here you guys go... This is the email conversation so far between my husband, Ryan, and James... It kind of amuses me that he doesn't take us seriously, LOL! If he doesn't he sure will find out in court
On Sat, Jan 9, 2010 at 11:05 PM, <
[email protected]> wrote:
Dear Mr. Bayles,
First let me introduce myself. My name is Ryan Caspillo, and I am the husband of Ashley Caspillo. We purchased an Anery BCL on September 8th, 2009, who seemed to be in healthy condition. Two months later, this BCL suddenly, and without warning, died on the morning of November 13th, 2009. (You were contacted the day before with concerns on the 12th.) The BCL was brought into WestGate Pet Clinic for a necropsy the same day. We requested a refund and at your request, we provided you a copy on the necropsy result on 19th November, 2009. Since then, you have ignored further request of a refund on the sick snake, which tested positive for IBD, that we purchased from you. As a courtesy, I have attached a copy of the necropsy results.
That being said:
This is an official demand that you refund the $190 paid to you for the Anery BCL we purchased from you. We have made several attempts to have this issue worked out in a timely manner and you have failed to respond to my wife's requests. Therefore, I see no other alternative but to demand a full refund of the $190 that I paid for the anery BCL, plus refund of my $190 paid to WestGate Pet Clinic for the necropsy. This is our last request. If you do not respond within ten days from today's date, January 9th, 2010, I will be forced to pursue legal remedies, to include actions in small claims court for the $380. I hope we can settle this matter quickly and amicably.
Sincerely,
Ryan and Ashley Caspillo
Jan 10, 2010 04:36:22 PM,
[email protected] wrote:
This is one thing I don't understand. Did you read my TOS? It has been brought to my attention that while I was being told and you where being told not to seel any boids that you where in fact selling your baby snakes. You told me I was costing you money because you could not sell any of the babies until you figured out if the IBD had spread into your collection. In the meanwhile you where still selling the babies and not letting anyone know about the fact that you where very concerened about it spreading to your collection. to me it seems as if you where not really that worried.
On Sun, Jan 10, 2010 at 5:57 PM, <
[email protected]> wrote:
Mr Bayles,
I was unaware of any TOS, as I have not found your website. Furthermore, I do not know of any TOS which states "I will not refund even if I told you the reptile was healthy, when indeed it was very sick." Selling something under false pretense is not only unethical but a type of fraud. On another note, publicly announcing, on the Fauna Classifieds, that you will not be selling, trading, or taking in any other types of reptiles is one thing. It is another to try to go and deceive other potential buyers on the Cleveland Classifieds (Craigslist). It is apparent that you have no concerns for your animals or other people. You have nine (9) days to comply with our FULL refund before we will take legal action. Our legal team is fully willing and able to contact T-Mobile for your address so you may receive your summons in person.
Regards,
Ryan and Ashley Caspillo
Jan 10, 2010 05:06:32 PM,
[email protected] wrote:
As you have stated before that IBD is a crazy diesease. I was not nor where you aware of any problems for 2 months so how can you say I purposely sold you a sick animal that showed no signs of being sick? Why are you still selling animals if you are so worried about the disease spreading? The cornsnakes where a totally different situation and there was no deception. I was straight forward about them. I did not sell you an animal under false pretenses as you said yourself the snake was healthy when it arrived. It showed no signs of IBD before it died so I or you could not have known that is was sick. Explain how I lied to you in any way when you agree you recieved the snake and it was healthly until it was in your care? I am not trying to be rude or an ass but I am in the same boat as you.
On Sun, Jan 10, 2010 at 6:19 PM, <
[email protected]> wrote:
Mr Bayles,
Please do a quick research, or even google search for that matter, to look up the characteristics and information on IBD before writing me again. IBD is not a disease that a reptile can just "contract on its own." It has to be transferred from one reptile to the next. For reference please look up this site:
http://www.anapsid.org/ibd.html and read the FAQ. (this is just one among many sites you can use for reference.) It clearly states that boas can last for several months before it will die. I do not need to further explain myself or our actions before you decide to read up on proper material regarding this issue. You have had ample time to comply with our request, and nine (9) days is your final deadline. If you so choose to take that route, then we will also be asking the court that you pay all court costs and time taken to resolve this issue.
Regards,
Ryan and Ashley Caspillo
> From: James Dean <
[email protected]>
> Date: January 12, 2010 6:13:53 AM CST
> To:
[email protected]
> Subject: Re: Re: Re: Regarding one of your snakes:
>
> I stiill don't understand why you are selling animals that you feel may be infected with this IBD. I can't figure that out. I have read those articles and that is why I sold you a snake that was healthly when you bought it. You knew it's age and where I got from when you bought it. I am not saying that you deserved to get a sick anumal what I am saying is that I did not or could not have known that it had IBD in the time frame I had the snake. As you stated it can have IBD for a long time and show no signs. You can't bagger me for the cornsnakes and then turn around and sell animals you said might be infected. What is that excatly? You are avoiding the fact that you are selling nskaes that you believed may be infected with IBD and that is worse than me selling you a snake that no one new had IBD. The snake was healthly when you recieved it and a month later as your wife wrote. She also wrote that you would not be selling or takeing in any animales and I have been notified that you are selling the same babies that you said before on Fauna that you would not be selling because you where not sure if they had IBD. You als stated that " I will not be persueing others measures about this snake unless my others start to die" and now you want retrabution. You selling snakes that you said might be infected with this horrible disease is very wrong.
On Tue, Jan 12, 2010 at 10:05 AM, <
[email protected]> wrote:
Mr Bayles,
Please save your excuses for court. This is not a matter up for debate. First of all, you did not disclose where you got the snake from. You keep changing the subject and trying to justify why you sold a sick snake and how its not your fault. The fact is, no one can tell a snake has a blood or neurological disorder unless you perform tests on it. So saying that it "looks" healthy is an invalid excuse. Please do not confuse the issues: You are not a victim but the offender. You sold a sick snake as healthy and refuse to refund, not me. You have 24 pages of complaints against you on the Fauna Forums, not me. You will refuse to accept responsiblility, not me. These are the facts. Please prepare any and all paperwork for court if you do not meet our deadline. You have seven (7) days.
Regards,
Ryan and Ashley Caspillo
Jan 12, 2010 06:22:38 PM,
[email protected] wrote:
I will not meet your deadline without an answer on why you are still selling baby snakes that you said may be infected. I am not going away from the original facts but I need to understand your logic. I sold you a snake with a live arrival guareentee. You agreed it was healthy and even posted a good guy thread about the animal. You have shown no photo proof of the animal that died. There is too many what if"s.
[email protected]
to jmgk8026, me
show details 6:43 PM (29 minutes ago)
Mr Bayles,
You do not have to agree or meet the deadline, but you will be served to appear in court, I guarantee that. All you seem concerned about is not refunding our money spent because we were "selling baby snakes that may be infected." Your "sources" told you that baby snakes were being sold after the anery BCL died. The fact is that when you received my first email, there were zero (0) baby snakes sold. All baby snakes were still in our possession. So you may stop dodging the matter at hand as it has nothing to do with why you sold a sick snake. Let me be perfectly clear on one thing: I AM NOT A LICENSED MEDICAL DOCTOR AND CAN NOT, BY JUST LOOKING AT A REPTILE, TELL IT HAS A BLOOD AND/OR NEUROLOGICAL DISORDER UNLESS IT SHOWS ADVANCED STAGES IN IT'S SICKNESS. If you would like to talk to a medical doctor, you have the medical report and necropsy results already. Feel free to contact them. By the end of the week, if you still decide you want to dodge the matter at hand and not agree to my terms, I will consult my attorney to start the legal filings as well as get sworn statements from both the medical doctor as well as some of your dissatisfied customers. Play this game all you want. You will pay all court cost and attorney fees, as we will be suing for this too. $380 can and will end up costing you much more than you want it to.
Regards,
Ryan and Ashley Caspillo
Now, we are MORE then ready and willing to take him to court... We have already traced his phone and info, so all we have to do is take that to JAG and give it to them and speak with our lawyer
Hopefully he will give us our refund... If not, well... He's gonna have a LOT of court and attorney fees to pay
