope that you provide better service at Gamestop than you have shown to me.

What Claimant Wants Hide
1. Refund: Purchase price and shipping Apr 27, 2012 $283.50
2. Other – Copy claim to regulators Apr 27, 2012 $14.95
3. Other – Pay for claim posting cost Apr 27, 2012 $7.95
4. Other – Physical delivery charges Apr 27, 2012 $2.99
Cash total : $309.39
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "Tracking # 0311 2550 0003 7587 0359.
    Items were shipped late as delayed from Activison
    They were shipped and recieved, ALL of them.
    Miss Boyle is harrasing through phone and email and making blackmail offers through eBay.
    Please check ALL of your facts and info before you make threats to post Online.
    If you still chose to post onlne you may but the tracking # says it all"

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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