So to make a very long story short, I purchased a "new" R700SA build, blueprinted, 8/40 base screws, proof SS barrel, oversized recoil lug, and cerakoted. Rifle was received and placed in the safe for future assembly once the rest of the gear was acquired. It sat there for approx 8 months (I know a long time, but the issues below have no reflection on how long it sat there) once the rifle was assembled it was found to had a off center recoil lug, and a oblong scope base hole.
Northwest Precision Custom Rifles (the seller) was contacted, and he initiated the offer for me to return the rifle for a refund that would be issued upon receipt of the rifle. Rifle was to his door within a week and now everything has gone to shit. He basically says I get my money back when I get it back. My most recent email to him:
Earl,
I have never threatened you. Ive simply been a reasonable person, and remained diligent on following up. Since I contacted you on February 19th, you replied the dame day saying that: "Anyway, I am very sorry for your trouble, and would be very happy, to give you your money back" which I replied that I would like to take you up on that and send it back to you. Your next response was, and I quote: "As soon as I receive it, I will send you a money order".
That was on FEBRUARY 19th.
The rifle was to your door on FEBRUARY 22nd.
It is now May 7th. That means you have had the rifle in your possession for 74 days. That's over two and a half months. I was told to return the rifle for an immediate refund. You have failed to follow through with your promise.
Continuing to follow up on a refund that was owed to me for 74 days is not "rushing you". I have a busy life and work in excess of 60 hours a week yet I have the time to handle my business.
Follow through on your end of the agreement. That's all im asking. I have been MORE than patient."
The "threatened" part he is suggesting is me leaving him a voicemail saying I need the rifle or my money back by the end of the week.
His reply:
"Keep pushing me, and it will be another 74 days......... smart ass!!"
Sooooo
where do I go from here? Call PD in his area and report the rifle stolen?
the rifle/barreled action was about $980 and I just want my money back...
**Update 5/12 and clarification**
sent a final email, next is a certified demand letter:
Earl,
This will be my last attempt to email you requesting that you follow through with the agreement we made to return the rifle for an immediate refund. If I have not received the rifle or a postal money order for the total of $981 in the next 14 days I will be perusing the refund by any legal means necessary.
I'm sorry it has come to this but I have given you ample time to handle this on your own.
Please send the rifle or a Postal Money Order to:
(my contact info here to make sure there is no question he knows where to send it)
The first reply I received from them was a email replying and confirming that he was the actual builder:
"First off, thank you for your interest in this rifle. Please send me FFL info,so I can call to see what is involved in shipping to California. I built this rifle. I am Northwest Precision Rifles. You may pay by options,under "PAYMENT OPTIONS" in my listing, of this rifle."
*Update 5/21*
email response I received after sending the email requesting my rifle back or a refund within 14 days
DO NOT THREATEN ME ANY MORE!!!!!! You had my rifle for how many months? There was nothing wrong with it when I sent it to you, yet you kept it for ever! If the problems were so obvious, what took you so long to return it? You have NO legal grounds in this matter AT ALL!!! YOU do not dictate, my time, or time frame sir. I suggest, you go ahead, and waste as much money as you like, in legal fees. That would be a real dumb ass thing to do, but I have learned in dealing with you, it's very clear, you accept NO responsibility for any of this! All you care about, or think about, is yourself! DO NOT EMAIL ME AGAIN!!!!!!!!!!!!!!! I am currently working on this project, making sure, at my own time, and expense, that you have not damaged this rifle in any way. When I have concluded, all is ok with this rifle, I will gladly, send your money! All you have to do, is look at my feedback on Gunbroker, and Ebay,all 100 % positive feedback! I am not in the business of ripping people off. YOU, just didn't handle any of this correctly, on your end, PERIOD! I WILL NOT RESPOND TO ANY MORE OF YOUR EMAILS!!! GOT IT?!?!
*Update 9/7*
Earl has been served with small claims papers. He has 20 days to settle or respond before there is a default judgement in my favor. I have not contacted him since our last email exchange. We will see what his response is and if I will be making a trip to Idaho for a trial. I feel very confident in my case and have the original listing and all of the emails I feel are proving his guilt, but I've never had to do anything like this before so we will see what happens. Hopefully he comes to his senses and I get a refund and can be done with this.
**UPDATE 10/16***
I have now officially had Idaho Small Claims rule in my favor with a judgement of $1063 for the cost of the BA and all of the Court fees... now it’s time to see how I can collect!
Northwest Precision Custom Rifles (the seller) was contacted, and he initiated the offer for me to return the rifle for a refund that would be issued upon receipt of the rifle. Rifle was to his door within a week and now everything has gone to shit. He basically says I get my money back when I get it back. My most recent email to him:
Earl,
I have never threatened you. Ive simply been a reasonable person, and remained diligent on following up. Since I contacted you on February 19th, you replied the dame day saying that: "Anyway, I am very sorry for your trouble, and would be very happy, to give you your money back" which I replied that I would like to take you up on that and send it back to you. Your next response was, and I quote: "As soon as I receive it, I will send you a money order".
That was on FEBRUARY 19th.
The rifle was to your door on FEBRUARY 22nd.
It is now May 7th. That means you have had the rifle in your possession for 74 days. That's over two and a half months. I was told to return the rifle for an immediate refund. You have failed to follow through with your promise.
Continuing to follow up on a refund that was owed to me for 74 days is not "rushing you". I have a busy life and work in excess of 60 hours a week yet I have the time to handle my business.
Follow through on your end of the agreement. That's all im asking. I have been MORE than patient."
The "threatened" part he is suggesting is me leaving him a voicemail saying I need the rifle or my money back by the end of the week.
His reply:
"Keep pushing me, and it will be another 74 days......... smart ass!!"
Sooooo
where do I go from here? Call PD in his area and report the rifle stolen?
the rifle/barreled action was about $980 and I just want my money back...
**Update 5/12 and clarification**
sent a final email, next is a certified demand letter:
Earl,
This will be my last attempt to email you requesting that you follow through with the agreement we made to return the rifle for an immediate refund. If I have not received the rifle or a postal money order for the total of $981 in the next 14 days I will be perusing the refund by any legal means necessary.
I'm sorry it has come to this but I have given you ample time to handle this on your own.
Please send the rifle or a Postal Money Order to:
(my contact info here to make sure there is no question he knows where to send it)
The first reply I received from them was a email replying and confirming that he was the actual builder:
"First off, thank you for your interest in this rifle. Please send me FFL info,so I can call to see what is involved in shipping to California. I built this rifle. I am Northwest Precision Rifles. You may pay by options,under "PAYMENT OPTIONS" in my listing, of this rifle."
*Update 5/21*
email response I received after sending the email requesting my rifle back or a refund within 14 days
DO NOT THREATEN ME ANY MORE!!!!!! You had my rifle for how many months? There was nothing wrong with it when I sent it to you, yet you kept it for ever! If the problems were so obvious, what took you so long to return it? You have NO legal grounds in this matter AT ALL!!! YOU do not dictate, my time, or time frame sir. I suggest, you go ahead, and waste as much money as you like, in legal fees. That would be a real dumb ass thing to do, but I have learned in dealing with you, it's very clear, you accept NO responsibility for any of this! All you care about, or think about, is yourself! DO NOT EMAIL ME AGAIN!!!!!!!!!!!!!!! I am currently working on this project, making sure, at my own time, and expense, that you have not damaged this rifle in any way. When I have concluded, all is ok with this rifle, I will gladly, send your money! All you have to do, is look at my feedback on Gunbroker, and Ebay,all 100 % positive feedback! I am not in the business of ripping people off. YOU, just didn't handle any of this correctly, on your end, PERIOD! I WILL NOT RESPOND TO ANY MORE OF YOUR EMAILS!!! GOT IT?!?!
*Update 9/7*
Earl has been served with small claims papers. He has 20 days to settle or respond before there is a default judgement in my favor. I have not contacted him since our last email exchange. We will see what his response is and if I will be making a trip to Idaho for a trial. I feel very confident in my case and have the original listing and all of the emails I feel are proving his guilt, but I've never had to do anything like this before so we will see what happens. Hopefully he comes to his senses and I get a refund and can be done with this.
**UPDATE 10/16***
I have now officially had Idaho Small Claims rule in my favor with a judgement of $1063 for the cost of the BA and all of the Court fees... now it’s time to see how I can collect!
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