Author Topic: please tell me  (Read 4014 times)

Offline Up State

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please tell me
« on: October 23, 2007, 04:19:25 PM »
any one who i have done a deal with please post here saying if i ripped you off or not. cuz this poisin123 is pissing me off. i sent him a tm m14 for his xbox 360 and he is now saying i ripped him off. i had the gun in the package and everything. hes just pissed off for some reason and he keeps ruining my feedback everywhere and i just want to prove i dont rip people off.
« Last Edit: December 31, 1969, 05:00:00 PM by Up State »
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Offline XavierMace

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« Reply #1 on: October 23, 2007, 05:16:39 PM »
Dude, some friendly advice.

You have a trail of pissed off people and general bad feedback/reputation across 3 different forums.  extremist has said you ripped him off as well.

If you truly haven't ripped them you need to provide some PROOF that you haven't as you are quickly on your way to wearing out your welcome on another forum.  They have provided evidence that you did rip them off and I noticed the wording in your original post on one of the guns in question was changed.

It is your responsibility as the seller to either make things right if it was simply a misunderstanding or offer proof of your side of the deal if they are BSing people.

As it is, your reputation is in question which means people are going to lean in their favor.

Lastly if they are telling the truth, then you currently have 3 people with legal grounds to come after you.  I would suggest you make things right, one way or the other.
« Last Edit: December 31, 1969, 05:00:00 PM by XavierMace »

Offline poison123

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« Reply #2 on: October 23, 2007, 06:43:01 PM »
Well Up State you got till Friday before I officially file the Mail Fraud charges against you.  Use your time wisely.
« Last Edit: December 31, 1969, 05:00:00 PM by poison123 »

Offline Morgann0

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Re: please tell me
« Reply #3 on: October 23, 2007, 08:56:38 PM »
Quote from: "Up State"
i dont rip people off.


All evidence to the contrary.
« Last Edit: December 31, 1969, 05:00:00 PM by Morgann0 »
\"All you touch, and all you see, is all your life will ever be.\"

Offline Up State

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« Reply #4 on: October 25, 2007, 02:54:56 PM »
what does that mean. and i have plenty of people that can back me up. i dont know how to get proof. i mailed to him what i told him i would. and i didnt rip off extremist. if i supposedly did why has he not tried to contact me as i still have the gun he gave me and if he wants to trade back i would be more than willing to. and what would you like poisin as i dont have the xbox anymore. all i have is guns.
« Last Edit: December 31, 1969, 05:00:00 PM by Up State »
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Offline poison123

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« Reply #5 on: October 25, 2007, 06:30:28 PM »
I'll call it even and move on at 100 bucks.  That would equal out the trade and deal with the fact I've got a Kart instead of a Marui.
« Last Edit: December 31, 1969, 05:00:00 PM by poison123 »

Offline Kilo11

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« Reply #6 on: October 25, 2007, 08:17:38 PM »
I dont mean to interjet posion but if you do that, then what does upstate learn besides that he can rip people off and then make it even later, If i were you posion id press charges to the fullest extent of the law.
« Last Edit: December 31, 1969, 05:00:00 PM by Kilo11 »
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Anywho, good luck and remember Airsoft is about safety and integrity. If you make us look bad we hunt you  \":lol:\"

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Offline Up State

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« Reply #7 on: October 26, 2007, 01:22:19 PM »
then pm your address poisin and ill send you my entire pay check next week and a copy of my pay stub to prove it.
« Last Edit: December 31, 1969, 05:00:00 PM by Up State »
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Offline Firehead

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« Reply #8 on: October 27, 2007, 02:48:51 AM »
Up State, don't be retarded. Sending him any amount of money isn't going to change the situation, reguardless of if you did, or didn't rip him off.

Poison, or anyone that claims to have been ripped off:
  Why does HE have to prove he didn't rip you off. How about you prove to US that he ripped you off? It is much easier to prove you've been ripped off, then for someone to prove they didn't rip you off.

And poison, I believe asking for 100 bucks to even the situation would be considered extortion. in a legal sense. So attempting to sue him or take legal action can bring a counter-suit. Doc any input on that subject?

No matter what, the truth will come out.
« Last Edit: December 31, 1969, 05:00:00 PM by Firehead »

Offline poison123

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« Reply #9 on: October 27, 2007, 01:20:28 PM »
How is it considered extortion?  He either makes up the trade value of the difference in what he sent me vs what he was supposed to send me or I file mail fraud charges against him.  

Thats me trying to give him a chance and not screw over the rest of his life.

http://wordnet.princeton.edu/perl/webwn?s=extortion

S: (n) extortion (the felonious act of extorting money (as by threats of violence))

So I don't believe I have threaten violence, just the use of the United States legal system.
« Last Edit: December 31, 1969, 05:00:00 PM by poison123 »

Offline Firehead

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« Reply #10 on: October 27, 2007, 01:27:52 PM »
I read a different definition that also included threats of reputation or legal action. So you have said give me "x" amount of money, or I will take you to court. If he gets an attorney becuase of this, and said attorney says he can file a counter-suit, you might be in trouble. I'm just saying you should be careful about how you approach that. I'm taking niether side, really. This isn't my problem.
« Last Edit: December 31, 1969, 05:00:00 PM by Firehead »

Offline poison123

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« Reply #11 on: October 27, 2007, 01:49:43 PM »
He's free to seek a Lawyer if need be.  He also had the option of sending me back the item I traded to him or sending me the actual item I traded for.  But in his own words he says he doesn't have them.  In fact if you go back through his sales threads etc he got rid of the xbox 360 fairly quickly.

Plus he's already been busted and banned on another forum for this exact thing.  

So now I'm left with a subpar M14 that I can't really use for the project I intended it for.

*shrugs*  I'm just ready to be done with this whole mess since it started Sept 17.
« Last Edit: December 31, 1969, 05:00:00 PM by poison123 »

Offline poison123

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« Reply #12 on: October 27, 2007, 01:52:05 PM »
Quote from: "Up State"
what does that mean. and i have plenty of people that can back me up. i dont know how to get proof. i mailed to him what i told him i would. and i didnt rip off extremist. if i supposedly did why has he not tried to contact me as i still have the gun he gave me and if he wants to trade back i would be more than willing to. and what would you like poisin as i dont have the xbox anymore. all i have is guns.


And just to point it out he's the one who made the offer of something to settle this instead of me directly filing the Mail Fraud charges.
« Last Edit: December 31, 1969, 05:00:00 PM by poison123 »

Offline Doc Hollywood

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« Reply #13 on: October 29, 2007, 11:05:26 AM »
Whoever is claiming breach of an agreement has the burden of proof of establishing their claim by 51% probability.

Transactions involving goods (i.e., AEG's) are subject to the mysterious complexities of the UCC Article 2.  Bizzare stuff, but in a nutshell, if the AEG sent was not what was advertised (and thus the subject of the purchase), the buyer can revoke the agreement and recover his money, but he must return the non-conforming AEG as well.

The problem here is they traded one USED good for another USED good and the only remedy is they each return it to the other.  Otherwise, market value controls and that aint much.

Threats of civil litigation in order to compel performance in a civil matter are almost never extortion.  Almost never because there are very specific instances that dont apply here so I won't discuss them.

However, threats of CRIMINAL action made for the purpose of compelling behavior where the threat maker has a financial or pecuniary interest is almost certainly extortion.

For the record, private citizens do not file criminal charges such as mail fraud.  A complaint is made to the responsible law enforcement agency who then investigates for evidence that supports ALL of the elements of a crime.  Once the LEO agency is satisfied it sends the case to the prosecuting attorney who then makes a legal evaluation of the case and either charges the defendant in court or declines the prosecution (or sometimes sends it back to the LEO for further work).

On point, an offer to resolve a civil dispute by an exchange of money happens every day - but if the threat of criminal action is involved then it would be unethical for a lawyer to even participate in the case and most likely its a crime - IF the threat of criminal action is so closely connected to the settlement that its clear the only purpose of the threat is to FORCE the settlement.

blah blah blah....

Poisin - take you lumps and learn - it would cost you nothing less than $5,000 to even begin the legal process with a skilled civil litigation firm.

Up State - regardless of your culpability here, in this very small airsoft community the general concept of "where there is smoke there is fire" applies and if you want to change what yo ubelieve to be an aside to your reputation its up to YOU and you alone to be the honorable person here.  Otherwise.... STFU and take your lumps like a man.
« Last Edit: December 31, 1969, 05:00:00 PM by Doc Hollywood »

Offline airsoft1290

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« Reply #14 on: November 22, 2007, 04:21:19 AM »
Hey, I'm another guy whom he is currently ripping off. I bought his FAMAS on October 10. He still hasn't sent it to me.
« Last Edit: December 31, 1969, 05:00:00 PM by airsoft1290 »