Gun shop re-sold gun and then sent bad refund check!

Discussion in 'General Firearm Discussion' started by willseeker, Jul 28, 2012.

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  1. willseeker

    willseeker
    N. Portland.
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    July 3rd. 2012, I bought a Colt Python from "Withems Gun Shop" in Grants Pass, Oregon through Guns America.
    It was listed for $775.00 + $25.00 shipping.

    I mailed a USPS money order for $800.00 2 days later and sent an e-mail with an attachment of "A Cut Above Pawn"
    as the FFL to ship to.

    I didn't hear from him for over a week, so I called him.
    He said he "thought I wasn't interested" so he was sending my money back???

    I've called him 3 times in the last two weeks and he keeps saying I should get the check anyday.
    I also e-mailed him twice, once asking him what happened, he get a better offer?

    I finally called the Grants Pass Oregon sherrif on the 25th of July to see if he would investigate.
    Unfortunately, they are understaffed due to budget cuts, but did take a report.

    I got a check yesterday. A personal check from Withems (not my USPS money order).
    The check was for $775.00. ($25.00 short)
    I went to his bank and the check was no good! Insufficient funds!

    What did he do with my $800.00?
    What do I do now?

    Be well,
    Will
     
  2. unionguy

    unionguy
    Portland
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    Your only option might be small claims court. Unreal to hear a story like this.
     
  3. drew

    drew
    OR
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    Does Guns America provide anything? If not, small claims court might be your best option.

    Maybe the bad publicity here will help too.
     
  4. Just Jim

    Just Jim Well-Known Member

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    Sorry to hear about this comrade. I think I have been in that shop too.
     
  5. darkminstrel

    darkminstrel
    PDX
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    In accepting the funds for the weapon...doesn't ownership then transfer to you? In not relenquishing the weapon to you does that fall under the category of stealing it? Might want to play up that angle even though it wasn't transferred to you via FFL yet.
     
    Grunwald and (deleted member) like this.
  6. AndyH

    AndyH
    Keizer, Oregon
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    Thats total BS, Grants Pass is not so far away that I would not be paying him a personal visit.
     
  7. willseeker

    willseeker
    N. Portland.
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    I'm thinking ATF on Monday.
    I remember a couple years ago PP (Playboy Penguin) was having an issue with shipping a gun to a gun shop that wouldn't accept it but they also wouldn't send it back. It was something like that. Anyway I think he go in touch with ATF.

    Be well,
    Will
     
  8. willseeker

    willseeker
    N. Portland.
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    A week ago I told him just that. If I didn't get my money back I might have to visit him.

    This guy's a piece of work. I'm hoping somebody knows him and can talk sense to him.

    Will
     
  9. hermannr

    hermannr
    Okanogan Highlands
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    I do believe you are correct there. He cashed you check...the gun now legally belongs to you. I would have another talk to the local Sheriff about theft of a firearm.
     
  10. GOG

    GOG
    State of Jefferson
    Silver Supporter Silver Supporter

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    We're moving to the GP area soon and he certainly won't get my business. So that's one less customer for him due to your problem.
     
  11. deadeye

    deadeye
    Albany,OR.
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  12. OcelotZ3

    OcelotZ3
    Corvallis
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    Yes, he could easily lose his FFL over this one. I'd be contacting the authorities over this vs. visiting him in person. He had numerous chances to do it right and sent you a bad check, plus for less than your original amount.

    It would be trivial to get a small claims judgement in your favor, but this guy needs to learn a lesson.
     
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  13. Gas

    Gas
    Gig Harbor, Washington, United States
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    Contact the post office, that is postal fraud. They cashed your money order and did not send the goods.
     
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  14. jrprich

    jrprich
    PNW
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  15. SteelyDan

    SteelyDan
    Junction City
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    Start car.
    Drive south.
    Resolve problem FTF.
     
  16. willseeker

    willseeker
    N. Portland.
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    Yup. That's the place.
    Thanks for the links.

    Be well,
    Will
     
  17. Throckmorton

    Throckmorton
    Florence,Ore ah gone
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    Let the post office and atf handle it. you 'going to handle it' is an invitation for disaster.macho thing to do ? sure. right thing to do? won't accomplish anything most likely except get you more promises.If you raise a ruckus in HIS SHOP,you may be the one going to jail.
    prosecute via the PO,and the atf needs to get in on this too.
    simply winning in small claims court is just that....collecting is another matter.
     
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  18. Skang

    Skang
    WA
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    this is the best option.

    good luck, keep us updated.

     
  19. Burt Gummer

    Burt Gummer
    Portland
    Completely Out of Ammo

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    Squeaky wheel will get the greasing.

    Complain to the BBB and any/all review sites like Citysearch. Call him everyday without fail. If you are too busy to do it, pay a friend $100 to do it payable when you get your entire $800 back. Make the puke's life miserable.

    Call his bank every weekday to see if the funds are there. As soon as they are, cash it. It is a business, he will have funds in there at some point.

    If you try and cash it and it bounces, in Oregon you can sue him for 3x damages.
     
  20. badclam

    badclam
    willapa bay Sunny SW WA
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    Turn the bum into the BATF. He is a thief and doesn't deserve an FFL. Then turn him into the post office for mail fraud.
     
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