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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
04-11-2012, 07:18 PM
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#231
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Quote:
Originally Posted by ozz465
Might be best for this specific thread and situation that people with your own BOI thread refrain from chiming in .
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Why is that?
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04-11-2012, 07:29 PM
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#232
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Because you've already been caught trying to defraud people with enhanced pics.
I also think it's funny that you consider that email from Sean "asking" for a higher end animal. I don't know what universe you live in where that was "asking", but I'm sure it's the same one where that pic you took of that sunglow in your avatar is unaltered.
Andrew, can I make a suggestion? Why don't you give me a call at 828 665 6969. I learned something concerning your options that you might find interesting and maybe all of this can come to a resolution. I have been a fan of the Aztecs and always enjoyed talking to you at the Daytona shows when I've gone and I would really hate for you to shoot yourself in foot over these jokers.
Chris
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04-11-2012, 08:17 PM
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#233
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I am surprised that I am the first person asking this after 225 plus posts.
What were the TOS that were discussed / in place on this transaction? That will dictate what the remedy due is.
The blackmail issue aside, if there were no firm TOS in place or discussed then the remedy is usually up to the seller. It sounds like a suitable replacement animal is still available. Given the rancor and questionable acts perpetrated by the seller and his cronies, I think the best solution is a hand delivery to the next local show. A refund would be easier but the seller is not obligated to choose that course.
Just my take...carry on with the public flogging!
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04-11-2012, 08:35 PM
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#234
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I have a feeling replacement value would be hard to agree upon for both parties. Along with any issues that may come in the few days after the snake is received. Also this group of people should just not deal with each other anymore. A safer solution for all parties would just be to refund what was paid and be done with it (minus legal action on any blackmailing if desired)
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04-11-2012, 09:43 PM
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#235
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Andrew needs to just refund the money and make a note never to deal with these guys again. It sucks for him, but that's the only way to fairly resolve it. You live and you learn.
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04-11-2012, 10:41 PM
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#236
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I'm half tempted to give you good karma for the best laugh I've had this year
But...NOT.
Quote:
Originally Posted by HerpHobbiest
If Andrew Potts is producing High End Animals, shouldn't he know how to pack them, and ship them properly?
I can see how the buyer, Kevin and his partner, Sean would think that Andrew was trying to do something funny... Shipping a dead animal to make a claim on shipping insurance... And wanting the dead animal back was really important...
I am not saying that Sean was right to ask for an upgrade to their DOA Boa...
But, it looks bad for Andrew Potts to try and justify NO replacement animal and NO money back!!!
Now that we all have a good idea of what happen... Andrew and Kevin can settle this...
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04-12-2012, 02:24 AM
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#237
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IANAL, but from my understanding of things:
FACT:
Quote:
Originally Posted by Robert Potts
Kevin will tell your shipping carrier that a snake wasn't in the box so you can get your CLAIM.
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This statement, in fact, is the most prosecutable of all, as it constitutes mail fraud, as a false and intentional claim of unreceived goods in order to get an insurance payout is an attempt to defraud the insurance company.
FACT: There is not actually any legal "blackmail" case here, as the threat was to go tell lies about Andrew, not to reveal a truth unless compensated. All the statements they were threatening are lies, so there's no blackmail.
FACT: There is, however, a LIBEL case here -- if they were blasting lies about him all over forums, in a way that harmed his business, he could easily bring a libel charge against them. All the statements they were threatening are lies, so it's libel instead.
Andrew: a FACT for YOU. Even if they had killed the snake on delivery out of spite, there is NO POSSIBLE WAY to have made it appear in that advanced a state of decomposition within an hour or two out of the box. Their feud with you aside, given the state of the corpse, it HAD to have been dead upon receipt.
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04-12-2012, 05:20 AM
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#238
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why didnt the guy just accept his money back when he got offered?
he got two of his boys talking for him cuz he just got burned for 4.5k. i would do the same thing
who cares if he is a known snake breeder. the guy put two heat packs to send to a 80 degree destination from florida. people make mistakes even the best.
hes probably high as hell and is paranoid the guy intentionally killed the snake on purpose and feels they are crooks cuz he associates with people he dosent like. what a joke. this poor guy is out 4.5k and no snake?? lmfao.
i wonder what this guy is going to do with his money.. buy a motorcycle??
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04-12-2012, 07:55 AM
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#239
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Quote:
Originally Posted by SirenSanJose
IANAL, but from my understanding of things:
FACT:
This statement, in fact, is the most prosecutable of all, as it constitutes mail fraud, as a false and intentional claim of unreceived goods in order to get an insurance payout is an attempt to defraud the insurance company.
FACT: There is not actually any legal "blackmail" case here, as the threat was to go tell lies about Andrew, not to reveal a truth unless compensated. All the statements they were threatening are lies, so there's no blackmail.
FACT: There is, however, a LIBEL case here -- if they were blasting lies about him all over forums, in a way that harmed his business, he could easily bring a libel charge against them. All the statements they were threatening are lies, so it's libel instead.
Andrew: a FACT for YOU. Even if they had killed the snake on delivery out of spite, there is NO POSSIBLE WAY to have made it appear in that advanced a state of decomposition within an hour or two out of the box. Their feud with you aside, given the state of the corpse, it HAD to have been dead upon receipt.
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Actually there is a legal blackmail case here. Legal blackmail is not just about revealing truths, but false claims as well. So the fact is that andrew can file a case against them for both blackmail and libel.
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04-12-2012, 08:29 AM
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#240
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Quote:
Originally Posted by edrizzle
why didnt the guy just accept his money back when he got offered?
he got two of his boys talking for him cuz he just got burned for 4.5k. i would do the same thing
who cares if he is a known snake breeder. the guy put two heat packs to send to a 80 degree destination from florida. people make mistakes even the best.
hes probably high as hell and is paranoid the guy intentionally killed the snake on purpose and feels they are crooks cuz he associates with people he dosent like. what a joke. this poor guy is out 4.5k and no snake?? lmfao.
i wonder what this guy is going to do with his money.. buy a motorcycle??
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I dont understand what your last 2 paragraphs are about. But I will say I was never offered a refund.
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