WatchUSeek Watch Forums banner

1 - 17 of 17 Posts

·
Registered
Joined
·
53 Posts
Discussion Starter #1 (Edited)
Dear fellow forumites,

BEWARE of user: Oyster Perpetual.

He had an ad where he was offering up a brand new Hamilton Khaki Automatic 38mm in trade for a larger Hamilton of similar style. I offered up my Khaki King in 85-90% condition overall, case in 90-92% condition. His pictures were blurry so I double checked that it was new. He affirmed and expressly stated that the watch was "brand new" and that it was worn "only once."

As his was brand new and mine was gently used, I sent him an additional $45 PayPal and paid to ship my watch as well.

I received the watch two days ago. The watch was in terrible condition, I would rate it at 55-60% CONSERVATIVELY. The watch was rebrushed and possibly polished on the bezel. However, all of the repairs were horribly done and terribly obvious. The brushing is nearly random and the case between the lugs is nearly ruined. There is also an irreparable set of dings on the case as well as a deep scratch on the case. I honestly do not know if he thought he could fool anyone with this watch.

For recourse, I wrote out a demand letter which I sent to him VIA USPS First Class Mail, E-mail, and WUS PM. I asked for the return of the watch as well as compensation for any of my costs. Alternatively, I asked for $175 as a compensation for the value difference, taking into account the $45 I had already paid him. He ignored this for two days so I filed a dispute with PayPal for the $45. I am also currently seeking legal counsel for further recourse.

He is currently trying to sell several other watches. DO NOT DO BUSINESS WITH THIS MAN.

As his contact information is public record, look him up or PM me if you want it. Also, PM me to see the entire e-mail exchange between myself, Christian Kim ([email protected]) and Nicholas Cecola ([email protected]). I am also willing to share the demand letter that I had sent him.

https://www.dropbox.com/sh/7itdqndfoor9hit/AAByADFnyvlmmaG4b0MWcch-a?dl=0

The above dropbox link is to the pictures of the scammer's watch immediately upon my receiving it. The watch in the above pictures was warranted and represented as brand new and worn only once. Notice the gunk in the teeth of the crown. Also notice the irregular brush repair. Also see the strange look of the polished bezel. Finally, note the condition of the case in between the lugs.

This watch was not brand new. Not even close. Oyster Perpetual - Nicholas A. Cecola materially misrepresented the good.

Also, PayPal could not help--according to PayPal's User Agreement, Split Payments do not qualify for their Buyer Protection program. This is a very important FYI for fellow WIS's who like to trade. Split Payments are defined as partial payment where the rest of the consideration for a deal is done outside of PayPal. Even a dollar bill on top over a bar counter would render the payment a Split Payment, releasing PayPal of any obligation or ability to protect the buyer. Perhaps this should be a sticky.
 
  • Like
Reactions: FaZe_Intervene

·
Registered
Joined
·
357 Posts
I will be asking the mods to remove this including my personal information or I will be pressing charges. You knew exactly what you were buying even recieved multiple detailed photos. I dont know what you are trying to pull. I will also point out paypal has closed your claim siding with me. Mods- please close this forum and possibly move to ban as I am sure this is against the rules. Thank you
 

·
Registered
Joined
·
53 Posts
Every single piece of communication is available.
Every single photograph is available.
All contact information is public record.
WUS is not liable for anything said or done within this thread.

Please, feel free to pursue legal action to remove or alter any information posted above.

By the way, in contract law, there are six elements to actionable fraudulent misrepresentation.

1. representation made by defendant
2. which was false
3. which when made was known to be false, or was made with reckless lack of knowledge
4. which was made with intention that plaintiff rely upon it
5. which was relied upon by the plaintiff
6. where the plaintiff suffered damages as a result

I will allow the moderators to review all information and make their own determinations as to what occurred here between us.

Also by the way, truth is an absolute defense to defamation, whether libel or slander.

As to why PayPal could not resolve the issue in my favor, please see a few posts up RE: Split Payment.
 
  • Like
Reactions: FaZe_Intervene

·
Registered
Joined
·
326 Posts
I will be asking the mods to remove this including my personal information or I will be pressing charges. You knew exactly what you were buying even recieved multiple detailed photos. I dont know what you are trying to pull. I will also point out paypal has closed your claim siding with me. Mods- please close this forum and possibly move to ban as I am sure this is against the rules. Thank you
You have clearly stated that your watch is like new. It is obviously not so, and have been very poorly refinished.
This would be a good time to make things right Sir.
That you've been outed for this, you can only blame yourself for.

Magura :)
 

·
WatchUSeek Administrator
Joined
·
38,398 Posts
We have rules regarding posting of private correspondence. Please follow our rules and we won't have to edit your posts and lock this thread.

Thanks,

Admin
 

·
Registered
Joined
·
53 Posts
Discussion Starter #6
Thank you for the edits and guidance to compliance.

Moderator, thoughts on the matter? Is fraudulent misrepresentation NOT against WUS rules?

WUS'ers, is it okay that this user be active? How could he have possibly tried to tell me this watch was brand new?
 
  • Like
Reactions: FaZe_Intervene

·
WatchUSeek Administrator
Joined
·
38,398 Posts
We don't take sides when both members have legitimate complaints and only ban scammers, spammers, trolls, and habitual rule-breakers. We encourage members to resolve their own disputes and then give them a venue to leave feedback when all else fails.
 

·
Registered
Joined
·
53 Posts
Discussion Starter #8
Could you please define 'scam' for purposes of banning a user?
 

·
Registered
Joined
·
53 Posts
Discussion Starter #9 (Edited by Moderator)
Screenshot_2015-07-31-16-46-48.jpg
Screenshot_2015-07-31-16-46-22.jpg
Screenshot_2015-07-31-16-44-51.jpg

Screenshot_2015-07-31-16-42-22.jpg
Screenshot_2015-07-31-16-41-54.jpg
Screenshot_2015-07-31-16-41-42.jpg

Screenshot_2015-07-31-16-40-32.jpg
Screenshot_2015-07-31-16-39-56.jpg


I was clearly told this watch was "brand new" and worn "only once." Please tell me I'm not crazy.

~~~PSA: Do NOT do business with Nicholas Nick Cecola: Oyster Perpetual.~~~
 

·
Registered
Joined
·
7,750 Posts
Wow that case and bezel looks horrible. Definitely not good sending a watch in that condition. Hopefully you guys can resolve this issue.
 

·
Registered
Joined
·
53 Posts
Discussion Starter #11
I'm being vigilantly ignored.

Fellow WIS support is helping to reassure me that this guy really is NOT the norm here on WUS.
 

·
Registered
Joined
·
53 Posts
Discussion Starter #13
My 90% ish Khaki King, I would've put her up around $250US. I couldn't sell the Khaki Auto 38 I got for any more than $150 if I wanna sleep at night.
 

·
Registered
Joined
·
53 Posts
Discussion Starter #15
Precisely. On the merits, there is no question I would prevail in any common law state barring a strange statute. I may even get attorney's fees. But at the end of the day, my time is worth too much for me to want to pursue it at the moment. At this point, I'm just concerned he's not being stopped from doing it again.

And this thread is what 'sour' looks like. I just hope people can find this when considering dealing with the guy.
 

·
Registered
Joined
·
3,518 Posts
There's no way that watch was worn once, unless "once" means "worn for three consecutive years on the wrist without ever being removed, including being worn while chopping wood, cutting drywall, base jumping, cage fighting, and bear wrestling."
 

·
Registered
Joined
·
53 Posts
Discussion Starter #17
yeah, I'm still confused how both of us are considered to have legitimate issues. wasn't this a scam?

at any rate, mods have been very diplomatic and diligent in maintaining a professional stance here and I do appreciate that.
 
1 - 17 of 17 Posts
Top