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Bad Guy Dereks-Dragons (Derek Baisley)

joshjtd

New member
Joined
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Messages
346
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Location
Rapid City, SD
I was hoping to avoid having to go this route but it appears as though this is what he would like to do so here it goes:

I had made a purchase from Derek on Thursday 6-23-11. Here is the ad in question http://www.faunaclassifieds.com/forums/showthread.php?t=252581 Now in the ad he states that the gal is a year old and 16-17" long. In the pic she also appears to be very orange. I agreed to make the purchase and sent Derek $415 which included shipping.

Here is where things go bad. Derek send be the tracking number and states that it will be here on Friday 6-24-11. The animal was shipped out via USPS. I know some folks have had good luck with them but I will not ship animals unless it is a guaranteed overnight delivery. I track the animal on Friday and it states that it was still on the other side of the state. I called my local PO and told them the situation. The lady took my name and number and said they would call me when the got the package. I got a call at about 1:15am today and told them to hold the package and I would get it this morning. I was at the post office at 9:00am to get her. I have recorded the unboxing as I do with all my purchases incase of an incident. I will be posting the video shortly. When I opened the box, what I saw was heartbreaking. The animal inside was very dehydrated and malnourished. I sent Derek a text stating I was going to let her warm up but it looked nothing like the dragon from the ad.

I got her home, gave her a bath, and some food and water. This gal was not an adult. The ad states 16-17" and 275g. I measured her and she was 14.5" tip of tail to tip of snout. I am waiting on my new scale but she can not be more than 175g. There is no way that she is an adult. The worst part is that she has the bite marks on her neck from being bred.

I contact Derek to tell him this is all wrong. I explained that this is not what I purchased and we needed to make this situation right. Derek then asks what I would like to do. I stated I would take a full refund or a partial depending on if we can to terms on something. He asked what would work for a partial and I stated $300. He stated that was not an option and would refund me $385 if I shipped the gal back to him. I told him that I am not going to eat shipping cost for a blatant misleading add. I told him I would ship her back via UPS overnight on his dime and would then like the $415 refunded. He stated he would not refund shipping and that I was trying to get the dragon and my $ back. I then offered him the option of a partial refund of $235 to save the amount of stress on the lizard. He wouldn't take it and then began to open a BOI thread.

Derek has been notified of this thread and I will be posting my evidence of this transaction as soon as I finish some running around.
 
joshjtd to 8452831990
show details 9:58 AM (4 hours ago)
Just got her... I am giving her a few hours to fire up bit she looks much differnt than posted
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[email protected]on to joshjtd
show details 10:06 AM (4 hours ago)
Give her time to warm up. Also keep in mind she's in a shed. Should brighten up after.she was fine here
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joshjtd to 8452831990
show details 10:07 AM (4 hours ago)
I also got her at 14.5 inches long. How old did you say she was?
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[email protected]on to joshjtd
show details 10:39 AM (4 hours ago)
Hey man I just typed u a releeeeee long email I'm trying to send it I can only send it from my phone because our cable and internet is still out
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[email protected]on to joshjtd
show details 10:43 AM (3 hours ago)
Lmk if it went through
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[email protected]on to joshjtd
show details 10:52 AM (3 hours ago)
Okay it just said sent
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joshjtd to 8452831990
show details 10:53 AM (3 hours ago)
I got ot and replied
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[email protected]on to joshjtd
show details 11:32 AM (3 hours ago)
Check Ur email
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[email protected]on to joshjtd
show details 11:40 AM (3 hours ago)
I'd like to get this settled
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[email protected]on to joshjtd
show details 11:57 AM (2 hours ago)
?
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joshjtd to 8452831990
show details 12:24 PM (2 hours ago)
One moment
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joshjtd to 8452831990
show details 12:26 PM (2 hours ago)
I would like to get this settled also. I would accept a partial refund of 300.
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[email protected]on to joshjtd
show details 12:32 PM (2 hours ago)
So wait. In other words you want to keep the lizard and get 300$ back? That's not right that means you Payed 85$ for her and she's worth 400+ I lowered the price from what I Payed. So we have 2 options here. You keep her and we end this here or you pay to ship her back and if she arrives back here alive and well I refund you 385.
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[email protected]on to joshjtd
show details 12:37 PM (2 hours ago)
Ive already lost money on her I can't lose any more
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joshjtd to 8452831990
show details 1:13 PM (1 hour ago)
I am not paying for a lizard that was advertised as one thing and delivered as another. I will ship her back on you dime as accept a full refund of 415
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joshjtd to 8452831990
show details 1:14 PM (1 hour ago)
Then I would suggest being honest in your adds
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[email protected]on to joshjtd
show details 1:19 PM (1 hour ago)
I'm trying to meet you here, I posted everything about her, I'm offering you the 385 for the lizard. I'm not paying for the shipping. I'll refund the LIZARD not the shipping. I'm trying to meet you half way here. I told u everything and you didn't question it until you got her. I'm trying to help here and I'm offering to take her back because you obviously don't want her, even though you already tried to get the lizard AND the money
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[email protected]on to joshjtd
show details 1:20 PM (1 hour ago)
NOBODY refunds shipping. I'm offering to refund the lizard and thats it.
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joshjtd to 8452831990
show details 1:23 PM (1 hour ago)
You have left me no choice. I will be opening a BOI thread shortly. I will proceed with the paypal claim and will persue other options as well
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[email protected]on to joshjtd
show details 1:25 PM (1 hour ago)
Because of the 30$ shipping. Nobody ever refunds the shipping and its a worldwide known thing thatt the seller does not refund the shipping.
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joshjtd to 8452831990
show details 1:26 PM (1 hour ago)
Most people give an accurate representation of the animal they are selling
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[email protected]on to joshjtd
show details 1:29 PM (1 hour ago)
And I did. You knew what you were getting and I offered to refund the money. Nobody refunds shipping and you know that. You tried to then take both the lizard and 300$. Which is wrong. I sold her as what she was sold to me as. And you knew everything about her when you ordered her.
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joshjtd to 8452831990
show details 1:41 PM (1 hour ago)
I am not trying to scam you. If i didnt want her i wouldnt have sent you money. What i paid for was not what i got
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joshjtd to 8452831990
show details 1:43 PM (58 minutes ago)
I am giving you this last opportunity before proceeding. Since the ad was falsified, I am requesting full refund and shipping on your dime. I am not going to be out 80 for your dishonesty
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[email protected]on to joshjtd
show details 1:43 PM (57 minutes ago)
Yes it is. What you Payed for is what,you got. There's nothing different about her. I admit I mis-typed her size unknowingly and I apologised for it. I'm trying to settle this rationally by offering a refund. Nobody refunds shipping costs though. Not in the reptile market nor with anything else.
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[email protected]on to joshjtd
show details 1:46 PM (55 minutes ago)
Yet you were trying to put me out 300$ all that was mislabeked was the length and I apologiseed for that. Not like the length changea her age or anything she's still growing. It was not dishonesty it was a simple mistake that I did apologise for. Now if you are gonna not want her just,because of an inch and a half in length than this is a whole different thing.
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joshjtd to 8452831990
show details 1:49 PM (52 minutes ago)
I would be shipping back via UPS which is the way it should have been done. That would put me out 80 for your false advertising. So those are my options. In her current state, she would be worth 150 on the high side. I will take a partial refund of 235 or a full refund including shipping
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[email protected]on to joshjtd
show details 1:54 PM (47 minutes ago)
Theres nothing wrong with her condition! Yeah she's a little skinny but that's because she has layed 3 clutches of eggs. You were told Usps before she shipped and Usps has never been a problem I use Usps to save my buyers shipping costs
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joshjtd to 8452831990
show details 1:55 PM (46 minutes ago)
Then what i am hearing is you are not wanting to settle this like adults
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[email protected]on to joshjtd
show details 1:56 PM (44 minutes ago)
No. What you are hearing is me trying to refund you the money I git for the lizard. Shipping has nothing to do with me
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joshjtd to 8452831990
show details 2:00 PM (41 minutes ago)
It does when you mislead people on what they are buying. please reply with what option you are taking so i can act accordingly
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Josh Davis to derekbaisley32
show details 10:19 AM (4 hours ago)
Derek,

Per our text message exchange, the dragon I got was different from the dragon you posted. There are a lot of things wrong with this transaction. I will address them in order:

1. The dragon shipped to me was shipped via USPS 2 day. This is not responsible shipping.
2. The dragon shipped to me was very dehydrated and looks VERY skinny.
3. The dragon shipped to me is in no way shape or form an adult.
4. The dragon shipped to me is not the same dragon pictured.


I am willing to work this out with you to get the issue resolved. Please let me know how you would like to proceed.

--
Thanks,

Josh Davis
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Derek Baisley to me
show details 10:39 AM (4 hours ago)
And here are the answers to all those. I did Usps priority overnight. So obviously Usps messed that Uo but again dragons can live 2 days no problem in the mail. She is an adult. In case you did not know this not all adult females actually get that big every dragon is different. She is a year old. No female under a year will be able to lay 3 fertile clutches. Of corse she is a little skinny SHE'S BEEN LAYING EGGS THE PAST 3 MONTHS. She IS one one pictured, look at the pattern and all. Now I apologise if you do not like her. I sold her as she was sold to me. I have adult dragons that are both massive and some that are on the smaller side but the female I shipped you is only a year old and still has some growing to do. I personally don't think that she would have been able to lay 3 fertile clutches under a year old. If youd like I can contact the lady I got her from? Please just list your questions and ill text her right away and forward her texts over to you. The pictures I sent u I sent u three. The same 3 that I got when I bought her ( because my camera was lost so I just sent u the same pics ) but she was bright and looked just like the pics when I had her up until last week or the week before when she started going into a shed. I had noticed that she was brightest when she was the warmest so what is your basking temps?. I'd like to try and get this solved, I again apologise I just sent her as she was sent to me. So please text me your questions for the lady I got her from and ill contact her ASAP. Also if you'd like to contact dachiu? I'm sure they can confirm her age and such because they are the breeder that produced her. I was told a year and I'm not sure that females can produce fertile eggs under a year? I'm also not the person who bred her, the lady I got her from is the one who bred her to a hypo het trans leather male.

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Josh Davis to Derek
show details 10:51 AM (3 hours ago)
Derek,

Thank you for the reply. I must inform you that I have been keeping reptiles for 14+years. I would expect that a female that has laid eggs would be skinny but the problem is that she should not have been bred in the first place. She measured 14.5" and you stated in the ad that she was 16-17". My new scale should be here early next week but I can promise this gal is no where near 275g. As for the fertile clutches, there is a bit of an error with your story here. You stated she has been laying eggs for the last 3 months? Yet I asked about if you can confirm she was proven double het and you stated none have hatched. 3 months ='s 90 days. Hatching takes about 65-70 days...

I am hereby requesting at least a partial refund. This gal is not breedable and was horribly misrepresented. Please let me know your next move.
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--
Thanks,

Josh Davis
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Derek Baisley to me
show details 10:55 AM (3 hours ago)
Actually she has been laying for 3 months(I'm saying 3 months because she's layed 3 clutches this year) incubation can take up past 80 days at lower temps and the lady is incubation them lower temps so they develop slower because there will be silkie babies in there. I was not the one who bred her and again I truthfully did not measure her because I just listed her as I had bought her listed as I did not have her long. It's not my problem that she should not have been bred because I truthfully agree with you that she should not have been. I'm not the one who had bred her

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Josh Davis to Derek
show details 10:58 AM (3 hours ago)
Ok Derek. I am requesting a refund as this transaction was nothing as it was posted. Please let me know your intentions.
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--
Thanks,

Josh Davis
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Derek Baisley to me
show details 11:02 AM (3 hours ago)
I gave you all information. Told you everything about her sent u pics and everything. And even lowered the price to less than I Payed for her for you.

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Josh Davis to Derek
show details 11:05 AM (3 hours ago)
Derek the info you stated was incorrect. If you are unwilling to work with me here, I will be forced to post in the BOI. I ask that you see reason and understand what has happened. I will even take a partial refund if you dont want to to a full.
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Thanks,

Josh Davis
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Derek Baisley to me
show details 11:09 AM (3 hours ago)
Okay here, let's try and work this out. I'm just gonna say once more that i don't see what is incorrect about it I told u everything about her. But here's what we can do. If you want a full refund you have to pay to ship her back to me and I can't refund the shipping money that was used to shil her to you. You ship her back and ill refund the 385. Or we can try and work something else out I'm not sure how partial refunds work

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Josh do you have ad pictures of the critter you selected, and can you snap a picture of her now to compare, and post?

I would certainly think that if you got a completely different animal than what was agreed upon, the seller should pay shipping back. Let's see pix please.
 
Sorry for the pics as I am in the market for a new camera thanks to my toddler.

The first pic is of the dragon Derek sent me. Please keep in mind that this is after a few baths and an all you can eat buffet of dubia roaches for her (which she ate a ton.

The second pic is side by side of a 5 month old male I got from another Fauna member a few months ago. (I have her in a QT tank solo. I put him in there for a quick side by side shot.)
 

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That article is a good one Lucille. No where does Derek have a TOS nor was one discussed as I didnt buy the dragon with the intention of returning it.
 
Other notable things:

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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Do you still have the probable double het female?
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Yes
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Are u interested?
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Very much so. I know you staTed she has layed 3 clutches already. Any hatch out yet?
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Nah the first one should be hatching out within yhe next few weeks but I can't hold her that long, she should have more clutches coming as well
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Hmmm let me see what i can do
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Okay lmk. Can't go lower on the price already dropped it too Mich Im losing $ on her as it is. She Shud lay more eggs and tgere will be silkies in the eggs she was bred to a leatherback
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
What would her price shipped to 57701 be?
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
57702 rather
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
415 shipped
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
I will send payment tomorrow
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Or i may have just accidently sent you payment via paypal to your mail address
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Did u send the payment ? Haha
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Yes to the Google mail address
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Paypal is [email protected] ill check it tho cuz I think my gmail is on the same paypal
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Yeah i forward you the receipt
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Okay ill check in a minute I'm feeding all the lizards at the moment
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Hasn't gone thru yet. Want her shipped tommorroww if the payment goes through ?
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
As long as you ship overnight tomorrow works
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Yes I only ship overnight. And Usps ships saterdays as well so I can shop out almost every day :p
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Hey man the payment still hasn't gone through..
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Let me check what is up
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
If needed i will cancel that one and send another
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Okay thanks. Might be becaise the main paypal account email is [email protected]? My gmail is on the paypal it just isn't the main one
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Just do that so we know we are sure lol
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
K i may not be able to send new payment until the morning. I have lizard keeping to do and my wife works tonight so i am on Mr mom duty
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Lol okay. I won't be able to ship her out tommorroe though
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
Ok so you can't ship tomorrow? Your text earlier said you could?
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
If the payment comes today I can. If it comes tommorroww I might not be able to because I won't have access to a computer tommorroww to make sure the payment came
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joshjtd to 8452831990
show details Jun 22 (3 days ago)
K we can wait until Monday then. I will touch base with you then. Sorry for the trouble
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[email protected]on to joshjtd
show details Jun 22 (3 days ago)
Nah its not a problem im just glad she's got a new home. Just shoot me A text when you send the payment
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
Payment sent
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
Okay thanks ill check from my phone later. Had some bad storms yesterday and we apparently will have power but no cable or internet until july 9th
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
If you cant ship today please let me know
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
Okay np.
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
I need your name number and address please
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
Josh Davis
6054303852
Ship to:
1935 Fountain Plaza Dr.
Rapid City, SD
57702
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
I am assuming you got payment this time right?
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
Yes I got it and I'm going to try and ship her out in a few minutes ill keep u updated
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
She's shipped
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
Have a tracking number by chance?
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
Eg832324248us
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
Carrier?
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
Usps
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
Can't talk on the phone.
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
Have an issue. The place i had you ship was to my work. They dont have a mail box and usps will return packages. Can we call them and get it held at my local post office
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
We had it sent so a signature is required he said if there's nobody there then it will be brought to your post office Nd they will call you to tell you its there.
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
Did they give you an estimated arrival time?
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
They always say a late time so I didn't even listen lol
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joshjtd to 8452831990
show details Jun 23 (3 days ago)
How about arrival date?
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[email protected]on to joshjtd
show details Jun 23 (3 days ago)
They again say a later date, said saterday. Should be there tommorroww but if not she will be fine ive has one live a week in the mail.. it got lost
 
I would certainly think that if you got a completely different animal than what was agreed upon, the seller should pay shipping back. Let's see pix please.

Other aspects aside, the markings do appear to match between the Ad picture and what was received.
 
It is th same drsgon. All thstcwas mislabeled was the length which i must have apologised 5 times about. I Payed no attention to that. If she wasmt a year old then how did she produce 3 fertile clutches. And please dont make itout to sound like I didnt tell u she was bred. I told u all Bout how she was bred, how the lady I got her from bred her, about her ckutches and all. She's in no way malnourished. And I had also told u she's starting a shed because I got her about a month ago and she was Orange like that and about 2 weeks ago she started dulling down and starting a shed. Go ahead and look. Thecmarkings are the same. It's the same dragon. My internet is down from a major storm so im on frkm my phone but if somebody wants, contact dachiu. They are the ones who produced her and i'm pretty sure they can confirm the age. I resold her as she was sold to me. A year old. And if she wasn't a year how is she producing fertile clutchs so smoothly. She should not have been dehydrated unless it happened during shipping becausee she actually drank straight frkm the squirt bottle daily. I think your Blowing this out of proportion there is nothingbwrong with her. And it means nothing comparing her to a 5 month old male because all dragons are different. Some never even grow to be that big. Only thing mislabled was the length. and again I apologised many times but if your going to cause all this trouble over and inch and a half of length then this is a whole different thing. You tried to get 300 plus keep the dragon. That means that I woukd have gotten only 85$ for her correct? That's just plain wrong. . I offered a refund of what you Payed for the drsgkn. The seller nevervrefunds shipping.
 
And just look at the picture he posted. Not malnourished. Obviously she's going to be overweight she just dropped eggs not to long ago. You knew that josh. You knew that BEFORE you purchased her
 
And just look at the picture he posted. Not malnourished. Obviously she's going to be overweight she just dropped eggs not to long ago. You knew that josh. You knew that BEFORE you purchased her

If she just dropped eggs she wouldn't be OVERWEIGHT, she would be a tad UNDERWEIGHT. :rolleyes:
 
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