I AM HERE TO DEFEND MY GOOD NAME -- AcidBurn

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AcidBurn

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SETTING THE RECORD STRAIGHT --

Thank you to everyone who e-mailed me to let me know that I was being BASHED on dvxuser, and for taking the objective road and for giving me the opportunity to explain the situation and defend the circumstance of my interaction with this buyer.

I was contacted by this individual because he wanted to buy my camera package that was for sale. Immediately, I knew something was wrong because he was SO desiring to buy it and have it shipped as soon as possible across the country.

Look, I've been contacted by a LOT of people to buy my package... and EVERYONE has asked me a ton of questions. How much use does the camera have> What kind of work have you done with it? Has it ever been damaged? Do you have a website so I can see your work?... all the questions someone who CARES about their equipment would ask.

I was surprised that he spent 2 minutes on the phone with me, asked me no questions... only that he would send me the money through PayPal and that he wanted it.

Well, I sent him two e-mails asking him to CONFIRM the details... he never responded to the second. I sent him a breakdown through PAYPAL for him to review... and of course, NO MONEY WAS EVER TRANSFERED.

I became worried about selling to this buyer, had no confidence in the deal... and was afraid my BEAUTIFUL CAMERA was going to go to an ABUSIVE father.

AND HERE'S THE BEST PART... I sold it to a kid who had saved every penny he could to buy a camera. Told me that he is going to start shooting every day. Inspected the camera at 2:00AM for 2.5 hours just to make sure everything worked. I had to be on set to shoot at 6am and I stayed awake with this kid till 4:30am - at the end he told me he drove 1.5 hours to get to my place... He could only afford a certain amount which was $100 LESS THAN MY OFFER TO THE GUY WHO IS RIPPING ME... and I sold it to him with a smile on my face and thought "****! I love this kid!!!! He's like me"

So, guys... it wasn't about money. I didn't trust Mr. Basher and he wasn't following through with the deal to my satisfaction.

And just to let you know how disturbed I was by his e-mails... here are a few excerpts... you judge who is honest here:

READ THEM ALL -- TRUST ME!

#1:
"Your actions are unethical and illegal. I fully expect you to honor the contract that you made yesterday. I’m not going to brush off this breach of contract. I advise you to cancel the second sale of the same product and honor the original agreement. I don’t wish to seek legal counsel"

#2: "
I highly recommend you buy it back or you'll have a judge that orders you
buy the same camera with all the parts you listed to sell for $6100. Sorry,
but I've been cheated too many times this year and this is the last straw.
I'm just as wrong for continuing to allow it to happen. I'll give you 24
hours to work things out, then I'll take it to the next step"

#3:
"You may be use to committing such unethical acts and getting away with it,
but I promise someday you'll stand before God and answer for such wrong
behavior. It might not be a big deal now, but it surely will be then."

#4:
"I've contacted small claims in Venice, California and will be filing a case
tomorrow morning for $75.00. A judge will look at the situation and see
that you agreed to sell and I agreed to buy, which facilitates a contract.
He'll rule that you must provide the same equipment that you already sold
and sell it to me for $6100. "

#5:
"There is a point at which the law becomes immoral and unethical. That point
is reached when it becomes a cloak for the cowardice that dares not stand up
against blatant violations of justice. You have 24 hours to let me know how
you plan to remedy the problem."
 
Just as I figured... I got your back here, it is the other guy who was overzealous, just as I suspected. You got a bad feeling and sold it to someone else. Fair enough. His legal mumbo jumbo is a bunch of crap. He cant do anything. Also, pretty low to say you are going to hell for this. Pot meet kettle...



ash =o)
 
Actually, now that I look at this dudes writing... he aint that bad!!!!! He should write for Law & Order or something... lol

Aside from being CRAZY ---- it's obvious he doesn't know CRAP about the legal system... or how small claims court works... First, there's a $5,000 cap on the claim - Second, I didn't know we had a court system where the judge evaluates one side of the evidence and then makes a ruling...usually the judge has both parties come into court - the plaintiff and the defendant. Oopsss... guess he missed LAW 101!!!! Wait, my 7 year old niece never took Law 101 and even SHE knows this crap.

He seems to be very concerned with how God will judge me... dude, God would tell you to stop bashing me and stop being such a BABY!

This guys CRAZY - you guys rock! -- and good luck to the kid who bought my package... he's freakin' cool!

- Acid Burn
 
Hey AcidBurn,

Too many Lawsuit happy people here in the US.
Sorry you are going through all this.

Just keep a record of all communications and maybe jot down all the times and dates for them. This should help.

Also, he has no losses. He didn't spend any money. He can make a case that his loss is time but the court will never rule on that. (its not like he is a company in charge or securing property for other at a price, and if he doesn't deliver it to the others he will get sued) Worse case scenario, the judge would ask you to pay the difference between a comparable used package as the one that you were selling and the price that you were selling yours at. Which I doubt.

I hope this guy just realizes that doing business with someone on line has certain risks and because of such, everyone must protect themselves. If you don't respond in a timely manner then expect for the other party to consider that as a cancellation of your agreement.

Next time make it clear in writing that you are not commited to selling it to anyone until you have the money in your hand. (live and learn)

Good luck.
 
siniarch said:
Hey AcidBurn,

Too many Lawsuit happy people here in the US.
Sorry you are going through all this.

Just keep a record of all communications and maybe jot down all the times and dates for them. This should help.

Also, he has no losses. He didn't spend any money. He can make a case that his loss is time but the court will never rule on that. (its not like he is a company in charge or securing property for other at a price, and if he doesn't deliver it to the others he will get sued) Worse case scenario, the judge would ask you to pay the difference between a comparable used package as the one that you were selling and the price that you were selling yours at. Which I doubt.

I hope this guy just realizes that doing business with someone on line has certain risks and because of such, everyone must protect themselves. If you don't respond in a timely manner then expect for the other party to consider that as a cancellation of your agreement.

Next time make it clear in writing that you are not commited to selling it to anyone until you have the money in your hand. (live and learn)

Good luck.
Click to expand...

Thanks for the heads up... but I didn't even flinch for a minute... This guy has been sending me abusive e-mails and threatening me - I even asked him in several occassions to stop contacting me because I found his e-mails to be threatening and abusive. He did not stop... Also, PayPal gives the account holder the right to retract an invoice for the exact circumstance I am dealing with. According to PayPal, the invoice does not constitute a contract. Once the money is paid, it is a legally binding agreement. That is why they give you the ability to RETRACT your invoice...

which I did...

This guy just has NOTHING better to do than to try and be a big shot...

well, his case will suffer evidenciary failure and I have advised him that if he chooses to take this matter to court, my attorney will not only file a counter-claim, but will use all legal remedies at his disposal to ensure that this guy stops threating me, defaming my character, and trying to intimidate me.

Oh, and I have kept ALL the records...

I may not be a lawyer, but I know the law and he doesn't have a shot!
 
My advice is to ignore him and get on with your life. Don't engage him at all. Block his emails. He's bluffing about a lawsuit because any lawyer will not waste his/her time with such an idiot.
 
AcidBurn, i fully agree with you.
You are free to sell your goods to anyone, AND TO CANCEL YOUR CONTRACTS without notice.
You are fully right to change customer, even if you promised anything.
Any contract can be broken after some amount of time (in Switzerland it's 1 week)


.
 
A verbal agreement is just that. Unless money has changed hands or something is signed in ink, there is no contract. Backing out of an agreement is one thing (depending upon the circumstance). Engaging in harassment is another. Sounds to me like the only thing either party here needs to worry about is reputation. :thumbsup:
 
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You can contact his isp provider and let them know he is sending you threatening emails. They should suspend his account.

Grant
 
Oral agreements are enforceable. Not every agreement has to be in writing.

The UCC does set limits for the value of the item that will be sufficient to support an oral contract.

In this case, it is over the limit, so this needed to be in writing to be enforceable.

However, no writing necessary if the parties to the oral contract take steps to complete it by, for example, paying for it.

There is an old saying: "Tell me what the parties did, and I'll tell you what the contract said."
 
This is getting tired. Let's save the calling out of people and buyer beware of x member posts for a time when there is actually something lost besides a bit of ones ego.... this is getting ridiculous.

Read paypal rules. And, start using your freaking NOGGINS.

Thanks,
jason
 
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