Shady Lane

Posted by mitcho (A) on January 30, 2011 at 08:29:44

Last January, (2010), I answered an ad on Audiogon for a Joule Electra LA150. The ad stated it was for a Joule Electra LA150, with a definite set of tubes. The tube set indicated it was a Joule Electra LA150 Mk ll and not just a Mk l. The Mk ll had a value of at least 800- 1200 more in value than a Mk l. I contacted the buyer confirming what tubes were in the preamp. The seller responded back indicating, yes in fact the tubes were as he stated. So based upon what tubes were in the preamp, it was a Mk ll. So I purchased the preamp.

I did so as the price he was selling the preamp for was a decent deal for a Mk ll. It was far more than what a Mk l would sell for. I used paypal, using a balance I had in my paypal account (big mistake). I should have not used the balance, but used my credit card instead.

When I received the preamp a few weeks later, I opened up the preamp and NO, the tubes in the preamp were NOT what he indicated. They were completely different tubes. They were the tubes for a Mk l. The seller misrepresented the tubes that were in there. I contacted Joule and confirmed it was a Mk l. I seriously overpaid for a Mk l preamp.

I contacted the seller and he told me too bad, I was an owner. He kept telling me I had got a good deal and I could sell it and easily make money on it. I told him I wanted my funds back and send the preamp back as he told me it had specific tubes in there and they were NOT in the preamp. (the difference between the Mk l and the Mk ll is the tube set). He told me it was his preamp, but after corresponding with him, I believe he was selling this preamp for a customer or friend and was paid a commission for the sale. Turns out he did not know what tubes were in there and went to the site and looked up LA150 Mk ll and took down the tubes that were listed as the tubes in that preamp and told me those were the tubes that were in there.

Since after a period of time I could see he would not willingly give my funds back, I attempted to get back my funds via paypal. They assessed the situation (I kept all emails from our transaction including where he confirmed what tubes were in the preamp (which were NOT)) and they found in my favour. However, since it was NOT completed on ebay, they could not assist. They ONLY refund outside ebay IF you do not receive an item. Since I received a preamp and not the preamp he quoted, they were not willing to assist. What a sham with paypal!

I then contacted audiogon and lodged a dispute. I forwarded the emails to audiogon and they found in my favour and instructed the seller to forward the funds to me and then send back the preamp to him. They agreed what I received was NOT what he advertised as the ad indicated a specific set of tubes which indicated it was a mk ll NOT a mk l. The seller contended since he did not have Mk ll in the ad, he did not misrepresent the item. He could not understand the tube set showed what model it was. After a month, he still had not paid me back and I got nowhere.

He told me he was short of funds and I could sell the preamp and make money. I told him, if I represented the preamp correctly, I would take a loss NOT a profit as the Mk l was worth substantially less than what I paid.

I contacted Joule and found out I could get the preamp upgraded to a Mk ll. I got the price and discussed with the seller the possibility of him paying for the upgrade. He kept telling me he was a real estate agent and had no funds since the market was terrible. We finally agreed he would give me roughly $300 towards the upgrade which was going to cost me substantially more. I contacted Audiogon and advised our settlement.

Well, he did not follow up on the agreement and I have yet to receive a $ from him. He wrote me 4 months later offering to pay me just over a $100 and call it even. I did not agree and told him he was not too reputable since he misrepresented the preamp, then agreed to pay me an amount and then does not pay. Then months later tried to decrease it less again. I told him if he did not pay me by the end of the year, I would start posting the details of the transaction. I wrote him at the beginning of Dec and reminded him and he showed too bad. He told me I would wait a long time before ever paying me. He could not afford to pay me.

So here I am detailing the transaction. His audiogon moniker was/ is
ernestov He goes by the same moniker on ebay.

As of today's date, I have not been paid one cent. He is still suspended from Audiogon. I sold the preamp and took a bath since I listed it with the correct tube set stated. What bugs me is that I felt sorry for the guy. Gave him a chance and reduced what he had to pay me. Was still going to take a loss upgrading the preamp to the preamp I had thought I had purchased in the first place and he gave me the finger. You can't tell me he could not pay me $300 in a year. Must be really bad for real estate if he can't do that.

His name, Ernesto Villalta. Sells real estate in California.

Edits: 01/30/11   01/30/11   01/30/11