Bad Guy James Nicard skink Breeder

[Cyclosaura]

Hello,

My name is Mike Lloret. I have been caring for and breeding reptiles for many years now as a hobby and have never been in a situation like this. I purchased 4 pink tongue skinks from James Nicard in MO in December. The 4 skinks cost me 750 dollars. He sent out the 4 skinks in a tiny box with too many heat packs and cooked 3/4. They arrived to me burning hot. The heating packs were directly on them and because they box was so small they were not able to move away from the heating pack. It was terrible to see.
All of the conversations over the phone have always been civil and he agreed he would refund the money. He then asked if I could send back the bodies of the animals so that he could at least get some of the money back as his friend is a taxidermist and he can sell them to him (This was over the phone). I told him I would rather have him refund my money first as I did not want to spend more money on something I have already lost so much money on. We went back and forth several times until I finally decided fine I will send them back and hope that this guy is a man of his word and will refund me. By this time we had already gotten through all of the holidays and I had asked him for his shipping address to send them. He complied and sent me the address. I then misplaced the address and asked for it again a week later and he replied with he will no longer refund the money and that he thinks I am a scammer? Not really sure how that works. Clearly I am the one that is being scammed.

I have pictures of the dead skinks and still have them in my freezer. He no longer responds to emails or phone calls. I have all of the emails of us communicating back and forth except for the one with his address in it. I must have deleted that one by mistake when going through emails. I will be posting all of the emails and all of the pictures.

I am simply asking for refund as the animals I received were cooked and it was the fault of the owner and packer, James Nicard. I am not anyone that is looking for any problems I would simply like my money back. If anyone knows him I would appreciate if you could reach out to him and let him know that this is ridiculous and I am simply trying to do what is right. People like myself as well as many others on here work hard for their money and there is just no need to take it like this.




His email is [email protected] and I have his phone number as well.

Here are the emails (They start at the bottom and end at the top):




Me
To Jimnic



Jan 28 at 5:29 PM






Are we going to be able to settle this?

 Hide message history







On Tuesday, January 28, 2014 10:21 AM, Michael Lloret <[email protected]> wrote:






Please send me your address so that I can send you the animals and I can receive my refund.







On Monday, January 27, 2014 2:01 PM, Michael Lloret <[email protected]> wrote:






Jim,



How would it be a scam? I have the bodies, we have spoken in a completely civil way. It just so happens it was the holidays and then a big cold front came through. I sent you pictures within seconds of receiving the dead animals and still have them ready to send them back. Please do the right thing and send me your shipping information so we can move forward with solving this problem. I do not want to post this on the BOI on fauna and have this be an issue for you, I know that can easily and quickly tarnish ones name and reputation. I have never been asked to send back dead animals, especially with it coming out of my pocket. I even agreed to do that. I have been calling and emailing you all week with no response. Please be professional and fix the problem you created. I have been compliant the entire way when I should really be angry at the fact that you killed these animals.

I misplaced your shipping information which is the only reason why you do not have them but have tried contacting you several times to get it and you have not responded. With that being said I have a receipt of our transaction and the emails back and forth of us speaking. Everything except for your shipping information. I do not want to make this more ugly than it is, but I will post all of it on fauna if I need to. Please be a man of your word and call me so we can get this resolved.




Jimnic
To Me



Jan 27 at 1:23 PM




Mike deal is done tired of going back and forth I sent you the information as it was on shipping box .and requested bodies several times should of been handled ASAP .I'm not sure what's going on and think this is a scam .The time frame is unacceptable i will not no longer issue a refund .I ship all over and saved all emails aswell never had any problems like this . Thanks JimJames,


Please contact me as soon as you can. I am hoping I am not being ignored as I have called and emailed you several times. Please send me your shipping information so that I can ship you back the skinks and get my refund. My number is (Took my number out).



Thanks,

Mike L

 Hide message history







On Thursday, January 23, 2014 7:09 AM, Michael Lloret <[email protected]> wrote:






James,




I have not heard back from you I left you a message on your phone as well. Please send me your shipping information so that I can get you the pink tongues and we can move forward with this.




Thanks,

Mike



Me
To Jimnic



Jan 20






Can you send me your shipping information one more time. I aologize I have been swamped. The temps dropped significantly over here and I had to bring all the animals in both at work and at home. I want to ship them out today. For some reason I cannot find the email that says your shipping info but if you could send me the info again I would greatly appreciate it


On Friday, January 3, 2014 5:18 PM, Jimnic <[email protected]> wrote:




Yea any way is fine just wrap them good so don't stink .thanks will send money soon as they arrive and sorry again for this .but glad we can end on a positive note. Thanks mike





Dec 30, 2013






I have the bodies, I have proof I can send you pictures videos anything, but I dont want to spend any more money shipping them back until I have my money back. I am at a huge loss here right now that was not my fault. I have no problem sending them back but like I said why would i invest more money in a situation that I already have lost so much in if I don't get the money back?

 Hide message history







On Monday, December 30, 2013 3:22 PM, Jimnic <[email protected]> wrote:




Look bro I been waiting a while told u need bodies and I will send it back .I need bodies as soon as I have them I will send back ASAP . Thanks Jim


Michael Lloret <[email protected]> wrote:



Still have yet to receive the refund. Please send it asap I have been waiting quite a while.





Me
To Jimnic



Jan 3






So you just want me to send them regular mail then? In like a Ziploc inside a bigger envelope?

 Hide message history







On Friday, January 3, 2014 1:16 PM, Jimnic <[email protected]> wrote:




Hey bro not tryin to be hard just need body's in hand as I explained bf and I will send money back ASAP .I am a man of my word and if wasn't trying to resolve this positive I would not waste time to email you back.let me know the plan soon becoming old . Thanks


Michael Lloret <[email protected]> wrote:



Any update on payment? I haven't received it yet.






On Thursday, December 5, 2013 12:35 PM, Michael Lloret <[email protected]> wrote:






Please email me back as soon as you get this! Thank you!







On Thursday, December 5, 2013 11:53 AM, Michael Lloret <[email protected]> wrote:














On , Michael Lloret <[email protected]> wrote:






Jim,

The pink tongues came in and 3 of them are dead with the 4th being extremely lethargic. I am going to try and soak the 4th one in hopes that I can get it to bounce back. Is there a number that I can text the pictures to?

On Monday, December 23, 2013 7:50 PM, Michael Lloret <[email protected]> wrote:






?







On Saturday, December 21, 2013 8:23 PM, Michael Lloret <[email protected]> wrote:






I haven't had a chance to send them. I will probably do it after the holiday if that is alright. I have them in my freezer. Do you mind just refunding it now so that I can have a little bit of extra holiday cash?







On Saturday, December 21, 2013 4:30 PM, Jimnic <[email protected]> wrote:




I. Can refund any time just was waiting on those bodies thought they would be here already.


Michael Lloret <[email protected]> wrote:



I hate to be asking all of the time, but do you know when you can refund?






On Sunday, December 15, 2013 6:42 PM, Michael Lloret <[email protected]> wrote:






Any update on payment? I haven't received it yet.







On Thursday, December 5, 2013 12:35 PM, Michael Lloret <[email protected]> wrote:






Please email me back as soon as you get this! Thank you!







On Thursday, December 5, 2013 11:53 AM, Michael Lloret <[email protected]> wrote:














On , Michael Lloret <[email protected]> wrote:






Jim,

The pink tongues came in and 3 of them are dead with the 4th being extremely lethargic. I am going to try and soak the 4th one in hopes that I can get it to bounce back. Is there a number that I can text the pictures to?











On Thursday, December 5, 2013 7:49 AM, Michael Lloret <[email protected]> wrote:






great! I will let you know when I receive them







On Wednesday, December 4, 2013 9:12 PM, Jimnic <[email protected]> wrote:




Mike your skinks are on the way here your tracking#797315561796
Thanks again buddy


Michael Lloret <[email protected]> wrote:


Where are you located? Sorry I have been swamped with work. As long as the temperatures are alright and you can guarantee live arrival go ahead. I have no had a chance to look at the temperatures.



Thanks,

Mike L






On Wednesday, December 4, 2013 1:18 PM, Jimnic <[email protected]> wrote:




Today is nicer here do u want me to ship today ?


Michael Lloret <[email protected]> wrote:



Mike Lloret

(Address taken out)



It is my work address, so that I can receive them with no problems during the day, make sure they are alright before I take them home.



Thanks,

Mike L






On Tuesday, December 3, 2013 2:57 PM, Jimnic <[email protected]> wrote:




Ok I got it I will take a look at weather after work send me your address thanks


Michael Lloret <[email protected]> wrote:



Money has been sent.






On Monday, December 2, 2013 11:24 PM, Jimnic <[email protected]> wrote:




PayPal is [email protected]


Michael Lloret <[email protected]> wrote:



Let's do it! What is your paypal?

 

[Cyclosaura]

James Nicard

I will gladly delete this post if I receive my money back. I have waited too long and had no choice but to post this here.

 

[AbsoluteApril]

I will gladly delete this post if I receive my money back. I have waited too long and had no choice but to post this here.

Posts cannot be deleted from the BOI.

Since the seller already agreed to refund, it seems that they should stick to it. Good luck!

 

[Magic]

Those poor babies.


What are the seller's TOS? His terms of service should state if he requires DOAs to be sent back or not.

I would be super upset if I received a box like that. That's horrible.

 

[SofaKing]

This guy really shipped these size skinks in that box?! Does he lack common sense?!


Did you pay with a credit card?

 

[Cyclosaura]

I did not I paid with my paypal balance and yes he really did ship all four in that box

 

[terminusthrall]

Those poor guys, how could anyone think that 4 skinks of that size would be ok in a box like that? it is not like they curl up like little snakes. horrible D:

 

[siegtech]

For what it's worth I know Mike well and I can tell you with 100% confidence that he is not scamming anyone. I would trust him 100% with my money or my animals. If this guy who shipped the skinks incorrectly has any sense of integrity, like mike does, he should make it right.

 

[SIGNATURE DESIGN EXOTICS]

I think a refund is due for sure but he did state several times that he needs the bodies why the wait? Please don't take me wrong I agree that the box is way to small and a doa demands a refund just wondering what took you so long. Is one of them still alive and that's why you didn't want to ship back? hope it works out foe you!

 

[Cyclosaura]

Bruce,
I did not agree to send the bodies back until recently, as I thought that was silly considering I could just be spending MORE money to send the dead animals back for him to make even more profit. I did not want to put anymore money into something I am not even sure will get me my money back in the first place. Because I had not received anything back in such a long time, I had agreed to finally send them back around jan. 20 when he still agreed to doing it. I am an elementary/middle school teacher so getting off of work to ship something is not always the easiest thing to do. During that time we had a cold front and I had to head straight home to bring all of my reptiles in for the two long weeks (For Miami) of cold weather. I have quite a few animals so it is definitely a task to bring them all in. During that time I misplaced the address so I continually asked him for it so that I could send the skinks. Even though I still wasn't sure how sending them normal mail would work as they would probably get to him rotten and disgusting. He did not answer my countless emails and phone calls and then finally responded with the comment about him thinking this is a scam which is ludacrous.

 

[Lucille]

Mike

Is one of them still alive?

 

[Cyclosaura]

I found his member profile. Looks like he deals with snakes, boas and monitors as well.
http://www.faunaclassifieds.com/forums/member.php?u=125566

 

[[email protected]]

The reason mike will not reciieve refund is he never at any point complied with my request for bodies .keep giving me excuses of why he hadnt sent them back yet and. Kept requesting payment bf bodies and i told him ,simply needed bodies didnt care how he ship them back .he never wanted to send back until over a month later.not sure what he is trying to pull almost 2 months now and he acting like its my fault and harrassing me .iv talked to him several times and he makes excuses and then keeps asking for address like he dont have it gave it too him on the phone and also was on box they were shipped in.
I told him i would refund momey not two months later .he didnt email me for weeks and then decides he ready to handle it now .this is a scam and dont know how he exspects a refund aost 2 moths later .i habe shipped tons of reptiles never had a problem bf and only do positive buissness and any one who has ever traded or purchased from me knows that .i make customers that come back bc quality and service i provide and quick and easy transactions.The prob here is mike and tried several times and gave him ample time to comply and he didnt . Thanks Jim

 

[j_dunlavy]

Jim, can you post screenshots of the emails between you and mike?
the ones mike posted are difficult to read and may not have all the info.

In Jim's defense, some breeders do want the bodies sent back (but some accept photos); within a reasonable amount of time that is. If I was a seller that had requested the bodies back I would not issue a refund until I got the bodies back, and I would have to draw the line if too much time had gone by without receiving them. Jim did offer a refund pending the return of the bodies.

In Mike's defense, the box was too small for what was being shipped; I have received single baby ball pythons in bigger boxes than that, and the hot or cold pack was always separated from the animal by some newspaper padding.

 

[laterob]

Yeah, there seems to be a gap between Jan. 3 and 20. Some of the email content appears to be missing.

 

[[email protected]]

If it isnt a scam why is my comment gone and i respond tons of times no reason why it took so long and i only had one simple demand and he would of reciebe a refund. Deff not to months later

 

[[email protected]]

Correct

 

[j_dunlavy]

I don't know if I would call it a scam, just seems like Mike has let things go too long. If he wanted his money back that urgently he would have sent the bodies right away. pretty simple imo.

 

[Iraqvet]

Does anyone believe that the 3 pictured are not dead?..James, why such a small box?..That seems like you didn't care at all about how you shipped them, and makes the heat pack issue very plausible..Would you refunded him shipping for sending them back?..If not, I wouldn't have either..Its clear they arrived dead...

 

[chazzz]

Does anyone believe that the 3 pictured are not dead?..James, why such a small box?..That seems like you didn't care at all about how you shipped them, and makes the heat pack issue very plausible..Would you refunded him shipping for sending them back?..If not, I wouldn't have either..Its clear they arrived dead...

My thoughts exactly! What makes you believe Mike is trying to scam you other than not complying with your demands for him to ship the dead skinks back to you right away? Because the way it looks to me is you're grasping at straws looking for a way to get out of refunding Mike. Your reasons for not sending the refund are petty no matter how strongly you feel about them. When you compare the fact that 3 out of the 4 skinks were DOA, which you were notified about and received photographic evidence, to Mike being hesitant about spending more money to ship the carcasses prior to a refund, is comparing apples to oranges. There's definitely something very wrong here and it has nothing to do with Mike not shipping the dead skinks back immediately.

You should have sent him a shipping label for the DOA's to be shipped back to you. Mike shouldn't have to spend another dime on this deal, it's not his fault they arrived dead. This problem rests on your shoulders James and you seem to be reaching for any excuse to get out of refunding him his money which he is owed, no question about that. Unless of course you have strong evidence that the skinks in the photos are not the animals you sent or you believe they're still alive is another issue. But you have not stated or contested those claims, only that Mike has taken to long to send them back to you. Really, how is this a scam on Mike's part?

Also your claims of being a great seller and having repeat customers has no bearing on this situation. Mike still paid for 4 skinks in which 3 arrived dead and now you are refusing to take responsibility and refund him. How can you justify this? Have you shipped other animals that arrived DOA and the customers shipped the bodies back to get their refund? Or is this the first time you have had to deal with a situation like this? Was that the box you shipped them in, I'm assuming it was because you didn't say it wasn't. That box was way to small obviously, since 3 skinks died in transit due to improper packaging. Did you ever tell Mike that you won't refund him unless you receive the bodies back by a certain date? Or did you just decide that to much time had passed when he said he would ship them?