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Inquiry How do I take back my credits from Alex Hue?

I'm not sure what post it was but, Richard Van Vondel posted an email exchange from Alex that clearly stated he had three options:

1) To get a refund
2) To take the geckos
3) To screw off.

Richard asked for option one, for a refund. He is here because he hasn't received one to date.
 
This is all right and so on but After he told me he had no time for me he still had time to MAKE posts in that time period he could have send me my monney back 750 dollars , i think its comendable that he is helping his mom , but i also see my situation i am 750 dollars short and have been for half a year !

also if his wife is still at home it would be easy for her to trancefer the funds to my paypall account, but since this still hase not happened i think its just plain stopid not to refund me.

here is a email send by alex to me of what he thought i should do . please keep in mind that at this piont of time i am setteling for 750 dollars the other 130 dollars i take as a los since geckos can die and can be mislabled:

----- Original Message -----
From: "Alex @ AHR"
To: "'Richard van Vondel'"
Sent: Wednesday, January 14, 2009 6:45 AM
Subject: RE: Reminder


Do whatever you want, realistically I can choose to refund you or send
geckos in March...either way its my decision. Although I'm still trying to
figure out how much I should refund you...considering you only made a
$750.00USD payment and I did incur costs due to you trying to cancel the
order. Not to mention you originally gave me a figure of 880.00 and now
you're telling me 890.00....wheres the difference coming from?


You want to take it publicly...I guess I don't understand what you're trying
to say, because anyone who has a basic understanding of business law will
tell you that once you decide to take it publicy then you open yourself up
for a lot of liability. I'm sure you understand what liability
means....right?

I see you use the word "LEGAL" in your email below..........

Well, I guess if you want it to be "LEGAL" and you want to do some "LEGAL"
things.....I'll provide you with the name, number and address of our
attorney/lawyer so you can have your attorney/lawyer do "LEGAL" things with
our attorney/lawyer......because you have now threatened me with "LEGAL"
action and used the word phrase "LEGAL STEPS" in your email below, I can now
tell you that you no longer have any right to communicate with me, instead
you will now need to have your attorney/lawyer/solicitor communicate with my
attorney/lawyer.....

Here is my attorney/lawyer info so you can give it to your
attorney/lawyer.......

Naesha Leys Esq.
(616) 458-1865
200 Division Ave N # 204
Grand Rapids, Michigan USA

When you speak with your attorney/lawyer...make sure to ask him/her what
will happen if you decide to make it "public", ask your attorney/lawyer
about "liabilities". One more thing...let me know as soon as possible what
your attorney/lawyer says so that I can notify my attorney as soon as
possible.

We have had some very bad weather here in Michigan for the past 3 days and
have no electricity, so I don't know when I will be able to reply...the
weather is suppose to be really bad for another 2-3 days, you can see here
http://www.weather.com/weather/tenday/USMI0344?from=36hr_fcst10DayLink_undec
lared
Like I said...I don't know when I will have a chance to reply as our
electricity has been on and off due to the snow storm and all the ice on the
electric lines.

You can also ask your attorney/lawyer to contact my attorney lawyer if you
don't hear from me.




-----Original Message-----
From: Richard van Vondel [mailto:[email protected]]
Sent: Tuesday, January 13, 2009 2:06 AM
To: Alex @ AHR
Subject: Re: Reminder


Alex,

its been 11 days since your last responce i have send you several emails
saying that i need my monney back , i dont know what is going on but i do
not like that i have to wait 11 days for a normal response let alone that i
have to wait 6 to 7 weeks and still dont have my monney back. i believe that

this issue is something that can not be handeled by me alone since you just
dont react or respond although you did post posts in your own forum in that
time wich tells me that you do have time to respond on the forums but you
just dont wanna make time to send my monney back.

after today i will have to take my own measures and make this public i do
not care if i get shot down by some unaccuraties since i am not asking for a

compensation for the dead annimals i am only aksing my own monney back , so
i am pretty sure that i am in my right.

if you would be so kind as in to respond to this email so that i so not have

to take the next step that would be verry apreciated since i do not want to
have to make anny legal steps.

Greetings

Richard van Vondel"""


THis is the last message i got from alex , now i emailed him several times that he just hase to send me my monney back ( i didnt post anny of this before coz i was intimidated with his layabilety thing ( wich turns out i do not have in holland since we have freedom of speech )

lemmie know what you guys think,

see i would like my monney back but i also want to warn others so they dont get the same stress that i am having about this issue.

Greetz

Richard van Vondel

I'm not sure what post it was but, Richard Van Vondel posted an email exchange from Alex that clearly stated he had three options:

1) To get a refund
2) To take the geckos
3) To screw off.

Richard asked for option one, for a refund. He is here because he hasn't received one to date.

Highlighted above. It appears that Alex didn't give the options but was still pondering if he should give him a refund if at all because of cost incurred.
 
----- Original Message -----
From: "Alex @ AHR" <[email protected]>
To: "'Richard van Vondel'" <[email protected]>
Sent: Friday, January 02, 2009 1:00 PM
Subject: RE: Reminder


You've been breeding geckos for 12 years ???? So you started when you were
12 years old ?????? I know you're only 24 years old now. So you're telling
me that you've been breeding geckos since you were 12 years old...but you
still need to ask other breeders for THEIR experience because you don't
know?

Richard.....go fuck yourself, wanna take it to another level, I'll be more
than happy to do it. I think if you look on geckoforums.net the stupid
thread you started about me has already been deleted. Wanna play games and
act like a immature child.....go ahead, but I guarantee that once I post up
all those emails from you to me.....you will look very bad. Still wanna
play?

You don't think it cost me money to ship the geckos to my exporter in
Florida.....you think shipping from my location in Michigan to Florida is
free? You think shipping from my exporter in Florida back to me in Michigan
is also free? It cost me 62.00USD to ship from my location to my exporter in
Florida....it cost me 67.00USD for my exporter in florida to ship back to
me......thats a total of 129.00USD, You still think you know everything? Do
you want the shipping receipts to prove that I paid for those shipping
charges? I also pay my exporter 25.00 per gecko to ship to Hamm for
me....you know him...its *****, ask ****** if I already paid him for the
export......you're lucky I don't take that off too.

Like I said before....now that you pissed me off big, also posted that
bullshit on Geckoforums, you have a choice...I'll send you 12 week old
geckos for Hamm in March, I can send a refund minus my shipping charges to
my exporter, or you can go fuck yourself.


Its your choice.

Make your choice wisely.....you can take the geckos and be done with it, you
can take the refund minus my shipping costs to my exporter and the shipping
cost for my exporter to ship back to me, or you can act like a damn baby and
go fuck yourself.

Let me know!

>>>>>>>>>>>>>>>>>>>>>>>>>>>

Highlighted above. It appears that Alex didn't give the options but was still pondering if he should give him a refund if at all because of cost incurred.

Highlighted above from post #53. It appears to me that Alex did give Richard three options.

Richard wants a refund and Alex to date hasn't provided one.
 
To Rich Z and everybody,
Just like I ever said, I paid Alex $15400 (Mar. 2008 to Aug. 2008). He ever shipped two shipments(one on July. 2008,another on Nov.2008). The first shipment was from Alex. Alex told me if he can't get cites, he can ship the non-cites animals to me first.

On Oct. 2008, since Alex didn't have cites, so I told Alex to ship these cites and non-cites snakes to a breeder in Miami, there is a man of Taiwan trading company who will import snakes from Miami. I use the man's cites quota. I really received two shipments before Nov. 2008.

On last shipment, Alex didn't shipped any balls. he only shipped 9 BCIs and 69 cornsnakes to Miami. There were 7 bcis from ks ads, two bcis from Alex. Because I ever request Alex to buy some bcis from some breeders on ks.com and paid him commission. He dealt two business for me. I only know the commission of last business was $200 since the snakes asking $1400.

I have figured out the details I received snakes from Alex.
first shipment $5202.5(not including international shipping) ; second shipment $7077(including shipping to Miami). Total is $12279.5

Alright, If I paid international shipping $850 and cites fee $100, I should have $2170 credits. so Alex told me my credits is $2150 is reasonable.

But Heather told me my credits was $1245 only. I told her WHY? This is her email on Mar 13th 2009.
Hello Derek,

I'm still reviewing the credits and orders, there are over 200 emails I and our accountant are reviewing. Alex is not available, so it makes it tougher for us to piece it all together. Like I said before, we only show a credit of 1245.00, I believe your amount is higher because there were also some fees and commissions you paid to us for helping you on some other deals, those fees and commissions are not reflected in your invoices.

We are still checking and verifying all of the transactions.

Heather,
www.AlexHueReptiles.com
[email protected]


Heather told me she will check the details and made a master list. Over two months...nothing.

On Apr. 13th 2009, Heather sent a eamil, she give me a proposition. as below:

Hi Derek,

It was Easter Holiday here in the USA, so our office is not open for 4 days.

I sent you the list of emails last week, it should've been a zip file. There were over 200 emails attached to it along with a calculation of credits. The total credits after we figured out the commissions plus some of the bank service charges was 1245.00

I have a proposition for you, like I told you before, Alex has been unavailable for some time, he is actually having some family problems which will force him to have to participate less here at AHR but participate more at his familys business, actually his mother is very sick and they have been depending on him to take care of his mother and also his mother's business. He has been living in Indiana for over 3 months now trying to help his mother and family.

Here is my proposition, I know you buy alot of Serpenco cornsnakes, we have a very good relationship with Serpenco, you know that Serpenco cornsnakes sell very well and they are the best for cornsnakes.

We are getting all of the holdback and leftover 2007 and 2008 Serpenco cornsnakes, here is what is available,





When I looked back at some of your old invoices, I know that Alex sell you the Serpenco cornsnakes for 35% discount. That means we only make 5% because Serpenco gives us 40% discount. Here is what I like to do, I will give you a 50% discount and pay for all of the shipping charges directly to Taiwan.

If you look on Serpenco website, all of the remaining cornsnakes is total $39065.00, our normal price if we sell to you wholesale is $25393.00, but if you are willing to do this deal, we will sell you everything for $19500.00 and also pay the shipping charge to Taiwan. We can ship all of the animals this week, in the next 2-3 days. The reason we can do this is because we trade with Serpenco. Because we trade with Serpenco, we can give you a great deal. I think this is fair for both of us, this way you save over $10,000.00 and we still have a good business relationship. Think this way, if I give you refund of $1245.00, you do not make any profit, you only get $1245.00, if you do this deal with me, then you will make over $20,000.00 in profit.....you can give your customer cheaper price but still make very good profit. What do you think? is this fair?

Let me know,

Thanks,
Heather
Manager
www.AlexHueReptiles.com
[email protected]


I refused this proposition since I don't think I can receive snakes again. After I sent my email of refused, I never received any reply from Heather after Apr.13th 2009. She was disappered too.
Thanks

Perphs someone asked me why I want to cancel the order from Alex?
until Oct. 2008. I decide to stop my business with Alex since I think this is a hole. I think Alex didn't have those cites animals I want. He told me he can obtain cites about 8-10 weeks, but I wait six months and longer...nothing. so I decide cancel my ball python's order($4500) from Alex.

Nov.11th 2008, I asked Alex about my credits. He didn't give me any reply about this until Jan. 23th 2008. I try to send emails, messages, calls. just like you saw before. dealy, disappered.

Derek
 
4. Samurai Japan

This one is real “tricky” and legal actions have been commenced, I’ll make this one right to the point…..they ordered a bunch of ball pythons, in excess of 120,000.00, tried to cancel and back out of 70,000.00 after we already made 2 shipments to them and after we held them for a number of months. They commenced legal action on 4/3/2008 retaining attorneys in order to bring suit or legal action against us, since then, they have retained in excess of 3 firms/agencies. In every instance, their attorneys were forwarded to our attorney whom provided them with all the info we have, in every instance their legal representation have ceased or declined to pursue this further with us. At this point in time, I believe they have retained another firm in the last 2-3 weeks.

I don’t have a problem shipping every single last ball python they ordered from us just as long as they complete this deal and pay us the balance based on those agreed prices.

I don’t know how much more I can or cant say since they initiated legal action. But I will say that I am more than willing to work this out with them, but they have tied my hands by initiating legal action that has gone nowhere for them. For as long as they think legal action is the way to go, then I have no choice but to remain silent on the matter and allow my attorney to handle it and file any counter claims necessary.


Bottom line is we run a bonafide business, I cant be bent over backwards every single time someone threatens me with going to the BOI, legal action or anything else. I’ll be the first to admit that my temper gets the better of me on quite a few occasions and I’m stubborn as a mule, but when I believe I’ve done the right thing, then there is no changing my train of thought.

It’s a catch 22, if we put our foot down…we get ran through the mud, if we don’t then we lose our asses off.


I have my wife, Ayumi, to translate what I want to say and want to explain what happened in the deals with Alex. I hope it’d straighten out my claim….

First of all, I have not taken any legal actions against Alex. What I have done are (to recover my money):
1) Filed my complaints to Alex with the consumer affairs.
2) Hired a collection agency to recover about $70,000.
3) Spoke with several legal advisors and his acquaintances regards to this matter.

Here are the results:
1) The consumer affairs forwarded my complaints to Alex. I hoped that this would pressure him to contact me. Against my trust to Alex (back then), I did not have any words from him so that I hired the collection agency.

2) Instead of Alex, Alex’s lawyer responded that Alex denied our claim and claimed the similar as Rich posted for Alex. We resubmitted our claim with the related proof, including the emails, receipts, bank statements for wire transfers, and etc. His lawyer responded Alex did not acknowledge my claim and not to contact Alex directly. Alex claimed he did not owe me anything and shut the collection agency out, using his lawyer. PLEASE NOTE, there was NO response or whatsoever to all evidence to show I paid him for all animals. He JUST denied. If your big customer, who spent about $70,000 with you, disagrees with your claim, don’t you want to straighten up? Why he ignored my proof and just denied? Remember, $70,000 is on table here, it is A LOT of money!

3) I spoke with several lawyers and his acquaintances to seek some kind of settlements with Alex. Because this involves such an amount of money, I wanted to have a middle person who can advices me. What I want is fast and smooth settlements. It shouldn’t be hard to imagine this situation is VERY stressful. I am oversea and cannot go to see him. I do not want the legal actions, if not necessary. IF I want to have the legal action against him, where is money to pay for the legal service? Do you think I have money to initiate the legal actions when somebody took my money and I had nothing return for it? The answer is NO. Honestly, I cannot believe I still can keep my business without recovering anything from Alex. Good Job to Alex, I cannot take the legal actions against you because you tie my money!

I am foreign here and English is my second language, but I don’ think these three actions are “the legal actions”. Am I correct? (If I’m wrong, I will take corrective actions, BTW) What is the commenced legal action on 4/3/08? It is NOT by me. Is there someone else who may want to take the legal action against you? If you are willing to work this out with me, you should have contacted me a LONG LONG time ago, because nothing (not me at least) should have tied your hands. I am still waiting for your response to my poof that I do not owe you anything.
 
This is all right and so on but After he told me he had no time for me he still had time to MAKE posts in that time period he could have send me my monney back 750 dollars , i think its comendable that he is helping his mom , but i also see my situation i am 750 dollars short and have been for half a year !

also if his wife is still at home it would be easy for her to trancefer the funds to my paypall account, but since this still hase not happened i think its just plain stopid not to refund me.

here is a email send by alex to me of what he thought i should do . please keep in mind that at this piont of time i am setteling for 750 dollars the other 130 dollars i take as a los since geckos can die and can be mislabled:

----- Original Message -----
From: "Alex @ AHR"
To: "'Richard van Vondel'"
Sent: Wednesday, January 14, 2009 6:45 AM
Subject: RE: Reminder


Do whatever you want, realistically I can choose to refund you or send
geckos in March...either way its my decision. Although I'm still trying to
figure out how much I should refund you...considering you only made a
$750.00USD payment and I did incur costs due to you trying to cancel the
order. Not to mention you originally gave me a figure of 880.00 and now
you're telling me 890.00....wheres the difference coming from?

You want to take it publicly...I guess I don't understand what you're trying
to say, because anyone who has a basic understanding of business law will
tell you that once you decide to take it publicy then you open yourself up
for a lot of liability. I'm sure you understand what liability
means....right?

I see you use the word "LEGAL" in your email below..........

Well, I guess if you want it to be "LEGAL" and you want to do some "LEGAL"
things.....I'll provide you with the name, number and address of our
attorney/lawyer so you can have your attorney/lawyer do "LEGAL" things with
our attorney/lawyer......because you have now threatened me with "LEGAL"
action and used the word phrase "LEGAL STEPS" in your email below, I can now
tell you that you no longer have any right to communicate with me, instead
you will now need to have your attorney/lawyer/solicitor communicate with my
attorney/lawyer.....

Here is my attorney/lawyer info so you can give it to your
attorney/lawyer.......

Naesha Leys Esq.
(616) 458-1865
200 Division Ave N # 204
Grand Rapids, Michigan USA

When you speak with your attorney/lawyer...make sure to ask him/her what
will happen if you decide to make it "public", ask your attorney/lawyer
about "liabilities". One more thing...let me know as soon as possible what
your attorney/lawyer says so that I can notify my attorney as soon as
possible.

We have had some very bad weather here in Michigan for the past 3 days and
have no electricity, so I don't know when I will be able to reply...the
weather is suppose to be really bad for another 2-3 days, you can see here
http://www.weather.com/weather/tenday/USMI0344?from=36hr_fcst10DayLink_undec
lared
Like I said...I don't know when I will have a chance to reply as our
electricity has been on and off due to the snow storm and all the ice on the
electric lines.

You can also ask your attorney/lawyer to contact my attorney lawyer if you
don't hear from me.




-----Original Message-----
From: Richard van Vondel [mailto:[email protected]]
Sent: Tuesday, January 13, 2009 2:06 AM
To: Alex @ AHR
Subject: Re: Reminder


Alex,

its been 11 days since your last responce i have send you several emails
saying that i need my monney back , i dont know what is going on but i do
not like that i have to wait 11 days for a normal response let alone that i
have to wait 6 to 7 weeks and still dont have my monney back. i believe that

this issue is something that can not be handeled by me alone since you just
dont react or respond although you did post posts in your own forum in that
time wich tells me that you do have time to respond on the forums but you
just dont wanna make time to send my monney back.

after today i will have to take my own measures and make this public i do
not care if i get shot down by some unaccuraties since i am not asking for a

compensation for the dead annimals i am only aksing my own monney back , so
i am pretty sure that i am in my right.

if you would be so kind as in to respond to this email so that i so not have

to take the next step that would be verry apreciated since i do not want to
have to make anny legal steps.

Greetings

Richard van Vondel"""


THis is the last message i got from alex , now i emailed him several times that he just hase to send me my monney back ( i didnt post anny of this before coz i was intimidated with his layabilety thing ( wich turns out i do not have in holland since we have freedom of speech )

lemmie know what you guys think,

see i would like my monney back but i also want to warn others so they dont get the same stress that i am having about this issue.

Greetz

Richard van Vondel

----- Original Message -----
From: "Alex @ AHR"
To: "'Richard van Vondel'"
Sent: Friday, January 02, 2009 1:00 PM
Subject: RE: Reminder


You've been breeding geckos for 12 years ???? So you started when you were
12 years old ?????? I know you're only 24 years old now. So you're telling
me that you've been breeding geckos since you were 12 years old...but you
still need to ask other breeders for THEIR experience because you don't
know?

Richard.....go fuck yourself, wanna take it to another level, I'll be more
than happy to do it. I think if you look on geckoforums.net the stupid
thread you started about me has already been deleted. Wanna play games and
act like a immature child.....go ahead, but I guarantee that once I post up
all those emails from you to me.....you will look very bad. Still wanna
play?

You don't think it cost me money to ship the geckos to my exporter in
Florida.....you think shipping from my location in Michigan to Florida is
free? You think shipping from my exporter in Florida back to me in Michigan
is also free? It cost me 62.00USD to ship from my location to my exporter in
Florida....it cost me 67.00USD for my exporter in florida to ship back to
me......thats a total of 129.00USD, You still think you know everything? Do
you want the shipping receipts to prove that I paid for those shipping
charges? I also pay my exporter 25.00 per gecko to ship to Hamm for
me....you know him...its *****, ask ****** if I already paid him for the
export......you're lucky I don't take that off too.

Like I said before....now that you pissed me off big, also posted that
bullshit on Geckoforums, you have a choice...I'll send you 12 week old
geckos for Hamm in March, I can send a refund minus my shipping charges to
my exporter, or you can go fuck yourself.


Its your choice.

Make your choice wisely.....you can take the geckos and be done with it, you
can take the refund minus my shipping costs to my exporter and the shipping
cost for my exporter to ship back to me, or you can act like a damn baby and
go fuck yourself.

Let me know!

>>>>>>>>>>>>>>>>>>>>>>>>>>>



Highlighted above from post #53. It appears to me that Alex did give Richard three options.

Richard wants a refund and Alex to date hasn't provided one.

Post #58

What else you got for me Fe?

Chuck if we look at one we should look at all of them, no? So which one do we hold Alex too, the one you found dated 1/02/09 or the other one dated 1/14/09 where Alex also tells Richard that since he threatened legal action that Richard can now deal with his lawyer? Now I don't know if Alex has been advised to no longer talk with someone that threatens legal action, but if that were the case then he's doing what his lawyer told him to do.

They were posted out of order so I missed the one you quoted, sorry.

I would like to hear what Richard has to say to Alex's repy that Rich posted.
 
So which one do we hold Alex too, the one you found dated 1/02/09 or the other one dated 1/14/09 where Alex also tells Richard that since he threatened legal action that Richard can now deal with his lawyer?

The answer should be very obvious. Alex offered the option of a refund on 1/02/09, and if Alex would have done that immediately there would NEVER have been an email on 1/14/09.

I just don't understand it honestly. You're doing big orders for $70K and you have the time to aggravate yourself over a few hundred bucks with customer you cant seem to satisfy? You have to be a total schmuck.
 
indeed becuase the whole reason i started to do buissness with Alex Hue was due to his good guy post here on Fauna :(

However i also do want my monney back the 750 dollars.

it seems that alex is picking on the foreign customurs because they have a hard time suiting up anny legal steps towards him , However in this case when more and more ppl have problems of this kind it becoms easyer to file a collective suit agains alex if needed because these actions represent a thief like behaviour and also have a system to it meaning it could actualy be a planned move ( this ofcaurse would have to be proven in a court of law).

if alex is smart wich i think he is , it would be best for him to settle the scores he hase left with people in this thread because if he would not settle em it would mean the end of his buissnes and also a bankrupt status since the american justice system will put claim on his assets so that they can pay out the ppl that need to be payed out still.

foreighn or not foreighn i am sure ppl will not just sit and take the losses they have at this moment, i sure wont take the loss and i can imagine all others wont also.

i also want to put Alex hue a ultimatum ,

Sir Alex hue hase time until the 29th of May to send me my monney back true paypall its a ammount of 750 Dollars.

i think that is enough time for him to respond and send monney back.
if he does not have the monney other terms could be made but only under supervision of a neutral 3rd party ( think of paying in installments 50 / 50 or paying in Healthy Tested cryptofree leopardgeckos ofr wholesale prices ( since thats what he billed me before ) of my choosing for the ammount of 750 dollars.


do you gusy think this is reasonable ?

Greetz
Richard van Vondel

Chuck, Then you have here where Richard says he will take animals or refund.
 
I have my wife, Ayumi, to translate what I want to say and want to explain what happened in the deals with Alex. I hope it’d straighten out my claim….

First of all, I have not taken any legal actions against Alex. What I have done are (to recover my money):
1) Filed my complaints to Alex with the consumer affairs.
2) Hired a collection agency to recover about $70,000.
3) Spoke with several legal advisors and his acquaintances regards to this matter.

Here are the results:
1) The consumer affairs forwarded my complaints to Alex. I hoped that this would pressure him to contact me. Against my trust to Alex (back then), I did not have any words from him so that I hired the collection agency.

2) Instead of Alex, Alex’s lawyer responded that Alex denied our claim and claimed the similar as Rich posted for Alex. We resubmitted our claim with the related proof, including the emails, receipts, bank statements for wire transfers, and etc. His lawyer responded Alex did not acknowledge my claim and not to contact Alex directly. Alex claimed he did not owe me anything and shut the collection agency out, using his lawyer. PLEASE NOTE, there was NO response or whatsoever to all evidence to show I paid him for all animals. He JUST denied. If your big customer, who spent about $70,000 with you, disagrees with your claim, don’t you want to straighten up? Why he ignored my proof and just denied? Remember, $70,000 is on table here, it is A LOT of money!

3) I spoke with several lawyers and his acquaintances to seek some kind of settlements with Alex. Because this involves such an amount of money, I wanted to have a middle person who can advices me. What I want is fast and smooth settlements. It shouldn’t be hard to imagine this situation is VERY stressful. I am oversea and cannot go to see him. I do not want the legal actions, if not necessary. IF I want to have the legal action against him, where is money to pay for the legal service? Do you think I have money to initiate the legal actions when somebody took my money and I had nothing return for it? The answer is NO. Honestly, I cannot believe I still can keep my business without recovering anything from Alex. Good Job to Alex, I cannot take the legal actions against you because you tie my money!

I am foreign here and English is my second language, but I don’ think these three actions are “the legal actions”. Am I correct? (If I’m wrong, I will take corrective actions, BTW) What is the commenced legal action on 4/3/08? It is NOT by me. Is there someone else who may want to take the legal action against you? If you are willing to work this out with me, you should have contacted me a LONG LONG time ago, because nothing (not me at least) should have tied your hands. I am still waiting for your response to my poof that I do not owe you anything.

Did you agree to an order in the amount of $120,000 for ball pythons with Alex? Alex made two shippments with a total value of what? What was the actual amount that you paid to Alex? May I ask why did you back out of the original full order?
 
Did you agree to an order in the amount of $120,000 for ball pythons with Alex? Alex made two shippments with a total value of what? What was the actual amount that you paid to Alex? May I ask why did you back out of the original full order?

I am writing the details now.

The amount of money that I paid for a ball python and a rack in total is 160,000 dollars.
 
Chuck, Then you have here where Richard says he will take animals or refund.

Nope, that's not what he is saying at all.

What Richard said clearly was:
-------------
"if he does not have the monney other terms could be made but only under supervision of a neutral 3rd party ( think of paying in installments 50 / 50 or paying in Healthy Tested cryptofree leopardgeckos ofr wholesale prices ( since thats what he billed me before ) of my choosing for the ammount of 750 dollars."
--------------

If Alex doesn't have the money then Richard will consider other options, so he isn't totally screwed, which was Alex's THIRD OPTION just in case you forgot. ;)

If I'm wrong on that, Richard can correct me. But that's how it reads to me.

Also, the offer you are quoting from Richard has been made most recently. He just doesn't want to be at a total loss. I cant blame him for trying anything he can at this point to just even get an acknowledgment out of Alex, and maybe a path to some form of resolution.
 
Here I want to explain what happened between me and Alex. It is pretty long. Thanks to everyone for your patient and time to read this.

It was May 2006 when I had the first transaction with Alex. I knew a couple of people who had done business with him before and I did not hear anything bad about him. The transaction went smooth and I was happy with what I got. I continued business with him thereafter. I have at least one shipment to Japan every month and I think I had the animals from Alex in almost every shipment. I did get all animals that I ordered and all transactions were good. I was quite happy with him. I bought only NON-CITES animals from him until October 2006.

In October 2006, I ordered our first CITES animals from Alex. I ordered ball pythons and woma pythons, which values were about $22,000. I paid for these animals up front as I did for other non-CITES animals. Alex told me that he applied for CITES. I continued shipping non-CITES animals from Alex to Japan. I placed additional orders for CITES animals, paid for them and Alex told me that he applied for CITES for the additional order. The additional orders include an about $96,000 order of ball pythons in March 2007.

In April 2007, I had NOT received the CITES permit that Alex told me he applied in October 2006. Since it’d taken so long, Ayumi applied for another CITES with Alex’s breeders statement. I and Alex were going to use either CITES permit that comes first.

In June 2007, Ayumi got the CITES permit. I asked him to ship the ball pythons to Japan. I created the list of ball pythons that should be included in the shipment, because the permit couldn’t cover all animals we had ordered. The value of the ball pythons for this shipment was about $55,500. When I received the ball pythons, I found that several ball pythons were not what I ordered. When I placed the order, I requested him to provide their pictures, sex ratio, and their weight. When I compared with these information he provided me with the received animals, some of them looked different from the pictures. Some of them were smaller size. Some of them were wrong sexes. I immediately contacted him to clarify these mixed-up. He responded and told me that he would exchange the pythons that I was not happy with. I chose to keep them because it is too much work to export back the CITES animals from Japan to the US and it will take another few months for CITES permit. This mixed-up caused me troubles with my customers. My customers were not happy that they did not get the right animals and started a rumor that I was trying to rip-off my customers, which was not true. Even though I explained what happened, some of my customers were not comfortable so that they canceled their orders. I told this to Alex and asked if I could cancel some of my order and Alex accept it. I also requested him to go through all of the rest of animals in my order to ensure there will be no more mixed-up. My cancellation was about $28,000, which remained as the credit. In the meanwhile, I placed several small orders with Alex. He sometimes gave me the pricing of the animals and sometimes didn’t. I was not sure how much was the balance in my account. Ayumi applied CITES for all of the rest of animals in my order.

In November 2007, Ayumi received the CITES permit. Around the same time, Alex sent me the balance sheet of my account, which showed the due of a little less than $20,000. However, he included the animals that I did not order, so that I asked to remove them from the sheet. I asked Alex to ship all of the pythons (CITES) and some non-CITES animals. I was going to pay him when Alex tells me exactly how much was the total due. I sent the list of all animals to ensure there would be no mistakes. He was not very responsive to coordinate the shipment. I asked him to ship on 11/19/07 (Tue). He told me that he could ship only the partials, because he had the animals at other breeders, as shown below:

On Nov 19, 2007, at 5:02 AM, sales @ AHR wrote:
Ayumi,

We wont be able to ship everything today because we dont have everything here yet. We we have shipments coming in the next few days. We can ship some of the order today, let me know if this is what you want. But there is no way we can get everything out today, we have animals coming in from Brian, John, and another breeder in Florida....they wont all be here today.

*Brian here is Brian of BHB.
John is John Mac.

As you can see, he emailed in the last minutes, but he did not mention anything about the balance due. I was not sure, but I thought he did not worry because I had paid well.

I told him that I had to wait because all CITES animals had to go in one shipment with the CITES permit. The following week, I could not get hold of him to confirm the shipment. In the later night, he sent me the email below:

On Nov 27, 2007, at 10:18 PM, sales @ AHR wrote:
Hi Ayumi,

I am embarassed to send this email, I had a problem with Brian tonight and
he basically told me to "fuck off". He wanted me to pay him much more money
because he feels like he's been taking care of the animals for so long that
it cost him more money...so I should pay him more money. Anyways, I feel
like I lose a lot of face with you and Yusuke so I am very embarassed to
send this email. I cant think straight right now because I am so mad. I
decided not to pay him more money, so now I may have to sue him in order to
get back the money I already paid him. That is not your or Yusuke's problem,
but I just wanted to let you know what happened. Please please please, do
not ever do any business with him...I feel like he treated me very unfairly
and also doesn’t care about this problem. I shipped you everything that I
have at my place which is listed below.......after this shipment, I owe
Yusuke approx. $30,000.00 , I can refund him this balance or I can give him
credit / more animals. Whatever he wants, I will do, just let me know...I
can send a complete list of animals we currently have here now.

Here is everything that has been shipped to you by my employees........

6.1 pastels
4.0 cinnamons
3.3 yellow bellys
1.2 albinos
1.1 axanthic
0.2 lessers
1.1 mojaves
2.0 large spiders ( breedable )
0.2 het albinos
0.2 het piebalds
1.0 super pastel

I'm probably forgetting a few things, but I really cant concentrate right
now because I am just so mad and agitated. Please let me know if you have
any questions.

I was a bit panicked when he sent me this, because I worried what my customers would say about my business this time. The rumor in the summer already hurt me and I did not want to ruin my reputations any more. I told him he should get the replacements of the missing pythons and to ship to me. My order was not filled and I ended up shipping incomplete package. This shipment value was about $25,000. I also have to mention that I got a blue eye Lucistic instead of a Superfire from him. I also immediately contacted him and sent him pictures:

Begin forwarded message:
From: "Ayumi Shimada" <[email protected]>
Date: December 21, 2007 7:01:47 AM PST
To: "Alex @ AHR" <[email protected]>
Subject: Re: Superfire ball python

Alex,

I thought the exactly the same thing when Yusuke told me about it. Don't tell me that.


The pictures are attached. You have 5 pictures of the same animal. You can see it has blue eyes, not all black eyes. It also has grayish color on the head.


Let me know what you think.

Thanks,
Ayumi

On Dec 20, 2007 11:45 PM, Alex @ AHR <[email protected]> wrote:
Hi Ayumi,

Don't tell me that :-(

Ask Yusuke to send me pictures as soon as possible. I have to call the
seller and verify.

What about the Retics? Were they both supers?

Have a good trip and vacation.

Alex


-----Original Message-----
From: Ayumi Shimada [mailto:[email protected]]
Sent: Thursday, December 20, 2007 8:03 AM
To: Alex @ AHR
Subject: Superfire ball python


Hello Alex,

Yusuke picked up the animals yesterday. When I talked to him this
morning (or yesterday morning, I've been up whole night...), he told
me the superfire ball python was not superfire... Both of us didn't
have enough time to talked about it, but what he told me was that the
eyes are different. He said it is supposed to be black, but they
were blue.. And some head pattern are different... He thinks it is
supermojave or something...

I kind of remember you said it is actually blue eyes before? I am
not sure it was about superfire though... I will find out what he is
talking about, after I arrive in Japan. Yusuke wanted me to tell you
that he is not sure if it is a superfire.

I will talk to you soon.

Thanks,
Ayumi





He responded he would confirm with the seller, but I never heard back from him since December 27, 2007. I called and emailed him many many many times, but he never replied.

As for the cages from ARScaging, we placed our order in October 2007 and wired the payment of about $40,000 to Alex. Alex was supposed to forward the payment to Brian Hahn. I was told that it would take 1-2 months to fulfill my order and I decided to wait until then. When the cages were ready, Brian contacted me so that I and Brian arranged a container shipment. Then, I found out that Brian never received the payment from Alex. It was in January 2008. I called him right away. I never get in touch with Alex though I tried by many many calls and emails.

After we found about the cages, I wanted to have my money back in my account. There still should be about $30,000 credit for the animals. With the $40,000, Alex owes me about $70,000.

I hope this post straitens up my claim better.

I have some other episodes that I want to share. But I will post it later…
 
I am writing the details now.

The amount of money that I paid for a ball python and a rack in total is 160,000 dollars.

Does this include the first order in which everything was ok? Can you post proof of each payment for just the last agreed upon deal that this thread is about, not including the first transaction that went without a hitch?

4. Samurai Japan

This one is real “tricky” and legal actions have been commenced, I’ll make this one right to the point…..they ordered a bunch of ball pythons, in excess of 120,000.00, tried to cancel and back out of 70,000.00 after we already made 2 shipments to them and after we held them for a number of months. They commenced legal action on 4/3/2008 retaining attorneys in order to bring suit or legal action against us, since then, they have retained in excess of 3 firms/agencies. In every instance, their attorneys were forwarded to our attorney whom provided them with all the info we have, in every instance their legal representation have ceased or declined to pursue this further with us. At this point in time, I believe they have retained another firm in the last 2-3 weeks.

I don’t have a problem shipping every single last ball python they ordered from us just as long as they complete this deal and pay us the balance based on those agreed prices.

I don’t know how much more I can or cant say since they initiated legal action. But I will say that I am more than willing to work this out with them, but they have tied my hands by initiating legal action that has gone nowhere for them. For as long as they think legal action is the way to go, then I have no choice but to remain silent on the matter and allow my attorney to handle it and file any counter claims necessary.

The reason I ask is because in Alex's reply he states that there is a balance due to complete the original order as agreed upon.
 
Nope, that's not what he is saying at all.

What Richard said clearly was:
-------------
"if he does not have the monney other terms could be made but only under supervision of a neutral 3rd party ( think of paying in installments 50 / 50 or paying in Healthy Tested cryptofree leopardgeckos ofr wholesale prices ( since thats what he billed me before ) of my choosing for the ammount of 750 dollars."
--------------

If Alex doesn't have the money then Richard will consider other options, so he isn't totally screwed, which was Alex's THIRD OPTION just in case you forgot. ;)

If I'm wrong on that, Richard can correct me. But that's how it reads to me.

Also, the offer you are quoting from Richard has been made most recently. He just doesn't want to be at a total loss. I cant blame him for trying anything he can at this point to just even get an acknowledgment out of Alex, and maybe a path to some form of resolution.

Chuck, Point taken.

What about the loss of money incurred by Alex for shipping to his exporter then having to be shipped back to Alex because Richard canceled the order the same day when Alex already shipped the animals?

Then again why did Richard place another order with Alex when Alex hand delivered to first order to him in Hamm and he never said anything about the geckos at the time of delivery? He did contact Alex about there being one mislabled and Alex agreed to replace them, but there was no mention of them being in poor health or wrong size in his communications posted to Alex. If they were in fact in poor health or wrong size, should he have not told this to Alex at the time of delivery or in a timely manor so that Alex could correct it? But Richard didn't mention this at all to Alex but he did place another order with Alex after the first in which NOW he says the animals were sick and the wrong size?

----- Original Message -----
From: Alex @ AHR
To: 'Richard van Vondel'
Sent: Tuesday, September 16, 2008 4:35 AM
Subject: RE: Hamm Terraristika


Hi Richard,

Yes, no problem.

Thanks again for the business. It was nice meeting you at Hamm.

Alex
-----Original Message-----
From: Richard van Vondel [mailto:[email protected]]
Sent: Monday, September 15, 2008 2:26 PM
To: Alex @ AHR
Subject: Re: Hamm Terraristika


Hey Alex,

i would like to order for the Hamm December show.

1 MSSPTA Male = 270 including shipping

1 MSSTA Male = 120 including shipping

3 MSSTA Females = 360 including shipping

Total = 750 dollar downpayment (half ) will be made within a week or so.


that would be it for now.

can you confirm this order and if it can be delivered so that i can tell the ppl ordering that the delivery will be made.

greetz and again thanks

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.

----- Original Message -----
From: "Alex @ AHR" <[email protected]>
To: <[email protected]>
Sent: Tuesday, October 21, 2008 7:46 AM
Subject: RE: Pictures of the MSSPTA witch is a MSSTA


Hi Richard,

No problem...we'll send a replacement for the MSSPTA. Just remember to bring
the MSSA to Hamm in December so we can switch it out.

Just to make sure......

Your order was, 1.3 MSSTA nad 1.0 MSSPTA

Now.....

0.4 MSSTA / Paid
2.0 MSSPTA ( one which was included and paid for in the last order and one
which we are switching out with the MSSTA )

Thanks,
Alex


Invoice is PDF il atached a file wich is the invoice on the invoice it says 120 dollars since that is what i still had to pay for a MSSTA wich was supposed to be a MSSPTA i told him that il pay for the MSSTA ( 120 dollars ) and that he could send me a new MSSPTA ( wich then i had already payed for )


Thanx Richard van Vondel
 
I stated why I didn't bring it up. I don't have any recourse and don't expect anything.

An allegation was made against Alex and I presented what I felt was character witness.

Nobody is going to convince me that lighting or background is the sole reason the picture emailed to me was hilighter yellow. Or why, in his email about the snake (posted with the screen shot), he describes the snake as having "a really defined black pattern along with really clean yellows and sides".

I needed a female lemon pastel at the time, and that was all I could find. I didn't want to return her, so there was no reason to go to Alex for anything. I did, however, jump on the first opportunity to post the pictures so that people can see what went on with my deal.

So you jump on the man while he's down about something that YOU admittedly never even mentioned to Alex so he can make it right?
 
Chuck, Point taken.

What about the loss of money incurred by Alex for shipping to his exporter then having to be shipped back to Alex because Richard canceled the order the same day when Alex already shipped the animals?

Alex should be entitled to the precise compensation for work and costs he incurred and provide a refund balance to Richard.

But again, even that hasn't been done.
 
So you jump on the man while he's down about something that YOU admittedly never even mentioned to Alex so he can make it right?

Exactly. If he knew the photo was so messed up and felt he was given a misrepresented animal he should have contacted Alex. The BOI is not the place someone needs to hear of an issue first.
 
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