B.C. man ordered to pay hundreds after not delivering collectible Pokémon cards to buyers

A stack of Pokémon cards is seen in this undated image. (Shutterstock)

A man who sells collectible Pokémon cards has been ordered to pay more than $1,300 to two customers who say they didn't get the cards they paid hundreds of dollars for.

A Civil Resolution Tribunal decision posted online Wednesday said Andrew Younes and Jalilzadeh Khiabani submitted claims against Zachary Hall after purchasing cards from him last year.

The two men told the tribunal they paid for specific cards but either received sports cards or Pokémon cards that were worth no more than a few dollars instead.

Hall, however, tried to have the complaints dismissed, saying the allegations weren't true. He instead accused the men of "trying to make 'a quick few bucks,'" according to tribunal member Eric Regehr's decision.

'BEGINNING TO GET SUSPICIOUS'

Younes's transaction began with an initial sale in early May. Younes bought several cards from Hall and received what he ordered, Regehr wrote. The two used an intermediary to complete the transaction.

Weeks later, on June 8, Younes and Hall agreed to another sale. In this case, Younes paid $975 for six specific Pokémon cards and paid by e-transfer, rather than through an intermediary. Over the next several days, Younes asked Hall multiple times if the cards had been sent and, on June 15, Hall sent the package.

The tribunal heard that Younes was "beginning to get suspicious" at this time, after finding Facebook posts where it seemed as though Hall sold the same cards to other people. He also reportedly unsent some of his message history with Younes.

On June 21, the package arrived.

"By then Mr. Younes believed that Mr. Hall had scammed him, so he took a video of himself opening the box," Regehr wrote in his decision, with details on why he believed the video was genuine.

"The package included only a basketball card and a baseball card. There were no Pokémon cards at all."

Khiabani's transaction with Hall happened at about the same time. On June 13, Khiabani agreed to pay $260 for a valuable Pokémon card. Instead, when his package arrived, "there were several Pokémon cards that he says are worth 'a few cents or dollars each,'" Regehr's decision said.

Khiabani said when he tried to contact Hall, the seller didn't respond.

DEFENCE 'DIFFICULT TO FOLLOW'

In his decision, Regehr said Hall's responses were "difficult to follow" and didn't address the primary issue in the dispute.

"Much of Mr. Hall’s evidence is about past customers who have been happy with their purchase," Regehr wrote. "I find that this is irrelevant to whether Mr. Hall sent the right cards to the applicants for the purchases at issue in this dispute."

Hall told the tribunal Khiabani and Younes may have gotten the wrong cards because of a mix-up with the mail.

"He never explicitly says that he sent the right cards to either applicant, although he does describe their accusations as 'false,'" Regehr said.

"It is unclear, however, whether this denial is about their allegation that they received the wrong cards or their allegation that Mr. Hall is a "scammer.'"

Ultimately, Regehr determined Khiabani and Younes had proven their claims. Younes, in particular, had video evidence that he didn't receive what he paid for, which Regehr called a "smoking gun." While Khiabani didn't have a video, Regehr wrote the photo evidence likely shows what he received, adding that Hall's failure to respond to his messages was "telling."

Hall was ordered by the tribunal to pay Younes a total of $1,115.38, which covers damages and CRT-related fees. To Khiabani he was ordered to pay $260.88, nearly all of which was to cover damages.

"Mr. Hall’s failure to provide an explanation of what happened, or to explicitly deny the applicants’ allegations, suggests that he knows he sent the wrong cards, whether it was on purpose or not," Regehr wrote.