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Help please...

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  • 07-31-2006, 12:48 PM
    ladywhipple02
    Help please...
    I have received more threats from Jeane. I kept trying to contact her, thinking we could work something out, but she just keeps threatening. Here is the email I received from her this morning:

    "Lynn, I got an email from Jim saying you wanted to speak to me. I have not heard a word from you since the below email saying you were refunding me. I emailed 2 more times then filed with Paypal. It was the appropriate thing to do, however I was aware they do not cover animals. My bank however says that what happened falls under "unfair business practices" and they suggest I charge back. I would request you refund me the agreed amount to my paypal account at tattooist8814@yahoo.com by tomm. If not then I will do the paperwork when I make my rounds doing errons tommorrow.

    I have been extremely patient. You said you were refunding me 15 days ago.The gecko I am left with is a mALE by the way, not a female. Overall I am completely disatisfied and have gone backwards in vet bills now. To be left with an animal I had to buy another cage for to house solo and have no need for."

    I even went through a third party to get her attention. I've sent her two emails... she only sent me one. Most of this is lies again... she even has the gecko I sent her posted up as a female on her website.


    Paypal ruled in my favor, but I was wondering if her bank can really do a charge back? I just want to BE DONE WITH THIS. Any help is much appreciated...
  • 07-31-2006, 01:02 PM
    Freakie_frog
    Re: Help please...
    Take it from the banker. (ME)

    Her bank can not do a charge back. She can file an affidavide of fraudulant actions on her account, i.e theft. This affidavide will be filed against Paypal not you. Then Paypay will have to prove that the transaction was contucted by her. When they prove this her only hope after that is small claims court. Paypal keeps a record of all transactions and the initiating/ receving partys. Since she sent you the money she can't claim fraud. Better luck to her next time
  • 07-31-2006, 01:08 PM
    ladywhipple02
    Re: Help please...
    Can she sue me over something like this? I mean, I know she's trying to bully me into paying her the money... but at this point, I just want it done with. I want to give it to her and tell her to screw off.

    At the same time... I'm mad as all hell that she keeps threatening me! If she would come to me in a civil manner, with no lies, I would've given her the money!

    ---EDIT... and what about this "unfair business" crap?
  • 07-31-2006, 01:19 PM
    JLC
    Re: Help please...
    Quote:

    Originally Posted by ladywhipple02
    Can she sue me over something like this? I mean, I know she's trying to bully me into paying her the money... but at this point, I just want it done with. I want to give it to her and tell her to screw off.

    At the same time... I'm mad as all hell that she keeps threatening me! If she would come to me in a civil manner, with no lies, I would've given her the money!

    ---EDIT... and what about this "unfair business" crap?

    Unfortunately, anyone can sue anybody over anything. So sure....she CAN sue you. But...unless she's local to you, there's little chance that such a small-claims suit would be worth the time, money, and effort it would cost to file.

    Here's my thoughts on your situation: If you feel responsible in any way for her not being happy with the geckos you sent her, then it is your obligation to refund her money, no matter how witchy she is being about it. If you DON'T feel remotely responsible for how things have turned out....then you have two options....refund her money to protect your good name, no matter how unjust such an action is....OR...be willing to put up with her crap until she finally gives up and goes away.

    If you take that last option, then arm yourself with every scrap of information you can....document every e-mail (and every other communication) sent and recieved. Contact others who have had dealings with her and see if they have any genuine evidence (not hearsay or anecdotes) against her that they could share with you, that would be relevant to your case. And learn about the legal issues involved and what it would take for her to file in small-claims court or take other legal action against you. Arm yourself with knowledge! The more you know, the less intimidating she will sound.

    And lastly....be aware that people like this LIVE to whine about how unfair life is to them and how everyone else in the world is obviously out to rip them off. Giving her the money may not make her go away because she'll still be GLAD to rail about how much she had to go through to get it from you.
  • 07-31-2006, 01:20 PM
    Freakie_frog
    Re: Help please...
    Yea she can sue you. She can sue you for fraudlent business pratices (selling sick or damaged animals as good healthy) or for misrepresentation of goods. ( saying you were selling one thing and delivering another). If you have records that the animal was healthy before it left and arived on time then you have better chance in court.
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