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Report: #294109

Complaint Review: Enginegofast - Deli700 - Philidelphia Pennsylvania

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  • Reported By: Cleveland Tennessee
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  • Enginegofast - Deli700 1218 Annin St Philidelphia, Pennsylvania U.S.A.

Enginegofast - Deli700 Ebay Seller Committed fraud on vehicle engine mileage representation Philidelphia Pennsylvania

*Consumer Suggestion: Too much Fraud on eBay

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This company Enginegofast is an ebay seller and is seems in the used engine business. They listed a 2001 Chevrolet 5.3 engine on ebay with as the ad said "less than 60K miles", complete and with uncut harrness". I emailed the seller, confirmed that he had the engine available and that it in fact had less than 60K, which he confirmed. He then told me the ebay listing had expired and that he would relist the item on ebay and contact me to make payment arrangenents.

I got an email form him, through my ebay account email box, telling me the item number and the amount including freight to deliver to my address. I emailed him back through ebay and ask if he wanted to do it through Pay pal or if a check was ok, he emailed me again throuugh ebay and told me that a check was fine and gave me the address. I sent him a check for payment in full.

I sent it certified mail and found when it was recieved, called him this time and ask when the engine would ship, he told me it shipped that day. When the engine arrived it had a "cut harrness, and looked as if it had many more miles on it than he advertised in his ebay listing. It also had the vin number on the engine top cover. I took the vin and ran a car fax report, and it did in fact come from the vehicle he said it did, but the carfax report showed the vehicle as a total loss with 175,187 miles last reported.

I emailed the seller and ask if in fact he had sent the wrong engine since this one had a "cut Harrness" and the vin showed "175, 187 miles last reported. He read the email and deleted it without reply. Since both of us use aol, I was able to view the status of my email. I waited two days and emaile him again and again no reply, this time he did not even open my email. So I used another email address and emailed him again and this time I explained that the engine with 175,187 miles was of no use to me, I had one with less miles that I could have repaired for less than I paid for this motor, thinking it was a less then 60 k engine. He read this email, deleted it and still no reply.

So at this point I am filing this ripoff report, contacting ebay to file complaints, which I now realize that while he was emailing me through ebay he did not relist but used the original listing number and that is why he wanted a check in lieu of using Paypal, to avoid the ebay and paypal fees. I also am planning to file complaints with the BBB in his area, the attorney general's office on consumer fraud in both my state and his, and if no resolve, turn the matter over to an attorney or file a action in small claims court in his area since I travel that area for business anyway.

I was going to buy a new engine with a 3 year warranty for only a couple hundred dollas more, but this with all the sheet metal and the external parts and uncut harrness, was so much easier to change, I elected on this engine. But with the cut harrness and the miles, I ended up buying a new engine anyway and not installing this one, as I don't want a junk engine with almost 200 K miles on it.

William
Cleveland, Tennessee
U.S.A.

This report was posted on Ripoff Report on 12/23/2007 09:19 PM and is a permanent record located here: https://www.ripoffreport.com/reports/enginegofast-deli700/philidelphia-pennsylvania-19147/enginegofast-deli700-ebay-seller-committed-fraud-on-vehicle-engine-mileage-representatio-294109. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#1 Consumer Suggestion

Too much Fraud on eBay

AUTHOR: Phillip - (U.S.A.)

POSTED: Wednesday, December 26, 2007

There is definitely a -mistake of fact- as defined under the UCC (universal Commercial Code). The UCC holds a higher standard for merchants: someone who is known to deal with these types of goods, or used engines and/or auto parts in your case. If this person was selling only one engine from their personal car, it is unlikely there will be a reasonable remedy to your situation; since this person sells engines on eBay he is considered a merchant by law.

To file a legal claim in small claims or any other court, you will have to file in the jurisdiction of the selling party; in this case it is Pennsylvania if I read you report correctly. If you win your case, you will have to return ship the engine at your own expense to obtain a refund. In the future, on a large purchase always pay with a credit card for your own protection. Credit card companies offer fraud protection in situations like this one, refer to -the Ripoff Revenge guide- available on this site.

The selling party did not want the buyer protection from Pay Pal to reverse the money transfer if a claim was filed against him, keep this thought in mind when purchasing on eBay. Payment by check is considered the same as cash, no buyer protection. If the selling party was aware of this mistake of fact (I am certain he was) you are entitled to receive what was sold to you as described or the option to cancel your contract on eBay, and your consideration returned.

It saddens me that you were scammed by this person; I read some of his feedback where others have suffered a similar fate. I am encouraging you to file actions in small claims with the assistance of an attorney, use an attorney to protect your rights and avoid any slick maneuvers on behalf of the selling party.

*I am not an attorney and I just finished a Business Law class in college, this is where my knowledge is from. I also have an AAS Degree in Heavy Truck Repair, I can relate to repairing your old engine for less money than what you paid for this junkyard special.

I wish you the Best of Luck with your claim.

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