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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
06-11-2017, 01:36 AM
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#11
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i cant prove i didnt charge back with Bank of America because i was simply told no when i spoke with them via telephone... i will see if i can take a screenshot of my checking acct that shows the charge and no refund back, if its needed and if i can do it without too much revealing info on it....
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06-11-2017, 01:39 AM
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#12
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and i didnt use a credit card...the funds came directly from my checking account into PP to pay him....
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06-11-2017, 01:48 AM
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#13
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also, the crypto thing is that he supposedly did this....as in allegedly...not proven
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06-11-2017, 04:18 AM
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#14
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Quote:
Originally Posted by greenfiremajick
oh and Bank of America will not refund me because they say PP is responsible and PP says that since i received the "goods" i'm not eligible for a refund, no matter what shape they are in. i did receive 2 emails today, stating that PP had escalated the dispute to a claim...not sure if that makes a difference, or not....
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Paypal has two separate and different ways to initiate a claim, 'item not received' and 'significantly not as described'. They cannot be filed together at the same time. From the reply you received above, it sounds as if they are replying to an 'item not received' case. It seems as if you filed a 'significantly not as described' case that they would look into the condition of the lizards. Even then, if your seller told you about the stuck sheds and skin problems (can you show the ad and post the emails of his description) they may say that the problem was described to you, so you would have to prove that there were further issues making their condition 'significantly not as described'..
Item Not Received claims
Your claim will not qualify for a refund under PayPal’s Purchase Protection program for an Item Not Received claim, if:
You collect the item in person, or arrange for it to be collected on your behalf, including if you use PayPal in a seller’s store location, or
PayPal has adequate proof from the seller indicating that the item was delivered or order was fulfilled.
If the seller presents evidence that they delivered the goods to your address, PayPal may find in favor of the seller for an Item Not Received claim even if you did not receive the goods.
Significantly Not as Described claims
To qualify for Purchase Protection as a Significantly Not as Described claim, the item must be materially different from the seller’s description of the item.
The following claims will qualify as a Significantly Not as Described claim:
You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
The item was advertised as authentic but is not authentic (i.e. counterfeit).
The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
You purchased a set of three items but only received two.
The item was damaged during shipment.
The following claims will not qualify as a Significantly Not as Described claim:
The defect in the item was correctly described by the seller in its description of the item.
The item was properly described but you didn't want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was described as “used."
Since you have said you are worried about them making it, and say they are smelling of rot, have you taken them to a vet? I would think that not only might that help their health (a vet might provide medication or at least affirm that 'helichrysum oil' is a safe and appropriate treatment),and it would help provide professional documentation of their condition.
I hope that their health improves for you.
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06-11-2017, 04:40 AM
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#15
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Quote:
Originally Posted by Lucille
I hope that their health improves for you.
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I hope that your own health and well being improves as well, it sounds as you have had rough times recently.
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06-11-2017, 05:42 AM
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#16
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Quote:
Originally Posted by greenfiremajick
This was his response to the review posted on FB..
"Nick Lillis
I had no problem issuing a full refund and taking them to the vet myself
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Quote:
Originally Posted by greenfiremajick
i will go without a refund before i will ever send these poor animals back to him.....
speaking of refunds.....we exchanged a few texts where he continues to deny responsibility and continues to ignore my suggestion that he could easily give me the refund he so graciously offered when he replied to the FB group
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His refund offer implied that you would be sending the critters back so that he could take them to the vet. You can't both keep the critters and expect a refund.
Again, have you taken them to the vet?
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06-11-2017, 08:36 AM
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#17
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Maybe that is why the different emails from Paypal, stating that the matter had been resolved and then another email, stating it had been escalated to a claim. I will continue checking w Paypal.
But, again, receiving the refund is only secondary to what concenrns me. Receiving the refund would be nice, but warning others that this is yet another issue w Nick is my main goal for posting, here. The 2 skinks he sent are again not eating, at all.
I will be taking them back to the vet at the beginning of the week, as on Sat the vet said that his concern was the dehydration, the wasting away/thinness of the animals, and the issues of what appear to be burns and overall rough shape of the animals, not that one of them is reported as not eating (the bigger one did eat, once and my daughter reported seeing both eating, BUT they do not appear to have eaten last night)...that he expected them to not eat because they had been stressed from shipping and so on (we all know that can happen)...
these animals could barely grasp upon arrival and arrived in VERY rough shape...there is significantly more issues than having some stuck shed....they were, and continue to remain, lethargic...
Nick states he never sent outdated pics, only current pics yet, I've attached a screenshot of his ad from April here on fauna, as well as the pics he sent me, when I asked him for pics of the skinks I was buying. (I did not know about the april fauna ad, until yesterday when it was pointed out to me, by someone else).
Like I said, the past year or so has really put a toll on me and i really don't have the energy, nor desire to go back and forth and argue and prove my case to everyone (i do appreciate the warm wishes)....i simply put this here to warn others...one of those reasons being that others asked me to do so, so that he does not do this to someone else. not trying to be disrespectful or rude to anyone here, but that's it.
i believe he gave me such a great deal on the animals, because they were going downhill w him. i believe he got these animals in and neglected them (he stated he had had these animals for the past year).
he doesn't just occasionally get animals and trade them, he does it as a regular, fulltime thing and then asks everyone what a flipper is as if he does not understand the term (in the fb review group reply from him i also provided). there's nothing wrong with trades, sales, etc.....there IS something wrong when it starts to get seedy and shady and he sends out sick animals....morally, ethically, wrong and just bad business, overall. i think he is very good at playing innocent and being a victim, while proclaiming his innocence and leaving just enough wiggle room for a prospective buyer wanting to make a purchase to go ahead and do it. just like i decided there was just not quite enough proof he had done something wrong in the past to not buy from him
he said he would refund me, yet he has not tried to do so, nor mentioned doing so, nor even telling me to send the animals back to get a refund. upon contacting him, i only got argument that the animals were fine except some stuck shed...when asked how he could help me, i told him if the animals died then i did want a refund to which he never confirmed, nor denied that he would issue a refund. what he HAS done, is try and misdirect blame and doubt on to me.
a refund would be nice, but that is not the motivating factor of why i am here...though as i stated, he has yet to actually offer me a refund, or make an offer to share any vet costs, etc. he did not share any screenshots of the offer of a refund, but found that i had blocked him. he could offer, here. or he could have texted me since he has my phone number (he could have offered last night....i had not made any statements about not sending the animals back to him so there's no excuse he had not offered via any other form of communication available to him, to reach me) again, i highly suspect if i send these animals back to him they will either die, or immediately be sold to someone else. and if he is so willing to take them to the vet, why weren't they taken, already? their condition upon arrival should have had them to the vet, already....one has to wonder.
again--my motivating factor for reporting here, is not for the refund aspect of the issue....i'm here to report what happened to me, when buying animals from Nick Lillis.
also, thank you for the PP info on the differences in types of claims.
Quote:
Originally Posted by Lucille
Paypal has two separate and different ways to initiate a claim, 'item not received' and 'significantly not as described'. They cannot be filed together at the same time. From the reply you received above, it sounds as if they are replying to an 'item not received' case. It seems as if you filed a 'significantly not as described' case that they would look into the condition of the lizards. Even then, if your seller told you about the stuck sheds and skin problems (can you show the ad and post the emails of his description) they may say that the problem was described to you, so you would have to prove that there were further issues making their condition 'significantly not as described'..
Item Not Received claims
Your claim will not qualify for a refund under PayPal’s Purchase Protection program for an Item Not Received claim, if:
You collect the item in person, or arrange for it to be collected on your behalf, including if you use PayPal in a seller’s store location, or
PayPal has adequate proof from the seller indicating that the item was delivered or order was fulfilled.
If the seller presents evidence that they delivered the goods to your address, PayPal may find in favor of the seller for an Item Not Received claim even if you did not receive the goods.
Significantly Not as Described claims
To qualify for Purchase Protection as a Significantly Not as Described claim, the item must be materially different from the seller’s description of the item.
The following claims will qualify as a Significantly Not as Described claim:
You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
The item was advertised as authentic but is not authentic (i.e. counterfeit).
The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
You purchased a set of three items but only received two.
The item was damaged during shipment.
The following claims will not qualify as a Significantly Not as Described claim:
The defect in the item was correctly described by the seller in its description of the item.
The item was properly described but you didn't want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was described as “used."
Since you have said you are worried about them making it, and say they are smelling of rot, have you taken them to a vet? I would think that not only might that help their health (a vet might provide medication or at least affirm that 'helichrysum oil' is a safe and appropriate treatment),and it would help provide professional documentation of their condition.
I hope that their health improves for you.
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06-11-2017, 08:41 AM
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#18
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Also, i believe he has probably flipped some great, healthy animals, as well....so it may, or may not, be difficult to show a pattern because of the various conditions of the animals he receives and sells, or keeps.
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06-11-2017, 08:51 AM
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#19
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"(can you show the ad and post the emails of his description)"
Nick did not tell me about the stuck shed, or the fact he had been giving them pangae and yogurt, until after i had purchased the animals. he did not tell me about the stuck shed until he had shipped...this is shown in one of the PMs i provided in the this thread (file named PM6)...he sent me a PM, telling me they were on their way and was just giving me a "headsup that they were in shed and he had been soaking them the night before...this was not just some stuck shed...it was layers upon layers of it....they stunk of rot, there was so much of it....the only thing i could possibly see as to why he sent me such skinny animals w burn marks and a bacterial or fungal issue, is that he could not SEE the issues w the animals, because of the sheds? but you could def see the thinness of the tails and so on, even w the layers of shed still on them).
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06-11-2017, 09:37 AM
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#20
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Quote:
Originally Posted by greenfiremajick
i really don't have the energy, nor desire to go back and forth and argue and prove my case to everyone (i do appreciate the warm wishes)....i simply put this here to warn others...one of those reasons being that others asked me to do so, so that he does not do this to someone else. not trying to be disrespectful or rude to anyone here, but that's it.
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You do not have to go back and forth or provide proof, but information helps provide credibility. You are missing some critical proofs, such as a picture of the lizards when they first arrived, and the papers from the vet.
I have notified Nick of this thread, I would like to hear his point of view of this transaction.
Have you emailed and asked him if he will provide a refund if you ship them back? From your previous posts you were trying to get a refund from Paypal, but also stated elsewhere that you did not want to return them. I do not believe that either Paypal or Nick will refund if you insist on keeping them.
Quote:
Originally Posted by greenfiremajick
i blocked him on fb and will not engage in any further comm's w him
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If you want to negotiate an agreement to return the lizards and receive a refund, refusing to communicate is not going to help persuade.
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