My name is David Means. I am posting here to warn everyone about Mike Losley. Mike and I made a trade that went bad on his part. All the details are in the emails below. I'm sorry this post is so long but I feel all the infomation in the emails are impotent. I apologize for any grammer and spelling errors on my part. I have done my best to list these emails in order. Thank you all for your time. Mike as been sent a link to this thread.
From:
mkl19602002@yahoo.com
To:
dvmeans@hotmail.com
Sent: Wednesday, May 10, 2006 3:15 PM
Subject: A message about your ad on
1450 gram Female ball
Dont know if you are interested but I have a trio (1.2) of CB emeralds. One female is potentially gravid have seen her locked up with the male. They are handleable. Let me know I might want to trade for your ball pythons or something else you have. Mike
David Means <dvmeans@hotmail.com> wrote:
Yes, I'm interested. Let me know what you have in mind.
Thank you, David.
540-xxx-xxxx
From: Mike Losey
To: David Means
Sent: Wednesday, May 10, 2006 6:59 PM
Subject: Re: A message about your ad on
I saw some of your pythons on fauna and saw that you were interested in a trade for Emeralds. Let me know what you have. Thanks, Mike
David Means <dvmeans@hotmail.com> wrote:
See any thing of interest? It may be helpful to talk over the phone, I can tell you more about what I have. You could call me or send me a number and I call you. Whatever work best for you.
Home 540-xxx-xxxx
Cell 540-xxx-xxxx
I'll be home till about 5:30 pm then I go to work.
Thanks, David.
David Means <dvmeans@hotmail.com> wrote:
I have a few offers on some of these, but you have first pick. Let me know what you interested in. If you need more pics, let me know. Delta flys into Charlottesville. Va. six times a day. I'm off work tomorrow, call anytime.
David
----- Original Message -----
From:
MLosey@linvatec.com
To: David Means
Sent: Friday, May 12, 2006 9:01 AM
Subject: Re: Snake pics
I like the 3 dumerils and the normal female and 1 of the het pied males. I would trade the 1.1 emeralds that are tame for this. Everyone pays their own shipping. You ship first and upon receipt I will ship. I am holding back the possibly gravid female right now until I get her vet checked. Also I could not ship until next Friday because the snakes are housed at my friends and he is on vacation till then.
David Means <dvmeans@hotmail.com> wrote:
I can get emeralds all day long for $300 ea. Your asking for the 3 dumerils ($350 for the three) The 1450 gram female ( I've been offered $300 for her), and one het pied. ($225 ea.). That’s $850. I'm also concerned that the emeralds are not being cared for for at least a week ( no clean water or clean caging) while your friend is on vacation. Also you can't ship on a Friday. This is what I'll offer - the three dumerils, the 1450 gram female, and the two het. for pied. males for the three emeralds shipped early next week. I pay shipping both ways, your choice of shipping both ways. You would ship first and I ship same day I receive emeralds.
Thank you, David.
----- Original Message -----
From: Mike Losey
To: David Means
Sent: Friday, May 12, 2006 11:00 PM
Subject: Re: Snake pics
David:
My friend may be on vacation but I have a key to his house and I am taking care of the snakes as well as his dogs. So yes they are being taken care of no problem. I will keep the emeralds. Thanks, Mike
David Means <dvmeans@hotmail.com> wrote:
You story sounded fishy anyway. First, you wanted to trade the 1.2 emeralds. Then trade the 1.1 emeralds and you "could not ship until next Friday because he snakes are housed at my friends and he is on vacation till then", but now you have a key to your friends house. So why would you need to wait to ship till next Friday if you had a key to your friends house? Not only that, why would you ship on a Friday? What I offered was fair, but whatever.
Thanks anyway, David.
----- Original Message -----
From:
MLosey@linvatec.com
To:
dvmeans@hotmail.com
Sent: Thursday, May 18, 2006 2:44 PM
Subject: Did you sell all of your ball pythons
David:
I still have the emeralds if you are interested in a trade if you still have your ball pythons. Lets talk. I assure you that there is no funny business going on.
David Means <dvmeans@hotmail.com> wrote:
This is what I have, let me know if your interested. I'm going to post these on fauna in a week, they should go fast.
If your not into carpets you could sell these and get good money for them. The jungles are from high yellow parents some from VPI bloodlines and are all unrelated. They are getting more yellow and black with every shed. These guys WILL make AWESOME breeders.
Thanks, David.
----- Original Message -----
From:
MLosey@linvatec.com
To: David Means
Sent: Thursday, May 18, 2006 4:39 PM
Subject: Re: Did you sell all of your ball pythons
How big are the balls and can you handle the carpets without getting nailed?
David Means <dvmeans@hotmail.com> wrote:
I only have the one ball. He is around 250 grams. Yes, you can hold the jungles. One female can be a little nippy at time when you go to pick her up from the cage but she is fine after that. The baby coastal's are nippy but it doesn't hurt when you get bit, they will stop when they get older with a little handling. The jungle/diamond is a sweetheart. All are eating f/t food.
David Means <dvmeans@hotmail.com> wrote:
Are you interested in a trade? If not let me know so I can post the carpets on fauna.
Thanks, David.
David Means <dvmeans@hotmail.com> wrote:
I see you have sold the male and have the two females on Reptile Auction. Will you trade for my carpets? I will ship first if you will ship the day you get the carpets or the day after. I'm offering three coastal babies and three VPI bloodline jungles. Each pays own shipping.
Thanks, David.
----- Original Message -----
From: Mike Losey
To: David Means
Sent: Tuesday, May 23, 2006 7:09 PM
Subject: Re:
David:
How big are all of the snakes and are they feeding good? They are probably nippy like all young carpets but do you think they will tame down? Are they related? Let me know. Mike
David Means <dvmeans@hotmail.com> wrote:
Hey Mike,
Call me, 540-xxx-xxxx
Thanks, David
We made a trade deal on the phone.
----- Original Message -----
From: Mike Losey
To: David Means
Sent: Tuesday, May 23, 2006 7:36 PM
Subject: Re:
David:
Nice talking to you on the phone. My ship to address is:
Mike Losey
xxxxx xxxxxxxx Crest Drive
Riverview, FL 33569
941-xxxx-xxxx is the contact number. Please reply with your information.
David Means <dvmeans@hotmail.com> wrote:
Mike,
My shipping info is:
David Means
xxx xxx street
Culpeper, Va. 22701
Home 540-xxx-xxxx
Cell 540-xxx-xxxx
Thanks, David.
David Means <dvmeans@hotmail.com> wrote:
Mike,
I'm getting ready to ship these guys out. I have three jungles that have a little more size and color to them if you would rather have them. They are from a deal that fell through. I believe one is a male and the other two are female. Same deal, the three coastal's and three jungles. Just let me know what three jungles you want.
Thanks, David
David Means <dvmeans@hotmail.com> wrote:
Hey Mike,
I had to ship was I went with the original deal. I will email you a tracking number soon.
Thanks, David.
David Means <dvmeans@hotmail.com> wrote:
Mike,
Here is the tracking number:
FedEx 729339991440
Email me when they arrive.
Thanks, David.
Mike Losey Wrote:
David:
Thanks for the number. I will let you know when they arrive. Sorry I have been in a meeting for all afternoon or I would have got back to you sooner. Mike
Mike Losey Wrote:
David:
The carpets got here just fine and look nice. The emeralds are boxed up and ready to ship to you. The UPS tracking number is 1Z152F1A0194327292. They are in separate bags inside a box with insulating peanuts. Mike
David Means <dvmeans@hotmail.com> wrote:
Mike,
These emeralds are covered in mites, and are very thin. There is no way either one is graved or has eaten in awhile. They look like fresh w/c emeralds. I sent you quality carpets and you sent me crap. What do you want me to do with these emeralds? You told me they were cbb. what's up with that?
David.
----- Original Message -----
From: Mike Losey
To: David Means
Sent: Saturday, May 27, 2006 8:00 AM
Subject: Re:
David I purchased those emeralds as cb. I knew that they had some mites but they were under control and with the use of some preventative stuff they were going away. The snakes ate 1 small rat a piece the day before we made the deal just like i told you. This why I did not ship till I did and I told you this.
David Means <dvmeans@hotmail.com> wrote:
You need to sent my carpets back. When I receive them I will send back your emeralds.
I called Mike: He told me to send the emeralds back and he would send me back my carpets if the emeralds were alive. He told me I was to pay shipping both ways. I told him the emerald were w/c and were in bad health, that they may not make it back alive. I told him I could not trust him and I was not going to send the emerald back because I was afraid he would not send back the carpets.
David Means <dvmeans@hotmail.com> wrote:
Mike,
You owe me for the vet bill I had to pay today (7-17-06) for the emeralds you sent me. They had mites when you sent them to me, have not held down a meal yet. I told you they were under weight, had mites, and not in good shape. Yesterday I found worms in there feces. Today they went to the vet. The vet bill is $98.48 and also you need to pay me the deference in the value of the snake you sent me and the snakes I sent you. Three VPI bloodline jungle carpet pythons value $225 ea. and three costal carpet pythons value $100 ea.
W/C emeralds run $175 ea. treated for parasites and eating.
Here is a total of what you owe:
Vet Bill: $98.48
Three Jungle Carpet Pythons: $225 X 3 = $675.00
Three Costal Carpet Pythons: $100 X 3 = $300.00
Subtotal $1073.48
Two W/C sick Emeralds: - $175 X 2 = -$350.00
Total $723.48
I hope we can resolve this without legal action. You told me these snake were cbb they clearly are not. That is fraud. I have a new friend that lives near you and he said he would pick up the money from you and sent it to me or you can send it to me. My new friends name is xxxx I think you may remember him, the guy that met you in the parking lot of the Cracker Barrel, you were going to trade him the emeralds you traded me. He told you then that the emeralds were not cbb and that they were sick.
If you don't pay what you owe in ten days I will take all necessary legal action. John has already said he would help me and go to the Hillsborough Sheriff's office to file a complaint. I will also contact the Attorney General in your state. This will not go away, please pay what you owe me. Send me a Fax number and I will fax you the vet bill.
Thank you, David Means.
xxx xxx. street
Culpeper, VA. 22701
Home 540-xxx-xxxx
Cell 540-xxx-xxxx
Mike Losley Wrote:
Do not contact me at work again. It is against the law and called harassment. I will press charges. You were offered a settlement and turned it down. So be it.
----- Original Message -----
From:
MLosey@linvatec.com
To: David Means
Cc:
jgoldberg@linvatec.com
Sent: Tuesday, July 18, 2006 9:45 AM
Subject: Re: Emerald tree boas
David:
These are the facts of the case which I think you may have lost sight of.
1. The emeralds were purchased by me as captive bred animals. That is how they were advertised to you. There was no intention of fraud, that is not how I do business. It remains a mystery to me that snakes have to be taken to the vet because of worm infested poop yet they don't eat. They were eating like clockwork while in my care.
2. The emails and the calls that you made as well as the name slandering that you proposed constitute libel and slander. In addition this constitutes tortuous interference in my business. A copy of all transactions have been sent to my attorney.
3. I have no knowledge of what you may have done to those snakes after they were in your care. The reason for the vet expense may totally be your husbandry practices and not the alleged shape the snakes were in when you received them.
4. I have no business with your new friend xxxx and as far as I am concerned he is not part of any transaction that you and I had. The fact is that I did not like the condition of his snakes as well and his business practices leave something to be desired. I have heard this from many sources so I urge you to be careful with this guy.
5. I have lost (death) of 2 of the carpet pythons that you sent me. They simply would not eat. I don't know why because they were kept in the same conditions as the others and the others are doing fine. This is 1 jungle and 1 coastal. I did not pursue you to replace these snakes or provide repayment of veterinary expenses.
Because I don't like to have dissatisfied customers and/or my name trashed, I am willing to offer the following settlement: This settlement is a one time offer. It is binding on both parties and I will make you sign a release that states that neither party to this transaction had the intent to engage in fraud and that this issue can never be made public in any form.
1. I will send you $100 via paypal to cover the vet bill on the snakes. This will be in your paypal account by July 31, 2006 assuming that you accept this offer by the set deadline mentioned below.
2. I will return to you via Federal Express overnight service 1 coastal and 1 jungle carpet python the following business day upon acceptance of this offer. I will pay the freight for this transaction.
3. Both parties agree that there is no intent of fraud or admission of guilt in this transaction.
4. Both parties agree that there will be no further business transactions with the other party.
I believe that this a fair and reasonable offer. It constitutes over half of the value of the transaction. It will not be amended in any form without written approval of myself. This offer is good until July 19, 2006 at 12 noon. You may accept/reject this offer by email to this address. Please keep in mind that if you wish to pursue this matter legally and consequently reject this offer, you will be dealing directly with my attorney. I will be happy to provide you with his name and contact information. If you choose to contact my attorney regarding the matter, any fees resulting from such contact will be your responsibility.
David Means <dvmeans@hotmail.com> wrote:
Mike,
These are the facts as I see them.
1. The emeralds you send me had mites, were underweight, and were in over all poor health. You admitted in an email to me after I received the snakes, that you knew they had mites when you shipped them. Someone (xxxx) told you that these emeralds were not captive breed and that they were sick, yet you still traded them to me as captive breed healthy snakes. As far as the worm infested feces. It is a known fact that emeralds don't defecate that often, maybe once a month or longer. The first time they defecated in my care was July 16,2006 and there was more worms than fecal matter. Also I never said that they would not eat, but that they would not hold down a meal. They have regurgitated every meal they have been offered.
2. Me telling others of my dealings with you is not slander if what I say is the truth, and the truth is the emeralds you sent me were sick underweight snakes that were infested with parasites inside and out. I have emails from you that show you can not be trusted and I can prove you don’t care about the snakes you sell or trade. You shipped these snakes in a box without any type of insulation ( packing peanuts are not insulation). As of yet I have not made any posts in any forums of my dealings with you.
3. I have ten other emeralds along with many other breeds of snakes and all are in perfect health. The emeralds you sent me are in quarantine and have been the entire time they have been in my care. They are each housed in new caging and have not come in contact with any other snakes in the time they have been in my care. I told you the day I received the emeralds that they were in poor health. You shipped the emeralds to me in an un insulated box with packing peanuts. That is no way to ship any reptile.
4. xxxx can and will testify to the health on the emeralds and that there is no way that they were captive bred.
5. If you did lose two of the carpets to death, this is the first I have heard of it. I would like to see some pictures of them dead and a copy of your veterinary expenses.
6. As for the clam of harassment: I have not harassed you, nor do I want to harass you. I am trying to collect on a trade that we made. The trade deal was for me to ship you three jungle carpet pythons and three coastal carpet pythons and you would ship me two female captive breed emeralds. I lived up to my part of our trade deal. The emeralds are not captive breed they are wild caught emeralds. You knowingly sent me emeralds that were sick and you know they were wild caught. That is fraud. As far as emailing you at work, that is one of the email address you used when we made the trade. In fact most of the emails I got from you were from you work email address.
7. Anyway you look at it, these snake were neglected when they were in your care. When I unpacked them and gave them water they drank water from a bowl for twenty minutes to half an hour. Emeralds rarely drink from a bowl.
With that said, I will accept your offer with these conditions:
1. The Jungle carpet and the Coastal carpet are shipped back to me healthy and mite free.
2. They must be shipped in an insulated box.
3. They must arrive alive.
4. They must be the carpets I sent you.
5. I want proof that two of the carpets I sent you died. Pictures of them dead or a copy of you veterinary bill will be fine or some kind of proof they died. If you can not prove that they died or that you took them to the vet. than you will need to return one more of the jungles or the value of the jungle $225
6. If the carpets are sent back unhealthy or have mites the settlement is void.
If you have any problems with these conditions please contact me by email as soon as possible. If you reject these conditions my next step will be to contact the Hillsborough Sheriff's office to file a complaint of fraud, I will also contact the Attorney General in your state, and file a small clams lawsuit where I will ask for the $723.48, any attorney fees, travel expenses, court and filing fees. I will also post in Fauna Classifieds and any other forums I wish, about the dealings I have had with you. I will only post the truth and what I can back up with emails pictures and any other proof I may have. Any information I receive as a result of theses posts I will use in my case. If anyone else has gotten bad reptiles from you and wants to help or add to my case they will be welcome to do so. I will not contact you or your attorney if you reject these conditions. As I said pay what you owe me or my next call will be to the Hillsborough Sheriff's office and to the Sheriff's office in my town to file a complaint of fraud. If I'm not mistaken fraud across state lines is a felony, and using the internet for fraud is also a felony. If your attorney contacts me I will give him my attorneys information, and I will add my attorney fees on my lawsuit. Any of your attorney fees are and will be your responsibly NOT MINE. You are the one who lied about the emeralds. xxxx has said he will testify in court to the health of the emeralds when he saw them. xxxx also will help with the filing of the complaints. I hope we can resolve this soon and with out legal action. I just want you to make this trade right. Thank you for your time.
David.
From:
MLosey@linvatec.com
To: David Means
Cc:
jgoldberg@linvatec.com
Sent: Wednesday, July 19, 2006 8:15 AM
Subject: Re: Emerald tree boas... Reviesed copy of my trems of settlement...Please read carefully...
My offer stands as I wrote it. nothing more nothing less. The snakes will be shipped back to you in an insulated box. Live arrival is guaranteed. They are the exact same snakes you traded me. Also please tell you new friend xxxx that he needs to stop the harassment. It is in his best interest to not be involved any further. If he persists there will be separate dealings with him drafted. Accept or reject my original offer as it stands and as you wish. You have till noon today.
David Means <dvmeans@hotmail.com> wrote:
Mike,
My conditions are fair. You have your conditions, I am willing to accept your conditions, but like I said, my conditions are fair. The emeralds are far from being out of the woods as far as health goes. They will probably need to go to the vet. a few more times. If you accept this settlement this will be as far as your responsibility for the emeralds will go. Any veterinary expenses after today will be on me. If you reject this settlement all veterinary expenses will be your responsibility.
As for xxxx, you need to take any problems you have with xxxx up with him. All emails between you and I are being forwarded to xxxx. In the event you reject this settlement xxxx will be taking a copy of the emails along with a package containing pictures and the vet bill, that I will be sending overnight to him to the Hillsborough Sheriff's office.
The only conditions you seem to have a problem with is the carpets being healthy and mite free, and proving you took the carpets to the vet. or that they died. You said you had vet. expenses from the carpets I sent you. Unless that’s a lied it should not be hard to prove you took them to a vet..
David.
From:
MLosey@linvatec.com
To: David Means
Sent: Wednesday, July 19, 2006 9:11 AM
Subject: Re: Emerald tree boas... Reviesed copy of my trems of settlement...Please read carefully...
Just need a statement from you stating that you accept my conditions and tomorrow the snakes will be on their way unless you prefer they ship on Monday so there is not a possibility they get stuck somewhere on the weekend. Usually I dont like to ship later than Wed but that is your call. The snakes are mite free and as I said before I do not have pics of the deceased snakes. I guess we can get this settled or we can see each other in court.
David Means <dvmeans@hotmail.com> wrote:
Mike,
As far as the carpets go, you said you had veterinarian expenses, Send me a copy. I will accept that as proof. My vet. said they are w/c. I can take them to more vets. I'm sure they will say the same. If you accept my conditions I'll accept yours and you can ship on Monday.
From:
MLosey@linvatec.com
To: David Means
Sent: Wednesday, July 19, 2006 9:36 AM
Subject: Re: Emerald tree boas... Reviesed copy of my trems of settlement...Please read carefully...
David:
I don't have any copies of veterinary bills here at work. My reptile business is done out of work and I don't mix the two. I don't take dead snakes to the vet. They would not eat. I tried assisted feeding and they would not eat. When they were deceased I threw them out and wrote it off to experience and to the business as lost revenue. You have to understand that sometimes I get bulk shipments of reptiles in. Sometimes from a breeder sometimes from collectors or whatever. My plan was to sell the carpets initially but I did not get much response. So I have decided that I will keep them raise them up some and use them for breeding or maybe sell them when they are bigger to try to recover some of the loss from this transaction. I have a meeting at 10am and will be out of the office till afternoon. I hope that you can accept the terms and we have a settlement.
David Means <dvmeans@hotmail.com> wrote:
Mike,
You can sent a copy of the veterinary bill with the carpets or fax it to me when you get home. You told me that you had veterinarian expenses from the carpets. Was this a lie? I accept the settlement if you accept my conditions. The conditions are fair. Can we settle this? I want this to be done with, but am prepared to go to court if that’s what it takes. For me it's not about the money, it's about getting what I was told I would get in the trade. I did not get what I was told I would get. These emeralds have and are still going to cost me a lot of time and money.
David
From:
MLosey@linvatec.com
To: David Means
Sent: Wednesday, July 19, 2006 9:56 AM
Subject: Re: Emerald tree boas... Reviesed copy of my trems of settlement...Please read carefully...
I am not sending you another jungle carpet which is what your conditions want. Take the offer or reject it. I dont have any vet bills that say 2 carpet pythons treated. I have generic vet bills from when he reviews the shipments I get in. Either take my word that they croaked or dont. It is not about the money for me either it is about being fair and me trying to provide a fair settlement. I have made a fair offer.
David Means <dvmeans@hotmail.com> wrote:
Mike,
I'm sorry I can't take your word for it. You told me the emeralds were cb and the are not I can't trust you. I will take out the part in my conditions about the proof of death of the carpets, but the rest of my conditions stand. Do we have a settlement? Do you accept my conditions minus condition number five (5. I want proof that two of the carpets I sent you died. Pictures of them dead or a copy of you veterinary bill will be fine or some kind of proof they died. If you can not prove that they died or that you took them to the vet. than you will need to return one more of the jungles or the value of the jungle $225)? If you accept, we have a settlement.
David.
From:
MLosey@linvatec.com
To: David Means
Sent: Wednesday, July 19, 2006 9:56 AM
Subject: Re: Emerald tree boas... Reviesed copy of my trems of settlement...Please read carefully...
I am not sending you another jungle carpet which is what your conditions want. Take the offer or reject it. I dont have any vet bills that say 2 carpet pythons treated. I have generic vet bills from when he reviews the shipments I get in. Either take my word that they croaked or dont. It is not about the money for me either it is about being fair and me trying to provide a fair settlement. I have made a fair offer.
David Means <dvmeans@hotmail.com> wrote:
Mike,
The last offer I made you was fair. I have not heard back from you. Dose this means you rejected this offer? As far as you being fair, fair would have been for you to send me two c/b healthy emeralds to start with. I have to work the next two night and will not be on the net much. I told you I would give you ten days to make this trade deal good, you have eight more days before I start talking to the law. You should think long and hard about about a FAIR settlement. I don't want not bring the law into this, but I will. You owe it to me to make this deal right. In the next few days I'll send you an email with all the evidence I have and how tight my case will be. This is not a game, what you did was fraud.
David.
David Means <dvmeans@hotmail.com> wrote:
Mike,
I sent the email below to you at 10:13 am on 7-19-06 you never responded to this email. It was more than fair. If you wish to send me the name and contact information of your attorney that is fine. I will not contact your attorney but he/she is welcome to contact me. As I said before my nest step will be contacting the law. I do not take responsibility for any of your attorneys fees. You will still have the ten days I give you to resolve this before I contact the Hillsborough Sheriff's office, and file a small clams suit and whatever other steps I feel are necessary You have seven of the ten days remaining. You must think I am playing, I'm not. This is not a game to me. As for the carpets, I am emailing the breeder now for the paper work you asked for. I only represented the three jungle carpets as VPI bloodline and yes they are. I have the email I sent you to back this up. Unlike you I don't lie about the snakes I sell or trade. As for the emeralds, who was the breeder that breed them? Who did you buy them from? If they were captive bred, this should be easy to answer. I would love to send some pictures to the breeder of the emeralds to see if they remember them.
I have the emails where you told me the emeralds were captive breed. I have worked with reptiles for over twelve years. I specialize in captive born and bred reptiles. I know what to look for in captive born and bred reptiles and can tell the deference between captive born and bred and wild caught reptiles. I told you the day I received the emeralds that they were not captive breed. I have never seen so many mites on two snakes in all the years I have worked with reptiles. The mites were so bad that they were behind the eyes, pushing the scales around the eyes outward, they had mites in their nostrils, in the pits around their mouths, and all over their bodies. The emeralds were underweight and drank out of water bowls for twenty to thirty minutes, as I said before emeralds rarely drink from water bowls. The emeralds have regurgitated every meal they have been offered. These emerald had internal parasites. All of these things are found in wild caught emeralds. I have a vet statement the says the emeralds are wild caught. I have a witness that saw the emeralds when in your care and will testify in a court of law that the emeralds were sick, and had many characteristics of wild caught emeralds. xxxx told you that the emeralds were not captive bred. I have an email from you saying that you knew the emeralds had mites. Our deal was for two female captive bred emeralds, the emeralds you sent me are not captive bred emeralds, point blank. In one of the emails you sent me you even said that the emerald were handleable, that was I lie. I can't walk in the room without the larger female striking at anything that moves. You definitely can't hold either one of them. These emeralds have been nothing but trouble, they have taken up a lot of my time and money. The day after I received the emeralds I had to drive a hour one way just to get a can of prevent-a-mite just for these emeralds. I have to treat all my snakes just in case some of the mites made it to my snake room. You keep saying you settlement is fair. What would have been fair would have been for you to send me two female captive breed healthy emeralds. I have pictures of these snakes, your emails, a witness, a vet. statement and more. I have a strong case. I can prove you have lied about these emeralds and lied to me.
Email me the breeders of the emeralds names and contact info and the name and contact info of the seller. I am still willing to settle this but it look as if you do not,
David.
----- Original Message -----
From:
MLosey@linvatec.com
To: David Means
Cc:
jgoldberg@linvatec.com
Sent: Friday, July 21, 2006 8:39 AM
Subject: Re: Fw: Emerald tree boas... Reviesed copy of my trems of settlement...Please read carefully...
blah blah blah that is all I hear the same stuff over and over. contact the attorney.
David Means <dvmeans@hotmail.com> wrote:
Who did you buy the emeralds from? Who breed the emeralds? I've have the proof you wanted about the carpets, I will forward it to you when you tell me who breed the emeralds and who sold the emeralds. I will need there names and contact info. You can tell you attorney to contact me as I do not have the contact info. You have six days before I take legal action.
David.
Mike Losley Wrote:
David:
Thru this whole series of emails and accusations, you must of thought that I am playing. I have given you 2 very fair chances at settlement and have not heard from you. The first offer was to send the emeralds back, upon receipt I would send the carpets back and I wanted you to pay the shipping. The second offer was 1 coastal and 1 jungle with $100 for vet expenses and you did not respond by a very generous deadline. I am not interested in carrying this any further. The snakes got there alive which is what a lot of people in the industry provide as a guarantee. You can contact me 1 more time for the name and contact information of my attorney. He will be handling all of this personally from this point forward. We have made 2 good faith gestures to get this thing worked out and you don't seem to want to get things worked out so at this point in time it is better you contact him directly.
Buyers/Traders remorse does not constitute fraud. You represented these carpets as VPI bloodlines. Where is the proof that they are VPI bloodlines. Please provide this with a proof of genetics or a receipt from VPI. If you cannot prove this then we will have a counterclaim for fraud.
"Fraud - A deliberate disception perpetrated for unlawful or unfair gain" Websters II New Riverside Dictionary. Good luck proving that we knowingly and deliberately traded you snakes for unlawful or unfair gain. We bought snakes under the pretense they were captive bred, we traded snakes under that same pretense.
David Means <dvmeans@hotmail.com> wrote:
Mike,
fraud 1 deceit; trickery 2 Law intentional deception 3 a trick 4 an impostor ( Webster's New World Dictionary )
I won't have any trouble proving number two " Law intentional deception "
From:
MLosey@linvatec.com
To: David Means
Cc:
jgoldberg@linvatec.com
Sent: Friday, July 21, 2006 9:23 AM
Subject: Re: Fraud
It is really too bad that you cant see the real facts of the case. Prove what you think you can prove. The facts are you were traded snakes that were advertised as 2 captive bred females because I purchased them as 2 captive bred females. No fraud exists. Really lets don't rehash this whole thing. You were offered a generous settlement on two different occasions and chose not to accept either settlement. It does not make me happy that we have these issues. I take the issues and the accusations very seriously.
David Means <dvmeans@hotmail.com> wrote:
Who is your attorney?
David.
David Means <dvmeans@hotmail.com> wrote:
Mike,
This will be my last attempt to settle this. I believe it is fair for both parties. If there is anything you would like to add let me know.
Terms of settlement.
1. You send me $100 via PayPal to cover my vet. bills on the emeralds. The $100 must be in my PayPal account by July 31,2006
2. You return one jungle carpet and one coastal carpet to me. The two carpets must be from the six I sent you. The carpets must be mite free and arrive alive. They must be shipped no later than Wednesday July 26, 2006 in an insulated box via Federal Express. Shipping will be paid by you. Or the carpets can be pick up by xxxx at a meeting place that you both agree on, no later than July 31, 2006. This will save you the shipping.
3. Both parties agree that there is no intent of fraud or admission of guilt in this transaction.
4. Both parties agree that there will be no further business transactions with the other party.
5. I will forward you the statement the breeder sent me as to the jungles VPI bloodlines. He confirms the bloodlines in this email.
6. I will sign a release that states that neither party to this transaction had the intent to engage in fraud and that this issue can never be made public in any form.
Mike's Boss Wrote:
David,
While I appreciate the situation you are dealing with, it appears you are dealing from an emotional stand point and not looking at it from a business view point,
I am going to only ask you once to refrain from sending any more e-mail regarding this to the Linvatec e-mail system. Mike has previously made this request.
Please do what ever it is you feel you need to do else where.
It appears the offer Mike made of sending you two snakes back, paying your vet bill results in you recouping almost 73% of your claimed value of $1073 for the entire transaction / trade.
The return of two snakes valued by you at $325, vet bill of $100 and two emeralds valued at $350 (per you) = $775
So you maintain that the $298 difference is worth court, continued BS and your time. From the sounds of it, your time is not that valuable as you probably earn minimum wage.
As stated above cease immediately using this e-mail.
You are going to spend dollar's to save pennies. The snakes were represented exactly as they were purchased. They were guaranteed to arrive alive and they did. The vet bill would never be paid by any other dealer. If you remove the $100 vet bill you are chasing $198 difference. The offer presented then actually represents 80% recovery for you. Add in the cost of shipping the two snakes back and your at 90%. Add in the two dead snakes and you actually come out ahead. The snakes are dead, there are no pictures and that is that!
If you cannot earn more then $198 with the amount of time you are spending on this then you are probably just a minimum wage earner that lives pay check to paycheck.
You have been asked nicely to stop using this system. Anymore communication through this system will not be tolerated.
Take your case to the court to chase your $198.00. At that value it is less then a misdemeanor and will probably be dismissed in court as a nuisance case.
As a business man sell the two snakes, or what I would do is donate them to a school and take the tax write off. You will actually make more money on the tax savings depending on your income level rather then chasing the $198.00
I will not reply to any further communication and do not contact me.
Thank you advance for taking you issue up with Mike outside of this system.
Respectfully,
Jeff Goldberg
From:
MLosey@linvatec.com
To:
dvmeans@hotmail.com
Sent: Thursday, July 27, 2006 8:15 AM
Subject: Contacting you
David:
I got your message on the auction to contact you. I have been out of town with business for a couple of days.
David Means <dvmeans@hotmail.com> wrote:
Mike,
I was told not to contact you at your work email. If this is going to be a problem tell me now. Do you have another email address? Do you still use
mkl19602002@yahoo.com.
From:
MLosey@linvatec.com
To: David Means
Sent: Thursday, July 27, 2006 8:36 AM
Subject: Re: Contacting you
Yes I still have that email address. You may contact me at this work email address until we get things resolved. I am still hopeful that we can resolve things. If I have to go out of town though, it may be a couple of days before I get the email. So don't think I am ignoring your emails. Usually I know in advance before I go.
David Means <dvmeans@hotmail.com> wrote:
Mike,
The small emerald died at 3:20 am July 27, 2006. I had done everything I could to keep her alive. I put her body in the freezer in case I need to have a necropsy done. I will email you pictures at you request I take that you should contact who ever sold you the emeralds and tell them that they were not captive breed. I just want this mess over with. Can we work something out? Email me back with will you thank a fair settlement would be.
David.
From:
MLosey@linvatec.com
To: David Means
Sent: Thursday, July 27, 2006 9:18 AM
Subject: Re: Contacting you
David:
I am sorry to hear about the loss of the small emerald. I know that you did everything you could. I have had that happen and it is an empty feeling so I know what you are going thru. I just want the mess over with also in fact I would like to consider business with you in the future if that is possible. I don't want to make any hard feelings with anyone. I can send you back 2 jungles (1 passed away) and 2 coastals (1 passed away). I will pay the shipping. They will be sent professionally and the snakes appear to be in good health and they are eating and growing. They dont have any mites and I can treat them with provent a mite if you would like. I now use that stuff for all of the cages, etc. I think this is fair let me know if you have a different opinion. Mike
David Means <dvmeans@hotmail.com> wrote:
Mike,
We have a settlement. No hard feelings. Let me know when you ship.
Thanks, David.
----- Original Message -----
From:
MLosey@linvatec.com
To: David Means
Sent: Thursday, July 27, 2006 9:44 AM
Subject: Re: Contacting you
David:
Sounds good. I cannot ship today and based on the weekend coming I will ship on Monday. How is your weather do I need any cool paks in with them? I will be shipping Fed X.. Please also give me your ship to address. Thanks, Mike
David Means <dvmeans@hotmail.com> wrote:
Mike,
It's in the 90's use your judgment as to the cool packs. Ship to:
David Means
xxx xxx street
Culpeper, Va. 22701
Thanks, David.
From: Mike Losey
To:
dvmeans@hotmail.com
Sent: Monday, July 31, 2006 1:12 PM
Subject: Shipment has left
David:
Fed X now has your shipment. I hope that you got the notice of the tracking number from the Fed X website. I will be at work tomorrow please let me know how they arrive. They are packed with an ice pack so things should be ok. Thanks, Mike
David Means <dvmeans@hotmail.com> wrote:
Mike,
I just got the carpets. Let me say, they are in bad condition. I am not happy with them at all. The worst one is one of the coastals, it has blisters all over him. All have swollen eyes and shed skin on there heads. Looks like they may have mites imbedded around their eyes. They will all need to see a vet. You told me they were healthy, they are not. Why would you send me these snake back in this condition? If the other two carpets died it is because of your doing. I want to know what you are going to do about this. You must have known I would email you about this. These snake are now worthless. When I sent them to you they were in perfect health.
David.
From:
MLosey@linvatec.com
To:
dvmeans@hotmail.com
Sent: Tuesday, August 01, 2006 1:36 PM
Subject: Did you receive package?
David:
I got an email from FEd x saying the package was delivered. Did you get the snakes? Are they ok? Please let me know. Mike
David Means <dvmeans@hotmail.com> wrote:
I sent you and email already. I am very upset.
David.
-----------If anyone wants to see pics of the carpets he sent me back, please email me at
dvmeans@hotmail.com----------------
. He's either just helping out his friend so that you don't have a means to contact him, and to make it look like you are getting a good deal, or he needs to restrict his employee from using the work e-mail to begin with. As a "boss" he sounds like a jerk anyway, keeps talking about minimum wage, and that's why this is so important to you, when it has as much to do with ethics, and proper business dealings, so one would assume he is a jerk of a boss or business owner.
Hybrid Mode
