Cosby
02-09-2004, 12:30 PM
Its probably BS but the seller has some seriously valid but necessarily legally sound points. Tracking numbers become a huge pain for the seller and buyers are becoming more and more demanding... especially mark.
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 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 fucking 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?
Oh incidentally - you have no "right" to a tracking number! I dont have to provide it - period! Tracking numbers exist for the SHIPPER to be able to provide legal proof of shipment - not because the buyer has a bug up their ass and wants it regardless of how much hassel the dealer has to go through to get it. Frankly - I wish buyers didnt even KNOW of the existence of tracking numbers because on the stuff we ship from here - ie the pilot supplies etc IT COSTS ME OVER $24000 a YEAR ON LABOR TO PROVIDE BUYERS WITH THOSE WORTHLESS NUMBERS! TWENTY FOUR THOUSAND DOLLARS A YEAR so people can know that their two day priority mail sent out Wends will be there Friday! In fact - I am considering getting a 900 number - If people want their goddam tracking numbers they can pay $2.99 a minute while Trisha sifts through hundreds of PS-152 forms! The warehouse is RIGHT to provide them on a monthly basis and I WISH TO CHRIST BUYERS WOULD STOP ASKING FOR THEM they are NOT for your convenience they are for our protection...
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"
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 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 fucking 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?
Oh incidentally - you have no "right" to a tracking number! I dont have to provide it - period! Tracking numbers exist for the SHIPPER to be able to provide legal proof of shipment - not because the buyer has a bug up their ass and wants it regardless of how much hassel the dealer has to go through to get it. Frankly - I wish buyers didnt even KNOW of the existence of tracking numbers because on the stuff we ship from here - ie the pilot supplies etc IT COSTS ME OVER $24000 a YEAR ON LABOR TO PROVIDE BUYERS WITH THOSE WORTHLESS NUMBERS! TWENTY FOUR THOUSAND DOLLARS A YEAR so people can know that their two day priority mail sent out Wends will be there Friday! In fact - I am considering getting a 900 number - If people want their goddam tracking numbers they can pay $2.99 a minute while Trisha sifts through hundreds of PS-152 forms! The warehouse is RIGHT to provide them on a monthly basis and I WISH TO CHRIST BUYERS WOULD STOP ASKING FOR THEM they are NOT for your convenience they are for our protection...
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"