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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
12-26-2010, 01:53 PM
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#791
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Quote:
Originally Posted by ShadowAceD
My issue with the boa being returned is that they will try to sell it again, Deb.
I understand the animal has not yet been determined to harbor the disease, but the problem is, right now, it cannot be confirmed to either have or not have it.
Under normal circumstances, yes ... return the animal if you are getting a refund, but because of the health risk it poses, I do not think so. Legal aspect or not.
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So you are saying that if they give the money back, all other things considered, a judge in a legal court of law would not order the return of the animal?
Legalities are usually more black and white than moral issues.
What I am seeing is:
Animal has not been determined to have the disease (curse the holidays that put off the testing!)
Buyer is "going" to be refunded
Which court of law would allow her to keep the animal and refund? The law would probably advise the buyer that since she has her money back, it is no longer her concern what the sellers do with the animal.
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12-26-2010, 01:59 PM
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#792
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Quote:
Originally Posted by deborahbroadus
So you are saying that if they give the money back, all other things considered, a judge in a legal court of law would not order the return of the animal?
Legalities are usually more black and white than moral issues.
What I am seeing is:
Animal has not been determined to have the disease (curse the holidays that put off the testing!)
Buyer is "going" to be refunded
Which court of law would allow her to keep the animal and refund? The law would probably advise the buyer that since she has her money back, it is no longer her concern what the sellers do with the animal.
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No, legally, you are right.
The point I was trying to make is there is no logical reason that they want that animal back unless they want to resell it.
They already have to take care of 20+ animals for the rest of their lives without (if they have any ethics whatsoever) being able to sell, breed or rehome them.
The blood tests cannot clear an animal. Just because it tests negative does not mean it does not have it. The blood tests looks for the disease when it is activated, not when it is inactive and causing the animal to be asymptomatic.
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12-26-2010, 02:15 PM
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#793
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After reading how Ashley beats and chokes her animals, I don't think any judge would want that snake, or any animal for that matter, in her possession or care ever again
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12-26-2010, 02:24 PM
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#794
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Quote:
Originally Posted by ShadowAceD
No, legally, you are right.
The point I was trying to make is there is no logical reason that they want that animal back unless they want to resell it.
They already have to take care of 20+ animals for the rest of their lives without (if they have any ethics whatsoever) being able to sell, breed or rehome them.
The blood tests cannot clear an animal. Just because it tests negative does not mean it does not have it. The blood tests looks for the disease when it is activated, not when it is inactive and causing the animal to be asymptomatic.
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There is no logical reason for the Caspers to want the animal in question back and since Elizabeth's collection is already compromised worrying about a refund on one or two animals is pointless (in my opinion).
I guess what I am getting at, bottom line, go after them for the value of the collection (after testing and finding any positives) since it logically does not make sense to have all this hullabo over one animal.
I wouldn't waste time harping on ONE animal, which if the Caspers so desire, they can add to the stress and drag out the situation.
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12-26-2010, 04:03 PM
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#795
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Quote:
Originally Posted by Angel Rojas
After reading how Ashley beats and chokes her animals, I don't think any judge would want that snake, or any animal for that matter, in her possession or care ever again
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Exactly. I mean when any body is as pissed off as much as she said she was, you don't really tend to think straight, and you DON'T EXAGGERATE when you're angry, especially something like that, and especially on a PUBLIC FORUM for the ENTIRE WORLD to SEE. I guarantee you every single word she typed of how she treated her dog and her cats is EXACTLY how she treated them.
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12-26-2010, 04:49 PM
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#796
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I finally got an email, again from Ryan. He offered shipping with a reverse label and then I would get a refund.
I refused, because I cannot send these snakes back to them on ANY sort of good conscience. They will not be properly cared for, possibly resold, and tests cannot be trusted as properly reported. Also, I was not clear until recently that a refund in THIS situation meant giving up legal rights to the animals. And since, I have been deciding what to do. I thought they had done the completely wrong thing and should refund me the value of the animals AT LEAST considering what they have done to my collection. However, I am not giving up legal rights to these bcas. I want to be able to test them myself, and know that at least THESE results are not coming out of liar's mouths.
In addition, whatever results come back may allow me to pursue them for the value of my entire collection if IBD is confirmed. This is all going to be a long tortuous process, but I will not stop dragging these evil people through it with me until the end, because they are the ones who gave my babies a probable death sentence. And on the 80th page, STILL, no apology.
My signature should be, all I care about it the health of my snakes, so I don't have to keep repeating it. Knowing that, the Caspillos can have NO IDEA how it feels to actually care about animals and suddenly have an outbreak of mites on animals you love, when you already knew IBD was possibly present. They can have NO CLUE what it felt like to know that IBD was i my house and I was doing everything I could to prevent its spread but I was just too damn new at this to have a hope of stopping it.Or to find out that a breeder you trusted had sent you snakes that were each the equivalent to a dirty bomb.
Sorry for the venting. I just don't know where their humanity died or if they ever had it, but I am outraged at their lack of it.
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12-26-2010, 05:12 PM
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#797
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Apparently Ryan Caspillo thinks I need to pay return shipping, and I will not. I said to Ashley, it's the same if you order a product online. You get the package, see that it's broken or not what you ordered, you call the company back and they send YOU the return shipping on THEIR dime.
Waiting on a response from her now.
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12-26-2010, 06:00 PM
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#798
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Quote:
Originally Posted by Elizabethlea27
I finally got an email, again from Ryan. He offered shipping with a reverse label and then I would get a refund.
I refused, because I cannot send these snakes back to them on ANY sort of good conscience. They will not be properly cared for, possibly resold, and tests cannot be trusted as properly reported. Also, I was not clear until recently that a refund in THIS situation meant giving up legal rights to the animals. And since, I have been deciding what to do. I thought they had done the completely wrong thing and should refund me the value of the animals AT LEAST considering what they have done to my collection. However, I am not giving up legal rights to these bcas. I want to be able to test them myself, and know that at least THESE results are not coming out of liar's mouths.
In addition, whatever results come back may allow me to pursue them for the value of my entire collection if IBD is confirmed. This is all going to be a long tortuous process, but I will not stop dragging these evil people through it with me until the end, because they are the ones who gave my babies a probable death sentence. And on the 80th page, STILL, no apology.
My signature should be, all I care about it the health of my snakes, so I don't have to keep repeating it. Knowing that, the Caspillos can have NO IDEA how it feels to actually care about animals and suddenly have an outbreak of mites on animals you love, when you already knew IBD was possibly present. They can have NO CLUE what it felt like to know that IBD was i my house and I was doing everything I could to prevent its spread but I was just too damn new at this to have a hope of stopping it.Or to find out that a breeder you trusted had sent you snakes that were each the equivalent to a dirty bomb.
Sorry for the venting. I just don't know where their humanity died or if they ever had it, but I am outraged at their lack of it.
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As much as you don't want them to get the snakes back, if they refund you they are entitled to get them back.
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12-26-2010, 06:00 PM
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#799
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Well it ended up working out with Ashley. She refunded me through paypal and I'm at this point waiting for the heatpacks to get here so I can ship the Bolivians. She will give me the information so I can drop the Bolivians at fedex as late as possible so they aren't stuck sitting on a truck driving around here in town.
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12-26-2010, 06:02 PM
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#800
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Quote:
Originally Posted by RachelSS
Apparently Ryan Caspillo thinks I need to pay return shipping, and I will not. I said to Ashley, it's the same if you order a product online. You get the package, see that it's broken or not what you ordered, you call the company back and they send YOU the return shipping on THEIR dime.
Waiting on a response from her now.
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I agree with you, they should pay the return shipping.
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