Trade in Stall Question & I have all the figs LONG STORY

[raisingkane]

I've been a loyal Bartertowner since 1996 and this is the first time that I've ever run into a stalled trade. I could use some suggestions here. I worked out a trade with a person who only had one successful trade reference. Due to the extremely low trade reference I asked him to ship his figs first. Upon receipt of the figs, I noticed that two of the units had their heads glued on upside down. I reached out to the person and told them. I also made a counter offer for the balance of his figs that were usable within my expectation. The counter offer was even up value for value.

The response from the trader was defensive stating that he never realized the heads were upside down. He said I could return the entire lot prior to me giving him a counter offer. He's since received my counter offers but is not responding.

Questions:
1) Safe to assume the guy is refusing to communicate now, SO my only option is to send all of his stuff back.
2) I do not feel that he was being honest about the heads upside down BUT thats a he said she said moment. Would you post a NEUTRAL trade reference?
Anytime that there's ever been a dispute, lost parts, any concerns Every trader here so far has worked out a mutual trade agreement. This guy is going dark and non responsive. Since I have my figs and his my best action probably is to send everything back but CYA myself w/ pictures?

I don't like to post negative trade references unless its deserved BUT I also don't feel this guy is working under Bartertown normal expectations.

Thanks
Brian

[MagickalMemories]

Here is what I would do if I was in your position.
I'd send him a PM. It'd title it "How to resolve this trade. Please, read."
In it, I would express my willingness to return his models to him and call the trade off. Further, I'd explain that, as the cancellation was due to fault on his part and none on my own, I will not be spending my own money to pay to ship back his mistake. When he sends me -via PayPal- the full cost of shipping (whatever it cost HIM to ship to YOU) sans fees (he pays them or sends via "Friends & Family), I will return his models to him. If he replies and refuses... tough sh*t for him. Bartertown rules state that it's HIS responsibility to know what he's sending and accurately describe it. His failure to notice the heads is not YOUR fault.
I would hold fast to that and not budge.
If, after a week, he has not replied, I would send ANOTHER PM. This PM would be titled, "I am keeping your models and mine. Thank you for the free miniatures."
The PM would start out with, "Now that I have your attention..." and would, then, be a copy and paste of the previous message.
That is the last thing I'd send him.

If I returned everything, I'd photograph each model/unit as I had it wrapped individually and as it sat in the box. I would take a pic of the box, fully packed but open, I would PM him the tracking number and I would hold onto it for 3 months.

When the models were delivered to him (per the USPS tracking), or 29 days after sending that last PM (if he didn't respond), I would file a negative reference (there's a 30 day limit to how long you can wait) with the details. I would also file a Deadbeat report on him and put the link to it IN the reference.

Eric

[raisingkane]

Eric,

I sent you a PM and thank you for your guidance. I will follow your steps outlined above. I have tried to be fair and open. He has went completely dark.

You raise the same concerns I have on shipping the figs back. Why should I pay for his lack of description/mistake. Also, if I ship the figs back and tracking whats to say he doesn't try to say parts are missing.

In addition to the heads being upside down another model is missing an arm. Which he also denies noticing. I want to leave a negative trade remark which I'm sure will result in one filed against me. I've been a good trader since 96' so I assume there would be a way to refute that. I've been keeping all my PM exchanges.

Thanks again for your help,
Brian

[3eland]

It is a banable offense to leave negative feedback in spite of receiving one of your own unless it can be proven that it is deserved.

Rule #11: ITL or Reference intimidation
ITL (AKA Reference) intimidation is a first-offense ban.

What qualifies as ITL intimidation?
In its most direct form, ITL intimidation is when someone says something like "If you give me a bad trader report, I'm gonna give you one."
Anything that is not so direct, like "If you don't give me a good trade report, you'll regret it" also may qualify.

Note that giving someone retaliatory feedback qualifies as well. No free hits.
If you are not sure, please contact either myself or one of the moderators. The equivalent level of evidence required for filing a bad trade report is necessary: emails with headers, PMs, and so forth. YOU ARE NOT REQUIRED TO LEAVE FEEDBACK. If you don't, you can't really complain when someone says "this guy's a jerk - he never left me any feedback!" Should you just forget and someone leaves you what you consider to be an unjust reference, please see the 30-day feedback appeal rule below. I would consider leaving an appropriate feedback for them in exchange for having your own feedback edited acceptable and not 'intimidation' per se. Everyone makes mistakes, and not everyone is abundantly patient.

[MagickalMemories]

As for him making claims about missing things... photographs. Lots and lots of them.
Video, even.
In this age of technology, there are a lot of tools at your disposal.
If you ensure to send EVERYTHING he sent you, including 100% of the packing material, and don't add or remove ANYTHING, the weight on your package will be the same as when you received it. He'll have no footing to stand on.

Eric