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njstreetrx7 - misrepresented product and won't provide a refund

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Old Jul 9, 2008 | 08:57 AM
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njstreetrx7 - misrepresented product and won't provide a refund

Background: On 6/29/08 I was browsing the 3rd Gen Parts forum and came across the following post by njstreetrx7

https://www.rx7club.com/showthread.php?t=767596

I immediately sent payment for the item:

MAZDATRIX SHORT SHIFTER 3MONTHS OF USE- 150 SHIPPED

with the requested 3% additional for paypal.

I received a phone call shortly thereafter from the seller, who stated that he had mispriced the item. Even though it said SHIPPED next to the price, he said that he needed an additional $10 for shipping. This should have been my first sign and I should have ended the transaction there. As the story goes, I didn't and begrudgingly sent him an additional $10.50, for a total of $165.

A couple days pass as I eagerly await the shifter. It arrives UPS ground 7-8 days later. Great!

Upon removal from the package I am dismayed to notice that the threads at the top have obviously been hacksaw'd off. I pull the stock RX7 shift **** off my 94 R2 and try to screw it on. No dice, I can't even get a single thread to hold.

So I pm the seller, njstreetrx7:

Originally Posted by linenoise
Unfortunately all is not good. The threads on the shifter that you sent me have been cut down, which was not mentioned in your original post. I just tried to put my stock shift **** on it and it can't catch a single thread. I would like a full refund. Please send $165 via paypal to xxxxxxxxxx@gmail.com and provide the address you would like me to ship this back to.

Colin
And he replies:

Originally Posted by njstreetrx7
1/4 was cut down any stock shifter should fit my rx8 and stock was good check your ****! get video of it not fitting. AND ILL SEE IF I CAN REFUND.

unfortunately funds are not there thats why things are for sale. you cAn easily sell it put it up for sale
At this point I was becoming concerned....


Originally Posted by linenoise
The stock shift **** from my 94 rx7 does not fit. There is nothing strange about my ****. Send me your email address and I'll send you a video of the **** freely rotating

I bought this from you and you did not make any mention of the fact you took a hacksaw to it and modified it. It was represented as a Mazdatrix short throw shifter that was only 3-4 months old. Nothing about cutting it down. The correct recourse is for you to refund my money, not for me to have to attempt to resell it and hope I can get the same amount of money for it. I certainly would not have paid $165 for a shifter, especially one that doesn't work with stock *****.

I am not being unreasonable asking for a refund, and it shouldn't be my problem that you have already spent the money. Please let me know when the money will be in my account.

Colin
Again a repeated request for me to attempt to resell it

Originally Posted by njstreetrx7
[
165 was a good deal since they are over 200 shipped new. if you sell it you can def get your money back

please leave vid of you puting force screwing it in
streetdreams5520@msn.com
I send the video:

Originally Posted by linenoise
Video sent, including me putting force when screwing it in. At the bottom of a stock shift **** there is a plastic ring. The angle on the shaft of the shifter prevents the shift ****, even under pressure, from going low enough to catch a thread. My shift **** is 100% mazda oem original, came on the car when it was purchased in 1994.
He receives but can't play it:

Originally Posted by njstreetrx7
[
a plastic ring that doesnt seem right neve saw a plastic ring on any mazda shifter take pics

your vid is just giving off sound?
So I posted the video to YouTube (link below) to guarantee that he can view it

Originally Posted by linenoise
No, the vid gives off video. It works fine on my computer. The white internal plastic of the shifter is shown in the video.

I've uploaded it to youtube so we don't have to troubleshoot why it isn't playing on your particular computer. If you can watch any youtube video you will be able to watch this one:

http://www.youtube.com/user/linenoise721

Now that I've gone out of my way to show you that a stock **** does not work on a cut down shifter, I am going to ask again:

When can I expect a full refund of $165 sent to my paypal account (xxxxxxxxxxx@gmail.com) ?

My next steps are paypal dispute and forum dispute.
And his reply:

Originally Posted by njstreetrx7
i was able to see the video i dont know why it didnt fit as my rx-8 and stock **** fit.

to be honest you shouldnt expect the money anytime soon as this is a very bad time for something like this to happen. ive sold numerous things on the forum w everyone satisfied. it would be quicker to resell the shifter on the forums or send it back to me and ill resell it
that shifter is an hot item so im pretty sure it should sell quick.

if you really feel the need to go further with a dispute i cannot stop you. but i can only tell you you have to be patient.

also for another option; from looking at the shifter all you need to do is dremel out some material from the plastic to leave room for the curve in the shifter!
Mine:

Originally Posted by linenoise
You have very recently (3 days ago) sold several large ticket items on the forum, one of which was for over $1000. I find it hard to believe that you can't come up with $165 to refund my purchase. I find it more likely that you just don't want to take responsibility for the situation which is disappointing and completely dishonorable.

I am filing a dispute with Paypal, and I am making this post in the Seller Feedback forum. Hopefully this will help in pushing this issue towards resolution. I have made multiple purchases from people on this board, and I have sold my share of spare equipment. I have always tried to conduct myself in a professional manner and until this I have not had any problems.

Colin
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Old Jul 9, 2008 | 10:03 AM
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Shitty situation. Seller is definitely wrong, especially if he didn't mention that the shifter was cut. The fact that you can sell it does not negate the fact that what you paid for and what you received are two completely different things.
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Old Jul 9, 2008 | 10:22 AM
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There is a very simple solution for sellers. Don't spend the money untill you know the customer is satisfied!

I would be pissed if someone said they didn't have the money to refund me. They have time to take your money but can't wait 5 days before they withdraw it.
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Old Jul 9, 2008 | 05:16 PM
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Originally Posted by fdeeznutz
There is a very simple solution for sellers. Don't spend the money untill you know the customer is satisfied!

I would be pissed if someone said they didn't have the money to refund me. They have time to take your money but can't wait 5 days before they withdraw it.
I couldn't agree more. The last step in a transaction is not shipping, it is acceptance.
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Old Jul 9, 2008 | 09:47 PM
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njstreetrx7 appears to be completely in the wrong on this one. I hope he gives you your money back.
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Old Jul 10, 2008 | 04:30 AM
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You need to tell the seller of the item about this thread. There is no reason for njstreetrx7 to not refund you the $165.00.

Last edited by rowtareh?; Jul 10, 2008 at 09:19 AM.
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Old Jul 10, 2008 | 09:16 AM
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There is no reason for njstreetrx7 to refund you the $165.00.
How do you figure? He paid for something and received something else. If that doesn't warrant a refund, I'm not sure what does.
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Old Jul 10, 2008 | 09:19 AM
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Sprockett- I left out a word in my post. Added into the post now. Plus it was early this morning.
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Old Jul 10, 2008 | 09:21 AM
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Ha

The only reason I could see where he doesn't deserve a refund is because the picture of the shifter definitely shows a shorter area than normal where a **** would screw onto. On the other hand, if you hadn't seen a normal shifter before, you wouldn't have much to compare it to, and ultimately that MAJOR detail should have been included in the ad.
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Old Jul 10, 2008 | 09:32 AM
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That's why when we ask people to talk about their items, to be VERY specific. If not, this type of stuff happens where you have a thread created about you and a pissed off buyer. So, in theory the person did follow the guidelines of the forums.
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Old Jul 10, 2008 | 11:53 AM
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Originally Posted by Rowtareh?
You need to tell the seller of the item about this thread. There is no reason for njstreetrx7 to not refund you the $165.00.
For the record, I have told him about the thread, yesterday morning around 7 AM. I have received no reply from him, here or in PM.

Originally Posted by linenoise
Paypal dispute filed and forum post at https://www.rx7club.com/showthread.php?t=769978
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Old Jul 10, 2008 | 02:26 PM
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Good luck brother. He sold me a PFC that was broken when it arrived. Unfortunately it was for my project car and didn't test it out until a few months after I purchased it. The injector driver was burned out... that wouldn't happen sitting in a box for a few months. I contacted him about it and he told me he had a parts car coming in a month later and to PM him and he would give me the one out of it. He ignored my PM's after that and I deployed shortly afterwards and haven't had any time to deal with any of it. Pretty much just cut my losses at this point.
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Old Jul 10, 2008 | 03:34 PM
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for the record, that doesnt even look like a mazdatrix shifter--this is blatant misrepresentation. Go look on the mazdatrix website to see what their shifter looks like, this is nothing more than a stock shifter that he butchered. And even if properly cut down, a stock shifter isnt worth $200 like he's claiming this one is.

I dont think paypal will help you much, because they tend to focus more on sales from ebay than anywhere else. But its worth a shot--seriously my next move would be filing criminal complaint with his local police for fraud. Since you sent money electronically, this would also constitute wire fraud. Then again, if it were me, I would also be contacting mazdatrix myself, send them links to the FS thread and this one, and inform them that someone is trying to use their copyrighted name to rip people off...once they get word of that they might tear into him for a piece of his back side as well.

If you wait for him to get back to you, you will be waiting a long time....I would take these steps to try to make something happen before he decides he's good and ready to do so. Meanwhile, we're gonna have a look into whether or not this guy will be selling parts here in the future.

EDIT--he has sold a lot of things lately, as someone mentioned, so money should not be a problem right now. ESPECIALLY since he sold his FD at the end of June and he was asking $25K for that!

Last edited by rx7roller02; Jul 10, 2008 at 03:52 PM.
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Old Jul 10, 2008 | 05:12 PM
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linenoise - oh wow I ended up buying the jic Ti Muff from him and now you have me concerned with my purchase........ best of luck and I'll keep everyone posted on my purchase.
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Old Jul 10, 2008 | 06:01 PM
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Im glad the turbo blanket and gauge pod i bought from him came as described. I hope you get your money back but in case you dont maybe you could go ask around at machine shops, looks like just a short time on a lathe would let you fit the stock **** on. Of course you shouldnt have to do that, im just thinking worse case you should atleast be able to use the thing.
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Old Jul 10, 2008 | 06:02 PM
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Originally Posted by rx7roller02
I dont think paypal will help you much, because they tend to focus more on sales from ebay than anywhere else. But its worth a shot--seriously my next move would be filing criminal complaint with his local police for fraud.
You were right, Paypal was not helpful. My next step is his local police department.
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Old Jul 10, 2008 | 06:28 PM
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Originally Posted by linenoise
You were right, Paypal was not helpful. My next step is his local police department.
Oh man!!! not good at all. Keep pming him and i wise you and me the best.
I still dont have a tracking number for the JIC
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Old Jul 10, 2008 | 09:09 PM
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FDSeoul: If you do get your muffler I would be cautious about it having the ever so common rattle in the resonator that most all the JIC Titanium exhausts develop.
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Old Jul 10, 2008 | 09:11 PM
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Originally Posted by Circuit Theory
FDSeoul: If you do get your muffler I would be cautious about it having the ever so common rattle in the resonator that most all the JIC Titanium exhausts develop.
If you do get your muffler
holy ****
information well noted thank you!!!!! good looking out!!!!
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Old Jul 10, 2008 | 09:54 PM
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Roller,

Here is a side-by-side comparison:

Mazdatrix:



From ad:



Stock (OE) Rx7 Shifter:



From that, I'd say you might be right. The fat part of the actual shifter stem looks different than an actual Mazdatrix. The Mazdatrix shifter also looks like it has the company name etched into it...OP, does the shifter you received have "Mazdatrix" stamped/etched into it anywhere?

The guy could very well be selling a chopped stock shifter as a name brand aftermarket replacement.
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Old Jul 10, 2008 | 09:58 PM
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man this sucks
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Old Jul 10, 2008 | 11:47 PM
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I have sent njstreetrx7 a pm regarding this issue and he has been instructed to resolve this matter before he is allowed to continue selling on the club.
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Old Jul 10, 2008 | 11:55 PM
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Originally Posted by Sprockett
Roller,
From that, I'd say you might be right. The fat part of the actual shifter stem looks different than an actual Mazdatrix. The Mazdatrix shifter also looks like it has the company name etched into it...OP, does the shifter you received have "Mazdatrix" stamped/etched into it anywhere?

The guy could very well be selling a chopped stock shifter as a name brand aftermarket replacement.
No, there is no name on the shifter. The only markings are a "93" on the large ring, but it looks like it was done with an engraver and isn't stamped. Looking at your mazdatrix picture above, it says 79-92...maybe the 93-95 shifter looks dramatically different?

Does anyone have a genuine Mazdatrix shifter they can take a picture of?
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Old Jul 11, 2008 | 03:38 AM
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believe this--mazdatrix would not engrave that name into only the earlier shifter and not the 93-95 one. It only stands to reason that if they put their name on their other parts, that they also would on that one as well. Plus--there is a reason why the stock **** wont fit on it--mazdatrix gets rid of that fat shaft for just that purpose. Simple physics alone demands that no two solid items can occupy the same space at the same time. Thats why theirs is thinner all that much farther down, to accomodate the shift ****.

Thats why I said that this was a blatant misrepresentation. There is no way that shifter came from mazdatrix, especially when the seller even admitted cutting off of it.

Last edited by rx7roller02; Jul 11, 2008 at 03:51 AM.
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Old Jul 11, 2008 | 03:48 AM
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I have been contacted by Njstreetrx7 with follow up info. regarding My JIC purchase and has expressed and clarified thing. thank you njstreetrx7.
best of luck with resolving the shifter issue.
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