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> [SOLVED] zer0hour, REFUNDED 16/11/09

owikh84
post Jun 12 2009, 07:21 PM, updated 17y ago

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CASE SOLVED AS REFUND RECEIVED ON 16 NOV 2009 thumbup.gif


Forumer you are complaining against: zer0hour

Item being sold/bought: Apple iPhone 3G 8GB Maxis Set

Original thread link: http://forum.lowyat.net/index.php?showtopic=1043938

Date of transaction: RM100 deposit on 30 May 2009, RM1950 balance on 1 June 2009. Total: RM2050.

Details of the complaint :

1 June 2009
- full payment made.
- zer0hour couldn't send due to service at client site. delayed to the next day.

2 June 2009 - GDex pickup parcel at 5.15pm from his home, tracking code given

3 June 2009 - didn't receive parcel, tracking code no record.

4 June 2009
- still no parcel received, tracking code no record.
- called GDex customer service to double check, tracking code no record.
- contacted zer0hour to confirm the tracking code and it's correct.
- asked for a copy of GDex slip, sent me an unclear slip. okay promise me to email a scanned and clearer copy.

5 June 2009
- he called up GDex to complain, they request for a copy of pickup slip by fax. unfortunately no fax machine at client side
, delayed to the next week.

8 June 2009
- he faxed copy of pickup slip to GDex.
- GDex formed Service Investigation Team (SIT) to investigate the lost parcel and will revert within 3 working days.

11 June 2009
- GDex contacted zer0hour to ask the content in the lost parcel and request for purchase invoice
- the original invoice is attached in the lost parcel
- zer0hour promised to visit Maxis center the next day to request another copy of invoice.

12 June 2009 (Today)
- investigation still no outcome.
- still waiting latest response from ze0hour.
- zer0hour sent me pics of slip and Maxis invoice.
- couldn't recall GDex pickup code anyway...

15 June 2009
- zer0hour visited the Wisma MAA Gdex, and was unsuccessful. Stood there for half an hour while they checked, but in the end nothing.
- investigation is still proceeding, and will revert soon.

17 June 2009.
- zer0hour and I agreed to lodge police report, as the investigation doesn't really produce any positive output.
I've only been told that they couldn't find the parcel.

18 June 2009
- GDex insisted that there was no pickup made on 2nd and the slip is fake hence no postage was done that day as claimed by zer0hour
- GDex won't pay any compensate for the loss until zer0hour has a solid proof of that pickup.
- why did they reject blindly the slip?
- GDex claims that zer0hour only called them up to buy a box, no pickup.

21 June 2009
- zer0hour lodged police report against GDex and will convey this report to GDex.

11 July 2009
- owikh84 issues Consumer Tribunal, Cyber Crime Investigation Agency, and FOMCA against zer0hour.
- will fight in court soon.

13 Aug 2009
- Tribunal hearing postponed by zer0hour - can't attend in such a short notice

8 Sept 2009
- Tribunal hearing postponed by zer0hour - car accident

17 Sept 2009
- Last Tribunal hearing.
- owikh84 won the case & Tribunal will issue a refund notice within 14 days to zer0hour.

4 Nov 2009
- zer0hour claimed to hv send a cheque total RM2050 to me by Registered Post.
- Not receive until 16 Nov 2009 doh.gif

16 Nov 2009
- zer0hour refunded RM2050 to me via Maybank online.
- CASE SETTLED!!!! thumbup.gif thumbup.gif

This post has been edited by owikh84: Nov 16 2009, 08:08 PM
owikh84
post Jun 12 2009, 11:19 PM

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QUOTE(Terence573 @ Jun 12 2009, 11:16 PM)
@zer0

wow man tats triple time u encounter "Courier Crisis" counting from Sakura,me and owikh. shocking.gif

last time u sent my gtx295 no problem what? but this time the item lost?

need to provide some solid prove to convince ppl....

gud luck bro...hope this wasn't what it suppose to be ended like...hopefully.
*
Triple problematic postage deals.
That's why the terms "postage buyer bears cost and risk" is hard to apply in this case.
The way the iphone is packed is quite questionable here. Some pickup boys can smell the content if wrapping skill is not good.

This post has been edited by owikh84: Jun 12 2009, 11:23 PM
owikh84
post Jun 13 2009, 07:58 AM

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QUOTE(zer0hour @ Jun 13 2009, 05:05 AM)
Noted bro, thanks for the advice. Nearest to my place is probably Wisma MAA, I'll inform the case officer on Monday. And yeah, confirmed I will (and have) kick up a fuss..
*
Like I've told u last week, just proceed to the GDex center or HQ.
U faxed/called this and that couldn't really push them to work.
Now it's dragged to the 3rd week.
owikh84
post Jun 16 2009, 08:29 PM

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Update from zer0hour

15 June 2009
- zer0hour visited the Wisma MAA Gdex, and was unsuccessful. Stood there for half an hour while they checked, but in the end nothing.
- investigation is still proceeding, and will revert soon.
owikh84
post Jun 17 2009, 06:58 PM

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Update 17 June 2009.
zer0hour and I agreed to lodge police report, as the investigation doesn't really produce any positive output.
I've only been told that they couldn't find the parcel.
owikh84
post Jun 18 2009, 06:51 AM

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QUOTE(cstkl1 @ Jun 18 2009, 02:56 AM)
no offense owikh

but u must be the unluckist guy in lyn or malaysia
one mobo die, two gc die, one iphone 3g MIA.
*
2 mobos actually.
Now zer0hour seems to MIA from LYN; but still can be reached by hp.

P/S: yeah the bad luck has ruined my life lately. although my mandarin name is 'luckily'.
owikh84
post Jun 18 2009, 08:34 PM

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Update from me.
18 June 2009
- GDex insisted that there was no pickup made on 2nd and the slip is fake hence no postage was done that day as claimed by zer0hour
- GDex won't pay any compensate for the loss until zer0hour has a solid proof of that pickup.
- why did they reject blindly the slip? hmm.gif
owikh84
post Jun 18 2009, 09:08 PM

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QUOTE(owikh84 @ Jun 18 2009, 08:34 PM)
Update from me.
18 June 2009
- GDex insisted that there was no pickup made on 2nd and the slip is fake hence no postage was done that day as claimed by zer0hour
- GDex won't pay any compensate for the loss until zer0hour has a solid proof of that pickup.
- why did they reject blindly the slip?  hmm.gif
*
add this:
- GDex claims that zer0hour only called them up to buy a box, no pickup. hmm.gif
owikh84
post Jun 19 2009, 07:24 PM

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QUOTE(zer0hour @ Jun 19 2009, 03:31 PM)
Same like asamkipas stated lor. They came once without an airwaybill, so I sent the pickup guy back saying that I wouldn't send without it.

They came again a couple hours later with the waybill. Kinda dodgy la, no more pickups..
*
So when are u gonna lodge police report against GDex?
Since GDex said no pickup nor postage made no tracking record I think u should refund me first while u clearing up thing with GDex.
As a buyer I deserve to get refund if no postage done and I'd consider this is as a fraud case. What do u guys think?
owikh84
post Jun 19 2009, 09:15 PM

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QUOTE(asamkipas @ Jun 19 2009, 08:16 PM)
IMO in this case if zer0hour really did sent  but gdex has made a mistake,plus he need to refund you fully then this is a no win-win situation,coz?

first he(bro zer0) has lost his thing

and then he need to refund..so meaning that his loss is much more,and you(bro owikh) lose nothing apart from time and abit of money.

BUT

this rule applies only and only if what bro zer0hour is telling the truth.If it is not then only god knows which is best.As for now as long as bro ze0hour is still here..lets settle on how to bang Gde first,then we talk about the payment ya  rclxms.gif

dont get me wrong,i'm not biased to any side..just wana give my view
*
What seller lost much more? zer0hour lost his phone, that money he took came from me.
He lost a phone whereas I lost my money.
Huge loss for me bro. The report might show the real face of the real cheater...

QUOTE(Rogerfederer1 @ Jun 19 2009, 09:07 PM)
owikh84
sorry every1 for interupting
owikh84 i added u in msn
pls approve
i cant pm u cuz my pm limit reached d
sorry
*
While I'm on the way settling this issue, u msn me to offer an iPhone?! sweat.gif

This post has been edited by owikh84: Jun 21 2009, 08:05 AM
owikh84
post Jun 19 2009, 09:20 PM

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QUOTE(Mr Kong @ Jun 19 2009, 09:17 PM)
Hey so u r not interested?
what's wrong
this issue doesnt relate to anything i offer u also..
*
Pls keep this DISPUTE thread clean from any sale offering. doh.gif
owikh84
post Jun 21 2009, 08:42 PM

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QUOTE(zer0hour @ Jun 21 2009, 06:56 PM)
The police report has been lodged, and referred to KL Commercial Crimes Division.
I will personally convey the report to Gdex tmrw.

Owikh, a copy has been sent to your email address.

Ace, thanks for your offer of help =)
*
Received and read the report.
Awaiting for a phone call from police.
owikh84
post Jul 11 2009, 07:05 AM

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QUOTE(AceCombat @ Jul 10 2009, 10:29 PM)
any update regarding this issue?
*
I'm still getting nothing...
owikh84
post Jul 12 2009, 10:03 AM

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QUOTE(kingashin @ Jul 11 2009, 02:09 PM)
I think the consumer tribunal will help in this matter.

For seller, the Terms and condition impose by the seller if not commensurate with the appropriate law, it cannot be stand....in this case, we use contract law, The Malaysian Contract Act. The buyer pay seller the money is what we call a consideration which make the contract valid. The prove of postage the goods is not the settlement of the contract. If the buyer does not received the goods, the seller is breach of contract and full amount should be refund. The law is in awikh side. The seller cannot simply create their T&C and state as rule, no such thing if it contravene with any law enforced....

Awikh can file a claim in consumer tribunal which cost very little only against zerohour, sure get refund....

Same thing zerohour can file a claim too against GDex because he got a document as prove. If the GDex insist you just call to buy the box only, then ask them to show a call recorder as a prove....

Do business in a proper manner, create your rule mean nothing if you facing the real rule, the real rule is a law....
*
Yeah, an individual T&C cannot supersede Malaysian Contract Act.
This case can be easier if zer0hour refund me while he settle with police and against the courier.
It is about the responsibility of the zer0hour as a seller. He just think that the courier slip & police report are the tickets for him to get away from refunding me, and he's wrong. Those proofs are nothing for me as the tracking code is invalid until now.
When a buyer didn't receive parcel and seller provided an invalid code and courier claimed there was no pickup, buyer considers this as a con case. And zer0hour is not less than a conman.
By the way, a Consumer Tribunal has been lodged against zer0hour, together with Cyber Crime Investigation Agency, and FOMCA.
owikh84
post Jul 20 2009, 07:46 PM

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QUOTE(ZhaoYun @ Jul 20 2009, 10:05 AM)
One question, if you know his individual T&C does not comply to Malaysian Contract Act, why do you proceed with the transaction ?

You proceed with the transaction because you AGREE with his personal T&C and willing to take the risk, right ?
*
You know, when the tracking code is invalid & GDex denied that they do pickup at zer0hour's house.
What if I sold u one stuff and given u a fake tracking code which is not traceable. Would u accept it?
And I'm here to request zer0hour to refund me 1st while he's waiting for police to investigate.

QUOTE(AceCombat @ Jul 20 2009, 07:13 PM)
i think he understand about this.
the problem is....the tracking number is invalid, only those checked and verified number will become valid.
*
Yes, so clever gal.
owikh84
post Jul 20 2009, 11:14 PM

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I found another lost parcel case by zer0hour
LINK
I was wondering what had happened in the end... hmm.gif
owikh84
post Jul 20 2009, 11:53 PM

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QUOTE(Terence573 @ Jul 20 2009, 11:35 PM)
I've also followed the case...but didnt know it was still a "never ending story".
Maybe the TS could share?
*
That victim skipped my PM. doh.gif
owikh84
post Aug 10 2009, 08:54 PM

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QUOTE(AceCombat @ Aug 10 2009, 10:15 AM)
ya, it seems like never ending story rclxub.gif
*
Will settle in Consumer Tribunal on this Thursday in Georgetown.
owikh84
post Aug 13 2009, 09:17 AM

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QUOTE(gnsumas @ Aug 12 2009, 10:53 PM)
Not that I have been following this case, but if you look at arjuna's successful trade list, you can see that the deal with zer0hour was successful in the end (why else would he put it in his list?), despite it looking like one of the 'neverending disputes'.
*
I also wanna know what was happening at the end. hmm.gif
zer0hour called for postpone of hearings at Consumer Tribunal, till further notice.

owikh84
post Aug 16 2009, 04:22 PM

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QUOTE(ndgoh @ Aug 16 2009, 11:26 AM)
Would Gdex be one of the party in the hearing as well? I think Gdex is the CULPRIT!
*
Nope, that would happen if only zer0hour fight against GDex.

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