Inquiry PantherChameleons/ April L. Quackenbush

[Chameleon Company]

You don't see a threat? Would you want someone to talk to your wife like that? I mean if you actually could find a lady to put up with your nutball self. I think you should go after FedEx for the dead babies and consider your self lucky to get 5 healthy amilobes at a deeply discounted rate.

Not to disagree, but no standard carrier, in this case FedEx, covers spoilage (death) to perishables.

 

[ReptileLover47]

LOL. Lookin' forward to it Jim!

Once again, I agree with you when it comes to how she should proceed.

 

[tkilgour]

I never ordered ambilobes and offered to ship them back. These sickly little things are a joke and 3 died within 2 days. 1 more died on day 3. April offered a 15 day health guarantee. Plus, she said no bother. She will give a full refund of $650. Read my texts. It isn't my responsibly to take it up with FedEX, it is Aprils and Debbie at Reptiles Express has already explained this to April until she was blue in the face.

BTW, by attacking ones character on this board is against the rules, and calling us loons is getting you nowhere.

 

[Mbricker13]

I never ordered ambilobes and offered to ship them back. These sickly little things are a joke and 3 died within 2 days. 1 more died on day 3. April offered a 15 day health guarantee. Plus, she said no bother. She will give a full refund of $650. Read my texts. It isn't my responsibly to take it up with FedEX, it is Aprils and Debbie at Reptiles Express has already explained this to April until she was blue in the face.

BTW, by attacking ones character on this board is against the rules, and calling us loons is getting you nowhere.

I'm not attacking anyone. Asking for a refund for animals that's you received and telling a girl she should be in a ditch is looney . So if these animals died why haven't you sent any pictures?? How does she even know the five from fed ex really died?

 

[tkilgour]

Once again she is not telling the truth. I sent pictures via text and she kept saying she didn't get them when she clearly did.

 

[Mbricker13]

Not to disagree, but no standard carrier, in this case FedEx, covers spoilage (death) to perishables.

Jim how many refunds have you given without seeing pictures of the deceased?

 

[Mbricker13]

Once again she is not telling the truth. I sent pictures via text and she kept saying she didn't get them when she clearly did.

Post them

 

[Zach Valois]

Ok, well well. Interesting discussions, and I commend the purpose and efforts of the Fauna mods in mediating such a discussion, as well as EVERYONES involvement.

I feel the only thing left for me to address, are these apparent 'threats'.

I did send that email to April, regarding that she belongs in a ditch. I do not consider it a threat on her life, although I figured she was going to be using it in such a manner (understandably good points for her case). Do I think a thief belongs in a ditch? Yes. Did I ever make a direct threat? No.

I am not the most emotionally mature individual, ESPECIALLY when I have had a thousand dollars of my hard earned money become 'dust in the wind'. Being strung out for nearly two months, hearing excuse after excuse after excuse. I have been burned on herp sales before, and have friends and associates that have as well. I know how shady people can be, and how hopeless such a fight can be as well. I got a point where I literally yelling "I FEEL LIKE I'M TAKING CRAZY PILLS". That is not a good feeling.. especially when my time is extremely limited.

Does anyone remember Jason Hooten from Geckophoria? Lost around 2K in one of his final transactions. Nothing to do. Nowhere to go. No resolution to be found.

You would have thought I would have learned my lesson.

It was just especially hurtful on how I directly questioned April in her honesty very early in our emails, and how she pleaded that she was honest and that I would be completely safe and happy in doing business with her. Does the chain of events sound honest? No.

I have been in this industry since I was a kid. It was not hard to see what was going on - heck, I saw questionable things from the get go. I have seen breeders, brokers, flippers, and the like all lose money from unforeseen circumstances, only to never make good on other deals. I have observed their thought processes in certain situations and saw this entire event beginning to unfold. The constant shuffle of one excuse to another? Really?

I think she had good intentions, but lost sight of what was an appropriate pathway. I would have felt a little different if she would have just been honest with me and said, I don't have the money right now Zach...and I asked her for this honesty numerous times

Instead, excuse after excuse after excuse.

So here I am. No way to get my money back. No way to feasibly enforce the law. Nothing to do but vent my emotions and feelings. Was I always the most appropriate about it? No. But what am I left with at the end of the day when I know that someone has taken my money in an dishonest manner? Do I ever see myself getting my money back? No. Why? Because I have seen this kind of thing happen too often, and even to now, April provides one excuse after another.

Were my actions best suited to yield myself a return? No. But again, what I am left with at the end of this? Nothing.






I will quote one of the first couple email interactions I had with April...

> Feb 19, 2013 03:41:19 PM, [email protected] wrote: I do not know what you mean, but that is fine, I was confused with two to three different emails and you're not very detailed in questions you are asking. We appreciate your time, but sounds to me like you're out looking for people who scam and that is surely not us- we have healthy beautiful chams were just trying to find homes for. Good luck in your search

On Feb 19, 2013, at 5:53 PM, "[email protected]" <[email protected]> wrote:

> The deal is a little off to me. I will probably pass, thanks for your time and considerations though./QUOTE]

 

[tkilgour]

Oh you are attacking me mbricker. You say a "I mean if you actually could find a lady to put up with your nutball self". So there you go with insults which are irrelevant and against rules. You do not know me at all. You are definitely April's friend and just trying to cover for her scamming ways. We were ripped off a large sum of money. Let see how you feel when April takes you one day. Send her $2k for one of her english bulldogs and see if the dog arrives alive. Also, be sure to use your paypal account.

 

[Zach Valois]

I sent pictures via text and she kept saying she didn't get them when she clearly did.

She kept telling me that she sent a tracking number for my check. Said she emailed it to me several times. Never received the tracking number, but I received every other email..

Furthermore, she first told me she overnighted it. Then the changed what she was saying (smoothly I might add) it was sent certified mail and did not know if there was a tracking number.

When I asked her again for the tracking number (for the 4th? time), her next response was that the check was returned for unknown reasons.

When a letter is returned, are they not labeled in some way to indicate why the package was returned (especially being returned within a week of sending it out)?

 

[Mbricker13]

Oh you are attacking me mbricker. You say a "I mean if you actually could find a lady to put up with your nutball self". So there you go with insults which are irrelevant and against rules. You do not know me at all. You are definitely April's friend and just trying to cover for her scamming ways. We were ripped off a large sum of money. Let see how you feel when April takes you one day. Send her $2k for one of her english bulldogs and see if the dog arrives alive. Also, be sure to use your paypal account.

Attack? That's not an attack.... Now if I said I wanted you in a ditch. We'll that's a different story. I do not know April at all I've never met her in my life. Im not trying to cover for her but I know there is 2 sides to every story. That's why I reached out to her to get her story. And to be honest she seems much more credible then two men that think threatening a young woman is going to get them somewhere.

 

[Dennis Hultman]

I agree with Jim.

I think that everyone's made their point and should probably give her a lil room to breath and get everything sorted out for everyone. You don't need to agree... just my opinion here.

That's why I said I agree with Jim, but I'm sure she must have to means to at least start to fix some of it. I mean, I'd like my refund sooner rather than later, but also later rather than never. lol

I think Jim and Desiree made very good points to take into context with the whole thread.

Maybe her intention was not to rip anybody off.

Perhaps she was overwhelmed with ordered and was not organized enough... but still accepted payment. That would explain while some people got their charms and other did not... or why some people received tiny just hatched babies.

Still tho..it is not that difficult to make things right.

With the goal of resolution in mind there may be some things in her version of events posted that might warrant further discussion.

While I don't condone threats we should still look to do the right thing. With that in mind and since she has stated she will not post here again or participate I'm only going to post the relevant parts of our correspondence to get to a resolution. .

I really hate posting for someone else but here goes.

I have paypal working on my account to resolve the issue, but honestly it was only two people zach and serena that will get refunds, toms issue is still being dealt with fedex and victoria has no basis. I am not an unfair person, but hate how this had played out. Again I appreciate your assistance in this matter

This is what is bothering me Tom is requesting a FULL REFUND??? He has had the chameleons, this is turning out to be ludacris, giving me a time line of three days?? This is out of control, he does not create time lines, he is admitting to blantantly demeaning my character. He is not solving anything but making matters worse. I need help to resolve this, he is not entitled to his refund, yes for the second shipment but that is up to FedEx.

__________________

You have to have a starting point to get things resolved and this give us the picture from both sides and where they are at.

She states openly that Zach and Serena will get refunds. Hopefully this will happen and the issue is settled soon.

Her issue with Tom is that FedEx is responsible and he has to wait.

This isn't to condemn anyone but a discussion about this point.

This is my personal view of this.

When FedEx issues a refund on a claim it doesn't go to the receiver it always goes to the shipper. If by your terms of service and your in agreement that the buyer should receive a refund or partial refund whatever the case may be, you should take care of your customer and then receive the payment from the shipping company.

This is how I'm picturing what has been stated.

The seller believes the buyer is due a refund but says the buyer has to deal with the shipping company?

Was live arrival guaranteed? If yes then the seller should act to take care of the buyer instead of waiting on the shipping company.

That seems like the professional thing to do. What happens if the shipping company denies the claim but you guaranteed live arrival.

This really shouldn't be put on the buyer.

Does that make sense only to me?

 

[Zach Valois]

Hey.

I do not want to go into info provided me in phone-cons related to this thread, as it is hearsay, and likely not productive. I would hope that April takes a step back, takes inventory of what assets still remain, and then comes up with a plan to best maximize here ability to fix this. Clearly some folks will have to wait, even if things go well moving forward.

"Half a loaf is better than no loaf".

Just like old times ? Hopefully not so much. I am hopeful that this works out with time.

Jim is showing his intelligence and grade of candor here, that of which I respect for such.

I have wasted an amazingly incredible amount of time thinking, losing sleep tossing in bed, and try to state my case on here and to April herself.

I am over it.

Maybe April can simply admit the error of her ways (as I have), openly admit her downfalls, and make right within the small community that are the herptoculturists.

As can be observed in my candor in communication with April, and in my syntax and spelling I am sure, I am dramatically tired and have much to do.

Thank you again for everyones involvement, even just in reading this. I certainly would never hope for this to happen to anyone, and I wholeheartedly wish that more efforts like this will help decrease such actions as those exhibited by April Quackenbush on these sales gone bad.

 

[Chameleon Company]

Jim how many refunds have you given without seeing pictures of the deceased?

Don't mean to derail things, but since you asked.

My stated TOS reserve the right to have pictures provided of DOA's before I refund. I do not fault any seller who requires such.

That said, I estimate that I have provided maybe 10-20 refunds/replacements in the last 12 years. I do not believe that I have ever asked for a picture/proof of DOA before doing such.

Let me add that were I to ship more recklessly, and incur more complaints, then it would flow that I would request far more documentation of DOA's. Its a quagmire, but would be of my own doing. As it is, I believe that I ship well, and that when the customer tells me there's been a problem, which is uncommon, that they are telling the truth. So we fix it. It is good business sense.

We are not unique in settling things this way.

 

[Zach Valois]

She states openly that Zach and Serena will get refunds. Hopefully this will happen and the issue is settled soon.

I will be completely honest. I am not sure what the appropriate public response would be if I were to be refunded.

But at least it has been noted that I will be receiving a refund.

Not to be negative, but with the string of excuses from April, I do not see a refund happening. Although, I will take advise on how to response publicly if I do indeed receive a refund. Lol.

 

[Zach Valois]

When FedEx issues a refund on a claim it doesn't go to the receiver it always goes to the shipper. If by your terms of service and your in agreement that the buyer should receive a refund or partial refund whatever the case may be, you should take care of your customer and then receive the payment from the shipping company.

This is how I'm picturing what has been stated.

The seller believes the buyer is due a refund but says the buyer has to deal with the shipping company?

Was live arrival guaranteed? If yes then the seller should act to take care of the buyer instead of waiting on the shipping company.

That seems like the professional thing to do. What happens if the shipping company denies the claim but you guaranteed live arrival.

This really shouldn't be put on the buyer.

Does that make sense only to me?

This is one of those things that make me think "I FEEL LIKE I'M TAKING CRAZY PILLS"!

In all seriousness, of course that makes sense. I think we all understand that.

 

[Zach Valois]

That said, I estimate that I have provided maybe 10-20 refunds/replacements in the last 12 years. I do not believe that I have ever asked for a picture/proof of DOA before doing such.

Let me add that were I to ship more recklessly, and incur more complaints, then it would flow that I would request far more documentation of DOA's. Its a quagmire, but would be of my own doing. As it is, I believe that I ship well, and that when the customer tells me there's been a problem, which is uncommon, that they are telling the truth. So we fix it. It is good business sense.

We are not unique in settling things this way.

I ship a very small number of animals. However, I am confident in how I do. In the very few times I have had issues shipping, I have never asked for photo documentation. This is due to the same reasons, I am confident enough of my shipping methods, that I would believe they are telling the truth as well.

Although, requesting a photo is certainly not unreasonable, and is what I would expect of a small less experienced seller/shipper (or a very large company dealing with a high volume of sales).

 

[tkilgour]

Out of the first 5 Ambilobes April sent me 3 died in less than 4 days. 1 will not likely survive the night and the other has it's eyes shut all day. You can't say that I don't know babies, because I have been raising and hatching chameleons for a very long time. Plus these she shipped are ambilobe and I wanted Sambava. The other 5 arrived DOA and they were also not what I ordered. April offered a 15 day health guarantee and a full refund of $650. She still hasn't given me a dime.

Here is one of the frozen solid ones I found in my phone. According to April these chams have striking colors and great barring. Just another form of deceit.

 

[Chameleon Company]

This is one of those things that make me think "I FEEL LIKE I'M TAKING CRAZY PILLS"!

In all seriousness, of course that makes sense. I think we all understand that.

I know that folks mean well here, and I hate to be a spoiler, but short of a shipment being completely lost, or crushed (as in physically destroyed), FedEx has zero obligation to cover DOA's. Their own TOS specifically state that they do not cover perishables. It is a red-herring for anyone to invoke any obligation on the part of FedEx here.

If a shipper has claimed that FedEx is in any way obligated, that is either ignorance, or the deliberate blowing of smoke up one's arse.

 

[tkilgour]

Oh and this dead cham is supposed to be a 4 - 8 week old. IME, this is more like 1 or 2 days out of the egg. No wonder it didn't make shipping.