OLX - I received a damaged item

Good morning

I purchased an item through OLX (computer component). I received a COD shipment. After checking on two computers and having the appropriate knowledge and IT education, I can say that the element is damaged. Visually it's fine, but it's electronically damaged. The seller claimed it was working. Contact was lost after receiving the parcel. I sent back the parcel with a pre-court request for return. He picked her up. Unfortunately, the sly guy thinks that I sent him a gift, that we can make a claim, and that he has nothing to complain about, and if he wants, he can send me back the parcel. Any idea? Amount per item below PLN 500.

A stalemate because I have no way to prove that the computer element was damaged from the moment it was shipped and that the carrier did not affect the damage. Of course, it did not affect and you can see cunning here because the person on the other side knows what's going on and what he can afford. At the time of installing the element in the computer and testing, I had a witness, but it is not enough.

Regards

Now it's just a bow debt collector: https://www.youtube.com/watch?v=hqujkk9b4ZM

Then I can drive into his house, take something of such value that will cover my losses, but then I'll have a problem. Even though I am the victim.

Hello.

OLX focuses mainly on local sales (you go to see if it works) and there are no buyer and seller rights. You knew what you were signing up for and now you can blame yourself, you didn't have to be greedy and greedy that you got something great. It is better to spend a few zlotys more and use Allegro, where you have buyer/seller rights and can return the item within 14 days.

I perfectly understand the risk and this is not the first case, but maybe someone knows a trick hack, it's about the principle to stop such a schemer. Even with a civil court case, it's just about having a point of reference on how to do it to complicate the intruder's life a bit by his cunning tricks.

modrih wrote:

Good morning

I purchased an item through OLX (computer component). I received a COD shipment. After checking on two computers and having the appropriate knowledge and IT education, I can say that the element is damaged. Visually it's fine, but it's electronically damaged. The seller claimed it was working. Contact was lost after receiving the parcel. I sent back the parcel with a pre-court request for return. He picked her up. Unfortunately, the sly guy thinks that I sent him a gift, that we can actually make a claim and that he has nothing to complain about, and if he wants, he can send me back the parcel. Any idea? Amount per item below PLN 500.

A stalemate because I have no way to prove that the computer element was damaged from the moment it was shipped and that the carrier did not affect the damage. Of course, it did not affect and you can see cunning here because the person on the other side knows what's going on and what he can afford. At the time of installing the element in the computer and testing, I had a witness, but it is not enough.

Regards

Stop it, you wanted to hack something on the price, and they hooked you. Such "toys" are not bought by consignment. without checking? It's only a woman you can take, although not always...

modrih wrote:

Even with a civil court case, it's just about having a point of reference on how to do it to complicate the intruder's life a bit by his cunning tricks.

Look online to see if other people have treated you the same way. If you find a few, get together and make ""the last inn in Lithuania"
or notify the prosecutor's office and file a class action lawsuit with the court.
If he not only sells but also occasionally buys, you can reciprocate him with the same.

A few years ago I got stuffed in a rather similar way through olx. In fact, the guest did not send any package at all. I made a screen of the announcement and olx correspondence until the contact was broken. Also confirmation of the transfer. To the police with this, the amount was ridiculous, about 200 or 300 zlotys. But still, I didn't let go. The police referred it to the prosecutor's office, the prosecutor discontinued it due to the low harmfulness of the act.

I googled it on the internet ;check account number; or something like that - there is a page where you enter your bank account number and there are comments. It turned out that he did it to several people at the same time.

So I replied to the letter from the prosecutor's office with a screenshot from this website as a complaint against the decision.
A few months passed and I got my money back - from another account, another name, transfer "refund for olx item".

About two or three years of silence and then, surprisingly, a policeman calls me about this and asks if I could come over because he has to question me. All in all, I told him what I wrote above, the most important thing for him was that I got my money back. He just told me that this is an organized group and they've done over 20,000 shares for such small amounts over the year, most people didn't report.

I didn't do any class action lawsuit, I didn't look for people as my colleague advises above. Well, in fact, I posted a screenshot from this site as a complaint, but I think that even if I didn't find this screenshot and wrote in the complaint that I think he is cheating a large number of people, it could pass the same way.

Of course, dealing with this case probably cost me dozens of hours, drive here, drive there ... but theft must be stopped. don't let go.

https://www.elektroda.pl/rtvforum/topic3802837.html#19537325

From own experience...

The only problem I have is that it's the graphics card that came in not working (no picture). And I sent it to him. What will I say after going to the police? the card didn't work? the police won't be able to determine whether this card arrived, no longer working, or I broke it, or the post office. It's easier to report to the police if you didn't get the item at all. That's why many people prefer to send "cokowliek" as long as the weight is as good as possible.

I sent the card back but no contact and no return, it ended up that he thought it was a gift or that he would send me this package. And that we can be right.

kiss39 wrote:

It's better to spend a few zlotys more and use Allegro, where you have buyer/seller rights and can return the item within 14 days

Not from a private person


The individual should respond to the complaint and accept or reject the complaint; the rule of thumb applies here.

Unfortunately, despite the fact that I referred to the warranty (in writing), it does nothing and I can forget about the refund or any discussion about testing. No discussion and end of person. He has nothing to reproach himself for. And generally sly about expertise, gifts, lawsuits. smartass.

Also, are you absolutely sure it's a scammer? That he hadn't packed a card that, to the best of his knowledge, worked? That in transport they didn't fuck her so much that February bga let go? That he didn't damage it by packing, that you didn't damage it by installing it?
I was in the opposite situation - I sent something that was definitely functional, and the buyer claimed that it did not work.
It's not a situation that there was a brick in the package, it's word against word.

There is no certainty and no chance of proving and recovering anything.

Such a fun, life topic.
If I were the seller's lawyer, I would ask only one question in court - please prove that the purchased goods were faulty. And you don't even own this product. So you would get another question - or maybe it was the plaintiff who resold the goods with a large profit and now wants to extort from the defendant the amount due in the amount of ... PLN.
Suma sumarum - you bear the costs of the case and you are very lucky if the other party does not sue for defamation.
Unfortunately, such is life, privately I feel sorry for you, and legally you do nothing.

Nathir wrote:

he didn't even find this screenshot and in the complaint he wrote that I think he cheats a lot of people, it could go the same way.

You can think, the prosecutor needs more than your thoughts.
Sorry, but I have a feeling you made up the whole story. You report it to the police, then you appeal against the decision of the prosecutor's office, then after a few months you recover the money from who you don't know, and only after two or three years the police want to question you. Unlikely.
To substantiate your story, provide a link to a page with account numbers and comments.

I'll probably get banned, but oh well. He bought a "clown" from a "clown" thing that you don't buy by mail order on All ... It's good that he didn't buy the car like that, because the seller wrote that he drives - but that only downhill - he didn't add it.

Total nonsense of the buyer - he himself is to blame.

Moderated By ArturAVS:

Bana, maybe not because you're partly right, but be careful what you write!

A clown from a clown??!!
Or what? Bought online? And the other one is a clown because he sold it?
Consider what you write.

Have you ever been to a restaurant? The cook could have spit into your plate and you ate it. And what are you a clown?
We function, and we should certainly function on some principle of social trust and not assume that everyone is a thief, a fraud and a whore. And the fact that sometimes we can sail on it? - difficult. It is known that buying on olx with Tag Heuer shipping for 20 kpln would be stupid, but this is not the situation.

darts wrote:

... He bought a "clown" from a "clown" thing that you don't buy by mail order on All...

On All... you can only buy by mail order. It's rather difficult to buy in person. It was a transaction on OLX and not on All ... Just for the sake of accuracy.

On all.. collection depends on the seller. Usually, for obvious reasons, stores do not provide such an opportunity, and those who list individual items that they were users do. But there is no point in going 500 km for something that can be sent for less than PLN 10.

@ArturAVS
@darts

It's good to know that the moderator considers buying over the Internet with a degree of trust clown. It's not Ukraine that you pay for petrol first because the stations are afraid that someone will leave. You need to have a little trust in people, not just clown.

modrih wrote:

You need to have a little trust in people, not just clown.

This "little bit" in the case of trusting a developer when buying a flat, can cost several hundred thousand zlotys and these are not isolated cases.
Every developer should be obligatorily insured with a bank against civil liability, because now when it goes bankrupt, even a class action lawsuit will not help.

The entire civilized world operates on the principle of social trust. Unfortunately, we are currently trying to turn away from him, but I hope it will not work out.
And as for the personal collection and checking that someone wrote about here. How to check the graphics card? Have the seller install it in his computer? And if he no longer has such a computer, slot, etc., and that's why he's selling it because he has leftover old equipment, or he just doesn't want to disassemble and reconfigure a new one, which is understandable for me, to break into his house with his own computer, monitor, set tools for several hours of testing?
In addition, if the buyer of this unfortunate graphics card bought a new one in a regular stationary store with a counter and a seller, without checking it, because it is rather impossible and after coming home the card would not work, the seller would rather not exchange it for another nor did he return the money. He would send it to the service for an expert opinion. And if the service friend of the seller sent back with the annotation "damaged data bus due to electrostatic charges or improper assembly" the situation would be identical.
That's why it's important that everyone is treated fairly.

Added after 27 [minutes]:

vodiczka wrote:

...
Every developer should be obligatorily insured with a bank against civil liability, because now when it goes bankrupt, even a class action lawsuit will not help.

OC is a completely different insurance and it doesn't work like that. In principle, no insurance works in this case. Only an insurance or bank guarantee of contract performance would work, but something like this in a developer, especially with an individual client, does not apply, although the introduction of the developer act and escrow accounts slightly improved the situation.

modrih wrote:

You need to have a little trust in people, not just clown.

A friend of mine met a friend. Imagine his surprise when after the wedding it turned out that she has two children and not from one father. I'd be careful with that as well.
As Joseph Vissarionovich Stalin used to say, control is the highest form of trust.

puchalak wrote:

OC is a completely different insurance and it doesn't work like that. In principle, no insurance works in this case.

It doesn't work because it doesn't exist, which doesn't mean it shouldn't exist. Instead of civil liability, there may be a guarantee fund, the name is not important here.

Why does someone who has lost several thousand zlotys due to the bankruptcy of a holiday or foreign trip organizer have a good chance of recovering money from the tourist guarantee fund, and someone who loses their life's achievements does not?
Anyway, the developer guarantee fund is already being created: https://www.totalmoney.pl/artykuly/deweloperski-fundusz-gwarancyjny-czem-jest

vodiczka wrote:

...It doesn't work because it isn't there, which doesn't mean it shouldn't be there. Instead of civil liability, there may be a guarantee fund, the name is not important here.
...

I don't understand. You wrote about liability insurance, and a fund is a fund. After all, with the current increase in housing prices and active escrow accounts, bankruptcies of developers are rare.
DFG is yet to come in, and its cost will increase the prices of flats.

puchalak wrote:

I don't understand. You wrote about liability insurance, and a fund is a fund.

I wrote about OC but I meant to protect the buyers of apartments.
Any insurance, no matter what form, is an increase in prices. It is known that the final buyer pays even if he does not know about it.
Trust accounts protect differently. Quote from the link:
So far, the interests of clients have been most fully protected by a closed escrow account, from which funds were transferred to the developer only after the ownership of the property was transferred to the consumer. Unfortunately, so far developers have most often used the last form of escrow account - opened without additional collateral, which was associated with the greatest risk for customers.

vodiczka wrote:

Nathir wrote:

he didn't even find this screenshot and in the complaint he wrote that I think he cheats a lot of people, it could go the same way.

You can think, the prosecutor needs more than your thoughts.
Sorry, but I have a feeling you made up the whole story. You report it to the police, then you appeal against the decision of the prosecutor's office, then after a few months you recover the money from who you don't know, and only after two or three years the police want to question you. Unlikely.
To substantiate your story, provide a link to a page with account numbers and comments.

Yes, I had great reasons to make up stories. Well, accused of mythomania, here's the link you're asking for:
https://www.jakitobank.pl/Konto/PL70116022020000000294567689
a few minutes of digging through old files.

When I got a letter from the prosecutor's office with the decision, I went to a free legal adviser and there you wrote me such a complaint/appeal, I don't remember what it was like. And she herself suggested checking and using this page and screenshot as an attachment.
It is possible that the prosecutor needs something more than my thoughts, and this something more was already included in the appeal prepared by the legal adviser and from what I remember she said that even without this screen it should pass. And she was referring to some articles that ordinary John had never heard of.

I got scammed around the days of link comments, and a police officer from a police station near where I live (I moved in the meantime) called me about it in February 2021.

I don't know why you think it's unlikely, and I don't know why you accuse me of making something up. If you want, I'll send you screenshots on priv, etc., if you like to investigate :D

And I put a post in this topic to encourage the author to act. If the seller was actually honest or such an action was a one-off, nothing will change in this case. However, if, as in my case, it turns out (now or after some time) that the delinquent makes a living from such screw-ups...

@Edit
And I read your post again. I'm getting my money back from who I don't know. Yeah, probably from a scammer. And the account I paid into was wrong. Probably on the pole, bum from the store. The account number is valid for the transfer. Name, surname, address.. it's not needed. He gave some random data, which is why the police did not even try to move in this direction.

Nathir wrote:

Well, accused of mythomania, here's the link you're asking for:

I wasn't accusing, just expressing my doubts. Thank you for the link.

Nathir wrote:

I don't know why you think it's unlikely

Due to them sending you money back which must have been caused by some factor, e.g. summoning a fraudster for questioning
and it takes two years for the police to ask you for an explanation.

modrih wrote:

It's good to know that the moderator considers buying over the Internet with a degree of trust clown.

What the moderator thinks is his private matter, I have been buying online for over a quarter of a century and have never had a similar situation. OLX itself is an untrustworthy portal for me. Clowning is that you started a topic to express your regrets. Sorry, but this post;

modrih wrote:

After checking on two computers and having the appropriate knowledge and IT education, I can say that the element is damaged.

suggests that, having the right knowledge, you simply took a risk and lost. You might as well have inadvertently damaged yourself and now you want your money back. Justyna writes;

Justyniunia wrote:

There is no certainty and no chance of proving and recovering anything.

Word against word, even if there is a court hearing, I suspect that the court will want to settle the dispute without adjudicating guilt only in this case you will both be charged with costs (unless the court will charge the Treasury of the Republic of Poland with the costs). I used to sell a professional video processing card, at that time it was a lot of money. The client came from the other end of Poland; he looked, played and says good I take. Get it out of your computer. I took out the card and since the cost is several thousand, we wrote a purchase and sale agreement, in the contract I made a clause in which the buyer confirms that he received the equipment in working order. After a few weeks, I get a summons to the KPP accused of fraud! At the police station I found out that the buyer reported me as a fraud and his local police department asked to question me. On the next call I took the contract with me, the police officer looked and says; You are innocent, signed the receipt of a functional card. The case was discontinued.