E-BAY's "MPTOBIS" - any experience with this seller?

[HRoi]

not since Lionel Hutz has an attorney done so much damage to his client in so short a time (assuming this is not some kind of troll, this is so unbelievable)

 

[SpooPoker]

I want one more poast from A Final Word. Just so his name is kind of irrelevant.

 

[A Harris]

Oy, this is a head scratcher. The original scew up was obviously at the Last Call, someone accidentally or purposely put two different sizes in a box. Mptobis (who incidentally I've had about a million successful transactions with) does a lot of volume and I'd bet he just didn't notice the difference. So the shoes weren't as described - his bad. But now that you've worn them they can't be returned to Last Call so he would just have to take the hit. It could well be argued that you waived your right to return by wearing them, I used to have a statement to that effect in my own sale terms. I'm not sure what I would have done in Mptobis' position. I'd probably have ended up taking the hit but it wouldn't have been an easy call.

 

[SpooPoker]

Originally Posted by A Harris

my own sale terms.

Until you get hit with SNADs and lose every damn one no matter what you say in the auction, you dont know how meaningless that is.

 

[Mr. Moo]

NMLC sells mismatched sized shoes at a rather large discount on top of their usual large discount.

 

[A Harris]

Originally Posted by SpooPoker

Until you get hit with SNADs and lose every damn one no matter what you say in the auction, you dont know how meaningless that is.

It helps that you laid out reasonable terms in the auction when working things out with the buyer, but as you noted, not so much when it goes to a paypal claim.

I actually won a not-as-described claim that was filed against me last year. It was a clear cut case and I kept at it until I got a reasonable rep to find for me and close the case. I couldn't believe it! I've only dealt with a handful of those in 10yrs but had always lost. I once lost a claim for a Rogan shirt that the buyer complained was "worn". It was heavily distressed from the factory and noted as such in the auction, with super-clear pictures. That one made me mad!

 

[teddieriley]

Originally Posted by Mr. Moo

Damn, you fucked up Mike O. You should have kept on wearing the shoes for three, maybe four months and then asked for 75% of your money back.

I actually laughed out loud at this. Then I muttered under my breath, "dumbass." I'm not sure if that was directed to you or for me for laughing.

 

[SpooPoker]

Your auctions are clean and well designed. Great pictures too.

I only won one SNAD, but the second I see them, I shiver. May as well just click "give buyer refund" right there.

 

[greekgeek]

Originally Posted by The Final Word

Dear MikeO:

I don't know about "pretty" or "dumb," but you may be the worst attorney I have ever come across. Surely, as an attorney, you understand that your writings and admissions here are admissible with regard to the matters at hand.

In a clear attempt to intimidate my client, you threatened, via e-mail, to disparage him on this, and other, online forums. Thank you for the link. I could never have gathered so much evidence without it. Since it apparently was not taught in your law school, "libel" is defined as "a written statement that maliciously damages a person's reputation."
Enjoy your weekend.

Sincerely,
The Final Word

Hi MPTOBIS!! Thanks for joining the conversation

 

[SpooPoker]

Greek, your blue shoes in your avatar make me jealous every time you post.

 

[B1FF]

Originally Posted by sho'nuff

i believe everyone here would. except you.

No.

I've bought a few things from MPTobis without problems, but if this had happened to me - even if I had spotted it - I would write him off in the future just because of the shipping/return hassles.

 

[MikeO]

Originally Posted by The Final Word

Dear MikeO:

I don't know about "pretty" or "dumb," but you may be the worst attorney I have ever come across. Surely, as an attorney, you understand that your writings and admissions here are admissible with regard to the matters at hand.

In a clear attempt to intimidate my client, you threatened, via e-mail, to disparage him on this, and other, online forums. Thank you for the link. I could never have gathered so much evidence without it. Since it apparently was not taught in your law school, "libel" is defined as "a written statement that maliciously damages a person's reputation."

I am also in receipt of the "claim" you sent to my client wherein you threaten that, if you lose the dispute with Paypal you will sue him, and that "At a minimum [he] will have to retain a lawyer in Tulsa County (Young guys around here charge $150-ish an hour) or get a default judgment against [him]." And that you will "spend more money making [his] life miserable than [you are] out now. "That's just the kind of person that I am." I appreciate the clever statement in your e-mail that you are not "trying to scare" him. Don't worry, he's not scared. I am also in receipt of a copy of a small claims complaint, no doubt intended to intimidate my client further.

Surely as an attorney you must know that threatening a party with the exorbitant cost of litigation in an effort to coerce settlement on favorable terms is intimidation and extortion. The Oklahoma State Bar confirms that such threats are also ethical violations. I am certain that this is not the type of behavior your firm expects of a junior associate who has been licensed for almost two whole years. I note that you have spent most of this work day posting to this forum from your office. Yes, I called your office and the receptionist confirms you are there. If I were your managing partner, I would have questions about your billable time today, your value to the firm, and about whether you used office equipment to effect your mis-conduct. I would also have serious concerns about the level of legal intellect that has informed your actions.

As a seller of integrity, my client takes his reputation very seriously. The terms of sale clearly required that: (1) all returns be made within 14 days of the purchase date; (2) the product be in original unworn condition; and (3) the product be accompanied by a product return form. Despite your failure to meet any of these simple requirements, the seller still attempted to accommodate you. You met his generous offers with childish rants, illegal threats and public harassment. It appears you must believe that two years of practice has conferred upon you the almost god-like status of attorney, that the rules don't apply to you, and that you can intimidate others with your status. This is exactly the type of conduct that has caused the general public to be disdainful of lawyers.

No doubt you will benefit from the lessons taught here today and will be a better lawyer as a result.

Enjoy your weekend.

Sincerely,
The Final Word

Oh brother... Never in a million years did I think I'd get into arguing law on message forum about clothes. I agree this whole thread has taken a hard right into crazy town, so I'm done after this one. Sorry guys.

Worst attorney? Yeah, maybe. But the rules of evidence don't apply in small claims court. So any party admission is pretty much meaningless. Second, demand letters are perfectly ethical. And litigation is expensive. Is that a lie? Point me to a model rule that says otherwise.

And libel? Truth is a defense to libel. Point me to a untrue statement. Never claimed to be a "god," just I don't like being cheated.

Peace out bros.

Oh, and I billed 8 hours today.

Oh, and whoever said file a paypal dispute instead of whining on this forum? That was like the first thing I did. I wanted to post on here because I had already left positive feedback and the seller must let you go back and revise it. Mptobis would not let me so I wanted to share my experience. That was the whole point.

It's been real and fun, but it hasn't been real fun.

 

[SpooPoker]

 

[greekgeek]

Originally Posted by SpooPoker

Greek, your blue shoes in your avatar make me jealous every time you post.

Hehe, don;t get too excited, they are but lowly AEs

Oh and I bought a very nice suit once from MPTOBIS, it arrived it great shape. The one offputting thing about the transaction was that the suit was listed as having size 34W pants. They arrived with a 33 on the tag hand crossed out and 34 overwritten on them. I still left a positive Feedback.

 

[HRoi]

Originally Posted by MikeO

Oh brother... Never in a million years did I think I'd get into arguing law on message forum about clothes. I agree this whole thread has taken a hard right into crazy town, so I'm done after this one. Sorry guys. Worst attorney? Yeah, maybe. But the rules of evidence don't apply in small claims court. So any party admission is pretty much meaningless. Second, demand letters are perfectly ethical. And litigation is expensive. Is that a lie? Point me to a model rule that says otherwise. And libel? Truth is a defense to libel. Point me to a untrue statement. Never claimed to be a "god," just I don't like being cheated. Peace out bros. Oh, and I billed 8 hours today. Oh, and whoever said file a paypal dispute instead of whining on this forum? That was like the first thing I did. I wanted to post on here because I had already left positive feedback and the seller must let you go back and revise it. Mptobis would not let me so I wanted to share my experience. That was the whole point. It's been real and fun, but it hasn't been real fun.
don't go. this thread just got worth subscribing to