Complaint Review: Swings N More - Mike Coursey

My complaint is about item number: 4505560823
2003 suzuki Ozark 250 4 wheeler Bank Repo from seller swings_n_more (Mike Coursey)
Houston Texas.

His item summary/description and condition was that the Suzuki Ozark 250 4 wheeler bank repo ran great! He stated the battery was week, but it started right up and by pictures you could see it was muddy. He also claimed it performed like it should. And was ok.
He also adds that it is not new (2003) but in good used condition. The motor sounds good and the compression has been checked by local suzuki shop and said the compression was good. The only thing he could tell was that it might need adjusting the brakes on the back, they are not wore out, they need to be adjusted. Some plastic straps were taking place of the pins, the push guard on front has a bend in it, and the right plastic fender had a bend the size of a golfball and it needed to be pop out.

He excepted money orders or cashier's check. All sales as is unless otherwise stated on the description. Buyer is responsible for all shipping and arrangements, I will help if I can. He also wrote on the seller's payment instructions that he had used Forward Air and they ship to most major airports for around $150.00.

ON 11/24/04 The Seller added the following information: THIS ATV DOES COME WITH A ORIGINAL CERTIFICATE OF ORIGIN OR TITLE AND A BILL OF SALE. THANKS MIKE

So I bidded for what seemed an ok performing ATV and trusted all the information he wrote.

I wrote Mr. Coursey that night (11/28/04) and another email on 11/29/04. One was asking how to get it to Florida from there and the other one about the papers info and info on the ATV. But I got replied only to the shipping and nothing else.

He replied that he could get it to Miami for $243.00 and it needed to be crated up and he would do that for $50.00 and take it to the airport in Houston.

I explained to Mr. Coursey that this was the first time on E-Bay and the first purchase and I asked his advise on how to help me get it delivered since he offered if he could and never advised me of any other charges.

He also asked me to wire the money, but my husband and I refused. Instead, I overnight the money (1893.00) paid almost 38.00 dollars for a weekend delivery so Mr. Coursey would know how interested and honest we were about the purchase. (12/5/2004)

A week after, I called Mr. Coursey and he claimed that due to the weather he could not build the cradle so I waited until 12/17/04 and wrote him back. Not only I have asked him about the papers, and the ATV, I also asked him for the airbill number so I could track it that way I could rent a trailer to pick it up. He wrote me back that he had sent it and provided no airbill number so I had to phone him. He tells me that he paid $100.00 for a cradle because Forward Air did not allowed him to deliver an open cradle he built. And
he claims he bought a new battery.

12/20/04 I went to pick it up. Due to the measures given at the Forward Air company and having bad luck finding a trailer in the area, I asked the clerk after finding a 4x8 if I could take the ATV out to fit it in the trailer. To my surprise, the clerk said that inside the cradle there were just ATV parts. I told her that this was not my understanding and she replied that I would need to pay more if inside was a whole ATV.

Luckily, I think that Christmas week saved me from paying the extra. The following day after taking a good look at this machine, I took it to a motorcycle shop. Not only it needs a bad tune up, a new battery, sparkplug, back brakes to be rebuild, cables missing, shift pedal link broken and welded and loose, transmission area opened for some reason, dirty with hay/grass,mud/dirt even inside the battery compartment, black oil, almost empty, missing plastics around the motor, neutral light, brake, and reverse cables unplug and missing parts, under front right tire a metal piece bent obstructing, no shifting after first gear, accelerated, and universal joint also bad. The estimate of the tune up and rebuilding the back breaks was $410.75. They needed more time with it so I took it home instead as I was upset.

Is the above in good used condition? So I reported the above to the seller and also asked where the bill of sale was. To my new surprise, he kept it since he would charge me $100.00 more for a cradle he never advised me he would be buying at my expense. He has neither provided proof that he built one with receipts. He neither provided the receipt of the second cradle that supposedly cost him $100.00. Neither a receipt for the new battery he claim he bought. As the one that brought looks awfully old.

The machine had a pressure wash. It had dirt/mud, grass/hay even inside the gas tank so that had to be cleaned as well. An oil change was made, and many parts are being replaced as returning it would be at my expense per seller. He told me that he would resale for me while holding my money, original certificate of origin / title and the bill of sale, but never said he would repay ALL of it. (This I understand is NOT the policy of E-Bay either)

He also told me that I should have purchased a new one if I had the money. He said that I was not like him that buys old things and fix them without taking them to a shop. So I wonder now if he really took it to the Suzuki shop to check its compression as he claimed! We all honest buyers go by what the seller writes and the amazing nice looking pictures.

To me, a 2003 ATV is not expected to have major repairs or be in so bad shape. Who is going to guess that the shifter part could have broken and welded and so loose it doesn't shift gears as it should? He said it was. Now I have to replace the part because it doesn't shift as it should. If we leave it like that, it is going to be worse!

To end this ordeal, Mr. Coursey agreed that he would forget about the $100.00 dollars if I gave him a good feedback on E-Bay.

I told him that I was not interested of doing neither a good one or bad one. But if I had to, I would.
So he made one more of his requests. He asked for me to do the good feedback first and then he would send me the bill of sale.

I did not agree as important papers such as the original certificate of origin/title and bill of sale are not to be put on hold for such a request after the above ordeal! I told him that I was so tired I would let the attorney handle it, if he did not provide those.

So he sent me the email: Here is your bill of sale as agreed I am taking your word about the feedback and please don't threaten me with an attorney my company also has a few on retainer 7 days a week so please dont go there with me.

The attachment he sent me is a typed word document named bill of sale and signed by the computer with a different word font.

How original is this bill of sale? Where is the original certificate of origin that appears on the description of E-Bay as well?

Isn't he supposed to have this notarized if he wants to make it official?

So, I will write a negative feedback because I consider that he is a dishonest seller. I do not care if he leaves me a negative feedback because I have proof of everything I have written above. From the shipping receipt that claims it was ATV parts shipped and not a whole ATV to the last email he has written. So if E-Bay cares more about this type of sellers than honest buyers, be their lost!

I will cancel my account with them and Paypal because one experience is enough and I will buy what I want other ways. Nothing lasts forever and hopefully it won't be too late for E-Bay and its dishonest sellers like MIKE.

Sandra
Naples, Florida
U.S.A.