Lens dust and legal threat.

Started Mar 31, 2013 | Discussions thread
Marco Nero
Marco Nero Veteran Member • Posts: 5,231
Re: Lens dust and legal threat.

WTarcher77 wrote:

I too "value" feedback etc....   in this case, with this buyer, a flyin leap seems the best answer.

Agreed.  This buyer is really going to continue to be a pain, even if he gets his way.  He can (and probably will) leave negative feedback even if he gets a refund.  I love people like this because I refuse to budge an inch if I think I'm in the right and the buyer is intentionally trying to "pull one over".

Forget about Escrow accounts.  I underscore my earlier reply above.  I'd NOT let this guy return what you knew to be a perfectly good lens because who knows what he has done with it since he started using it.  His threat of a lawyer is bluff.  If he intended to bring a lawyer into it, he'd have sent you a Notice of Intent/Letter of Demand by now if that were the case.  Remember that you too can sue for Defamation, Harassment and Fraud.

Personally, I'd ignore all further communication from this guy.

Don't write back to him.  He already knows your thoughts.  Keep a record of all communications so far and hang onto them.  In the end, the odds are highly unlikely that he will bother to pursue this issue.  If you continue to maintain contact with him then he will continue to needle you. Even if he does send you a letter from a REAL lawyer, you can always point out to them that you have done everything humanly possibly to find an amicable solution but to no avail because the buyer is being unreasonable.

Seriously, after SEVERAL weeks time, he decides ONLY THEN that lens is not up to his standards.  I'd just forget about him.  Anyone who says "do what he says because the lawyers always win" is a coward that doesn't understand how litigation works.  If this bozo takes out a lawyer, feel free to defend the case yourself because it's a very simple one and it's easy to do.  He has to prove himself as the "injured party".  He can't do that, especially considering the amount of time that has elapsed.  If you did feel like some fun in court, you always get more leeway as a self-defender in a small claims court... more so than a lawyer.  Just tell them what you told us and you'll be fine.  The photograph (even from the side) shows you take care of your equipment.  And his attempt to add further "problems" to the list of gripes that he has with this lens, even AFTER you offered several solutions (one of which involves the manufacturer) simply demonstrates buyer's remorse and belligerence from this guy. Let him burn.

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