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John Schmitt,

I do have pics of the emeralds from when I first got them but they are on film and I don't have a scanner. I can take some of the emeralds with a digital camera if you like. The emerald that is alive looks 80% better now but has yet to hold down a meal, and the dead one I have in the freezer, he is a little stiff but if you want a pic let me know.

David.
 
Actually I was hoping for pics at arrival David. They would be the most useful in showing the condition Mike sent them in. Glad to hear that there has been improvement in the survivot though.
 
Here are some pics of the carpets before Mike Losley
 

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And here are some pics 5 minutes after I unpacked them 8-1-06
 

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This is just Disgusting!

David, im so sorry that you were trusting enough to believe this guy, and he totally screwed you over, and your animals! I am Suprised that he did in the end, even send them back at all!! Maybe he finally realized that he couldnt take care of these animals properly... as we can all see, and of course with threat of legal action, got a little worried about what the real world might just do to him. ( animal cruelty, negligence,fraud, misrepresentation) lol im sure the list goes on. and all im sure carry a sentance of 2 years a piece. :p

either way, poor things its sad they had to suffer through this as well.

youve got him running scared now. I hope so. And if he resurfaces again im sure well catch on to him in a heartbeat.

For the future. I wish you much better luck in any other transactions you do. I really hate seeing these things happen to upstanding people.
 
Anybody heard from Mike Losey? I would love to know what Mike has to to say for himself. Wish Mike would tell his side on here. Thanks again everybody for your support.
 
Snake Pit Boss said:
Right around the middle of May I met Mike Losey. I am the person David spoke about in his post. I am not sure where it was that I hooked up with Mike. It must have been some advertising classified. Anyway, Mike emailed me and said he had 1.2 Emerald Tree Boas. I told him about various snakes I had and he emailed me back with what he would take in trade for the boas. My son Joey and I drove 160 mile and got off I-4 at exit 10. There is a cracker Barrel rght off the exit. Mike arrived, we shook hands, and I began to pull each of the seven snakes I had brought for the trade. When I finished, I threw each of the bags int the back seat of Mike's pickup truck. Mike then unknotted a pillow case and began to show me the Emeralds. From the moment I saw them I knew they were wild caught. I asked Mike, "I thought you told me these were CBB. He reiterated the statement that they were CBB. Onel look close up showed that there were mites on the animals and there was even a tic which I showed to Mike. All three of them had areas where there were, I counted, three layers of shed. I told Mike I could not take "these wild caught animals" for my breeding stock. I told my son Joey to pull the bags out of the backseat of Mike's pickup. Mike made a move to block my son, but as he moved I stepped in between him and my son and told him "Even thinking about it would be stupid." He flushed red. I told him i would give him $100 for all three of them. He got a little upset. I also told him he needed to take the animals to a vet. Looking inside his truck, there were leather seats, nice upholstery, it made me think, here is this guy with this nice truck, he was dressed well, he had a nice watch on and a ring or two. Why would this guy want to be looked at as anything other than a decent guy?

Well I found out about David's problems with Mike when I was in the middle of a deal with David. David had wanted to buy a hogg island from me, but he told me he had recently gotten ripped off by a guy named Mike who sold him some bad emeralds. As soon as he said it I told David about the meeting with Mike at the Cracker Barrel. He then realized the during his dealing with Mike, Mike had put him on hold to possibly with a local guy (me). So, I decided to help David. I contacted Mike and told him who I was, and what I knew about the snakes. After that I began getting threatening emails from Mike telling me I would be in my best interests to stay out of the situation. When I wrote back and told him I felt like he was threatening me, and he could come see me, or we could arrange a meeting anywhere he wanted to. I also reminded him of how he backed down when he tried to make a move in the parking lot. He sent me anther email or two, and then I wrote to his boss as well. His boss had sent David a very sarcastic email and I wrote him back to basically tell him where he could put his condescending, patronizing, totally sarcastic email. I ripped him so bad he did not even have the courage to write back, but Mike did, reiterating his threat. I told him I was going to go down to the local sheriff's department and file charges for terroristic threats and fraud.

Mike Losey is a crumb. He is worse than a crumb. t seems that David found ut one thing, no matter how nice the snakes, Mike coud screw them up. He not only should be barred from this forum, he should be reported to every animal listing there is. He should not be allowed to ever torture another animal. He is a abuser who thinks so highly of himself that he feels no one can touch him. And his boss should be made to go take intelligence classes. Any guy who would step up for Mike, knowing or not knowing what kind of person he is, needs to smarten up. I even asked his boss in my emali, "If you know what a loser Mike is, and you know what he has done to a small fry like David (no offense, David) what makes you think that when he no longer has a use for you, he won't rip you off in some way. He had no answer.

John V. LaCorte, Jr
.
David first off my apologies for briefly taking this off topic.... John, those are some mighty pretty words you have to say about Mike Losey,They really are. But this just brings only 1 question to my mind "Don't you still have some unfinished business with one of the members here ?" http://www.faunaclassifieds.com/forums/showthread.php?t=69260 Why don't you address these problems before casting stones on to others. Just a thought :>poke2<:
 
The other emerald died sometime last night. I just got home from work (I work nights)and found her dead in the bottom of her cage. Now all I have to show for this trade is two dead emeralds, four half dead-worthless carpets, and vet. bills. If the coastal carpet that is the worst off makes it another night I will be shocked. Anyone have any ideas what I can do now? I am thanking of legal action. What would the best thing for me to do? Do I cut my loses or go after Mike Losey with everything I got? Any help or advice would be greatly appreciated. I have both emeralds in the freezer if anyone needs to see pictures.
 
David,
Sorry to hear of the continuing demise. Its all a civil issue. You could spend $100 or so talking to an attorney, and be told that you don't have what you would need to prove gross negligence, willful fraud, etc. Animals introduce intangibles with regard to assigning human culpability. Doesn't mean that you don't know the animals may have been misrepresented, poorly cared for, etc. Civil litigation would easily cost you 5-10 times what you'd be seeking to recover, and it is highly unlikely you'd get fees covered. You also agreed to a first remedy. You shared your experiences here, and you and others learn from them. I do hope that things start to improve soon enough.
 
wow what a mess so sorry bout the mistreated snakes poor things sometimes in this hobby/buisness ethics and making things right is priceless saving money to just settle isent worth the paper its printed on u want what u payed for and thats it best luck in the future dallas.
 
go_topless said:
I'm sorry, I keep forgetting to post my full name in my posts.

David Means
David, FYI you don't need to add your name to the body of every post, because you have it in the panel to the left
<--------------------
 
David as long as your name is in your info on the left(profile info) you don't need to write it in each time.. It would be a good idea to post photos of the emeralds when you got them and shots of their bodies. Also by freezing them they can't do a necropsy..

I'd talk to a lawyer and get their advice as to what you can do.. Usually the first chat is free so may as well find out. Good luck..Randy
 
I just read Jim's post above, David in civil court you just have to prove what is most likely. If you get a Vet or two to say that the Emeralds were WC that proves misrepresentation ETC.. I'd go talk to someone and see what you can do..Randy
 
Chameleon Company said:
You also agreed to a first remedy.
Sorry, but I agreed to the third remedy and to getting back healthy, mite free carpets. This is not about the money I'm out, it is about not getting what I was told I would get and the treatment of these snakes, both the emeralds and the carpets.
I will be posting the pictures of the dead emeralds sometime tonight. I have been working a lot of hours and have not had time.

Thanks, David.
 
David,
What I said was not about assessing blame, etc, as where that should be placed is pretty clear. It is about what an attorney will tell you, and was in response to your question about legal options. Suggest you spend the money to get real legal advice rather than debate advice about legal issues here. Many confuse "fairness" with the law, and it why the adage "buyer beware" is so true.
 
As promised, the pictures of the dead emeralds.
Thanks, David.
 

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go_topless said:
The other emerald died sometime last night. I just got home from work (I work nights)and found her dead in the bottom of her cage. Now all I have to show for this trade is two dead emeralds, four half dead-worthless carpets, and vet. bills. If the coastal carpet that is the worst off makes it another night I will be shocked. Anyone have any ideas what I can do now? I am thanking of legal action. What would the best thing for me to do? Do I cut my loses or go after Mike Losey with everything I got? Any help or advice would be greatly appreciated. I have both emeralds in the freezer if anyone needs to see pictures.

Just for general information, take a peek at this site and carefully read the link provided to the Consumer Protection Act.
Here:
http://www.oag.state.va.us/CONSUMER/CONSUMER_FRAUD/index.html
 
UPDATE:

Mike Losey has yet to contact me to make our trade right or pay me what I'm owed. I PMed Mike and asked who his attorney was, he did not respond.
I had to have the coastal carpet put down, he has to sick to save. Yesterday I received an email from someone that also got sent some sick snakes from Mike Losey. I hope he will be posting a thread here in the BOI soon.
I'm am posting what I think Mike Losey owes me.

Vet. bill from emeralds:
Exam/Consult....................................$46.83
Fecal parasite Centrifugation Test.........$29.94
Metoclopramide Tablets 10mg...............$ 9.55
Panacur Suspension............................$12.16
..........................................Subtotal _________$98.48

Three Jungle Carpets..........................$225.00ea
Three Coastal Carpets........................$100.00ea

..........................................Subtotal _________$975.00

Shipping the Carpets to Mike................$34.54

..........................................Subtotal _________$34.54

..............................................Total _________$1108.02
.............................................Credit ________-$250.00
.......................................New Total _________$858.02

I will give Mike a fair
value on the carpets
he sent back that
lived. $100 on each
of the Jungles and
$50 on the coastal.

I believe I am being more than fair asking
for the money I'm out because of
Mike Losey misrepresenting the animals in the trade and
mistreating the animals I sent him. I hope
more people come forward with their dealings
with Mike Losey. This man has no business
owning or selling any animal anywere.

Mike Losey pay the people you owe money to.
 
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