J
John24
Guest
Oregon
Here's the deal. I bought a set of oxy-acetelyne tanks from him over a month ago and paid within a matter of minutes by paypal. I still have not received the tanks so I filed a complaint to paypal after countless emails to him. All I wanted was just a tracking # which he could not provide. He told me the tanks have been shipped. Anyways, here's the email
"Cute move with the paypal fraud complaint. Now you have to ask yourself - how lucky do you feel?. Are you confident enough that I dont call up tommorrow and get a tracking # that your willing to risk a suit? Incidentally venue will be Deposit NY, Closest airport is Binghamton if you want to start shopping airfares... If I have to take time out of my busy schedule to get that ****ing number - after I told you I ONLY get it with my STATEMENTS its gonna cost you.... Remember in effect what you are doing is alleging MAIL and WIRE FRAUD against a business that has well over 1000 demonstrated sucessfully completed transactions... You are making a FORMAL complaint, alleging federal criminal conduct and unless you can make it stick you have a problem... A very very big problem...
You want your tracking number, youll get your tracking number. Im going to call them and tell them and I quote "I now need it on an emergency basis - because the SOB made a fraud complaint." They will laugh at you, say "Oh another one - here it is!" and then we will laugh and joke about how we hope you have a nice home and a comfy bank account.... You insist on having things your way - no problem. You had your fun, youll have your tracking number and then I will show you how "more desparate actions" can cost you... Would you like the name of an Ebay buyer who is paying of a $6000 judgement because he pulled the same stunt? Perhaps the one who ultimately paid $3800 for a $20 item because he had to take "more desparate actions too"?
Hell do me a favor - go ahead and leave negative feedback too - it will up the damages! PLEASE Go right ahead.... I have my eyes on a Piper Aztec and every extra dollar helps. Now, have a VERY nice day and let me know what address I should use for service of process. Remember I file in Deposit NY, if you dont come - you lose by default. I realize your item isnt there yet - however the standard is "what would a reasonable and prudent person do?" 1045 people had positive experiences and got their merchandise, 17 had complaints two of those were deadbeat bidders who never paid and if you check the remaining 15 EVERYONE ELSE- even the minute number who claimed non reciept, ultimately DID get their items or refunds... Not one single person has EVER been ripped off! So lets see 1045 people got their items, NONE did not, yet YOU filed a FRAUD complaint because I didnt get you a tracking number - depsite my having told you I dont GET THEM TILL STATEMENT TIME and having been in continual contact with you.... Hmmmmmm what would a reasonable and prudent person do? Think I suddently decided to walk away from it all and to run off to Rio De Janerio with your $120???? Thousands of dollars a month I ship but YOURS I just had to run off with? Does that sound reasonable or prudent??? Well I guess that will be up to the judge to decide now wont it?
This is what happens when I try to be nice to Ebay buyers... Frankly with all the e-mail time spent on this I was ALREADY LOSING MONEY on the tanks! To make money I have to get the order, forward it, and have the buyer sit there patiently until it ARRIVES! One or two e-mails tops... A smooth transaction without a dozen inquiries, complaints etc. In any event you have now forced my hand with your "desperate measures" youll get your tracking number - well actually PAYPAL will at which point they will dismiss your complaint - and then once your complaint is dismissed as "without merit" I will have to take MY desperate measures...
Think about that before you act next time... The ONLY thing that can save you from a civil suit is if I am unable to come up with a tracking # that precedes your complaint.... You must be pretty damn certain Im a crook huh? You better start thinking how to kiss ass to make up for this fraud complaint - or Ill just leave it to the judge to figure out how you can make it up.... Thats called "compensatory damages".... Then we have what they call "punitive damages" thats what is assessed to make you truly contrite...
Have a nice day but do me a favor - shop off the 99 cent value menu at lunch - pretty soon your money will be my money so be thrify with it - more for me! Thanks!
Kevin"
And this is his latest email to me after I sent him negative feedback on ebay
"Nice try *******... You keep telling yourself that. Why do you thjink Ebay includes the warning: Â Important:Â You are about to leave a negative or neutral comment about another user in a public forum. Please consider the following before confirming your feedback: IN RED TYPE before you leave negative feedback. You ****ed yourself, played right into my hands... First the bogus fraud complaint and now the negative feedback... You dont understand do you pussy - I WANTED you to do that! It adds to the damages! I even TOLD you it did but apparently you think your smarter than me and didnt heed the warning. You "know" you cant sue someone for some "bogus ****" (Thanks for admitting it was bogus - helps my case!) because your the buyer? Where is the law that says you cannot sue buyers???
Defamation: Textbooks often define it as "a false statement to a person's discredit." Certainly wrongly accusing someone of a criminal act (i.e. saying your mechanic beats his wife) qualifies. (AS DOES FALSELY ACCUSING SOMEONE OF FRAUD TO THEIR CREDIT CART MERCHANT! Nice work on the bogus complaint!)
A libel case requires three elements: Publication, identification, and defamation
Publication: Here's the deal. If you wrote it, and someone else read it, it's published.
(GEE PUSSY YOU THINK THIS IS WHY EBAY SAYS IN RED "You are about to leave a negative comment in a public forumn"
Identification: If the person being libeled can be identified — or can identify him or herself in your writing — it's strike two. (No problem here - VERY clearly identified! Both to the complaint AND the negative feedback!)
Defamation: Textbooks often define it as "a false statement to a person's discredit." Certainly wrongly accusing someone of a criminal act (i.e. saying your mechanic beats his wife) qualifies.(As does falsely accusing someone of MAIL FRAUD!) Saying something that directly attacks someone's professional standing often does as well (i.e. that your doctor is incompetent). (In your negative feedback you said that "Dont hesitate to file a complaint you get your merchandise faster! WELL GUESS WHAT PUSSY - The tracking info will show it was enroute PRIOR to your complaint - hence your statement is FALSE and intended to create the impression that you have to file complaints to get the item... FURTHER, you go on to encourage OTHERS to file complaints as well which is CLEARLY intended to "harass or harm my business"
Oh, and by the way "Defenses Against LibelTruth: The granddaddy of escape clauses is truth. If what you say is provably true, then the plaintiff supposedly has no case. But even this can get messy. Is the truth something still being debated? (That is, was your ex actually convicted of DUI, or is the matter still pending?) And, is the truth actually information that should have remained private? (For example, your friend's confessed addiction to internet porn.) Finally, there's malice. You might state the truth and nothing else, but if the context makes it clear you're doing so to hurt that person... " Not only is it readily proved as untrue - BUT your encouraging OTHERS to do the same is prima facie evidence of malice...
Your ****ed... Plain and simple - you played right into my hands and even to SUCESSFULLY defend against the claim you will have to come to DEPOSIT, NY! Failure to appear results in a DEFAULT JUDGEMENT! See the thing you have to remember too is "But if it's come to the point of legal action, things have probably already gone too far. After all, the case might stand a snowball's chance in hell in court, but the fact that you've been sued at all is trouble enough."
You played RIGHT into my hands pussy! Now once we get those papers to you - we can discuss a settlement - otherwise - its going to cost you airfare and lodging to Deposit NY. Keep going though- the more you shoot your mouth off the bigger the numbers get!
By the way - I dont PAY for my lawyer - I live with her! LOL LOL LOL God I love it when a pain in the ass Ebay buyer falls into my trap! Nothing liek a person who "knows" the law and tries to second guess me on it LOL
Read up a little bit John, see jsut how ****ed you are... I love a good suit, they are actually a hobby of mine...
Kev"
This sounds as bogus as it gets but he's getting his info on some technical stuff I don't know about.
Here's the deal. I bought a set of oxy-acetelyne tanks from him over a month ago and paid within a matter of minutes by paypal. I still have not received the tanks so I filed a complaint to paypal after countless emails to him. All I wanted was just a tracking # which he could not provide. He told me the tanks have been shipped. Anyways, here's the email
"Cute move with the paypal fraud complaint. Now you have to ask yourself - how lucky do you feel?. Are you confident enough that I dont call up tommorrow and get a tracking # that your willing to risk a suit? Incidentally venue will be Deposit NY, Closest airport is Binghamton if you want to start shopping airfares... If I have to take time out of my busy schedule to get that ****ing number - after I told you I ONLY get it with my STATEMENTS its gonna cost you.... Remember in effect what you are doing is alleging MAIL and WIRE FRAUD against a business that has well over 1000 demonstrated sucessfully completed transactions... You are making a FORMAL complaint, alleging federal criminal conduct and unless you can make it stick you have a problem... A very very big problem...
You want your tracking number, youll get your tracking number. Im going to call them and tell them and I quote "I now need it on an emergency basis - because the SOB made a fraud complaint." They will laugh at you, say "Oh another one - here it is!" and then we will laugh and joke about how we hope you have a nice home and a comfy bank account.... You insist on having things your way - no problem. You had your fun, youll have your tracking number and then I will show you how "more desparate actions" can cost you... Would you like the name of an Ebay buyer who is paying of a $6000 judgement because he pulled the same stunt? Perhaps the one who ultimately paid $3800 for a $20 item because he had to take "more desparate actions too"?
Hell do me a favor - go ahead and leave negative feedback too - it will up the damages! PLEASE Go right ahead.... I have my eyes on a Piper Aztec and every extra dollar helps. Now, have a VERY nice day and let me know what address I should use for service of process. Remember I file in Deposit NY, if you dont come - you lose by default. I realize your item isnt there yet - however the standard is "what would a reasonable and prudent person do?" 1045 people had positive experiences and got their merchandise, 17 had complaints two of those were deadbeat bidders who never paid and if you check the remaining 15 EVERYONE ELSE- even the minute number who claimed non reciept, ultimately DID get their items or refunds... Not one single person has EVER been ripped off! So lets see 1045 people got their items, NONE did not, yet YOU filed a FRAUD complaint because I didnt get you a tracking number - depsite my having told you I dont GET THEM TILL STATEMENT TIME and having been in continual contact with you.... Hmmmmmm what would a reasonable and prudent person do? Think I suddently decided to walk away from it all and to run off to Rio De Janerio with your $120???? Thousands of dollars a month I ship but YOURS I just had to run off with? Does that sound reasonable or prudent??? Well I guess that will be up to the judge to decide now wont it?
This is what happens when I try to be nice to Ebay buyers... Frankly with all the e-mail time spent on this I was ALREADY LOSING MONEY on the tanks! To make money I have to get the order, forward it, and have the buyer sit there patiently until it ARRIVES! One or two e-mails tops... A smooth transaction without a dozen inquiries, complaints etc. In any event you have now forced my hand with your "desperate measures" youll get your tracking number - well actually PAYPAL will at which point they will dismiss your complaint - and then once your complaint is dismissed as "without merit" I will have to take MY desperate measures...
Think about that before you act next time... The ONLY thing that can save you from a civil suit is if I am unable to come up with a tracking # that precedes your complaint.... You must be pretty damn certain Im a crook huh? You better start thinking how to kiss ass to make up for this fraud complaint - or Ill just leave it to the judge to figure out how you can make it up.... Thats called "compensatory damages".... Then we have what they call "punitive damages" thats what is assessed to make you truly contrite...
Have a nice day but do me a favor - shop off the 99 cent value menu at lunch - pretty soon your money will be my money so be thrify with it - more for me! Thanks!
Kevin"
And this is his latest email to me after I sent him negative feedback on ebay
"Nice try *******... You keep telling yourself that. Why do you thjink Ebay includes the warning: Â Important:Â You are about to leave a negative or neutral comment about another user in a public forum. Please consider the following before confirming your feedback: IN RED TYPE before you leave negative feedback. You ****ed yourself, played right into my hands... First the bogus fraud complaint and now the negative feedback... You dont understand do you pussy - I WANTED you to do that! It adds to the damages! I even TOLD you it did but apparently you think your smarter than me and didnt heed the warning. You "know" you cant sue someone for some "bogus ****" (Thanks for admitting it was bogus - helps my case!) because your the buyer? Where is the law that says you cannot sue buyers???
Defamation: Textbooks often define it as "a false statement to a person's discredit." Certainly wrongly accusing someone of a criminal act (i.e. saying your mechanic beats his wife) qualifies. (AS DOES FALSELY ACCUSING SOMEONE OF FRAUD TO THEIR CREDIT CART MERCHANT! Nice work on the bogus complaint!)
A libel case requires three elements: Publication, identification, and defamation
Publication: Here's the deal. If you wrote it, and someone else read it, it's published.
(GEE PUSSY YOU THINK THIS IS WHY EBAY SAYS IN RED "You are about to leave a negative comment in a public forumn"
Identification: If the person being libeled can be identified — or can identify him or herself in your writing — it's strike two. (No problem here - VERY clearly identified! Both to the complaint AND the negative feedback!)
Defamation: Textbooks often define it as "a false statement to a person's discredit." Certainly wrongly accusing someone of a criminal act (i.e. saying your mechanic beats his wife) qualifies.(As does falsely accusing someone of MAIL FRAUD!) Saying something that directly attacks someone's professional standing often does as well (i.e. that your doctor is incompetent). (In your negative feedback you said that "Dont hesitate to file a complaint you get your merchandise faster! WELL GUESS WHAT PUSSY - The tracking info will show it was enroute PRIOR to your complaint - hence your statement is FALSE and intended to create the impression that you have to file complaints to get the item... FURTHER, you go on to encourage OTHERS to file complaints as well which is CLEARLY intended to "harass or harm my business"
Oh, and by the way "Defenses Against LibelTruth: The granddaddy of escape clauses is truth. If what you say is provably true, then the plaintiff supposedly has no case. But even this can get messy. Is the truth something still being debated? (That is, was your ex actually convicted of DUI, or is the matter still pending?) And, is the truth actually information that should have remained private? (For example, your friend's confessed addiction to internet porn.) Finally, there's malice. You might state the truth and nothing else, but if the context makes it clear you're doing so to hurt that person... " Not only is it readily proved as untrue - BUT your encouraging OTHERS to do the same is prima facie evidence of malice...
Your ****ed... Plain and simple - you played right into my hands and even to SUCESSFULLY defend against the claim you will have to come to DEPOSIT, NY! Failure to appear results in a DEFAULT JUDGEMENT! See the thing you have to remember too is "But if it's come to the point of legal action, things have probably already gone too far. After all, the case might stand a snowball's chance in hell in court, but the fact that you've been sued at all is trouble enough."
You played RIGHT into my hands pussy! Now once we get those papers to you - we can discuss a settlement - otherwise - its going to cost you airfare and lodging to Deposit NY. Keep going though- the more you shoot your mouth off the bigger the numbers get!
By the way - I dont PAY for my lawyer - I live with her! LOL LOL LOL God I love it when a pain in the ass Ebay buyer falls into my trap! Nothing liek a person who "knows" the law and tries to second guess me on it LOL
Read up a little bit John, see jsut how ****ed you are... I love a good suit, they are actually a hobby of mine...
Kev"
This sounds as bogus as it gets but he's getting his info on some technical stuff I don't know about.
