trade dispute!!

[codybear]

In August of last year I sold someone a stick of 256MB PC133 that was to do 150MHZ. When he tried it out it would not do 150 as promised and about 20% of my shipment would not also. I arranged for an RMA with the shipper for all my defective Ram modules and informed him that if he would send it back ASAP I would send it along with the others and when the replacement Modules arrived I would send him a new one. He did not get it back to me in time for it to be returned with the others and the company refused to accept a single stick later by itself and so I was stuck with it. Not long after that I had major problems with my “stable” system and after a new chip and a format I had lost his info.
In December I received an email asking for either $250 or the Ram to conclude our deal and I sent him a stick of 256 PC133 that did do the 150 promised in our original deal and thought it was a done deal.
In April I received another email asking this time for $250. I sent him one back telling him I had thought our business complete but he informed me that no, he never received the Ram. I sent it priority mail but did not ask for return receipt or delivery confirmation….my own fault and I had no proof that I did send it so offered to send another one.

He then tells me he wants $175 and the ram and that would be fair compensation as far as he is concerned because of the price of the ram now compared to when our deal took place. I then told him that our deal was for 256MB PC133 (150) and I would uphold my end and send him that but nothing more because the price of ram now has no bearing on what I owe him which is 256MB PC133.

I sent him another stick today..4-12-2001 and this time priority mail return receipt certified and now he says he is going to …his words here…
---------------------------------------------
1) I refuse the shipment, then you're out the shipping costs. This is what I
will probably do.

2) I accept the shipment with the reservation that this does not resolve
anything. I reserve the right to post on boards, post on Heatware, contact
law enforcement, seek legal aid, etc.
---------------------------------------------
As far as I am concerned my deal was completed and he will get what I owe him.

Am I wrong and do I owe him anything more??

I am going to send him this link so he can post his own version and have both sides heard if he so chooses.

what follows is his latest offer
---------------------------------------------
I'm willing to make a major compromise with you. If you send me $137.50, I
will let the situation stand without posting on the boards or on Heatware,
and I will not contact law enforcement. From your perspective, you are out
$137.50, but from mine, I am out $137.50, and I think most people will side
with me.

I think I would win in a legal dispute. I think people would side with me in
a discussion on the boards. Yet I am still offering to meet you halfway. If
you continue to refuse to compromise in any way, I will use all methods at
my disposal to resolve the situation. Again, I DON'T WANT TO DO THIS, but I
will if I need to.
---------------------------------------------




[This message has been edited by codybear (edited 04-12-2001).]

[randy48]

Sounds like this guy is trying to play you for a fool! I'd say call his bluff, I believe he got the RAM and is looking for more!

[Gene C.]

First of all to the members of this board. I'm dealing with my momma just haveing a 5 artery openheart bypass. So you might not like what I have to say. But, you haven't in the past either. AND I don't really care.

First, if Tom said he sent it. than he sent it. If the "other Dude" I won't use these works for there are kids on this site too!!

thinks different. He can e-mail me off line. and if you tom need me to go to court for you. I WILL, I keep in contact with tom on a daily basic's most of the time. He has called me on the phone before and told me he had lost his system and all his info. and for me to send to him again. If you would like I can post some of his mails to me.

He has had his system down quite a few times.

I have over 2.1 gig of my backup mails. for years.

and as for the price of than and now. I have over 40,000 in systems and parts. they aren't like that now.

And also I want to know why he didn't send the ram back to tom ASAP. I would have in a sec. I think this dude is just trying to rip off a CLASS A #1 trader. And belive me it won't work.

And I state my rep on this and my word. And I don't even know this dude. But, like I said. I'm involved now. Hey rip-off, please e-mail me. or better yet carry me to court.

we have a fulltime family attorney. Just have your attorney to contact me. Once again sorry to the board for this. and I wish it had been me that this way about!!!

And if you want to see a pic of me to give to the law or your attorney. It's over at mr:c's or Rom. and here is a link to my page also.http://www.mrcs.net/genec/

I'll be out of town with my family seeing to my momma. But, I do check my mail when I get the chance too!!

[tristan318]

I think that Codybear's presentation of the situation, and especially of my email (which was only partially posted and chopped up into pieces), while not overtly biased, does change some subtle aspects. One important difference is that I did contact him on March 11, 2001 and got no reply for almost a month, leading to my email on April 8, 2001.

I have compiled a list of all email interactions between us; I ask that you read these in order to come to conclusions, as both of us have expressed our opinions in our own words.

If you don't have the time or inclination to read all of them (and I don't blame you), the crux of my argument is this:

1) Tom has had my $275 for eight months. I have had nothing to show for it in return.

2) If I bought and received a DIMM eight months ago for $275, and it was worth $90 now, then I would have paid $195 for the use of that RAM over eight months' time. In economics terms, that's depreciation. But, since I did not have use of the RAM over that time, I do not see why I should accept something worth $90 when I paid $275.

3) If Tom gave back my full $275 right now, he still would have lost nothing aside from shipping costs from the original faulty memory (as I have no responsibility for the RAM he supposedly shipped but did not insure or certify).

4) Yet I am still offering to split the difference and ask for a refund of $137.50.

I just want this resolved. I am willing to compromise. As the emails show, Tom has not been willing to compromise *even one little bit*, even going so far as to ship me RAM when I specifically requested that he not ship anything until we had come to a mutual agreement. This makes me feel that stronger action is my only option.

The emails follow.

Thanks,
Nick


----- Original Message -----
From: "Nicholas A Kruse" <nkruse@sas.upenn.edu>
To: "codybear" <codybear@tampabay.rr.com>
Sent: Monday, July 17, 2000 3:06 PM
Subject: Re: RAM


Tom,
I will send the MO today. I have some solid Heatware evals under the ID
tristan318, but if you want to wait for the MO, that's fine, I guess.

My address is:
Nick Kruse
XXXXXXX

Please package it as small as possible (while still being safe, of course)
because my mailbox is small. Thanks!

Nick


----- Original Message -----
From: "Nicholas A Kruse" <nkruse@sas.upenn.edu>
To: "codybear" <codybear@tampabay.rr.com>
Sent: Friday, July 21, 2000 4:16 PM
Subject: Re: RAM


ID: tristan318
Board: Anandtech

I'm actually out of town right now (although my girlfriend is home to
receive it), but if you don't hear anything from me, assume everything is
fine. Thanks!

Nick

On Fri, 21 Jul 2000, codybear wrote:

> MO is here..name and board to use for heat??

> Tom


----- Original Message -----
From: "Nicholas A Kruse" <nkruse@sas.upenn.edu>
To: "codybear" <codybear@tampabay.rr.com>
Sent: Friday, August 04, 2000 2:27 PM
Subject: Re: RAM


Tom,
I am back in town, and I tried the 256MB PC133 RAM that you sold me. You
originally guaranteed that it would do 150mHz CAS3, but unfortunately, I
was not able to get the same results. Here's what I found:

150mHz: Computer will not turn on
140mHz: Computer turns on, but locks before getting to memory test
133mHz: Computer turns on, passes memory test, gets to loading Win98,
and says "Unable to load VMM32.VXD."

I have a stick of Mosel Vitelec 128MB PC133 and a stick of Infineon
128MB PC133 that both do 150 in my machine, so I know that everything else
in my system is stable at that speed. Please give me some sort of
explanation or suggestions to try. If I cannot get your memory to run at
150mHz, then it is useless to me and I will want a refund.

Thanks,
Nick


----- Original Message -----
From: "Nicholas A Kruse" <nkruse@sas.upenn.edu>
To: "codybear" <codybear@tampabay.rr.com>
Sent: Wednesday, August 09, 2000 1:08 AM
Subject: Re: RAM


Tom,
I would prefer a replacement stick that will do 150. The memory is on its
way.

Nick

On Tue, 8 Aug 2000, codybear wrote:
>
> whats up with this??
>
> I am getting replacement for 4 other sticks so if you want another we can do
> that if not then send it back and I will send a refund..
>
> Tom
>
> I need to know ASAP because the others are going back on Thursday
>
> Tom


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Sunday, August 13, 2000 11:13 AM
To: Nicholas A Kruse
Subject: Re: RAM


I'm still waiting on the ram so I can return it with the others

please let me know so we can resolve this

Tom


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Friday, August 18, 2000 6:30 PM
To: codybear
Subject: RE: RAM


I got it back in the mail today -- marked address incorrect. Can you send me your address again so I can make sure I label it right?

Thanks,
Nick


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Thursday, September 07, 2000 2:30 PM
To: Nicholas A Kruse
Subject: Re: RAM


I have gotten them to take the ram for RMA and will let you know what
becomes of it....you could have saved us all alot of trouble by sending it
when you had told me you were...it may take 2-4 weeks to sort this out

Tom


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Thursday, September 07, 2000 10:30 PM
To: codybear
Subject: RE: RAM


Tom,
I'm very sorry for the trouble I've caused you. I'm normally a very responsible person, but I have spent the last two months at home taking care of my suicidal mother. (I wish I could say I was just making this up...) Please accept my apology for the inconvenience, and let me know if there's anything more I can do.

Thanks,
Nick


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Thursday, September 07, 2000 10:44 PM
To: Nicholas Kruse
Subject: Re: RAM


I send it tomorrow..they are not happy but I have done alot of business with
them...like I said it will take awhile but I will get it done...good luck
with /mom and I will say a prayer for the 2 of you

Tom


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Wednesday, December 20, 2000 11:04 PM
To: codybear
Subject: RE: RAM


Hi,
I haven't heard from you in almost four months now. I don't mean to be demanding, but you still owe me either one 256MB PC133(150) SDRAM DIMM or $275. I'd be willing to accept $250 because I did cause you some trouble by not returning the RAM quickly, but I would like to get this resolved.

Thanks,
Nick


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Thursday, December 21, 2000 11:44 PM
To: Nicholas Kruse
Subject: Re: RAM


please send your address again

Tom


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Thursday, December 21, 2000 11:45 PM
To: Nicholas Kruse
Subject: Re: RAM


I hope all turned out well with your mother


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Sunday, March 11, 2001 9:33 PM
To: codybear
Subject: RE: RAM


Hi,
I still haven't received the $250. Please send it ASAP -- I really need the money right now.

Thanks,
Nick

Nicholas Kruse
XXXXXXX


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Monday, April 09, 2001 10:15 PM
To: Nicholas Kruse
Subject: Re: RAM
Importance: High


Nick,
I had thought this resolved. I received your message on Dec. 20th and had
lost your information prior to that. I sent out your memory on the 28th on
Thursday. I heard neither a confirmation that it was received nor one that
it did not arrive and so assumed that our business was complete. Yes you are
correct that memory is low and that is the ONLY reason that I will send you
another stick. I just got back from vacation today and so it will not be
until probably Friday or Sat that I will be able to ship. As for your
posting on the boards..feel free to post whatever you feel you must wherever
you want. I sent you what I owed you and only did not sooner because I no
longer had your information. I am only sending you another stick only
because memory IS so low.

as a last note..don't threaten me with Law enforcement...just do it..

Tom **SURNAME DELETED**
*ADDRESS DELETED*

Tell them the best time to call or come by to catch me is after 3pm daily. I
am home everyday by then without exception.

Regards,

Tom


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Tuesday, April 10, 2001 12:13 AM
To: codybear
Subject: RE: RAM


Tom,
Did you send the RAM with delivery confirmation? If so, you would have been able to check for yourself that the package was successfully received. Obviously you have done a lot of trades, so you know this. I don't mean to be a hardass, but we both know that if you don't use delivery confirmation then you essentially have no proof that you ever sent it. I can tell you that I never received it. I have to admit, I let the matter stand for three months because I felt bad that I had gotten the RAM back to you so late, and I didn't want to overly pressure you. But I did email you on March 11, 2001 (I'll forward it to you) so yesterday's email was not the first time I had contacted you since December.

I don't want to cause you trouble, I don't want to smear your name online, and I don't want to involve law enforcement. You have 89 positive evals on Heatware, which means that you have done many successful trades. But from my perspective, you never sent the RAM, and unless you can present delivery confirmation documentation, I think it will be hard for anyone else to side with you. If you have proof that you sent it, but not that it arrived, then it's a matter to take up with whatever company you shipped with. Meanwhile, my $275 has been in your bank account for many months with nothing in return. I have not had use of the RAM, and so I am not liable for its depreciation in value. Giving me 256MB of RAM now is not an equivalent reimbursement. Furthermore, I already have all the RAM I need, so it's not of any value to me.

Please do not send me anything until we have come to some sort of mutual agreement. I think we can be reasonable about this. So let's start with one issue, shipping, and move forward from there.

1) What company did you use to ship the RAM?
2) Did you ship with delivery confirmation? Do you have documentation of this?
3) Did you receive confirmation that the package was delivered? Do you have documentation of this?
4) Did you ship with insurance? Do you have documentation of this?

Thanks,
Nick


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Tuesday, April 10, 2001 10:16 AM
To: Nicholas Kruse
Subject: Re: RAM
Importance: High


No I did not use delivery confirmation for it. I sent it priority mail USPS
and in doing so I have no proof. The post office will and can do nothing in
a case like this and it is my own fault. I do not use delivery confirmation
most of the time and only priority if the other person wants and or needs
it. Yes I have lost orders before but that is rare. As for the depreciation
in the value of the ram, I have sent you one stick and am willing to send
another. Even when the price was high I was not paying no where near what
market value let me get for the ram on the market. I realize that it has
been way too long but there is no way I am going to be out a stick of 256 as
well as $250. The Ram I have left was bought last fall before 256 took its
dive into the sub $100 and yes I can replace it cheaper and that is why I
will send another stick which our original deal was. Our deal was made when
ram was more than $250 for a stick of 256 that would do 150. Because of
changes in the market, that does not affect our original deal nor the terms
of its unwritten contract. I would owe you now the same thing as then no
matter what I paid for it, whether it was memory a drive or a card it would
still be the same.

Regards,

Tom


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Tuesday, April 10, 2001 11:14 AM
To: codybear
Subject: RE: RAM


Tom,
If I bought a share of stock at $25 last year but did not receive it until this year, and by then it had fallen to $10, would that be a fair deal? Alternately, if I had purchased a car last year but did not get to use it until this year, in which time it depreciated from $25000 to $10000, would that be a fair deal? I am looking at this from an economics as well as legalistic perspective. I see three possible options here.

1) We consult lawyers to determine the legal stance on this. Potentially costly.

2) We come to some sort of compromise. If I think you owe me $250 (which was already down from the $275 I paid) and you think you owe me $100 (which is about what a stick of PC150 goes for right now) then we could split the difference at $175 and just be done with it.

3) We post the whole story on Ars and Anand and get the opinions of the rest of the trading community.

Let me know what you think of these options.

Nick


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Tuesday, April 10, 2001 11:49 AM
To: Nicholas Kruse
Subject: Re: RAM


whatever you choose at this point in time. I have sent one stick and through
my own fault it is gone. I will send another but that is as far as I will go
with this. I owe you a stick of memory that will do 150MHZ and that is what
I am willing to settle for, exactly what I owe. I do not determine the
market nor its ups and downs. Our deal was for a stick of 256MB PC133 that
will run at 150MHZ. I will fulfill that but nothing more and as it is it
will have been 2 and not one that will have been sent to you. I eat one
because I did not ask for delivery conf and I accept that but nothing more.

Take it to the boards if you want to.

Regards,

Tom


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Tuesday, April 10, 2001 11:56 AM
To: Nicholas Kruse
Subject: Re: RAM


I owe you a stick of 256MB PC133 that will run 150 and I will fulfill that
obligation to you and be done with this. Your waiting so long from the
December email does not leave me feeling real good about all this but like I
stated..I am at fault for not using del conf so I will send another.

Regards
Tom


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Tuesday, April 10, 2001 12:06 PM
To: Nicholas Kruse
Subject: Re: RAM


please send me the link where you post this

Regards

Tom


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Tuesday, April 10, 2001 12:02 PM
To: codybear
Subject: RE: RAM


Tom,
I haven't decided to post anywhere yet, but I will be sure to inform you if I do and request your confirmation/alternate version.

One other question: at this point, are you willing to send RAM only, or will you send money? If so, how much?

Nick


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Tuesday, April 10, 2001 12:33 PM
To: Nicholas Kruse
Subject: Re: RAM


Nick,
Through no fault of yours I am already out one stick and will accept that
because it is my fault. What I owe you is one stick of 256PC133 that will do
150. I will fulfill that but nothing more.

Regards

Tom


-----Original Message-----
From: codybear [mailto:codybear@tampabay.rr.com]
Sent: Thursday, April 12, 2001 6:48 PM
To: Nicholas Kruse
Subject: Re: RAM


1- 256MB PC133 (150) cas 3 is on the way to you..infineon chips

this has been tested and will run 150MHZ

Priority mail ,certified, return receipt went out today

cert # 70001670001072622960

it must be signed for to be delivered

Regards

Tom


-----Original Message-----
From: Nicholas Kruse [mailto:nkruse@sas.upenn.edu]
Sent: Thursday, April 12, 2001 8:19 PM
To: codybear
Subject: RE: RAM


Tom,
I don't know why you did this -- I asked you not to send anything until we had come to some sort of resolution.

I see two options here:

1) I refuse the shipment, then you're out the shipping costs. This is what I will probably do.

2) I accept the shipment with the reservation that this does not resolve anything. I reserve the right to post on boards, post on Heatware, contact law enforcement, seek legal aid, etc.

Honestly, I don't understand why you are insisting on not compromising one bit. And again, I do not view sending me "another" DIMM as a compromise. From my perspective, you never sent anything and I am out at least $175. I mean, honestly, after dozens of trades, why in the world would you ship without delivery confirmation and insurance? You are not a fool or a newbie. To state this very clearly, your claim that you send a DIMM in December is completely irrelevant to the situation.

I'm willing to make a major compromise with you. If you send me $137.50, I will let the situation stand without posting on the boards or on Heatware, and I will not contact law enforcement. From your perspective, you are out $137.50, but from mine, I am out $137.50, and I think most people will side with me.

I think I would win in a legal dispute. I think people would side with me in a discussion on the boards. Yet I am still offering to meet you halfway. If you continue to refuse to compromise in any way, I will use all methods at my disposal to resolve the situation. Again, I DON'T WANT TO DO THIS, but I will if I need to.

Nick

<end>


Do not post surnames and addresses of others without the explicit permission of either the owner or a moderator of this forum. -Socalgal


[This message has been edited by socalgal (edited 04-12-2001).]

[This message has been edited by tristan318 (edited 04-12-2001).]

[Mntsnow]

As we have talked about this before I too believe this person is trying to get something for nothing! I have dealt with you on MANY occassions both on the boards and off and I will be happy to give you a signed sworn afidavid to that fact!


Yep Randy I agree

[daveleau]

Doesn't matter what the going rate is now, he paid that price for it and this is to finalize a deal that took place in August. He should either get the $$ or the RAM. It is admirable that you are helping this guy out this far.

I agree that it sounds like this guy is trying to really take you for a ride.

Tom, if this guy does go to other boards to try and throw mud in your direction, I will back you up.

Dave

[codybear]

I do not think my personal info is needed here...please delete in NOW

[daveleau]

3) If Tom gave back my full $275 right now, he still would have lost nothing aside from shipping costs from the original faulty memory (as I have no responsibility for the RAM he supposedly shipped but did not insure or certify).
He did ship one other stick, so he would be out that as well. He should send you a stick, if he is fair (which I have known him to be) and be done.
Dave

Ok, I read all the info from Tristan now...

It appears that he is very slow to follow and very quick to suggest legal action. That is fishy as well. I know Tom personally and have talked with him several times ont he phone either to do with deals or just to chit-chat. Knowing him online and ont he phone, I know he would not intentionally try to screw you tristan. I would accept the new stick as a very charitable item and be done with it. He does not have to do this. If you had notified him within a month that the RAM had not gotten there, then it would not have sounded fishy.

[This message has been edited by daveleau (edited 04-12-2001).]

[codybear]

but I do not have proof of the stick in DEC.

that is my own fault and so I feel like I still owe him and so sent today...if he refuses it then I have still fulfilled my end of the deal and sent my part of our deal to him with return receipt this time

[tristan318]

My mistake on the personal info -- it's gone.

[Mntsnow]

Thanks Tristan,

Looks like we both deleted the info

[bighammer]

there's a few people who I've seen for a while and I've done my share of trades.
Tom,
you've always acted in the way a trader should.
I would have reason to doubt that you would change for 1 person.
You owe nothing.
December till March is just too long.
Sorry tristan318, you're SOL in my book and I would talk to heat and blade personally if you try to screw with his rep.
Tom, don't bend over

My opinion
edit,
and where's the stick you said you sent me??
Hi Dave http://www.sysopt.com/forum/smile.gif you'll always be my favorite memory guy
LOL


[This message has been edited by bighammer (edited 04-12-2001).]

[Msand9898]

Well as in any deal that goes sour for any reason, both parties should have a say in it, I think this guy shopuld step into this thread....

I kind of hate to see many threads get lead with only one person speaking up...

I also cant see any "bad" actions on your part codybear...

But 8 months is a long time to wait to wait for a email...

Also the deal as I read it was for memory for $$...
NOT $$$$ & ram for $$$$

And one more thing, if you went to "Footlocker" and bought the most expensive "Nike" shoes and found out later that they would not allow you to "run fast" do you honestly think that as big as "Nike" is that they would refund you any money at all after even just 1 month?? of course not!!
Also codybear does this other trader have exactly the same specs as you in his pc?
I can think of one manufaturer that "guarantees" any overclocked hardware 100% ....

BTW does anyone know if "DELL" has a depreciation allowance on their hardware?

[socalgal]

Gonna **** my 2cents in here for a minute.

Tristan (Nick): By your own admission in your email sent Dec. 20, 2000, you stated:

"I don't mean to be demanding, but you still owe me either one 256MB PC133(150) SDRAM DIMM or $275." Emphasis added.

Sounds to me like Codybear has fulfilled his end of the deal in total with you. Good luck if you try to bring this to court. http://www.sysopt.com/forum/wink.gif

[bighammer]

Mario, you old dog you http://www.sysopt.com/forum/wink.gif
always around yet never around
How are the Hamsters?
Trade them for turtles yet?
LOL

[blade]

tristan, he said he sent the ram to you in december and you didn't get back to him till march, 3 months later? If that's true then as bighammer said you're outa luck. No one waits that long to tell another he didn't get his part of a deal.

[This message has been edited by blade (edited 04-12-2001).]

[jad1097]

http://forums.anandtech.com/messageview.cfm?catid=45&threadid=405420

[codybear]

http://www.pcabusers.net/forums/showthread.php?threadid=7329

[jad1097]

I feel then same as everyone else. Why wait four moths to E-mail him? If it were not for this then I would not feel the way I do but Tom is an excellent trader and has gone out of his way to try to satisfy you.

If anything, you have now learned to be less patient. Constant contact is of utmost importance when trading. You should have waited no more than two weeks IMHO to contact him in Dec.


Also if you search the sysopt forums you will see he has had more than one complete reformat.


[This message has been edited by jad1097 (edited 04-12-2001).]

[jad1097]

http://arstechnica.infopop.net/OpenTopic/page?q=Y&a=tpc&s=50009562&f=57909216&m=5180904841

[bighammer]

have you guys noticed that this jagoff is a junior at every board he's posted at and continues to spew even though another stick was sent to him today???

What does that say?
trolllllllllll

[Snelski]

Tristan318 took WAY too long to get back with you, that is not acceptable. I feel for his issue with his mother, but getting back to you in 4-month intervals is absolutely out of the question. You shouldn't even have sent the second stick IMHO, he should've contacted you right away - period. If someone gets back to me 4 months later to tell me they didn't get something from that long ago would be ridiculous, I would simply have to laugh at that.

[tristan318]

Bighammer,
You're pretty tenacious, hitting all the threads...

I have never used sysopt before, hence, yes, I am a junior member. I registered under my same name from Anand and Ars for continuity.

I have posted 51 messages on Anand; I have been registered there and at Ars since 1999. Although not large, I have a heatware rep.

Again you're throwing around accusations. I wish you'd stop and try to be objective for once.

Nick

[jad1097]

Why wait so long to tell him you did not get it? For that reason alone I would see you in court.

[This message has been edited by jad1097 (edited 04-12-2001).]

[LutaWicasa]

Well, here goes. You were both wrong. The basis of these boards being able to work is communication. When he didn't receive his ram, he should've let you know in a timely manner(week or two?) When you shipped w/o confirmation, you should've contacted him as to whether he received. You're out your original stick and he's out his time waiting. He now has product dealt for, so IMHO deal done. But hopefully both have learned...communication..communication..communicat ion!!

[MR COMPUTER]

Did you notify him back in December that you were sending him another stick priority mail?

[codybear]

I sent him an email stating it was on the way the day I sent it as always.

I do notice it missing among his list and for everyone who says communication

.....I lost his info shortly after our original deal in a format and as soon as he emailed me again I promptly took care of business as I did again in April when I get back from vacation and see another email asking again for what I had thought was a done deal......one can only communicate when one has the info to do so and I did that in every instance and promptly

[This message has been edited by codybear (edited 04-12-2001).]

[gjwilson]

codybear and tristan318...I have read ALL of the emails and ALL of the subsequant postings. I have personally done some deals with codybear(with goof-ups and resolutions of our own) but I attempt to be as non-biased as possible. Obviously,the original fault was yours,tristan, in not returning the faulty memory in time. This put the pressure on codybear to make up for your error with a third party(the company he`s dealing with)which he did and sent your replacement...fault number 2 on codybear-atleast slap some insurance on that thing codybear.Fault/error number3...no contact??????This goes to both of you, and here I insert a personal opinion. I don`t have many deals on heatware but almost 300 successful deals on ebay and the ONLY time I used a confirmation of delivery was on overseas shipments, meaning that not once have I had to resort to that on a delivery within the continental U.S.I , also, have been bombarded with a variety of excusses for lack of payment/shipment...the worst being her dead grandmother was haunting her house and she couldn`t get to her check book...no offense towards you or your mother, tristan. After this codybear again sent you the memory promised. I have to side with codybear on this one and say that if he said he sent you the memory in Dec. then he sent it. whether you received it is the proverbial gray area.Now that he has sent a second stick of memory means that he is not just out the shipping cost(x2) but also the cost of the missing memory which in your mind,tristan, is only about $100 not the $250 he paid for it. Which brings us to the final fopah. You can`t change the deal just cause you found a better one or in this case the price has dropped.Codybear has completed the agreed upon deal, he has sent you a replacement stick of memory, it no doubt will arrive at your door and that is the deal. What would you say if the price had gone UP since you initiated this deal and codybear demanded more money?????I think I know what your answer would be.End this now.
Well....by reading codybear`s response on the communication issue the scale has been tipped and I`m sorry tristan but you have fallen behind in the integrity dept. Excuses are only excuses...not reasons.

[This message has been edited by gjwilson (edited 04-12-2001).]

[This message has been edited by gjwilson (edited 04-13-2001).]

[jad1097]

http://www.sysopt.com/forum/Forum13/HTML/001980.html

Topic: lost email
codybear
Ultimate Member posted 11-02-2000 01:48 PM
--------------------------------------------------------------------------------
no I dont want to buy some but if you have sent me an email in the past 3 days it is gone so please resend it and I need everyones email again if you dont mind...just a short note telling me how much you love windows like me would be fine

[Snelski]

http://sysopt.earthweb.com/forum/faq/faq6.html

Note #7 guys!!!

[This message has been edited by Snelski (edited 04-12-2001).]

[codybear]

#7 noted and replied to

I lost his info shortly after our original deal in a format and as soon as he emailed me again I promptly took care of business as I did again in April when I get back from vacation and see another email asking again for what I had thought was a done deal......one can only communicate when one has the info to do so and I did that in every instance and promptly

[Snelski]

I agree but both should check with one another to see if the trade was completed satisfactorily. Look, at this point I think it is on tristan318 because he took way too long to complain about the deal. But there is no way that I would let a deal go that long without trying to find out if the other trader got everything and that all is finished the way it should be. I also think that at this point this is beating a dead horse, this needs to be over - it's ridiculous that this is taking up that much bandwidth to discuss - though I doubt that the boards are complaining about this Soap Opera since da hits they keep on coming!!! http://www.sysopt.com/forum/wink.gif

[Snelski]

And besides that, I'm threatening to become a full-fledged member here soon if I keep responding to this thread http://www.sysopt.com/forum/biggrin.gif...

[LutaWicasa]

Codybear, ya kinda overlooked this part of my post: When you shipped w/o confirmation, you should've contacted him as to whether he received.
If you shipped w/o confirmation you would have no way to know if he received it. If you didn't hear from him, it should behoove you to ask "Wassup?"

[blade]

That's a good point Luta. But if I'm expecting something you bet your booty I'd be contacting the other party if I don't get it shortly. I might wait a week but then emails start.

As for cody not asking, if you don't hear back then one assumes the other did get the item. But not 3-4 months later. I agree he could have asked but not everyone stays in perfect contact like many of us do.

[Snelski]

One more post and you're a member blade...don't do it!!! hehe

Absolutely agreed, tristan318 coming back after 3-4 months is totally unacceptable - period!!!

[LutaWicasa]

"if you don't hear back then one assumes the other did get the item."
Maybe I'm weird, or this is just leftover from my Navy days but I "assume" nothing. Thats why I pointed out that both were wrong, but codybear has more than fulfilled his obligation.

[blade]

I agree too!

And I never nef!! http://www.sysopt.com/forum/biggrin.gif

[blade]

*edit

I didn't mean to have a double post. First time I hit reply it sent me to a blank page. It isn't my fault. Blame Snelski

and I'm still a jr.

Luta,

I ment over a long time period like 3 months. I agree cody should have checked to be sure though.

[This message has been edited by blade (edited 04-12-2001).]

[Snelski]

Whhhhhhhhaaaaaaaaaaaaaaaa?????????

Always blaming me like that huh? Oh well, I'm sure I deserve it somehow...I thought you became a member at 20 posts...hmmmmmm...guess not :P

JUNIOR!!!

[This message has been edited by Snelski (edited 04-12-2001).]

[socalgal]

FAQ - Membership Levels (http://www.sysopt.com/forum/faq/faq3.html#Post7)

[Snelski]

Thank you kind admin for pointing that out - not my fault after all http://www.sysopt.com/forum/biggrin.gif...

[Sweeper]

Seems as though there are 2 forums going each siding with the other party. I have been given good advice from Codybear in the past and I have no doubt that he did send the ram. Although I do wonder why he didn't get a confirmation # on the stick. While things do get lost in the mail I find it hard to believe that it was lost. But Codybear did live up to the deal and send another stick MONTHS after the deal was supposed to have been over. More then I would have done. You don't get something from me in a reasonable amount of time you better be writing me an e-mail or posting a thread about it! I would have found it very fishy to get an e-mail months after I sent something! But I also send everything UPS and I get a tracking number and I check the number to see when it arrives. I also keep in contact with the other party and as soon as anything unusual comes up I do write to them. http://www.sysopt.com/forum/smile.gif
tristan318 I haven't dealt with you, but I did read your other thread and this thread. If you did not receive the ram within the allowed time frame you should have immediatly contacted him. You let months go by. So, so wrong! That was your money... keep track of it! You say you didn't get the ram, well find out why ...No excuses!
The deal was for a stick of 256MB PC133 that was to do 150MHZ. He owes you that and that only.
I am looking at both sides of the story. That was the deal and that's all. No contracts were written up stating that if it didn't reach you by the time ram prices dropped that he would owe you the difference. That was not the deal.
Codybear dealt with the loss of one stick and sent you a new one. Heck, I would be happy with that.
Codybear-You should have checked with him instead of assuming he got it. And a tracking number would have saved so much hassle. I know your an awsome trader that is why I can't believe you didn't get a #. http://www.sysopt.com/forum/frown.gif
Tristan318-if you really didn't get the ram you should have got with him ASAP. I belive none of this would have continued this long. Plus you should have sent the first stick back ASAP. The turn around would have been much shorter on Codybears side.

I hope something gets worked out. Hate to see this.

Sweeper

[daveleau]

There is little that can be done legally because of the timeframe. Warranties usually last for 30 to 90 days.

Dave

[Zotzmein]

I think the law would require a cacophony of disgruntled buyers before even taking this matter under consideration.

This thread reflects two basic points: first that even amongst the best of traders there is no guarantee of flawlessness in every transaction. Secondly the need for regular communication remains, even in the electronic age, a paramount value to the successful interaction of two or more individuals.

If I where to adjudicate this matter I would find for Codybear. Not because he is not without some measure of culpability in the breakdown of this transaction but because due diligence dictates that tristan318 should have reported the non-receipt of his memory stick within a reasonable amount of time.

Regards,

Zotz Mein

Notice: To the best of my knowledge I have never purchased or engaged in any form of trade with Codybear. I have never talked on the phone with Codybear nor do I know his given name. I neither like nor dislike Codybear nor have I formed any conclusions or opinions as to the merits of third party testaments to his forthrightness or honesty. Lastly, I do not believe that Heatware evaluations reflect an individual’s future behavior only their past; hence I gave no consideration to Codybear’s evaluations when writing this opinion.

The above observations where unsolicited by any group or person and reflect solely, my view of the evidence presented by the two contravening individuals involved directly in this matter.

[This message has been edited by Zotzmein (edited 04-13-2001).]

[NascarFool]

I'd have to say that too much time has passed for tristan to demand a refund. Codybear did the right thing by shipping the ram.

[codybear]

there are no excuses..its Christmas...just started a new business....family coming from out of town....all those are true but still no excuse for the Dec shipment but then again the original stick was send priority mail without del conf and arrived fine, why wouldn't this one??....almost all my deals did not include del conf because it was not needed...it was not untill the past year that people figured out that they could just say it never arrived and demand a replacement....the trading community has changed and not for the better. Most are still honest but it is the few bad ones that make it more expensive and necessary to send del conf and or return receipt when before it wasnt needed....I now try to keep my trading offline and through emails with a few trusted associates. Thanks for the good and the bad comments...this is over...I sent what was owed and will have the proof this time that it did arrive...if he refuses it then it is still over and I will lose no sleep....Now that everyone knows my name is Tom maybe I will just sign off as..

Tom

[izzzy12k]

I think since codybear shipped the ram the last time around and it was recieved, that should be it.

You can't buy anything and expect to receive depreciation compensation for it's lowered value over time.

izzy

[Richard_Cranium72]

Three months to complain of a "Missing" shipment, now tristan318, please,, gimme a break.

No one waits even two weeks on overdue shipments from a user to user deal.

Cody is established, both here and at other forums, you're coming in from the fog, legally you don't have a leg to stand on.

If you pursue to defame Cody through statements posted on BBS's, prepare for legal action on you for defamatory statements.

The judicial system takes a very dim view of this type of conduct.

Tread lightly..

1st Warning
LAST WARNING

DrVette

[plucky duck]

Sorry to hear of your situation Tom. You have gone WAY out of your way to satisfy him, and have put yourself in a vulnerable state, IMO.

I've dealt with you before and you're definitely a standup trader.

Tristan318, legal action? WHAT legal action?
Be thankful you're getting that ram and cut the ****.

Yes, Tom should've kept communication thru-out and find out of his receipt of the ram. That would've been a big deal if Tristan communicated and acted quickly in notifying Tom and returning the ram in a timely manner. Tristan, waiting 3-4 months to notify non-receipt and demanding ram and/or refund, what are you smoking?

PS: note to self, don't EVER deal with this fella.

I've been in this situation before where I was the buyer, and when things don't come in a timely matter as expected I start chasing after it, not take a back seat and wait 3-4 months.

Plucky

[Dputiger]

All I can say is this:

I've done business with Codybear multiple times and never been disapointed. In fact, he's always been a fabulous person to deal with.

I'm with Codybear on this one, 100%. In deal after deal he's demonstrated reliablity.

[randy48]

Tristan318, too bad you're not a little closer to Missouri! I'd stop by and check out your $h!t and see if you ever received the stick sent in December! You claimed to have 2-sticks running, so if you have 3 in the box, you'd be a liar with your head shoved through your 14" monitor! One thing I can't stand is thievin, lyin, @$$holes! You would have to prove to me that you're not! Just a though, where you at in PA? I know a state cop over there that got ripped-off from the same @$$hole that got me for $875 a year ago, maybe he could pay you a visit!

[Barney]

I've read everything here, on anandtech, ars and pcabusers.

First: why did he wait 2 and a half months before saying he didn't recieve the RAM? I would start mailing after a week. So I'm pretty sure he got the memory, but since there's no proof...

Second:
Hi,
I still haven't received the $250. Please send it ASAP -- I really need the money right now.
It seems to me he got in trouble and needed money real fast, so he made up he didn't get the memory.

My conclusion: Tristan is a big fat liar.

You are lucky Codybear is a good guy and sent you a new stick, if I were in his shoes I'd tell you to go **** yourself. http://www.sysopt.com/forum/smile.gif

Ronald

[pickel]

In he past week or so, I've come to realize the unmittigated gall that some people have and the lengths they will go to to rip somebody off, not just monetarily, but in reputation and respect. I don't believe that
Tristan 318 is aware or really cares what type of impression he is making in these forums. Who would trade with him now????? An idiot!!!! Who would trade with Codybear, alot of dudes that know and trust him. He stands behind his name, even though I've never traded with him, his record stands for himself. So , tristan, cut the schitt and crawl back in your hole and batten down the hatch behind you. You dug your hole now wallow it in!!!!!

the pickel

[daveleau]

So how are things going Tom?

dave

[codybear]

it will be next week before I see the return receipt or the package....the last email I received from him was the links to where he posted this and they are both locked by the respective forum Mod's....I really dont care what he does, I posted this here because it was going to come to this sooner or later and I was done beating around the bush and there was NO comprimise to come to...I worked hard and value my reputation and have gone way past fair in many deals and never, tried to do anyone wrong...a deal is a deal and its done!! Thanks guys and Gal for the support http://www.sysopt.com/forum/smile.gif

Tom

[This message has been edited by codybear (edited 04-14-2001).]

[Gutter Ball]

I had something like that happen to me, not computer equipment related, but just as expensive(Anyone play Magic: The Gathering?) The guy bought 2 Moxes (the Pearl was autographed) and a Time Walk from me and did not want insurance/confirmation. So no prob, express mailed it to him and basically forgot(sold TONS of cards, just couldn't keep track of everyone). Everyone gets their cards and is happy. 2 months later, the guy emails me and says he didn't get the cards and I'd better send him replacements or I'd face the ramifications. He threatened mail fraud. Anyway, I told him to get lost. I would be hearing from the authorities and his lawyer soon...whatever. Heh, poetic justice! Since he thought because he was in a different country, he NEVER thought someone I knew would run into him at a tournament, he was trying to trade with one of my customers guess what he had in his binder? My 2 Moxes and my Time Walk that supposedly never arrived! Don't know for sure if they were mine, but an autographed Pearl, with the same two other cards...HMMMMMM!!! Anyway, I know you've heard it before, but I think you went way beyond what you had to do. I always use delivery confirmation now...saves everybody trouble.

[codybear]

return receipt came in the mail today from Nick http://www.sysopt.com/forum/smile.gif

[Mntsnow]

Glad to hear that Tom http://www.sysopt.com/forum/smile.gif

Matter Closed