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

zer0hour
post Jun 12 2009, 10:33 PM

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QUOTE(owikh84 @ Jun 12 2009, 07:21 PM)
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...
*
Edited, I agree with owikh's timeline.
It would be great if anyone working with Gdex/has contacts in Gdex can provide assistance, otherwise I have no choice but to await the investigation outcome.

owikh, my update for June 12.
Another Gdex officer by name Kahila contacted me. The scans were sent to her, and investigation is still pending. She can be reached at 03-77872222 extension 2404.


Added on June 12, 2009, 10:40 pm
QUOTE(kikokiko @ Jun 12 2009, 08:11 PM)
dun ever sent Hand phones or valueable item thru courier company be it big or small..H/P are easy to be detected by ''old timers'' working there.I doubt zer0hour able to get compensation back for the lost h/p. sad.gif

zer0hour should call GDEX office which he requested for the pick up and ask which driver took the pick up..from the scenario u wrote,the item being ''sapu'' by the driver oledi..Investigation no need so long,they are just buying time only
*
kikokiko, the pickup request was made via Gdex's pickup hotline, 03-77876688, so I have no idea which office they're from.

This post has been edited by zer0hour: Jun 12 2009, 10:45 PM
zer0hour
post Jun 12 2009, 10:56 PM

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QUOTE(aspire2oo6 @ Jun 12 2009, 10:54 PM)
no matter what TS made payment if the item does not reach buyer. Everything is bare by seller except if stated clear in terms and condition
*
It is stated clearly in all my threads, postage buyer bears cost and risk.

This post has been edited by zer0hour: Jun 12 2009, 10:58 PM
zer0hour
post Jun 12 2009, 11:45 PM

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QUOTE(a13solut3 @ Jun 12 2009, 11:13 PM)
Then just try your best to help buyer to find where's the item gone. Good luck guys smile.gif All the best to both seller and buyer!
*
Yeah bro, I am trying my best. Thanks for the wellwishes anyways =)

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.
*
I know, it's shocking to me too. You and sakura finally received the item though.

And I changed courier+packing method d, thought it would be fine.

As for proof, all documentation has been provided to owikh d lor.

QUOTE(owikh84 @ Jun 12 2009, 11:19 PM)
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.
*
We've discussed this kh, the Iphone's box was placed in another box, and that box was couriered. I stand by the packing method.
And as for the other 2, yeah, I admit, there were issues, but the deals were completed.

I feel I already took all reasonable precautions by changing courier+packing method.
zer0hour
post Jun 12 2009, 11:51 PM

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QUOTE(sakurakinomoto @ Jun 12 2009, 11:47 PM)
By any chance, can you refund my RM20 postage fee? since we COD =D

In need of money so RM20 is quite a big amount for me.

notworthy.gif
*
Err bro, kinda offtopic. Though sure, that's fine. PM me your bank acc info?

This post has been edited by zer0hour: Jun 13 2009, 04:55 AM
zer0hour
post Jun 13 2009, 05:05 AM

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QUOTE(suicideroach @ Jun 13 2009, 02:16 AM)
i heard of a story before, about a postmen using some kind of metal detector that can detect the battery in the laptops and even in the phones. So i guess thats how they know what inside the package.. try to post the phone and the battery separately next time, maybe can prevent such cases.  icon_rolleyes.gif  dunno it will work or not, tongue.gif
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QUOTE(a13solut3 @ Jun 13 2009, 02:55 AM)
I think what you mean is that the battery have electronic boards inside, they can detect the signal from outer using some detector. That is real story though, that's why the only way to totally avoid the detection is to crash everything apart. But gods know how this professional could sniff them out. Curse those bloody greedytard.
*
QUOTE(Terence573 @ Jun 13 2009, 03:46 AM)
woah....if gpu can detect kar?

last time zer0 also sent using gdex. if it can sniff out then my gtx295 is a goner.
*
Hmm guys, I just did some research, and apparently the Sun reported on a gang of laptop thieves using an induction amplifier to detect laptops in car boots.
I'm kinda skeptical, but here's a pic of the headline.

Attached Image

QUOTE(kikokiko @ Jun 13 2009, 02:17 AM)
bro zer0hour,

check with ur nearest GDEX ofis...example if u are in ipoh,find the ofis near to ipoh..they all have branches in towns and service center in more rural are..u can go GDEX website n look for the nearest GDEX ofis near ur place..like i said ur hope of getting a refund is 0..they will ask wat item isit..if u say is hp than most probaly they wont compensate u at all max max oso 300 or less if they do..

my suggestion to u is kick a fuss up..the tracking number given to u i believe will be issued to a specific driver.ask the ofis to find the driver.because he made the pick up from ur place and high chance he took it..tat y dun ever send valueable items tru courier..thier old timers nose is like a dog..good in sniffing valueable items out..
*
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..

This post has been edited by zer0hour: Jun 13 2009, 05:06 AM
zer0hour
post Jun 18 2009, 04:24 PM

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I'm here liao. Client site internet was spotty for a couple days, so I didn't come online.

Another update:
Gdex is contesting the slip and the pickup, so owikh and I are in discussions on what comes next.
zer0hour
post Jun 18 2009, 09:12 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
*
I was told this by Gdex too. In any case, like I said earlier I stand by the slip as evidence.
In this case I have no choice but to make a police report, and let them sort it out.


Added on June 18, 2009, 9:13 pm
QUOTE(owikh84 @ Jun 18 2009, 09:08 PM)
add this:
- GDex claims that zer0hour only called them up to buy a box, no pickup.  hmm.gif
*
Ok they didn't tell me this. I didn't call for a box, I had it from a previous visit to a Gdex.
Noted, shall include in the report.

This post has been edited by zer0hour: Jun 18 2009, 09:15 PM
zer0hour
post Jun 19 2009, 03:31 PM

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QUOTE(Terence573 @ Jun 19 2009, 12:09 PM)
during my last deal they ( gdex ) forgot to take the airway bill... isnt tat right zer0hour?
*
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..
zer0hour
post Jun 19 2009, 10:35 PM

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QUOTE(owikh84 @ Jun 19 2009, 07:24 PM)
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?
*
I'm going this weekend, as we agreed previously.

As for refund, as we discussed too, I feel my terms hold here, as the item was conveyed to courier.
Like you stated in your 9.15pm post, 'the report might show the real face of the real cheater', exactly. I'm the party who was wronged by the courier too, and I have no fear of an investigation. I encourage one.

Now coming to the sales posts (which seem to have been deleted):
Pls la guys, don't you think it's very inappriopriate and rude to perform sales here? Have some sense of decorum please.
zer0hour
post Jun 21 2009, 06:56 PM

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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 =)
zer0hour
post Jul 3 2009, 06:33 PM

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QUOTE(jiaxun @ Jun 29 2009, 07:53 PM)
In this case, buyer has the right to claim back the money.
Although the T&C stated buyer bear all the cost and risk of postage, BUT that's only AFTER seller SUCCESSFULLY pass the item in one piece to courier company WITH proof.

In this case, seller failed to prove so because the record is not found in the courier system & it's still the problem between courier company and seller. Until the day that it's proven that courier company has received the item, seller is still considered not yet post out the item.
Therefore, buyer still has the right to claim back the money.

If there's a case where the seller already pass the item to courier successfully (with prove & tracking in their system) but never reach buyer, only then this case is called POSTAGE RISK BEAR BY BUYER.

It's just my personal opinion.
WHAT IF... I mean WHAT IF(don't flame me) the seller didn't post out the item?
Then the seller will earn the amount of money that the item worth.

Actually by refunding, seller only lost the phone while buyer lost nothing.
If no refund, seller lost nothing (as the payment is already made) and buyer lost a phone.


Added on June 29, 2009, 8:01 pmNote: I'm a seller myself and by stating the point above won't benefit me. So please be open minded to accept my opinion
*
jiaxun,
I agree with your views. My T&C holds after the item is conveyed to the courier. Thing is, I do have proof, the slip.
That's why my opinion is that my T&C holds.

Now if Gdex is disputing the slip, that is a matter for the police to investigate, which is precisely what I have done.
All documents have been provided and an investigation is ongoing.


QUOTE(ndgoh @ Jun 30 2009, 10:27 PM)
This thing is under POLICE investigation already... Its SERIOUS! Without proof, do you think seller go police station and make a report? Will you go without proof?

Its very bad these things have to happen to reliable Seller/buyer. I dealt with both of them before...

If anyone want to help... please tell how to help... trying to say whose right whose wrong here WON'T HELP!

I dont know whether Consumer Association of Penang (CAP) can help? Tell them Gdex is taking its customer for a fool and ask for a FULL transparent investigation...
*
The police interrogated me for 1hr+ during the process of taking my statement, and not the usual constables in uniform ya.
Commercial crimes come under the purview of an inspector. No way would I have gone through that without proof..

Owikh, appreciate your attention to my request over the phone ya. Thanks.

This post has been edited by zer0hour: Jul 3 2009, 06:36 PM
zer0hour
post Jul 4 2009, 02:58 PM

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QUOTE(Karenalvin @ Jul 4 2009, 01:59 PM)
Great Goldfries, I wasn't too sure zerohour's contact shld be displayed too, but i was surprised zerohour din asked to have it taken down, anyway, seems like both parties are victims.
best of luck...
*
I did request for the info to be removed, and at first owikh agreed. However then he delayed removing the info and now does not reply my messages.

zer0hour
post Jul 12 2009, 07:25 PM

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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....
*
Noted your views.

My views are the buyer agreed to the terms by his act of purchase, and is bound by them as part of the contract. My responsibility ends with successful conveyance of the item to the courier.

In any case, I am no legal expert, and since owikh has decided to proceed to tribunal, they will decide.

Thanks for your info about filing against Gdex, I will indeed do so.
zer0hour
post Jul 20 2009, 09:50 PM

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QUOTE(Terence573 @ Jul 20 2009, 08:24 PM)
sorry to hear the courier and police had less efficiency dealing with this case.Which dragged quite long already.

Welll just speaking out the truth honestly.

My last deal with zer0hour..I still can trace the item...not so detail tats it.But alas it arrived safely.
But at 1st he use poslaju to send my item.Faced the same problem also : Tracking Invalid.
Failed due to item not sent at Pos Office according to him.

What surprise me is the tracking is the same as his last deal with sakurakinomoto.
sakurakinomoto's item also having shipping problem and at last changed to COD method during the deal.
It happened when I pm'ed sakura and he gave me the tracking and surprisingly its the same as my current one.
So this tracking's existance was in question.
And I dunno if poslaju have a "recycle tracking" policy or not.Do they?

Well tats my side of story as his last buyer.I leave the question to u all.

Just wanted to know the truth tats all. whistling.gif
*
The details escape me now, it's been some time. My apologies though for any inconvenience to you Terence.
However the deal was completed right? You received the item? I did everything in my power to ensure the item arrived and to your satisfaction?

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.
*
QUOTE(owikh84 @ Jul 20 2009, 07:46 PM)
Yes, so clever gal.
*
Noted above owikh's agreement to my T&C.

Now, coming to the matter of the number being invalid.

I sent the item. I have documentary proof, and will contest it in any court/tribunal etc.
I'm sorry if any of you are unconvinced, I have no more proof to offer you. But I know what I did, I sent the item, and I will therefore contest against any and all accusations.
zer0hour
post Jul 21 2009, 10:57 AM

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Poslaju investigated and found the item was taken by internal staff. Last info i had was that arjuna was meeting with their supervisor.
zer0hour
post Jul 28 2009, 06:58 PM

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Sigh same comments, my previous replies apply.
Guys, you think I'm not aware that 3 cases looks bad? Would I be so stupid to try and pull something?

And in fact terence and the other buyer did receive their item. After those 2 I changed courier and packing method, to be confronted by this.

In any case, I have received the NCCC complaint, will reply accordingly.
zer0hour
post Aug 13 2009, 11:06 AM

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Yeah the hearing notification came very late, and i was unable to make arrangements to travel to penang on such short notice. According to the woman i spoke to on the phone, next hearing will be in late aug or early sept.
zer0hour
post Aug 16 2009, 01:28 PM

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QUOTE(lee82gx @ Aug 16 2009, 12:45 PM)
I have bad experience with GDex. Took 3 days to deliver.
Never had missing items with Poslaju before, highest value shipped was RM2000. Of course, handphones are very very high temptation for courier handlers.

For high value items its always best to insure it. Doesn't cost that much (relatively).

Just want to state that i did a deal with zer0hour before and although he claimed my item was spoilt in shipping, he returned to me successfully.
*
To clarify, I was the buyer. I received a DOA graphics card (An ATI X1x00 series,can't remember which exactly now), which I returned to lee.

All in all lee was a gentleman about it.

This post has been edited by zer0hour: Aug 16 2009, 02:10 PM
zer0hour
post Oct 6 2009, 03:36 PM

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I'm back.

As previously stated, I was in an accident, and was away for some time. Today is the first time I have had any updates at all, so this is new to me.

Owikh:
1. I have not received any mail from the tribunal since I requested for a postponement due to the accident.
2. If as you say they rescheduled the hearing (without my knowledge) and judged in your favor (due to my absence) is there a written judgment? If there is, I have not received it. It's only fair that I be sent the black and white.
3. If there is a written judgment, I will either refund or seek judicial review as necessary, depending on reasons spelled out in the written judgment.
4. I'm not a 'non-negotiable person'. If the findings are that I was contractually liable for safe delivery to you, and not just to the courier, then I will refund you.
zer0hour
post Oct 6 2009, 10:13 PM

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QUOTE(owikh84 @ Oct 6 2009, 08:45 PM)
Pls check your yahoo mail bro.
Attached here is a copy of the declaration from Tribunal.
But I will also request Tribunal to send you a  hard copy as if required.
You may contact them at 03-78777009 & the ref. no. is TTPM-P-(B)-241-2009.
[attachmentid=1235149]
*
Bro thanks for the info, I've replied your PM as well. I've seriously received zero documents since the 2nd adjournment, none via email as well.
As for the hard copy, yes, I do feel I need it. A binding court order should be signed and stamped by the presiding authority no?
Also there's the issue of informal vs formal channels, this is an informal channel, binding orders must come via formal channels..

In the meantime, as this is a civil case and we are working through the legal system, will you do me the courtesy of removing my personal information?
You have my contact info, hp no etc in any case should you need to reach me.

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