Bad Guy Nicholas P. Heistan CNH Reptiles

[Lucille]

out on a lake and couldn't respond??

This company has a Financial Officer. If the CEO chooses to be unavailable, it is his responsibility to arrange for someone else to handle the business. Fishing is not a good excuse for lack of customer service.

 

[CwnAnnwn]

ok. I am going to remove myself from the conversation . I am posting edited images given to me from Mr. Jones.

 

[CwnAnnwn]

images 5-8

 

[CwnAnnwn]

Images 9 and 10

Two other people have these conversations. So they can tell you that is what I got.

 

[Elaine Elking]

Non-receipt - Claim - #PP-004-273-405-026
DisputeThe buyer and seller have 20 days to communicate directly to resolve an issue with this transaction. All disputed funds are held until the issue is resolved. If both parties can't agree to a solution, either party can escalate this to a PayPal claim.
EscalationThe buyer or seller asks PayPal to review the case and decide the outcome. We make every effort to resolve the claim within 30 days and restore funds to the rightful owner.
Requiring your actionPayPal requests more information from the seller to resolve the issue. If the seller doesn't respond within 10 days, we close the case and restore funds to the rightful owner.
Awaiting other party's responsePayPal requests more information from the buyer to resolve the issue. If the buyer doesn't respond within the allotted timeframe, we close the case and restore funds to the rightful owner.
Being reviewed by PayPalWe review the information the buyer and seller have provided. We try to reach a final decision quickly, but complex cases may take longer and require additional information from the buyer or seller.
ClosedThis claim or case has been closed. A closed dispute cannot be reopened or escalated to a PayPal claim.
Disputed Amount:
$35.00 USD
Status
After careful consideration, we're unable to decide this claim in your favor at this time.

Supporting documents
Files (0)
You haven't submitted any files.
Faxes (0)
You haven't submitted any faxes.
Notes to PayPal (1)
Notes to PayPal
Date Sent Subject
Oct 25, 2015 Deposit
View dispute comments

 

[Elaine Elking]

DisputeThe buyer and seller have 20 days to communicate directly to resolve an issue with this transaction. All disputed funds are held until the issue is resolved. If both parties can't agree to a solution, either party can escalate this to a PayPal claim.
EscalationThe buyer or seller asks PayPal to review the case and decide the outcome. We make every effort to resolve the claim within 30 days and restore funds to the rightful owner.
Requiring your actionPayPal requests more information from the seller to resolve the issue. If the seller doesn't respond within 10 days, we close the case and restore funds to the rightful owner.
Awaiting other party's responsePayPal requests more information from the buyer to resolve the issue. If the buyer doesn't respond within the allotted timeframe, we close the case and restore funds to the rightful owner.
Being reviewed by PayPalWe review the information the buyer and seller have provided. We try to reach a final decision quickly, but complex cases may take longer and require additional information from the buyer or seller.
ClosedThis claim or case has been closed. A closed dispute cannot be reopened or escalated to a PayPal claim.
Disputed Amount:
$35.00 USD
Status
After careful consideration, we're unable to decide this claim in your favor at this time.

Supporting documents
Files (0)
You haven't submitted any files.
Faxes (0)
You haven't submitted any faxes.
Notes to PayPal (1)
Notes to PayPal
Date Sent Subject
Oct 25, 2015 Deposit
View dispute comments

10/25/2015 15:40 PDT - PayPal: Buyer escalated this dispute to a Claim.
10/25/2015 15:40 PDT - Buyer: The seller said he cannot issue a refund until the funds are cleared by paypal, so told me to escalate the case. We have been communicating on facebook messenger and he has agreed to issue me a refund for the payments.
10/25/2015 11:13 PDT - Buyer: I said "since you have not yet shipped the item" meaning since you havent shipped it yet, i would just like to cancel my order.. not cancelling because you havent shipped... Since the status of my order is still pending shipment, I cant return the item... so I just asked for a refund instead... tricky wording, sorry for the confusion.
10/25/2015 11:11 PDT - Buyer: Ok, im not sure why youre ignoring the fact that the reason I am cancelling the order is because you wanted to add on the paypal fees to my total.. I had to select a reason to dispute the charges, and the only one that applied is "have not received my item" Send my refund please.
10/25/2015 07:06 PDT - Seller: The arrangement was to ship reptile AFTER full payment received. Part of payment was for a 20% Non refundable deposit. First payment (deposit of $35) was made Oct 7th. Second partial payment $75 was made Oct 17th. The balance was not made until October 24th, in two payments. You are claiming that you want refund for non-shipment only a few hours later. All live reptiles must be sent via Fed Ex overnight. A payment made after hours is not considered made until the next day. Shipment can go out Monday for overnight deliver on Tuesday. We are not in noncompliance with agreement. If you wish to cancel transaction, please advise. However the $35 non refundable deposit will be kept.

 

[John Capurso]

Just an observation based on the SS posted - the OP (buyer) could have been a little more patient and given the seller some time to review and respond before wanting to cancel the transaction.

 

[Elaine Elking]

On Sunday once the payments were confirmed, Shaun was offered the snake to be shipped on Monday and he refused. There is nothing in there about any additional funds. He was told the deposit would be kept if he cancelled. Messenger posts in Shaun's screenshots show he was fine with it yet he continues to hash this out. I am done. Shaun has my email if he wishes to do anything further.

 

[pwebyd90]

As I mentioned in my earlier comments and messages on facebook, it wasnt the fees.. I've paid them plenty and the sellers have paid them as well.. It was the fact that he wanted to charge me the fees after the fact, I was no long interested in doing business with him. He only started to say that he would pay the fees and it coming out that it was an error on paypals side after I requested the refund. When the new developments came to light I was not interested in continuing the transaction with Nicholas, and he wasnt interested in dealing with me either.

 

[pwebyd90]

On Sunday once the payments were confirmed, Shaun was offered the snake to be shipped on Monday and he refused. There is nothing in there about any additional funds. He was told the deposit would be kept if he cancelled. Messenger posts in Shaun's screenshots show he was fine with it yet he continues to hash this out. I am done. Shaun has my email if he wishes to do anything further.

Why would I want to do business with him? You wrote that on paypal, not him, as explained in the facebook messages. He was the one that wanted to charge me the fees initially, then denied wanting to charge me after. Am I supposed to forget about all that and say ok send me the snake, lets keep doing business?

 

[meowmeowkazoo]

Bear with me if I seem to be flip-flopping here. I am on pain medication and have trouble focusing right now. Seeing the conversation posted on the previous page, I'd have to say it seems like the buyer seriously rushed things.

At no point do I see Nick implying or explicitly stating that the price will be higher, just that it will take time to add things up because the multiple payments/fees withdrawn made the math confusing.

Only a couple of hours after Nick says he needs some time to finish the math, the OP demands a refund. To me it sounds like the OP was on the brink of buyer's remorse here, and the brief delay from Nick gave him the excuse he needed to push for a refund.

I don't see how he can justify saying that Nick was trying to change the price or that he didn't ship the animal out. As a seller I'd be really aggravated if a buyer requested a refund mere hours after I had contacted them, before I'd even had a chance to ship the animal out.

 

[pwebyd90]

Bear with me if I seem to be flip-flopping here. I am on pain medication and have trouble focusing right now. Seeing the conversation posted on the previous page, I'd have to say it seems like the buyer seriously rushed things.

At no point do I see Nick implying or explicitly stating that the price will be higher, just that it will take time to add things up because the multiple payments/fees withdrawn made the math confusing.

Only a couple of hours after Nick says he needs some time to finish the math, the OP demands a refund. To me it sounds like the OP was on the brink of buyer's remorse here, and the brief delay from Nick gave him the excuse he needed to push for a refund.

I don't see how he can justify saying that Nick was trying to change the price or that he didn't ship the animal out. As a seller I'd be really aggravated if a buyer requested a refund mere hours after I had contacted them, before I'd even had a chance to ship the animal out.

I was not having buyers remorse, and I didnt demand a refund a couple hours after we talked. I immediately told him I'd like a refund after he stated 'Its 175, not 175 and I pay the fees'

There is plenty of communication before, during, and after the other payments. The last payment is when he tells me he needs to figure out the fees. At that point, I felt like he waited until I sent all of the money to mention the fees on purpose, intentionally to stonewall me into paying more for the snake so he didnt have to cover it. I knew it would only be 5 dollars or so, but like I've been saying thats not the point.

Completely ignore all of the later messages and imagine my train of thought when he mentioned the fees. He did not say hang on man we'll get this figured out something isn't right, you wont have to pay them, he very heavily IMPLIED that I would be paying whatever fees paypal charged him, whether they be $5 or $50. No fees were discussed at the time of the deposit, or the 2nd payment, only after I sent the very last of the remainder.

Could I have given him a chance to check his paypal? Of course I could have. Could he have explained his side better BEFORE implying that I'd be paying the fee? Yes. The fact of the matter is that he more or less initially said that I would be paying whatever fee was added on. Everything after that was already discussed AFTER this was all set in motion.

On top of all of this, he is still keeping the $35. I understand its not a lot, and so does he. We both think we deserve the money for different reasons. The entire point of this post is that I feel that he is wronging me by not refunding it when I did not cancel just because I wanted to. I canceled the order because I believed that I was going to be charged the paypal fees. Simple misunderstanding gone about the wrong way by both parties? More than likely, but he still has the money and after both of us explaining our sides will not fix the issue, his only solution was to ship the snake after neither one of us was interested in dealing with each other.

 

[hhmoore]

Why would I want to do business with him? You wrote that on paypal, not him, as explained in the facebook messages. He was the one that wanted to charge me the fees initially, then denied wanting to charge me after. Am I supposed to forget about all that and say ok send me the snake, lets keep doing business?

As an uninterested observer who may well have missed something, I don't see where he tried to charge you the fees. The closest thing I saw in the first group of paypal messages was something to the effect of It was $175, not $175 and I pay the fees. Did he actually say that he wanted you to send additional funds to cover those fees?
As I posted earlier - your "understanding" of PayPal is incorrect. There is a $0.3 transaction fee that is charged with each payment, in addition to the 2.9%...so, for your payments, a total of $1.2. Of course, (again, as shown earlier) the first $0.3 is expected...the "extra" fees that resulted from you making payments amounted $0.9. Not exactly "getting hit twice", but his statement was otherwise correct.
As far as deciding to reverse the transaction, my opinion of that depends on whether you can show a statement that directly asks you to send him funds to cover the fees. If you can do that, I'm with you all the way. I've had one try to tell me that he forgot to include that stipulation in the ad, so I'd have to send him the money. I refused, and insisted on a refund...and didn't change my mind when he recanted, and offered to accept the amount received. If, on the other hand, you cannot show a request for those fees, the situation changes - you look impulsive and impatient.

 

[Black Adder]

I did ask right back at post #16 if nick had actually ever requested a dollar amount for fees
Never got an answer.....

 

[pwebyd90]

I asked for a refund in the follow up message from him saying 175 not 175 and I pay the fees.. That is basically him telling me the price is +fees? He specifically stated that he is not paying them..

 

[Occidentalis]

I asked for a refund in the follow up message from him saying 175 not 175 and I pay the fees.. That is basically him telling me the price is +fees? He specifically stated that he is not paying them..

For what it's worth, this is how I interpreted it as well.

 

[pwebyd90]

I sent him the message saying keep $25 after PayPal told me they would not cover the purchase under buyer protection. I was worried if he dug into paypals policies he would know that he could keep all of it if he really wanted to, which is also why every time he mentioned keeping the deposit before the $140 was refunded I didn't argue.

 

[hhmoore]

I asked for a refund in the follow up message from him saying 175 not 175 and I pay the fees.. That is basically him telling me the price is +fees?

Basically? Perhaps...but he didn't actually ask you to send additional funds to cover them, as your statement seemed to indicate.
I don't know the any of the parties involved, so I can't comment on intent; but, if he didn't ask you for payment, your complaint is based on an assumption. Had you actually waited until he committed, and made the transaction conditional on you paying fees, it would have been much more damning in my eyes (and likely PayPal's, as well - he probably would have received a formal notification/"warning")

He specifically stated that he is not paying them..

Please show me that statement.

(I chose to stop here, and not post my other thoughts/responses until this part is resolved)

 

[pwebyd90]

If I sold you something for $100, and you sent me the $100, then I responded "its $100, not $100 and I pay for shipping," would it not be reasonable to assume that I am expecting you to pay for the shipping?

 

[pwebyd90]

And if i told you your payment of $100 was 'non-refundable,' would you accept that?