Gentlemen,
I apologise for this being off topic, however, I think it's relevant to the membership. I do not like to air dirty laundry in public, however, I feel a need to keep anyone else from getting burnt. I bought a used Winchester Model 70 Classic Super Grade in .30/06' from Phil Pomeroy Quality Firearms via Gunsamerica.com. His ad described the rifle as 98% of original condition. I received the rifle on 4/20/05 and noted normal nicks and scratches befitting a 98% rifle. There was, however, damage to the toe of the stock which had not been mentioned or shown in any of the nine digital photographs he sent. I also noted that the blueing had been ground away from inside the trigger guard. This looked like the removal of the bedded compound with a dremel tool. I bought the rifle largely because of the stock figure and had planned to have it rebarreled and bedded. The deal breaker was that the rifle had been do-it-yourself pillar bedded. I also noted that the rings and bases were not the Leupold models advertised. I e-mailed Mr. Pomeroy that afternoon explaining that the rifle was not what he had described OR what we had agreed to. I also mentioned the damage to the toe of the stock that was not mentioned in the ad OR shown in any of the nine digital pictures he forwarded. He choose to wait until the third day and my second e-mail to respond. He said the damage to the toe of the stock was "regrettable, but that happens with use." He said he "was not aware of the bedding job.", however, I had "disassembled the rifle without my(his) permission" and the "three day inspection ended" at that time. Hence he would "not accept "the return of this firearm."

I think the funniest part of his reply, if it were not soo pathetic, is that he "noticed the mounts and rings were not Leupold when packing the rifle, but didn't think it would be an issue. Besides, to some, "Leupold" has become a generic term for describing these parts." I thought that pretty much took the cake. There was evidently quite alot Mr. Pomeroy did not think would matter, however, to me it does.

I consider this to be a case of FRAUD...

Should any interested party have the desire I have copies of all of the e-mails and should have pictures of the rifle tomorrow afternoon. By all means FEEL FREE TO COPY AND POST THIS ON ANY OTHER FORUM YOU FREQUENT where it would be appropriate. I can only say the entire experience has been a disappointment. This marks the end of my buying weapons from unknown sources via the Internet. In all the years I've worked in this business I've never received a bad check or experienced a fraudulent transaction. Until now. Be certain of who you are sending your money to...

Regards, Matt Garrett
Chesapeake, Virginia
mattgarrett@earthlink.net
757-581-6270

His contact information:

Phil Pomeroy Quality Firearms
518 Shamrock Rd
Rexville NY 14877
(607) 356-3577
philny1@zoominternet.net
FFL # 6-16-101-01-5L-00472

I assume you also contacted GunsAmerica to complain?

Usually these places don’t want legal problems of any kind and would be glad to be on the look out for people doing shoddy business from their site. If they get enough complaints they can ban him from advertising.

If nothing else having your complaint on file might assist the next victim if he also complains to GunsAmerica about this guy.

"Condition" is hard to argue precisely, but obvious stock damage that is not pictured is grounds alone for refunding the purchase price, as are "unmentioned" bedding alterations. "Leupold" is hardly a generic term, and when a seller describes an artical as being "Leupold" the buyer should demand exactly that. It is disingenuous to declare that disassembling a gun to discover an alteration which is visible only upon disassembly voids one's right of return!

I once sold a gun to a gentleman in another state, who, upon taking the gun from the stock discovered a crack that I didn't know existed, since it had never occured to me to take the gun from the stock. He called me very perturbed, but I simply gave him the choice of returning the gun or stating what compensation it would take to make it right. He thought that $50 was sufficient, and I cheerfully sent him a check.

You may or may not be totally in the "right" about the gun's subjective condition; that's beside the point. The seller should return your full purchase price plus all of your shipping costs since the gun was, even if
inadvertantly, misrepresented.

Matt,
This guy is full of it
1: your NOTICE to him of intent is the time that the inspection ends, not when he chooses to acknowledge it

2: purposly mis-repentation is dishonerable

3: "leupold" rings are not a generic type... REDFIELD is a "type" ..

4: inspections conditions are NOT "disasemblely prohibited".. most are non-firing, all are binding.

If you bought this on GA, call GA, tell them the problem, and that you expect full shipping as well.

I had to send a gun back the other day... partly because the JB WELD holding the sling swivle on the rib's wasnt "mentioned"

jeffe

Matt, if you paid with Credit Card notify the card company-they may be able to assist.

If you did use a credit card, you're home free. They will refuse to pay the bill if you dispute the charge for good reason, which you have in spades.
Also, GA REQUIRES a 3 day inspection period on all guns sold. The seller agrees to this before being able to list a gun, and he cannot pick the conditions of the 3 day period, they are set by GA. Give them a shout and tell them of the problem.
This guy sounds like a jerk. Everyone makes a mistake, I did, and fixed the buyer up with a refund and $50 bonus to make things right. If you're honest, you'll do what it takes.