Beware of this seller.  Below I will chronicle the horror that I have had dealing with him.  I will provide independently verifiable facts so that you can make your own mind up.  He will present accusations that are completely untrue.  For your own sake, please read this entire webpage and protect yourself.


On August 24, 2002 I won an auction that was for an X-Box,  8 Games (Halo-Combat Evolve, Max Payne, Silent Hill 2, Blood Wake, Project Gotham Racing, Wreckless, Ultimate Fighting Championship, Genma Onimusha)  (See screen shots from the actual EBAY auction.







Two days later, at 11:00 PM I receive a phone call from a Bryan Gata wondering why I hadn’t paid him yet.  I told him that my entire family was asleep including my two children who had school the next day and that I didn’t appreciate him calling at 11:00 at night.  I told him that I would pay him the next day via Pay Pal.  He began to berate me over the phone, at which time I told him again that I would pay him the next day.  As he continued to berate me, I told him good night and hung up the phone. 


The next day, as promised, I paid him through PayPal




For a long time he would not return emails.  The when he finally did, we exchanged some heated emails about how people should live up to their word.  Unfortunately, I did not think to save my responses until this began to look like I was not going to get my stuff so in the beginning I only have what he sent.  As we go along I got smart and started saving my responses so in the interest of fairness, I will include those as well.  Also in all fairness, I was could have been nicer in my emails.  I will state however, that I do not thing that I ever swore or called him a name.  I believe my harshest comments were that he was dishonorable and should be ashamed of himself.  These statements are mild in comparisons to many heated discussions these days, however, really not necessary, and I regret making them. 


To Mr. Gata’s credit, I also do not recall any profanity in his emails as well.


Below you will find the emails that I did retain in chronological order:


Finally on August 30, 2002 Mr. Gata responded to my request for information regarding when he was going to ship my X-Box.  His answer is below:



Monday came and went and I did not receive any notification that it shipped, so I sent him an email asking about the status.  The answer that I received is shown below:



Not liking his response I sent another email to him stating that he had promised to send the package on Monday.  I told him that I did not appreciate him breaking his promise.  This is also where I told him that he should be ashamed of himself.   His response is below:



I did not receive any emails that Mr. Gata referenced in the above message other than the one listed above.  He then followed up with the following message:



At this point I began to feel that he was going to be incredibly difficult to work with.  I attempted to make the conversation much more civil.  I waited patiently and then on that Friday, 9/6/2002 I sent him an email asking if he has sent the package.  His response is below:





Needless to say, I did not get the tracking number on Monday as promised.  I sent a couple of emails asking for it and finally got this response on September 15:



I began to see a bunch of negative feedback placed on Mr. Gata and got very concerned.  I emailed him telling him that the delays were making me very nervous.  I told him that I needed the box to be shipped, and I needed the tracking number.  His response is below:




Finally, I was getting somewhere.  I checked out the Fedex website and sure enough the package was on it’s way. 



I received the package on 9/20 but could not open it until 9/22 because of business and family obligations.  On 9/23 I sent him an email stating that the X-Box did not work, and that it was missing the Halo game.  The Halo Game Case was there but it included an additional copy of Project Gotham Racing.    His response is below:      




I told him that I needed the address to send it to.  I then mentioned that also included was an extra copy of Max Payne (without the case) and told him that I would send it back to him as well.  To which he responded:



I sent the package back to him.  I used UPS to track it.



I got no response from him so I sent an email to make sure that he received it.



He responded:



I responded to him:



I sent more emails asking about the status:



Finally I got this response:



This was immediately followed up with the following email:



I did not think it was wise to do as he requested.  ;-)  I told him that I would post feedback when I got my X-Box and Halo game.


I got no response.  I sent two more emails asking about the status of the X-Box and Games.  I still received no response.


Finally on Sunday,  November 9th, (knowing that I can only post feedback for 90days on Ebay) I sent him an email stating that if I did not get some sort of confirmation, like a tracking number, proving that he had sent the package I was going to have to post negative feedback on him.  I did not receive any response from him at all.  I waited all day Monday.  In fact, I waited until Tuesday morning and then I posted negative feedback.


Complaint : Auctn end Aug 24th. Paid in 3 days. X-Box DOA. Shp'd Back. Still Waiting 11/12


Then amazingly I received an email from him.



I sent him an email back saying that had he responded at all to me stating this and promising to send it on Tuesday, I would have held off on posting the feedback.


He has since posted negative feedback about me on EBAY stating:




Obviously, you can do the math for yourself.  Even if you count the days that I was unable to open the box, it was 3 days before I informed him that the box was DOA.  In all honesty, during those 3 days I was calling Microsoft to see if the box could be repaired under warranty so that I did not have to deal with Mr. Gata. 


Also, please note that I received the shipment on 9/20 and he received it back on 10/10.  Not hardly the two months that he claimed that I had it.


Mr Gata also responded to my complaint by saying




You will note, from the emails above, that I sent the items back to him after he agreed to repair or replace them.


It is currently November 13th 2002 and I still have not received a working X-Box or the Halo game that I purchased and he owes me.  Please keep checking back here for updates. 


Also, if you have had a similar experience with Mr. Gata please drop me a note.  If you have a documented chronology on a website I would be glad to link to it.