• Report: #1105046

Complaint Review: Brian Irving

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  • Submitted: Fri, December 06, 2013
  • Updated: Fri, December 06, 2013

  • Reported By: Chip Lougee — Windham Maine
Brian Irving
po box 572 Whittier, California USA

Brian Irving bigbamboom...drums Ripped me off with a replica collectable item described as being authentic. Whittier California

*REBUTTAL Individual responds: Specious report from expert dealer/buyer who didn't do his own due diligence

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 In the latter part of March, 2013 I responded to an ad on Ebay for a vintage "Shelby Cobra Racing Team Shirt." The sellers name is Brian Irving. I responded to the ad and based on the sellers description I negotiated a price of $750.00 payable in installments. I am an avid collector of authentic Shelby American items and a seller and buyer of Shelby items as well. The seller is also in the business of buying and selling race related items as well. The seller's description of the item was: " This cool Shelby Cobra shirt is totally authentic and came from the collection of a most famous and well regarded West Coast sports car racing photographer. Someone who was ther at the time, virtually part of the history itself. The shirt is in mint, unworn condition- this photographer was given dozens and dozens of authentic team shirts and jackets from Cobra,Chaparral, etc,etc-most of them he just threw in a box for storage. The shirt is totally clean and unmarked. Notice the heavy, thick embroidery work on the Cobra logo on the back. After keeping the shirt for a while, I listed it for sale on Ebay in July of this year. After doing so, I was contacted by several members of SAAC ( Shelby American Automobile Club). They are the experts on all Shelby automobiles and memorabilia. They forewared to me pages of information on this item and descriptions of what authentic shirts are really made of. They made me aware that the shirt is a reproduction and I took it off the market. I contacted Brian Irving and sent him copies of what I received from the folks at SAAC. His response was- no refund. It seems to me that if a person is selling this kind of collectable item that he should be sure of what he is selling. There is no room for bogus items and carless sellers in this kind of collecting. Alot of transactions in this business are done on trusting the seller is indeed selling what he describes. This seller abviously does not have the necessary integregrity needed in this business. He now needs to be accountable to me and realized he screwed up. I have never had anything like this happen to me, selling and buying online.


This report was posted on Ripoff Report on 12/06/2013 06:49 PM and is a permanent record located here: http://www.ripoffreport.com/r/Brian-Irving/Whittier-California-90608/Brian-Irving-bigbamboomdrums-Ripped-me-off-with-a-replica-collectable-item-described-a-1105046. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 REBUTTAL Individual responds

Specious report from expert dealer/buyer who didn't do his own due diligence

AUTHOR: Unfounded complaint by Chip Lougee owner of Sebago Lake Lodge - ()

When all the facts are known, this complaint by Chip Lougee is specious and is purely a case of buyer's remorse due to the Complainant/Buyer (a professional dealer in Ford & Shelby Cobra items) not doing his homework & due diligence.  Mr. Lougee is by no means a novice buyer of Cobra items -- in fact, he is expert in buying & selling such items.  Just since Mr. Lougee's purchase from me, this Complainant/Buyer has listed and/or completed sales on over 79 Ford/Shelby/Cobra items on eBay.  That is clearly an extraordinarily high number of completed auctions within a very narrow area of expertise in just a few months. 

 

 Complainant/Buyer Lougee's eBay name is chip42niner (a reference to the Ford Shelby Cobra 429 cubic-inch engine) and one may clearly see from his current and completed auctions on eBay as well as his eBay feedback the hundreds of Ford, Shelby and Cobra items he has bought and sold.  This is the link to Chip Lougee's Completed Auctions on eBay to demonstrate his sales of Ford Shelby Cobra books, catalogs, manuals, blueprints & factory parts, collectibles, photos, club newsletters, factory invoices and other very specialized memorabilia pertaining to Ford Shelby Cobra and to Carroll Shelby: http://www.ebay.com/sch/chip42niner/m.html?_nkw=&_armrs=1&_from=&_ipg=200&LH_Complete=1&rt=nc

 

Mr. Lougee regularly sells and buys most specifically Ford & Shelby Cobra items both on Shelby and Cobra websites, club message boards as well as eBay.  After so many purchases/sales and regular access to club and collector websites and message boards, Complaint/Buyer Lougee surely must be considered as an expert in this niche field of collecting.  Mr. Lougee's complaint is about a shirt.  The shirt in question was listed on eBay in March 2013 for a 10-day auction and included several photographs, a description of how I acquired the shirt and also my telephone number was clearly listed in the auction verbiage for direct contact. Mr. Lougee never pursued potential authenticity issues with me during or even immediately after the auction.  There were at least two very well-known Shelby and Cobra collectors who contacted me during the auction to inquire about an off-eBay Buy It Now -- both potential buyers are club members expert in Shelby and Cobra items and neither potential buyer ever questioned the history or authenticity of the shirt to me either in writing or by telephone.  

 

The shirt did not sell on eBay.  This Complainant/Buyer, Chip Lougee, contacted me after the conclusion of the 10-day auction to negotiate the purchase of the shirt.  Presumably Complainant/Buyer Lougee carefully studied the several photographs and description of the shirt posted on the eBay auction during and even after its 10-day run.  We made a purchase agreement on April 4, 2013, after the auction ended and Mr. Lougee, owner of Sebago Lake Lodge & Cottages, asked me to 'hold' the short for him for a short time period as he stated to me on the telephone that he was experiencing a shortfall of funds.  Mr. Lougee contacted me again and tried to welch on the deal and stated that he did not have the money available to complete the agreed-upon purchase.  Mr. Lougee asked for further time extension to raise the money to pay for the shirt and I agreed to accept his payment in installments as he seemed excited about this purchase and stated that he was going to frame and display the shirt in his garage museum of Shelby and Cobra items.  We agreed upon payments of $300, $300, and $150 to be spread over several weeks.  April 12, 2013, Mr. Lougee sent the following e-mail, "... I haven't sent your check out this week. I'm just waiting for some checks to come in. ...".   

 

 It took Mr. Lougee several weeks to pay but when he received the shirt after completing his payments he wrote to me to state how thrilled he was with it.  If he had reservations about the authenticity of the shirt he could and should have contacted me about any concerns prior to the sale, during his protracted payment process or even within a short reasonable time after he received the item to discuss it.   I never had any knowledge or suspicion that the shirt in question may not be authentic as I was told it was real when I bought it from another vendor of automobilia.  I have 100% Positive Feedback on eBay and I would never knowingly sell a fake. 

 

 Instead of displaying the shirt in his 'private museum', the Complainant/Buyer attempted to re-sell the shirt about three months after he received it.  He had approximately four months after he studied the eBay photographs and he had multiple opportunities to discuss the item not only with me but also his Shelby Cobra website and message board contacts.  It was incumbent upon Complainant/Buyer Lougee to perform his own independent due diligence as to authenticity and he had/has every means and contacts readily available to him so to do.  Months after the purchase he now claims the shirt is a reproduction and requests refund.  I maintain that an inordinately long time has transpired since Complainant/Buyer expressed interest and then purchased the shirt based on clear photographs -- this request for refund and his specious and slanderous rip-off report is unreasonable. 

 

 I respectfully request that the rip-off report be rescinded based on the aforementioned background.

 

 
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