Tom Byers Sold me used parts as new and when returned, he kept my money. Accused me of swapping parts. Watkins, Iowa

I sent Tom Byers $300.00 for a set of Manley valve springs (part number 221448-16) that were advertised as new from the following ad:

http://www.racingjunk.com/category/99/Other/post/1755632/Big-Block-Chevy-Race-Parts.html

          When I found out they were used, I sent them back at a cost to me of $13.44 and I have not received and of my money back or the springs that were advertised.  The following is the account of the transaction.

          When I first saw Tom Byers ad (on another website), I asked him if he would take $400.00 for the set of new springs and also the two sets of used springs of the same part number.  I asked if he would include shipping in this price.  He told me he had to check on the price of shipping before he would make a decision.  Below is the e-mail trail of this from newest to oldest.  When he replied, I thought his shipping quote was out of line so I did not respond.  I had shipped similar items and when you ship UPS with them combined, it does not cost that much.  Each box weighs about 5 or so pounds.

______________________________________________________________________________________________________________________________________

shipping plus insurance up to $400 is going to cost around $34 to go ground UPS.  I will agree to $425 which will be the new springs, 2 sets of used springs and the shipping and insurance.

On Fri, Nov 27, 2009 at 3:03 PM, Blownalky < e-mail address deleted > wrote:

Okay, sounds good.  Thanks.

Tom

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No we don't take paypal, we accept money orders or cashiers checks.  I need to check on the cost of shipping and get back to you before I can agree on a price.

On Fri, Nov 27, 2009 at 11:17 AM, Blownalky < e-mail address deleted > wrote:

Hi Tom,

    I was asking if you would take 400 with shipping included.  I live in Illinois so that shouldn't be too much and that is why I was asking it to be 400 total.  Will that work for you?  Do you take PayPal?  If so, what is the email associated with the account?  My address is:

<full name and address deleted)

Thanks.

Tom

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yes, we will take 400 for the new set and 2 used sets.  What is your zip code and we will get a shipping cost.  Tom 319-227-7118

On Tue, Nov 24, 2009 at 12:52 PM, Blownalky < e-mail address deleted > wrote:

Tom,

  Thanks for the info.  Would you take $400 shipped for the one new set and the two used sets of the 221448-16 springs?  Thanks.

Tom

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no I don't, something less than the new ones.  our motor guy used to change them yearly.  They would have 30 - 40 7500 RPM passes on them.  They were on a Chief headed 640 in a pulling truck.

On Mon, Nov 23, 2009 at 11:42 AM, Blownalky < e-mail address deleted > wrote:

Do you know what the sping pressures are on the used ones?

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yes, we still have them.  Both new and used sets.

On Sun, Nov 22, 2009 at 4:06 PM, Blownalky <e-mail address deleted> wrote:

Hi,

    Do you still have your valve springs for sale that were listed on pulloff.com?  I was looking for the Manley 221448-16 springs.  Thanks.

Tom

______________________________________________________________________________________________________________________________________

Because this deal wasnt working out, I placed a wanted to buy ad on another website for the same type of spring.  I had one fellow who I had bought from before respond to me that he had a set.  I paid him $300 via PayPal and that included shipping.  When I received the springs, they were new but the wrong ones in the correctly labeled box.  When I told him of this, he apologized and refunded my money and gave me extra to ship it back.

          Since this transaction did not work out, I went back to Tom Byers to see if he still had the springs.  This is when I started to communicate to him through the RacingJunk.com website.  Because I thought the shipping was high, I was concerned that I was getting gouged and was a little wary of him so I wanted to have a communications trail.

I was trying to save some money here as these springs at most places cost around $430 plus the freight.  As you can see from the communications trail below, when we negotiated the deal, I asked for the shipping to be included in the price.  He agreed to that.

I sent the money off and after he received it, he said that I wrote it out to myself.  Sure enough, he was right.  I was in a hurry at the bank that day and mistakenly wrote it out to myself but included his correct address on the money order.  Dumb on my part.

After he sent back the money order, I had a new one drafted up and this time I filled it out correctly.  Before I deposited it at the Post Office, I dropped a stamp and a dollar bill in the envelope so he would not be out any money for sending it back to me as it was my fault.

          It took a query e-mail to see where my springs were and he said he was going out of town and his Dad would mail them.  His Dad did send them by UPS and I received them on the 12^th of February.  When I opened the box, I noticed that they were used springs.  I immediately called his number as these were not what I paid for.  My phone record says I called 12:13 P.M CST.  I left a message and at 1:18 P.M. CST, I received a call from his Dad.  I thought that was kind of strange as he did not call me back.  I have called several times through this transaction and have yet to receive a return call.  In talking to his Dad, I dont think he believed what I said as I explained to him that these were used.  Even so, he said to return them.

          I sent them UPS on the 15^th and sent an e-mail that stated I spent $13.44 on UPS charges and wanted it refunded too.  He said no as can be seen in the thread below.  I called his Dad and he assured me that I would get my shipping back too.  At that time his Dad said he saw what I saw as the springs were used and not as advertised.

          Over a week went by and I sent Tom Buyers another message to check on the status of my refund and he wrote that I had switched the springs and that I was trying to scam him.  This is a total lie as I did not do that and have never done something like that.  I called his number again and left another massage as he did not answer.  I them called his Dad again and talked to him for several minutes.  He was backing his son now and basically saying that I was lying.

          This guy just flat out stole my money.  I did not receive what I paid for and spent further money to ship them back.  I have nothing to show for this except the loss of $313.44.  This is just not right.  I have traded on RacingJunk and eBay for years under the name of Blownalky.  I have 780 positive comments on eBay and have never had a negative or neutral comment as I have always conducted my dealing above board.

          I am still hoping that he shipped me the wrong springs and would be man enough to admit he was wrong and send me the right ones.  Based on what he has said, I doubt it.

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It's amazing you would do this over $300. You should be ashamed of yourself. There is no scam on my part here, you are the one that put the used springs in the box. You are the one stealing my money. With all the parts you have listed, go look through them and see if you did not send the wrong springs. Your Dad sounds like an honest guy but I do not trust you now. I hope this is just a mistake by you but now I'm really wondering.

On [2010-02-25 10:34:32] tbyers29 wrote:
> I talked to Paul at racing junk on Monday of this week, which by the way is none of your business who or when I taked to someone. I can't send you back springs that you already have. You tried scamming us and we caught you, I wonder how many other people you have robbed over the years. Do not contact me or my dad again. I will delete any messgae from now on from you prior to reading them.
>
> On [2010-02-25 10:14:32] blownalky wrote:
> > This is utter BS. You are lying. I sent you back exactly what you sent me, used springs that were not what you advertised them as. You are the one at fault here, not me. I just called RacingJunk and they have no record of you calling. You owe me $313.44.
> >
> > On [2010-02-25 09:41:22] tbyers29 wrote:
> > > I guess you should have sent us the correct springs back in order to receive any money back. I have a picture and measurments of what we sent you, what you sent us back is not even close. I have contacted Racingjunk and alerted them of your activities and I have also met with a lawyer to discuss our options. BTW - you should have at least cleaned the dead grass out of the springs you sent back....
> > >
> > > On [2010-02-25 07:45:23] blownalky wrote:
> > > > Tom,
> > > >
> > > > I have not received my money back. What is the status of this? Also, I talked to your Dad and he assured me that I would get the money I spent on shipping back too.
> > > >
> > > > Tom
> > > >

On [2010-02-16 12:02:07] blownalky wrote:

You did not send me what you advertised these as. When that happens, you take responsibility for the shipping as that is the right and honorable thing to do. You agreed to ship them for free, that was the deal. Don't take this south as what you are saying is not the proper way to conduct honest business transactions.

Here are a couple of business transactions to consider:

As I told your Dad, I purchased some springs from a fellow in Minnesota. He shipped them free to me and I paid an extra 3% to cover using PayPal as that was our deal. The springs were not what he advertised and he refunded all my money and paid for the return shipping. He even paid me a couple extra dollars for my trouble.

I sold two Titanium valves on eBay for $40.00 and when I went to ship them, I could not find them. Because of that, I refunded the person's money and gave him an additional $10.00 for his trouble as he made out a money order.

These are ways to conduct honest business transactions.

Why do you think I added the new stamp and the extra $1.00 when I sent back the corrected money order? That was to pay you back for the postage and the envelope you used. It was my fault and I took responsibility for it.

I would hope you will consider what I have said and do the right thing. Please feel free to share this message with your Dad as he is part of the transaction. If you would care to discuss this, my phone number is: <number deleted>.

> > > > On [2010-02-16 10:03:47] tbyers29 wrote:
> > > > > I will send you 300. You didn't pay for us to ship them to you so I am not paying for you to ship them to us.
> > > > >
> > > > > On [2010-02-15 21:15:22] blownalky wrote:
> > > > > > Tom,
> > > > > >
> > > > > > I talked to your Dad today. Based on what he said, I shipped the springs back to him at his address. The UPS tracking number is: 1Z8W5E200311854059. The cost was $13.44 to ship. When you get these, please send me back $313.44 and we will call this a done deal. I'm sorry this did not turn out and as I told your Dad, this type of stuff has happened before, just part of doing busines withe used parts. I will move on to buying these at Summit Racing. Thank you.
> > > > > >
> > > > > > Tom
> > > > > >
> > > > > > On [2010-02-06 09:21:27] tbyers29 wrote:
> > > > > > > I got the money order and it cleared, it has been real busy here. I leave for Phoenix in a couple hours, so my dad is going to ship them to you on Monday or Tuesday.
> > > > > > >
> > > > > > > On [2010-02-05 21:11:23] blownalky wrote:
> > > > > > > > Tom,
> > > > > > > >
> > > > > > > > I haven't heard from you. I sent a new money order last Friday. Have you received it? If you have, have you shipped the springs yet? If so, what is the tracking number? Thanks.
> > > > > > > >
> > > > > > > > Tom
> > > > > > > >
> > > > > > > > On [2010-01-29 09:26:15] tbyers29 wrote:
> > > > > > > > > yes, I sent it back on Tuesday. It has not been returned to me.
> > > > > > > > >
> > > > > > > > > On [2010-01-28 21:07:06] blownalky wrote:
> > > > > > > > > > Tom, have you sent this back yet? I have not received it.
> > > > > > > > > >
> > > > > > > > > > On [2010-01-26 10:02:12] tbyers29 wrote:
> > > > > > > > > > > I will mail the money order back to you today, I will need another money order not a personal check if you still want them.
> > > > > > > > > > >
> > > > > > > > > > > On [2010-01-25 19:00:26] blownalky wrote:
> > > > > > > > > > > > Wow, sorry about that. Our names are pretty close, can you change the D to a B and add the S? They should accept it as I signed my name on the bottom and I would not send a money order to myself.
> > > > > > > > > > > >
> > > > > > > > > > > > If you already sent it back, I'll send you a check. Please let me know. Sorry again and thanks.
> > > > > > > > > > > >
> > > > > > > > > > > > Tom
> > > > > > > > > > > >
> > > > > > > > > > > > On [2010-01-25 17:16:50] tbyers29 wrote:
> > > > > > > > > > > > > I got the check today, you made it out to yourself instead of me. I can't cash it, so I am sending it back to you. If you want to send me a check made out to me that would still work.
> > > > > > > > > > > > >
> > > > > > > > > > > > > On [2010-01-22 12:41:29] blownalky wrote:
> > > > > > > > > > > > > > Okay, thanks. I'll send it right off.
> > > > > > > > > > > > > >
> > > > > > > > > > > > > > On [2010-01-22 10:14:00] tbyers29 wrote:
> > > > > > > > > > > > > > > Tom Byers 2470 79th ST. Watkins, IA 52354
> > > > > > > > > > > > > > >
> > > > > > > > > > > > > > > On [2010-01-21 20:09:38] blownalky wrote:
> > > > > > > > > > > > > > > > Sure, I can send a money order, I just need your address.
> > > > > > > > > > > > > > > >
> > > > > > > > > > > > > > > >
> > > > > > > > > > > > > > > > On [2010-01-21 12:49:17] tbyers29 wrote:
> > > > > > > > > > > > > > > > > yea we can do that, do you want to send me a money order for $300.
> > > > > > > > > > > > > > > > >
> > > > > > > > > > > > > > > > > On [2010-01-20 22:01:43] blownalky wrote:
> > > > > > > > > > > > > > > > > > I'll take the new Manley NexTek Springs, 221448-16 if you will take $300.00 including shipping to 60142. Let me know as I will be buying a new set within the week.
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