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  • IMPORTANT! PLEASE READ!! About the Google Adsense ads being displayed

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    Google Adsense ad revenue for December, 2025 was just $30 over the cost of the lease for the server running this site. So, in effect, the money providing the incentive for me to continue running this site is coming SOLELY from the paid memberships and sponsorships here. Which honestly ain't much....

Bad Guy Steven From Big Apple Pet Supply....Unpaid Invoices and Chargebacks

The Truth Behind This Dispute.

It is disheartening to learn of this post and thread. This is essentially a dispute between two companies. However, I want to set the record straight since Jay has made the terms of our agreement public even though we have a signed contract with a clause stating that doing so would be in breach of the contract.

Jay's statement that all of the animals that we have been listing on Kingsnake and on Fauna is drastically inaccurate. The fact is that only a very small percentage of reptiles that we sell came from The Jungle Florida. His statement that we will not be able to fulfill orders to customers that purchase from us is also false. We are continuing to sell reptiles as we always have during our 22 years in business. It should be noted that Kingsnake banned Jay and The Jungle Florida from posting there.

It is correct that Jay confiscated about 20 of our reptiles that he had in our care as he only gave us 24 hours to come and get them knowing full well that we did not have a location setup to house them properly in Florida. It is also true that both my company and Jay's company purchases the majority of our reptiles from others but that is how most companies operate that sell reptiles.

As for the chargebacks on American Express, this regards 50 tortoises that Jay purchased from another vendor and we both split the shipment. After selling 10 tortoises we put in an order one morning to have him ship the 11th of our 25 left to our customer. When we requested the tracking number late that afternoon we received a response back that none were left. We said that's not possible because we have 15 left of our batch. Jay responded at that time that most of the entire shipment had died. We never saw any of the dead tortoises of which he claimed more than half of the entire shipment died.

For months I asked him to dispute the charge so we can both get our money back. At the time, these animals claimed dead represented $1350 in sales. I have many emails dating as far back as six months ago with him claiming he was working with the vendor, and then the bank, as well as many unanswered emails requesting him to provide the information. When I finally pressed him for the case information and the paper work from the bank a few days ago he texted “There is no paperwork on the credit card dispute and I'm waiting on that.” When I said every dispute at a bank has paperwork that is when he said I'm terminating our agreement and come get your animals.

The total of my American Express disputes does not begin to cover my costs of his breaching the signed agreement by terminating it with no reasonable notice or reason. My costs include the animals he confiscated, the cost and loss of sales of the tortoises which he claimed died, unpaid invoices for products he purchased from us, unpaid use of our Fedex account to ship reptiles to his customers and programming costs of all the animals from The Jungle that have now been pulled down from our website.

In addition to this, Jay has has falsely indicated in dozens of posts in multiple social media channels that “They will not be able to fulfill orders to any customers that purchase from us.”. Again, this is absolutely false and only a small percentage of our reptile sales came from Jay's store The Jungle Florida.

After 22 years in the reptile industry and with tens of thousands of sales to happy customers I am not the bad guy. One could easily look to charity and community events like my Run For the Paws 10K race that I created and hosted just 3 weeks ago raising thousands of dollars for the local animal shelter in Boca Raton. I have another one planned in January that I expect to raise tens of thousands, all going to help save animals lives.

The bottom line is that this is an unfortunate dispute between two business's which will likely play out in the legal system since Jay indicates he will continue to pursue damaging my reputation online all while mishandling the facts and truth behind this dispute.

Anyone who wishes to contact me for further information regarding this matter may call me directly at my office.
 
While I can see what you are saying regarding the tortoises, that doesn't explain why you haven't paid invoices not-related to the tortoises. Isn't not paying for animals shipped, also a breach of contract?

By not paying your outstanding bills related to animals sold and shipped, did you not breach the contract first?

~Beau
 
I have told you that you can have your animals back after I am paid. Why would I give you back animals when I have not received any payment on your invoices? I dont want your animals. I have and you have pictures of the dead tortoises. You put in a dispute on your Amex stating you did not receive your goods. Yes, you did and you sold them. How is putting a dispute in on your CC a result on what you "think" you've lost and on me holding on to your animals until Im paid?
 
Hi Beau,

We didn't pay him the $689 in invoices due only after he canceled the contract but that pales in comparison to what I stated in my last post
which includes unpaid invoices to us and no offer to refund for the animals we never received that he claimed died in his care. It was obvious that he lied about disputing it with his bank and I have emails between us to back that up.

From my post above... the total of my American Express disputes does not begin to cover my costs of his breaching the signed agreement by terminating it with no reasonable notice or reason. My costs include the animals he confiscated, the cost and loss of sales of the tortoises which he claimed died, unpaid invoices for products he purchased from us, unpaid use of our Fedex account to ship reptiles to his customers and programming costs of all the animals from The Jungle that have now been pulled down from our website.

While I can see what you are saying regarding the tortoises, that doesn't explain why you haven't paid invoices not-related to the tortoises. Isn't not paying for animals shipped, also a breach of contract?

By not paying your outstanding bills related to animals sold and shipped, did you not breach the contract first?

~Beau
 
Hi Beau,

We didn't pay him the $689 in invoices due only after he canceled the contract but that pales in comparison to what I stated in my last post
which includes unpaid invoices to us and no offer to refund for the animals we never received that he claimed died in his care. It was obvious that he lied about disputing it with his bank and I have emails between us to back that up.

From my post above... the total of my American Express disputes does not begin to cover my costs of his breaching the signed agreement by terminating it with no reasonable notice or reason. My costs include the animals he confiscated, the cost and loss of sales of the tortoises which he claimed died, unpaid invoices for products he purchased from us, unpaid use of our Fedex account to ship reptiles to his customers and programming costs of all the animals from The Jungle that have now been pulled down from our website.

Please don't misunderstand, I am not saying that it doesn't "pale" in comparison, but I have been in business for 27 years and I happen to know from first hand experience that you do not get to ignore one bill because someone didn't pay you for a different unrelated bill.

You brought up things that were a breach of contract. Not paying invoices that are contractually agreed upon is itself a breach of contract.

From a legal stand point, I ~believe~ (though I am sure others with more formal training in the law will chim in) the question of who broke the contract first holds relevance.

~Beau
 
Beau,

You seem like a nice guy and I appreciate your input and 100% agree with you. I have a dated text from him prior to those bills having to be paid stating that he is "voiding the contract".

I also have unpaid bills from him for product that he purchased from us dated 6/3/2016 and unpaid Fedex charges for using our account dating back to 7/5/2016. These unpaid bills come substantially before any claims of the bills he said that we haven't paid. Again, I didn't pay them only after he texted that he is voiding the contract.

The fact that in 7 months he never really filed the dispute on the animals he claimed were dead all the while telling me that he was handling it seems to reveal quite a bit about this situation. I've been forthcoming and truthful in my responses here. I just wanted everyone to know the real details of this matter and defend my good reputation.

And just for the record, there is nothing in the contract regarding payment of invoices but there is clear statement of who can terminate the contract and a very clear clause relating to confidentiality of the agreement.


Please don't misunderstand, I am not saying that it doesn't "pale" in comparison, but I have been in business for 27 years and I happen to know from first hand experience that you do not get to ignore one bill because someone didn't pay you for a different unrelated bill.

You brought up things that were a breach of contract. Not paying invoices that are contractually agreed upon is itself a breach of contract.

From a legal stand point, I ~believe~ (though I am sure others with more formal training in the law will chim in) the question of who broke the contract first holds relevance.

~Beau
 
Steven and Jay, could you both show emails and texts showing your side?

More specifically Steven- the texts from Jay from your first post.
Jay- your emails/texts showing you sent pictures.

Chase
 
Steven and Jay, could you both show emails and texts showing your side?

More specifically Steven- the texts from Jay from your first post.
Jay- your emails/texts showing you sent pictures.

Chase

Chase, I think that yours is a wonderful idea. On a previous thread, when pressed for details and proof, Jay instead headed off those requests by telling people to call him. That doesn't get it, we all want to know what is going on.
Let's see texts and emails done on some kind of timeline please.


Let me try to clear this up. This is Jay, the owner. I have other people posting my ads on fauna as well as other websites. I am trying to run my retail store and many of you may know, running retail is alot of time, so i have 2 other people posting ads. This is why it is stated that if you have any questions to please feel free to call the store and ask for me. I apologize if what we have posted may be incorrect. I DO NOT breed retics and received this animal in on a deal with other animals. Just like any other animal that is being sold as "hets", you never know if this is true until being bred. I was told the animal came from NERD and am not trying to throw anyone under the bus. I have had other retic guys see this snake and no one has ever mentioned that this couldnt be possible until we posted it. What would have been nice is instead of people bashing other people right off the bat online, I miss the good ol days when people would pick up the phone and talk about an issue. I have removed the ad since there is speculation of this animal. If I sell this animal, I have my name on it. As far as the Albino Dodoma, the adults were produced by Russo out in Portland and he is selling his stuff on KS. Are you questioning his stock as well. Im not going to get into an arguing match here online. I have stated and hopefully answered any questions there were about this. If you have any other issues with me, my staff, my animals, please contact me so we can discuss what you feel is inaccurate. 954-427-2938
http://www.faunaclassifieds.com/forums/showthread.php?t=581979
 
No problem.....Ive never uploaded images or texts on here before. Any suggestions? I dont believe I avoided any questions on something anyone wanted. Sorry if I did. I will show you anything you would like to see.
 
Jay, in the contract, is there a clause about not discussing the contract?

Did you ever come to a resolution with the vendor/breeder you bought the torts from?

Steve, disputing charges for torts you have sold to customers and have received funds for is theft. Regardless if Jay has outstanding invoices that are unpaid. He claims you have outstanding invoices that have not been paid by you as well.

----
I have never done business with Big Apple, but I do know Jay. I will try to be impartial with my responses.


Sent from my iPhone using Tapatalk
 
The breeder never got back to me. I saw his ads on Facebook and he has not been active since the beginning of the year. I did try to put in a dispute with all of this. I was using TD bank when all this was going on. I switched banks back in the beginning of the year. I was giving this breeder the benefit of the doubt in making this right. Time did go on, I than went to TD and tried to open the dispute against this person. Because my account was closed they couldnt open up a dispute because it was on my debit card, not a credit card. I have still been sending this breeder emails and FB messages hoping he would make right. This "contract" that Steve is talking about.....well should I say what it says? Not sure this is good idea. It doesnt say what he is proclaiming. Ive said it for the last week and will say again...."pay me for your invoicing (taking out what I know I owe), come take your animals, stop lying to your CC company saying you never received your animals when I have proof you did, and this stops.
 
This "contract" that Steve is talking about.....well should I say what it says? Not sure this is good idea. It doesnt say what he is proclaiming.
That's a pretty slick move, on the one hand avoiding showing proof because you are 'not sure if it is a good idea', but on the other hand sticking it to him by saying he is wrong.
 
I have never done business with Big Apple, but I do know Jay. I will try to be impartial with my responses.
I have, for goods not critters though, with no issues. I knew they drop ship but I thought it was from ReptMart.

I don't know if Jay posted an exact timeline for the spurs that died - what date he received them, the date they started dying, the dates he contacted that supplier, when he tried to initiate that chargeback, if any of them were sold off before they died,, when he first notified BA there was a problem with them, etc.

IMO the chargeback for the stars is out of line since they were sold by BA and drop shipped to other buyers.

Does the contract address who eats the loss if a critter dies?
 
I may have missed it. How many Spur Thigh Tortoises did you guys purchase together, how many were sold, how many died and how many are left?
 
From my post above... the total of my American Express disputes does not begin to cover my costs of his breaching the signed agreement by terminating it with no reasonable notice or reason. My costs include the animals he confiscated, the cost and loss of sales of the tortoises which he claimed died, unpaid invoices for products he purchased from us, unpaid use of our Fedex account to ship reptiles to his customers and programming costs of all the animals from The Jungle that have now been pulled down from our website.
Do you have liquidated damage clauses specifying amounts to be paid under certain circumstances to make recovery easier?
Contracts can be complex, some specifying in detail how disagreements are to be handled.
Does your contract have all these specifications or is it more general?
 
Steven and Jay, there have been quite a few questions and requests, and neither of you are answering. Perhaps both of you have something to hide, if not, now would be the time to supply some of the requested info please.
 
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