Need Legal Advice! being scammed

[trevorjk]

first off, im looking for a free legal consultation... if anyone knows anyone in SE WI or NE IL please PM me!

ok here is the deal

1 month ago i went into a local small computer shop and got a price qoute on a computer. this is after finding out reviews online, and hearing from people that have delt with him and saying he was good at what he does and is a nice guy.

so i got the quote. the quote consisted of very vague outline of parts so that i could get a student loan. IE: Intel Dual Core Processor. hard drive, intel motherboard, ect ect

now, no contract was signed. and all specs on the computer were in verbal agreement. and everything was suppose to be HI-Def, 64bit ready, and easily upgradable 1 year down the roud if i wanted.

2 days after i got my computer, i called him out on every peice of equipment he got wrong (everything) i brought it back 3 days after that phonecall where he put in the video card which he did not put in to begin with. and then gave me a new monitor to replace the one that he origionaly had given me. this time it was NOT a widescreen. so i called him out on the stuff that he DID NOT do on my computer the first time i brought the computer back. so 1 week from the first time i brough my computer back, i brought it back again. this time he stated that he was going to upgrade my ram and make things right. he calls me back later that night and says that it is finished and there is an issue with the ram. turns out (even though i know for a fact there was 2 gigs of initial ram) he claims he only had 2 512 sticks in there. and that there is only 2 ram slots on the board. so i will need to bring the computer back in a few days when he gets the other stick of ram to make it the 2 gigs... which we just agreed on 3 gigs. at this point he has still not put in my firewire, lightscribe dvd player (no big deal though) 2.5ghz cpu. and sound card. so i go back 3 days later with a witness by my side. and tell him i want to return everything for a refund. at this time all 3 of us sat down at his desk and he agreed to fully refund my investment and that he would need a few days to get money for the check to reimburse me. so i wait 3 days. give him a call, he says he just did his taxes and ill have to wait 1 week. so i wait a week, and did not get a call back. finally today after 3 phone calls, he returned my call and gave me 2 options and only those 2 options as my only options. his options after talking to his attorney are that he gives me $500 and we call it even, or he puts another $50 in parts into my computer and we call it even. and this is now where i stand.

so here is a list of our verabl agreement, and what i got.

Motherboard = ASUS P5GC-MX/1333 LGA 775 Intel 945GC Micro ATX Intel Motherboard

Price = $55

To upgrade anything on computer, this would need to be upgraded first. Does not support SLI, does not support high end ram, terrible front end bus. does not support 64bit

Processor = Intel Pentium E2180 Allendale 2.0GHz LGA 775 65W Dual-Core Processor Model BX80557E2180 - Retail

Price = $83

was told i was getting 2.5 ghzwas told i was getting 10k rpm's - price difference roughly $100 for a 100gig smaller drive

Graphics Card = BIOSTAR VP7202GL26 GeForce 7200GS 256MB 64-bit GDDR2 PCI Express x16 Video Card
Price = $29


Memory/Ram = 1 512mb and 1 1gb at 333mhz

Price = $25 and $45
Did not come with lightscribe as told

Monitor = Hanns-G hx192D

Price = $220ish

Origionaly got Hanns-G hw193 monitor, then replaced with current monitor. Still not the high def monitor we agreed on. (2ms refresh, 1080, 2000:1 contrast ratio)

Keyboard = Saitek eclipse

Price = $35

Mouse = Logitech g3

Price = $45

Media center card reader = cant open case to distinguish brand and model

Price = Can be had for $15 easy

No fire wire ports like i specifically said i NEEDED

Case = Systemax Venture Computer case

$40

Case Fans x3?

$8 max a piece = $24

Im assuming CPU came with fan


Powersupply = ?

was told i was getting a 650watt but I can not find out since it voids the warranty if i open the case

Speakers = Logitech r-20

$19



Items not received. Soundcard, firewire, SLI support for hi-def

Total = $803! (newegg price) more then half of what i paid

[teufelhunden]

$500 and keep the parts? Do that.

Though this isn't the type of thing where you're going to get a free consultation with anyone who actually passed the bar...

[trevorjk]

$500 and keep the parts? Do that.

Though this isn't the type of thing where you're going to get a free consultation with anyone who actually passed the bar...

yes it is $500 and keep the parts. but then im left with a $900 at most computer that cant really handle the things i initially needed it for.

also, only getting $500 leaves me with out $400 worth of parts

also, i know BBB and all that... but i want to know my options before i go forth with claims and such

[teufelhunden]

So buy the parts and put them in your computer. Sell the things in there that you don't need.

Sounds pretty simple to me.

[trevorjk]

So buy the parts and put them in your computer. Sell the things in there that you don't need.

Sounds pretty simple to me.

but i still end up loosing $400. im a pisspoor college student, and that would last me 4 months easy.

to upgrade this computer to anything remotely to what i need (extreme video editing) i would have to start with a 64bit sli ready motherboard. theres $200. at least 1 512 graphics card. $200 right there. and at least 3gigs of ram. and theres my $500, and ill only make around $100 at most for the motherboard, vidcard, and ram combined if i sell it

[Steelrat]

Tell him $700 and call it even. He's in the wrong, and he knows it.

[jenarelJAM]

There's small claims court....

No experience with it persaonlly, but it's an option.

[robnix]

The only real advice is to get it in writing next time. You won't have much luck in small claims without documentation.

[skife]

The only real advice is to get it in writing next time. You won't have much luck in small claims without documentation.

Better advice is buy the parts yourself and have someone assemble it.

[trevorjk]

Better advice is buy the parts yourself and have someone assemble it.

i couldnt because it was a student loan, and i had to go through a "legitimate" store. otherwise i gladly would have.

also, after talking with my mother, we are thinking that he is calling a bluff on saying he talked to his attorney about the money since it has taken him 2 weeks, and he has said this whole time that he does not have the money. also with Option A being $500 and option B being about $100 at most

[KC]

The other side of the story.

As a comp tech by trade this story sounds f-ed.

You "called him out" on something that was never written down? It could have been a mistake, and his reputation suggests just that. I would be PO-ed if someone was calling me a liar/scam from the get go.

"Total = $803! (newegg price) more then half of what i paid"

Sounds perfectly lagit to me. Computers parts have to be Shipped to the tech. Then they have to be installed and they dont do jack without the Operating system.

lets say you paid 1300 ish?
- shipping $100
- Labor $300 (going rate is $75.00 an hour)
- OS $150 minimum

= $800.00

And if the new parts cost a total of $500 why isn't option 1 a great one? Buy the new parts on new egg and give the old parts to some college nerd for the trouble of installing them.

BTW, he is probably giving you this option because the parts are used and he cant get his money back on them. That means he is sacrificing EVERYTHING he made on this deal and then some to make you happy and honestly... to make you go away.

Sounds like there was a mistake and you overreacted. "Call outs" belong on the paintball field.

JMO. -Kristian

[trevorjk]

i have been nothing but completely nice in the whole situation, i never lost my cool once until i posted this here on this forum. i have given him plenty of opportunities to fix what he has wronged. a verbal agreement should be upheld unless you are scum and really do NOT care about your customers. i was more then willing to work with him, especially since i went to him over circuit city and best buy AND tiger direct just down the street where i could have gotten better for the exact same price. i knew i wasnt going to get 1750 in parts when i got him the money, i knew i would have roughly a 1400 in parts comp with the OS included in that price and then 350 in his pocket. which is basically 6 hours at $60 an hour. which he has posted as HIS prices for servicing computers. but the fact that he lied about everything going into my computer, repeatedly lied to my face, and even after i called him out, and his unwillingness to correct the errors on his part. i was not going to do business with him anymore. and when he agreed infront of witnesses that he would give me a full refund after again i called him out on everypart in the computer; i thought all would blow over and we could all be civilized and go our own ways. but this last act on his part proves to me that he never cared about me as a customer, which angers me as i put my trust and faith that he would build me a $1400 computer which i have NOT recieved. and the $500 option definetly does not heal the wounds that he has deepened with me and small business owners. (not the first time a small business tried to scam me)

i fully understand small businesses need to make there money, but there is absolutly no need to milk your customers for every dime you can when a 6 hour day makes you $350

[teufelhunden]

A verbal agreement is still a binding contract. The problem is, and the reason things go in writing, is that it becomes he said she said which is moot in court unless one has a reputation for altering verbal agreements, which this dude does not.

I really think you're SOL, maybe small claims could get you more than 500 for nothing more than the court cost.

Why wouldn't Tigerdirect or Newegg have counted as a "legitimate store?"

[devildog]

judge judy ftw. settle your claim and make some money for being on tv!

[jenarelJAM]

judge judy is disgusting...