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Dispute over oil cooler with racer98

Re: Some NSX parts for sale

I have to agree with Ponyboy... your Ebay listing said "Complete Kit with all parts" and it DID NOT have all the parts - you just admitted that above. Therefore, to try and charge a restocking fee (of which 30% is outrageous especially for an item that is already used to begin with!) is absurd. After all, Pony didn't decided that he didn't want it - it was not as advertised and he was waiting for you to make good. This is your bad, not Ponyboy's. Had it been a complete kit with all parts, then he wouldn't have to return it.

I think you have two choices here...

1. You purchase the parts from Sumit Racing to make it work and send them to Ponyboy.
2. Full refund to Ponyboy

You should have advertised it as an "almost complete" kit and listed the needed items to make it work and then you wouldn't have this problem. That was your mistake, not Ponyboy's.

BTW: I have never met either you or Ponyboy. This is an objective view of what you advertised, what he got, and how you are handling the post sale support. Shame on you! Karma is a Bitch!


Make a good piont but I think scorp has hit the nail on the head with this. Also I have a lot of NSX customers who were happy with their products they have bought from me. Although Im very well versed on dealing people ina very profesional level, yes you are right this could have been handeled better in many ways. I can not satisfy every one.
 
Re: Some NSX parts for sale

This is silly...

Of your post, this is perhaps the only thing I agree with. This is very simple, I want what I paid for. And if that isn't possible, a refund would be fine. Both are reasonable expectations.

And yes, I fully plan to take this to small claims court locally which has jurisdiction in a case like this. There is no threat. This is happening.

Your only recourse in this situation...

The recourse is as outlined above in my previous posts.

Either provide the "complete kit" as stated in the eBay listing or provide a refund. That's it. That is the reasonable and equitable thing to do.

The third party observation I am going to make is as follows...

Brokering a sort of deal is commendable but not requested. Thanks but no thanks.

if Karim is offering $275, and the transaction total after shipping is $410, you now have a $135 difference - could you both perhaps agree to split this difference, resulting in a $350 refund?

The suit will be for $511.48. The cost of the oil cooler. The postage and 10% (allowable by law). And then whatever court costs the judge awards.

The $275 offer is ridiculous. As is $350.

You would get most of your money back, Karim would be compensated for his time, and you can both go your seperate ways.

That's laughable. Karim has already been compensated. It's arguable that it's not even an HKS part. And you recommend me rewarding him for being dishonest?

Alternatively, if you're still after an oil cooler, as Karim has said several times, this kind of device is not rocket science - if you have most of the device you can source the few remaining parts, at summit, jegs, etc., and complete its installation into your nsx.

Hey, you want a HKS Oil Cooler (complete kit BTW) that needs a few parts? I know a great guy who will sell you one.

is there a dollar amount you would be interested in receiving, in order to complete the installation of this oil cooler onto your car? eg perhaps a $75 partial refund, in order to source the remaining parts yourself?

I've tried to come to an equitable solution with Karim and have been more than patient. There are two agreeable solutions to me at this point: provide the missing pieces or provide a full refund.

I may have been inclined to accept the purchase price in other parts (once he rec'd the oil cooler back) but his actions and his refusal to work with me are now, and have been, past the breaking point.

I haven't been sent the paperwork confirming the court date but Karim has until that date to provide with what I've requested. He'll receive the same paperwork as I will be.

It can't be too hard to come to an agreement here...

Scorp, even with your insults (direct and indirect) to me...I must say that trying to bridge the gap is commendable. But it's past the point of no return. The paperwork has been sent in and my solutions have been made clear.
 
nice, so you filed this this morning at your court house on today. Cool I didnt know they are open on a naional holiday.

ok so at this point you want to drag this process out, im down to battle, very simple. I can agrue the case in court and provide a full explaniation and let the court decide with this.

sorry as the case states you dont know how to finsihi up the install or know how to buy the parts for your the install process , as my offer stands ship it back so I can refund you minus the difference, I payed for shipping.

so if you want to drag this ot in small claims.


That is it.

might want to post up the photos of every thing you got from me, yet I hope ist all together.

lets see if we can walk thru this so you can get thouse 3 last itmes from Summit racing.

ok so the ball is in your court.
 
I need photos from what I sesnt you, post them up so I can make sure its all there please mail the item back to me and send me a letter sating how the refund is to be sent to you.

my refund for this will be for the orginial purschase price $399 + you pay for the shipping. that is where I think I have been more effective in briddging the gap hear.

So do

1) take photos
2) post it up
3) mail the itmes back to me at once.
 
nice, so you filed this this morning at your court house on today. Cool I didnt know they are open on a naional holiday.

The forms are available online and were sent in last Saturday via regular mail. They rec'd it on Tuesday. It should take 10-15 days to process and you'll meet the process server (local Sheriff) who will give you the paperwork a few days after that. The court date, location, and time will be listed on that paperwork.

ok so at this point you want to drag this process out, im down to battle, very simple. I can agrue the case in court and provide a full explaniation and let the court decide with this.

Ok.

sorry as the case states you dont know how to finsihi up the install or know how to buy the parts for your the install process , as my offer stands ship it back so I can refund you minus the difference, I payed for shipping.

You're just not getting it. And now it's kinda funny.

I appreciate the offer but I don't trust you at all. You've been dishonest with me since my initial attempt to contact you and sending you the kit and then waiting for you to send me money just doesn't make sense. How again did you pay for shipping (since I paid $65 in shipping)?

Here's my offer to drop the case:

1) $464.99 refund.
2) I'll pay shipping back.
3) B/c I don't trust you as far as I can throw you and for good reason, a mediator holds both the "HKS" oil cooler kit and the refund until the unit's condition meets your approval. Perhaps scorp965 can help - I'll ask him. And if he requests payment we can split it. If it doesn't meet your approval, we'll just revert to the court date.

How does that sound?
 
I need photos from what I sesnt you, post them up so I can make sure its all there please mail the item back to me and send me a letter sating how the refund is to be sent to you.

my refund for this will be for the orginial purschase price $399 + you pay for the shipping. that is where I think I have been more effective in briddging the gap hear.

So do

1) take photos
2) post it up
3) mail the itmes back to me at once.

+1 that is it. and its final.

NSXOILCOOLER.jpg


as I have said so many times and have described to you here it is again.
 
The court date is supposed to be within 30 days from filing. So you may need to book a flight fairly quickly. If you need notice asap to get an affordable flight, let me know and I'll fax over the specific date when I get it. I do know that the matter will be heard in Room 112 at the Tulsa County Courthouse at 9AM.
 
Shawn, its time to put this behind us and send the oil cooler back and I will refund the full ammount you paid me.

if you dont trust me , just mail it back via ups or fed ex COD for $465.00.

as I have asked so many time send me back a photo of the oil cooler ad all of the parts that were included. dont need to drag this out in court for another year.

so that is the case 465.00 payable back to you.
 
So, now that you have set a date for the end of this month Im going to try again with this, I Need photos of the items, I want to make sure its all there and all of the lines Oil cooler and filter and HKS relocater, and the ducts.

I have come to your terms of for the ammount $465 that is requested back to you,

you ask you want to have a 3rd party involved and I wanted to give you that Options

1) Photos
2) Post it up so I can see what Im getting back
3) Box it up send it UPS Via Ground and with a COD of $465 +$12.95 ground shipping charge. = paid to the ups driver and its sent back to you asap !


ok so if you want to drag this out in court for another year and I will be either showing up my self and with also an automotive tec, and I will make my case. so if you want to drag this out ok, but you want to put this behind us then take my offer but as you have filed paper work already, I will battle , but you want to take this now ok lets do it. I have asked you repetedly to send me photos and you have not done so, so I wonder what has happend to this oil kit I sent you.

so ?
 
Karim,

- I've sent the photos of the oil cooler and emailed them to you last week. I told you that the oil cooler was being sent back to me from ScienceofSpeed (where my car is getting it's engine rebuilt), had some business travel, and that it would take a couple weeks. Again, I've told you this already.
- I also tried to call you last night, spoke to you briefly when I asked if Karim as available and you said Karim would call me back. I know that was you b/c of the voicemail message I made on a subsequent call last night and it was the same high pitched voice. Why not take my call and get this over and done with?
- I'll be getting a continuance on the court date for next month just in case and will dissolve the case once this gets settled.

So that you know, beyond a shadow of a doubt, that it's all there:
OilCooler1.JPG


OilCooler2.jpg


OilCooler3.jpg


OilCooler4.jpg


This is the original pic in the eBay auction:
4055ee446b5c.jpg
 
Still no resolution...court case delayed b/c Karim skips out on getting served by the local Encino sheriff.
 
Racer98 / Ponyboy dispute

As per mods request made, the facts



I hope to settle this as per a moderator's advice.



Since this wont seem to go away , I will attempt to explain this again, Since “the customer insist on holding on this and Rehashing, lets lay the facts as per the mods request;



Lets attempt to be straightforward “READ” MEN



1) I offered a part for sale



2) The customer accepted my offer (KNOWING FULLWELL WHAT WAS INCLUDED IN THE PRICE QUOTED)



3) The customer sent payment



4) Product was shipped in a timely manner.



5) "6months went by"



5A) YES! " 6months went by "



6) The customer contacted me again looking for another item



7) the offer was made to source the item I offered to get the customer one or find the customer one (INSTRUCTION MANUAL)



8) it became apparent that the item was no long available, the customer was informed



9) I offered to solve the problem by spending the customer to explain to him how to solve the problem how to install it.



“just for record customer purchased oil cooler from me which there was no manual included in the pursched and he knew it at the time , after 6 months he asked me for the manual , he asked me to find the manual , and I aggred try ,I quickly realized that no manual , install would be a part of result of fabrication and mechanical know-how



as an act of good will , I spent a considerable amount of time as well consulting others , and I attempted to convey my findings to the customer. I SERIOULYS don’t know what else to do since there is no manual .



10 ) Threats start coming



11) SLANDERIOUS THREADS ARE POSTED



12) Other satisfied customer speak in my defense



13) Customer threatens me with a lawsuit (small clams)



14) Lawsuit was filed and dismissed.



15) At the time .at any lawsuit, any where in the usa, instructions on to given and how service is to be perfected since the customers pattern to ignore common sense and court mandated instruction and the fact that the customer used UNITED PARCEL SERVICE instead of the US-Marshals is not surprising



16) CASE WAS DISMISSED!





17) Customer continue, continue, continue to prelist internet smear campaign including calling me a “rip off’ scammer in his Signature





in an attempt to as an informative and longstanding member of the NSX community I will now attempt one last time to the customer, and other who may have the same issue how to solve this problem.



,



I spent a considerable



It turns out the customer wanted something for nothing



The customer started this whole bash fest, instead of being straight forward , a lot of people have attests my business acumen I would have spent the time to help with the install of the oil cooler but you still wanted to keep the part and get a full refund



I offered to help and talk you thru the install process, this is how you are going to choose to respond this way and I’m sorry you are that incompetent



Why don’t you find some hard working mechanic and ask him to make you this oil line and oil cooler kit installed for free, and don’t be surprised if he says no , and let see you come back 6 months later with some frivolous malicious lawsuit , let



The board has already spoken about this. Lets go over this again, you contacted me on the oil cooler for the NSX,
 
Re: Truth deleted yet slander remains

Nice thread title! Here's what went down and can be verified with documentation. Since this is not a court of law, I'll provide that documentation if this thread goes any further (including the original eBay auction and email communications).

- Oil cooler was listed as a complete HKS "NSX GT LM" kit. Oil cooler was subsequently purchased by yours truly.

- Oil cooler was shipped quickly but not complete as advertised. Follow up correspondence via PM and email consisted of racer98 (Karim) promising to forward an install guide and suggestions of parts to make it complete (note acknowledging the kit was not complete).

- Much time passed and the correspondence with Karim still consisted of a promise to provide the install guide. Being ignorant of the PayPal schedule for contesting a purchase and believing Karim would honor his promise, I neglected to contest the purchase in the time allotted.

- More time passed and my further attempts to contact Karim were not returned. A phone call to Karim was answered by him saying that he was not here.

- Karim finally replies to my last communication saying that he wouldn't refund me my money for the incomplete kit and that "this isn't Walmart."

- A small claims lawsuit was initiated some time later. The local Sheriff that serves Encino and an independent process server (in addition to regular mailing) were hired to properly notice Karim of the court date.

- Original court date was rescheduled for a later date b/c proper notice wasn't served. It seems Karim skipped out on the process servers (wouldn't answer his door). The rescheduled court date was missed as what was considered proper notice could not be fulfilled.

- After spending $300+ in court costs, process servers, and everything else that's needed to get a thief into court from out of state I realized that it wasn't worth any more of my effort to go further in legal process and just chalk this up to a lesson learned. Note that the oil cooler was $400+shipping.

However, I do reserve the right to tell the community what happened to let them know what your business practices are like. Of all my years, in the NSX community, I've only had two bad buying experiences and Karim was one of them. Instead of just refunding my money, Karim chose to defraud the buyer for what was acknowledged to not be a complete kit. In fact, communication with HKS proved that HKS has never even made an "NSX GT LM" oil cooler kit.

I thought I bought a "complete" oil cooler kit specific to the NSX. What I got was a universal HKS kit that was not complete from a fraudulent seller.

You ripped me off plain and simple and I'm happy to warn the community about it.
 
Re: Truth deleted yet slander remains

I remember this thread and I remember seeing the ebay add.

I can say that the ebay add did say... "complete kit". It was not a complete kit. The SOS oil cooler kit IS a complete kit. You open the box and all you need is tools and labor. racer98's "kit" had all the major components but still needed fittings and such to be sourced to make it a "complete kit". It was not as advertised. That should have been the end of the story right there.

My $0.02
 
Last edited:
Re: Truth deleted yet slander remains

Round Two :rolleyes:
 
Re: Truth deleted yet slander remains

I remember this thread and I remember seeing the ebay add.

I can say that the ebay add did say... "complete kit". It was not a complete kit. The SOS oil cooler kit IS a complete kit. You open the box and all you need is tools and labor. racer98's "kit" had all the major components but still needed fittings and such to be sourced to make it a "complete kit". It was not as advertised. That should have been the end of the story right there.

My $0.02

I agree. I read the add also. "Complete Kit" means everything you need to install and have a functioning product. I will never even consider purchasing anything from Racer98 until I hear he has issued a full refund.
 
Re: Truth deleted yet slander remains

I think Racer98 Needs to go back to English 101. I can barely understand what this whole thing is about!! HA :rolleyes:
 
I remember this thread and I remember seeing the ebay add.

I can say that the ebay add did say... "complete kit". It was not a complete kit. The SOS oil cooler kit IS a complete kit. You open the box and all you need is tools and labor. racer98's "kit" had all the major components but still needed fittings and such to be sourced to make it a "complete kit". It was not as advertised. That should have been the end of the story right there.

My $0.02

I agree. I read the add also. "Complete Kit" means everything you need to install and have a functioning product. I will never even consider purchasing anything from Racer98 until I hear he has issued a full refund.

You have GOT TO BE kidding! Talk about shill posting! You two are going to sit there with a straight face and tell this entire board that you actually remember exact text form a two year old EBAY ad? Phulzzeeeee! Do me a favor and speak your own minds!

I have NEVER stated an untruth in one of my ads as I know how a lie can damage an online seller's reputation. I did not advertise a complete kit with manual. What this ad did offer was exactly what the buyer received and posted a picture of. He questioned me before he sent the funds and he knew full well what he was going to receive beforehand and again, if he (or anyone I do business with) had a legitimate gripe, I wouldn't expect half a year to go by before it's stated.

BTW, Herein lies a perfect example of what kind of character the buyer possesses. Two years ago, I acted in a forthright manner, provided what he knew he was buying and then, after all those months (and his initially voiced displeasure) tried to make it right by spending my own time and leveraging contacts in aid of resolving his installation dilemna. His response was to stomp his feet and file a frivolous lawsuit, out of proper Juris Diction while showing complete disregard for court instruction, hence, it's expected dismissal. And now, here he is, two years later in all his defeated and disgruntled glory, slandering me in his signature. If I was to act as this buyer has, I'd be filing a lawsuit of my own for malicious prosecution and slander, with the only difference being that mine would actually be with probable cause!! But, call it an olive branch if you must, instead of going through the motions and putting us both through an unnecessarily long, painful and expensive court proceeding, I would ask, one last time, for the buyer to stand up, be true to his word and remove the slanderous statement from his signature.

I really don't know how much more fairness I can muster for this guy!
 
You have GOT TO BE kidding! Talk about shill posting! You two are going to sit there with a straight face and tell this entire board that you actually remember exact text form a two year old EBAY ad? Phulzzeeeee! Do me a favor and speak your own minds!

You can put me down as number three who remembers this clearly. And for the record I have NEVER been accused of not speaking my own mind. If anything, the opposite but I digress.

I have NEVER stated an untruth in one of my ads as I know how a lie can damage an online seller's reputation. I did not advertise a complete kit with manual. What this ad did offer was exactly what the buyer received and posted a picture of. He questioned me before he sent the funds and he knew full well what he was going to receive beforehand and again, if he (or anyone I do business with) had a legitimate gripe, I wouldn't expect half a year to go by before it's stated.

BTW, Herein lies a perfect example of what kind of character the buyer possesses. Two years ago, I acted in a forthright manner, provided what he knew he was buying and then, after all those months (and his initially voiced displeasure) tried to make it right by spending my own time and leveraging contacts in aid of resolving his installation dilemna. His response was to stomp his feet and file a frivolous lawsuit, out of proper Juris Diction while showing complete disregard for court instruction, hence, it's expected dismissal. And now, here he is, two years later in all his defeated and disgruntled glory, slandering me in his signature. If I was to act as this buyer has, I'd be filing a lawsuit of my own for malicious prosecution and slander, with the only difference being that mine would actually be with probable cause!! But, call it an olive branch if you must, instead of going through the motions and putting us both through an unnecessarily long, painful and expensive court proceeding, I would ask, one last time, for the buyer to stand up, be true to his word and remove the slanderous statement from his signature.

I don't 'know' Ponyboy outside this forum, but I know the type. Someone who actually stands on principle is rare and to be commended in my book. Shawn, hope to buy you a beer one day.

Racer98, nothing personal but you just sold your principals for $400. Congrats. Nothing wrong with selling something that you don't understand, but you didn't say 'what you see is what I have'. You said 'complete kit'. Apparently not complete, and apparently not ever an HKS kit. Man up, do the right thing and learn a lesson here.

I really don't know how much more fairness I can muster for this guy!
You screwed up, you need to make it good. I don't really see where fairness comes into play.
 
Ah, Karim... it's been a while…

I never thought I'd hear or should I say "see" his name on this forum.
But I too, have an unfinished transaction with him from years back but unfortunately, I left the company before resolving it.
My memory isn’t quite as refreshed as ponyboy due to the fact that it happened years ago. I’ll have to go through my files (if I still have them) to refresh my memory.

But to make a long story short, I wanted to buy a car from Japan [for my company] so I paid half of the total price that we agreed to start the process. He promised a car in six months, but surprise, surprise, six months had passed and there was nothing. To add to that dilemma, he wanted to modify the final price to a higher amount to continue the transaction. I asked to stay with the price range (knowing of course of the selection of cars available in Japan at that time). A year passed, then a year and a half but still nothing. I don’t know what happened next but I was not there to follow up the car anymore.

Well, there’s my experience with him. I’m sure he has lots of satisfied customers but it tells you a lot about a person on how they deal with customers who were not satisfied. I too have been in the industry for years. I met with him to do business on a larger scale but he could not provide that service. I made a lot more contacts in Japan who are able to deliver better and faster results a few months after I handed him my deposit. If I was given the chance to do business with him again, I definitely would have to pass.
 
I hate to get in the middle of things, I have dealt with Karim for 3 years, never had a bad transaction as buyer or seller.

I looked at the original oil cooler in question when it came up for sale, it is complete, all the parts are there to cool oil(adapter, lines and a cooler). It was obvious to me it was not an NSX specific application and would require some mods to get it to work so I chose to pass on it.

I don't have much else to say. When I buy a used part, I personally accept the risk of it not being exactly what I want and I make it work...maybe I am unusual in that way.
 
...I would ask, one last time, for the buyer to stand up, be true to his word and remove the slanderous statement from his signature.

Couple things wrong with your statement (even more in your whole post but I don't have time for to get into it)

- It's not "slander" if it's true.
- Slander is oral. Libel is written. But neither make the defintion since neither are false.
- I never said I would remove it and therefore cannot be "true to my word."

I really don't know how much more fairness I can muster for this guy!

I have a great idea! How about refunding me the purchase price like you offered to do and then renegged on? You're not on a honorable high horse, Karim, but you can cut your losses.

I don't 'know' Ponyboy outside this forum, but I know the type. Someone who actually stands on principle is rare and to be commended in my book. Shawn, hope to buy you a beer one day.

Thanks Mark - I hope to take you up on that offer someday and return the offer as well. ;)
 
Ah, Karim... it's been a while…

I never thought I'd hear or should I say "see" his name on this forum.
But I too, have an unfinished transaction with him from years back but unfortunately, I left the company before resolving it.
My memory isn’t quite as refreshed as ponyboy due to the fact that it happened years ago. I’ll have to go through my files (if I still have them) to refresh my memory.

But to make a long story short, I wanted to buy a car from Japan [for my company] so I paid half of the total price that we agreed to start the process. He promised a car in six months, but surprise, surprise, six months had passed and there was nothing. To add to that dilemma, he wanted to modify the final price to a higher amount to continue the transaction. I asked to stay with the price range (knowing of course of the selection of cars available in Japan at that time). A year passed, then a year and a half but still nothing. I don’t know what happened next but I was not there to follow up the car anymore.

Well, there’s my experience with him. I’m sure he has lots of satisfied customers but it tells you a lot about a person on how they deal with customers who were not satisfied. I too have been in the industry for years. I met with him to do business on a larger scale but he could not provide that service. I made a lot more contacts in Japan who are able to deliver better and faster results a few months after I handed him my deposit. If I was given the chance to do business with him again, I definitely would have to pass.
Ahh yes, I remember you as well. Nice to see you, out from under your rock, promoting the buyer's slander with more negativity of your own. Word up....Don't conveniently forget all the details next time: like how you did not have the money to pay for the car after I sourced it, had it shipped and as it was arriving in Long Beach! Oddly enough, your response back then was to come on here and post a thread calling me out?!? I didn't, at that time, come on here and publicly embarrass you by calling you a deadbeat so I can't understand why you would risk me doing it now....You have left a trail of burned bridges in your wake (US CUSTOMS included) so I'd refrain from the stone throwing if I was you. If you could not afford it, you shouldn't have had me arrange for shipment! My bad for trusting you and your word I guess?

Is there some Ponyboy Shill network running in the background? Don't sell your memory short. EBay ad text seems to be longer lasting to those with poor business acumen it seems :rolleyes:

T-Dave, Thanks for the heads up! ;)
 
A point of view from someone with sales experience.

It sounds that both of you agree that the "HKS Oil Cooler Kit" is not complete. It could be made to work, but is not complete as it was sold.

Because of this, the seller should offer to refund a reasonable amount of the purchase price if the parts are returned in the same condition they were shipped. A reasonable amount may be the purchase price in full, or the purchase price minus shipping, and any fees. You should both probably chock this up as an experience.

My feeling is that the refunding the purchase price minus eBay and PayPal fees with Ponyboy returning the parts in the same condition and updating this thread that the issue has been addressed would be a fair resolution.
 
I hate to get in the middle of things, I have dealt with Karim for 3 years, never had a bad transaction as buyer or seller.

And I dealt with Dali Racing for 4 years before I had a bad transaction with him. And I've dealt with you previously as well.

I looked at the original oil cooler in question when it came up for sale, it is complete, all the parts are there to cool oil(adapter, lines and a cooler). It was obvious to me it was not an NSX specific application and would require some mods to get it to work so I chose to pass on it.

So is it complete or not complete? Doesn't it needing parts make it incomplete? As adveristed, it was supposed to be a "NSX LM GT" oil cooler kit and not a universal kit. What's wrong with expecting to receive what was advertised? Better yet, as a vendor yourself, would you advertise a product that was incomplete as complete?

I don't have much else to say. When I buy a used part, I personally accept the risk of it not being exactly what I want and I make it work...maybe I am unusual in that way.

Maybe you're right. On the other hand, when I buy a used part I expect the seller to send exactly what was advertised. I think that's the more logical expectation.
 
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