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Defamatory, Libel & Slanderous Accusations...

eBay has certain procedures & options, & ONLY them to follow, even when the transaction is for a: “NOT AS DESCRIBED” transaction. (SEE screenshots)

In order to get to the: “NOT AS DESCRIBED” option, eBay makes you use the “Returns” option, (worst case scenario), no matter if you go thru your purchases page or thru the Open A Case page in the Resolution Center.

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Defamatory, Libel & Slanderous Accusations...

Strictly guessing, maybe eBay’s Policy & Procedure “Options” are one of their (eBay) ways of finally trying to get sellers to more responsible & truthful with their (seller) listings. Forcing all issues ultimately towards a “RETURN of sorts” in worst-case scenario.

If you [Fred Nelson] had contacted me first, when I sent you the NOT AS DESCRIBED request thru eBay, this would have ALL been avoided completely.

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Defamatory, Libel & Slanderous Accusations...

I included in my request, my concerns with the shipping & condition, & to please advise. (SEE prior post screenshot) Here is that eBay message also:


Doesn't match description or photos

Comments

Hello Fred.

I am opening my packages this week, 4 the last month. I apologize not getting to opening them sooner.

I hate to say it; however, I am disappointed w/ this purchase. I have always thought highly of you, based on meeting & talking w/ you, as well as photos of your beautiful home & such.

The clips 4 the strapping that were used around the box, actually rubbed thru the outer box, tearing up the inner original box.

When I opened the inner original box, there was no padding/packing materials used, & thus the handle moved around, back & forth scratching up the rug nozzle.

When I took the machine/pieces out of the box to L@@K over, I see there is a stain on the lower portion of the bag, & it s kind of obvious.

Also, the brushroll is from November of 1999, NOT original.

The lower portion of the round handle tube is also dented.

The title says: Vintage Kirby 519 Like New in Original Box All Original

Your Seller Notes: Used once or twice - like new

And per your description:

...a Kirby 519 found brand new in the box. It has been run but not used for cleaning. Mainly a display unit. It is all original including bag, cord and attachments including the original box. The pictures speak for themselves...


Frankly, this is NOT what I received. And, I do not know who/whom did what part of the packaging process?!?!

I do have photos as I unpacked the purchase, (as I do on all of my purchases 4 posterity & documentation). [I have html block in messages here on eBay, & thus photos too.] If you want to see them, I can & will send them to your regular email address.

Plz advise.

TY again & hagd/n. Bill 608.373.7700
 
Defamatory, Libel & Slanderous Accusations...

~~~~~AND, let me be clear, the damage did NOT take place because of the shipping company, it was because of the horrible lack of PROPER packing & packaging.~~~~~

I did NOT ask for a return, not did I ask for a full refund.

Instead of “communicating,” [which in the 21st century seems to be a dying thing], [which I immediately did upon purchasing the Kirby], Fred Nelson chose NOT to!!!

Now, I don’t live on the computer, & I have a business to run, & customers to provide exceptional service to, [IMHO]; …so when I checked my account I saw a full refund, with NO RETURN, & TO KEEP THE ITEM!!!

This was the one (1) of four (4) choices that you [Fred Nelson], NOT me made on your end, in eBay, as a many time item seller.

[I had to ask eBay what the choices/options were/are for a seller in a NOT AS DESCRIBED transaction, as I had no idea what they were.]

Here is a screenshot of the seller options:

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Defamatory, Libel & Slanderous Accusations...

You [Fred Nelson], at 06:13pm, on the 4th, CHOSE the 2nd option of: a FULL REUND, w/NO RETURN, KEEP THE ITEM.


Due to the problems described, when I saw this, I thought you were being a “stand-up, classy guy; accepting responsibility for the problems. [Boy was/am I sadly mistaken!!! Instead you show your true colors.]


Then, ALMOST 24 hours later 03:22pm, on the 5th, you ask me to return the item. What the… ???


Even after the refund I still provided you with thirty+ (30+) photos showing the damage & condition(s) of the Kirby.

I’ve ate at a lot of places over the years, some five star, some not so much, some many times; however, if after having bad food at one, I don’t trust them so much.

The point is: I don’t “Drink the Kool-aide.” Just because everything has been ‘hunky-dory’ in the past, doesn’t mean it is now.

Things change, some people change.

Maybe these recent transactions, with Fred Nelson:

(Hoover 115, eBay item #231841992057 [SEE feedback] & Kirby 519, eBay item #231834866591),

…were just a couple of bad shipping decisions, or a poor & misleading description in the case of this Kirby 519.

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Defamatory, Libel & Slanderous Accusations...

I would’ve been willing to give you the benefit of doubt had you handled this whole transaction differently. NOT anymore; again, you have shown your true colors, in my opinion.

There’s a saying about a person & their money. I don’t part easily &/or freely with it. And when I do, I expect to get what I paid for; be that a dollar or a thousand dollars.

If a meal is cold; I expect ‘them’ to do something about it; if I buy a car or TV or something else new, I expect it to be such. NOT scratched & beat up, & with parts that are forty (40) years from original, when they’re supposed to be ALL ORIGINAL!!!

I expect answers (conversation) or compensation!

I have plenty of machines to restore; I didn’t need another one. I wanted one that basically “ready-to-go,” so-to-speak.

This one will have to be taken apart, cleaned, buffed out & should have the handle tube replaced & the brushroll replaced to be 1959, ALL ORIGINAL. Even with some of my connections, good luck finding those parts “period original.”

Understand that these machines I purchase & own are intended to go into a museum or museum type setting.

They are intended to be as close to factory original as practical (or monetarily), to authenticate factual history of production. NOT guesswork!!! This was supposed be basically be “turnkey;” NOT so in its present condition.



My opinion is you feel you priced the Kirby too low, & in requesting the machine back the NEXT day, this was your chance, to maybe get more money for the Kirby or the sum of it’s parts; as you’ve reference the cord alones value.

Frankly, I don’t care at this point what the sum of its parts are; I purchased it based on YOUR description & its then current condition, NOT how I received it. PERIOD!

It is NOT now in the condition you described, nor is it all original as stated in your listing. And the dirt in the pictures of the Emtor show that it was more than “…mostly display.”

Besides that, you set the Buy-It-Now price. This seems more like ‘sellers remorse’ by asking for it back the next day!
 
Defamatory, Libel & Slanderous Accusations...

My belief is that most all should & will be able to see the truth here; whether it’s what they want to accept or not!

And when it’s all said & done, I like to believe, (naïve or not ~lol~), that most individuals of character will apologize to me if they’ve said (typed) something inappropriately, having NOT known the “TRUE” facts.


If you [Fred Nelson], had handled this differently, fessed up to your mistakes, then we wouldn’t be where we are now!


And my initial request to you [Fred Nelson], after these two (2) thread were posted; & web-master [Robert Seger] were notified & asked to remove the two (2) posts; will still stand, except for number eight (#8). NOW, after all this, I will give you [Fred Nelson] NO MONEY whatsoever!!!


Here is the “ALL ORIGINAL” email I sent the you [Fred Nelson], web-master [Robert Seger], etc. along with the thirty+ (30+) photos of the un-boxing of the Kirby 519:



Subj: Re: I Have Warned Everyone
Date: 03/14/16 11:42:11 PM Central Daylight Time
From: [email protected]
To: [email protected]
Sent from the Internet (Details)





Hello Robert,

Please see the other two (2) emails I sent with photos & information.



1. I did NOT ask to return the machine, nor am I going to;

2. I did NOT ask for a full refund;

3. I DID ask for answers [ie: plz advise];

4. I am NOT the one who did, or allowed the horrible packing [Fred acknowledged in an email];

5. eBay gives a seller three options on a NOT AS DESCRIBED case, & Fred (NOT me) chose a full refund, & for me to keep the machine;

6. I am NOT the one who screwed this sale up completely;

7. Fred publicly & permanently, (VL forum, VCCC, emails to members, facebook, etc as applicable), apologizes, acknowledges the damage as shown in the photos & accepts responsibility for the horrible packing he allowed; as he screwed this up, & he calls me & verbally apologizes & then finally,

8. Even though I am legally under no obligation to offer any payment [this has also been confirmed with eBay], as the transaction was closed, with no return, by the seller; I will agree to pay an agreed upon, lesser amount than the $150.00, as the purchase was NOT as described.

Otherwise, I will consider pursuing the matter further, regarding the slanderous accusations made in public & private.


Of course he's (Fred) going to say it's not slanderous, he said it. ~lol~


[I have already compiled all the emails, thread printouts, eBay correspondence, original {as purchased} photos & description from the listing, etc to document this whole fiasco.]


Thank you.

Genuinely & sincerely,

Bill

a007kirbyman

608.373.7700


cc: Fred Nelson, counsel, etc. as I deem apppropriate



CONFIDENTIALITY NOTICE:
The document(s) (if any) accompanying this e-mail (as well as the original actual e-mail) contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, distribution or the taking of any action in reliance on the contents of this confidential information is strictly prohibited. If you have received this e-mail and its accompanying document(s) (if any) in error, please immediately notify us by telephone to arrange for return of the original document(s) (if any) to us. Also, you are required to destroy any electronic records or copies of such previously described e-mail, information or document(s) (if any).
 
Defamatory, Libel & Slanderous Accusations...

As for some of the comments made in these threads, let me just say, there are a few who should consider investing in mirrors.

Let me also say, there are a lot of good people who’ve left, or almost left these two clubs [VL & VCCC], because they didn’t meet the “status quo,” were “bullied,” of do/did not like “confrontation,” etc., in any way, shape or form!!!


It’s sad, (but a reality), that people are treated like that. I for one will NOT stand for that being done to me.

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Defamatory, Libel & Slanderous Accusations...

If you [Fred Nelson] have the class that some of these people think you do, then you’ll fess-up to your choices, decisions & mistakes, & apologize & accept responsibility for this whole mess, instead of blaming the two (2) buyers.

Whether this was a bad choice in packing companies or not, is irrelevant to me. To even have brought it [the Kirby 519] to the packager with nothing in the box to separate the pieces (ie.: metal) is ridiculous to say the least; especially with this supposed to be a “…like new in the original box…” Kirby!

And then, to trust them to pack it right, especially someone you’ve never used before?!?!? My experience with most packages I’ve received packed by one of the various shipping companies has been laughable to say the least!

You [Fred Nelson], also stated that you paid around a hundred dollars to have the machine packaged?!?! Hmmm, …maybe you should be trying to get that money from them instead of me, for the horrible job that was allowed.


As for feedback, you retaliated & posted negative comments for the other person, who called you out on the “awful” packaging of his or her Hoover 115.

Blaming the buyer for your poor choice of packaging & packaging companies is low! And his “low volume” has zero (0) effect on expecting a properly packaged item!!!

You [Fred Nelson], earned the feedback you’ve received. Own up to it!!!


If someone truly was of good character, they would faced up to it & accept full responsibility. That was & is NOT the case here (IMHO).
 
Defamatory, Libel & Slanderous Accusations...

IN SUMMARY:

Whether you like him or are friends with Fred Nelson, here are the actual factual facts as follows:


1) In his [fraudulent] listing he lied to the eBay World, & in essence to me the buyer;
a) “…like new in the original box…” “…ALL ORIGINAL…” NOT the case,
b) bag is stained,
c) dirt is in the bag/Emtor,
d) NON-original brushroll from Nov. 1999; NOT 1959,
e) Handle fork tube scratched & bent (before, …or during shipping, I don’t know???),
f) Listed as in St Charles, IL, when in fact it was in CA (I knew this, eBay World did NOT);


2) And that’s before the damage & then, after packaging & during shipping (due to poor packaging);
a) Original box now beat up with hole thru the lid,
b) Nozzle scratched & gouged;

3) I wanted answers (communication), NONE was given prior to his choice, of refund, NO return;

4) He reneges on his choice, & then asks for the machine back, which I never asked return;

5) I was willing to accept a partial credit for HIS mistakes;

6) Even after the offer to have him “come-clean” & still give him back something monetarily-wise;

7) Still the offer for him to fess-up to his mistakes & accept responsibility like a person of character;

8) After all this, monetary or machine… NOT a chance in whatever!!!


Fraudulent points or lies are highlighted in the screenshot below.


I am NOT one to “roll with the status quo” & be intimidated by & because it’s Fred Nelson.


My character is what you see, is what you get, both business & personally. If I’m wrong, I’m both capable & willing to admit it. NOT the case here with Fred Nelson, as of yet!

I know I’ve repeated some things, & that’s because some people don’t “read” what’s said the first time.

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Defamatory, Libel & Slanderous Accusations...

Many times I’ve seen in threads & posts; & elsewhere over the years, where if people learned to communicate (ie.: talk), or “slow down” & read what’s written, things like this could be avoided completely.

Example being, I did NOT say I needed time to ship this out, (Reply #9, Thread: Do Not Do Business…), I said “…posting something…” regarding these threads & “…spring customers & end-of-the-year business forms, taxes & filings…” that are way more important than this stupidity in these two (2) threads. OR, you obviously don’t grasp tax season!


I have much better ways to spend my time!!!
 
Looks like compactelectra owes an apology

Well now compactelectra...

1. We can all see the vac was put into a box that could not support any protective packaging around the items, no packaging effort was made to protect the contents inside the box and we know all know unequivocally You (compactelectra) mislead everyone about the item not being damaged in shipping,
2. We can clearly see the item before the damage was not new in the box/used one or two times.
3. We can clearly see the seller broke eBay policy by not having correct contact information as it did not ship 90 miles away from where the buyer resides.--- which if I was the buyer would be reporting to eBay after treating him the way you and your friends have.

compactelectra, the way you and your friends bashed, belittled, put down bullied the buyer, I wonder if he will work with you about sending the vacuum back at your expense or I wonder if he will accept a partial refund from you when he does not have to do a darn thing as you told eBay to refund him and told eBay he can keep the item and I wonder if the buyer is going to work with you to remove the negative feedback you received for this transaction?

compactelectra, you and your friends who bashed, belittled, put down bullied the buyer owe him an apology and if this was a true forum not run by you and your friends, you would be removed from ever posting again in this forum. And you and your friends should also be proud of setting such a great example for the young people kirbylux77 referred to in his posting.

Disgraceful!!
 

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