Oceancube - Rudy Vasquez - Major Fraud - Legal Case Won.

[metrokat]

oh my..for $2500...i would buy a damn plane ticket and pick it up myself..why you didnt do that?

because you can't fly with more than 3 oz of water? wild guess.

 

i would do what lawnman suggested, only send him a broken bag of water. ha.

[AirportFF]

That sucks. I hope it works out for you.

 

Just so everyone is aware. I was burned buying some corals online last year. I paid through paypal. But since they are considered "livestock" by paypal if they show up dead, damaged, etc...too bad, no recourse. You are at the mercy of the seller at that point.

 

Various credit cards probably have similar policies. Not sure though.

[bizzarro]

That sucks. I hope it works out for you.

 

Just so everyone is aware. I was burned buying some corals online last year. I paid through paypal. But since they are considered "livestock" by paypal if they show up dead, damaged, etc...too bad, no recourse. You are at the mercy of the seller at that point.

 

Various credit cards probably have similar policies. Not sure though.

 

But this is just outright fraud.

 

Just hope they can stick the mail fraud charges on him if you can't recover the money.

[coloagro]

I woul never pay more than 300 dollars to someone online. What were you thinking pal? I hope that son of a ##### gets caught.

 

 

No, I trusted him. I did some research and nothing bad came out about the guy. I even found the pair of his WW on YouTube.

 

When it came to the payment he said either pay $2500 as a gift or include the 3% Paypal fee in the payment. That's where he got me. I paid $2500 using the gift (masspayment) method.

 

I'll get the money, but it's a bit tricky due to the fact he is in Texas and I'm here in NJ. It will take few days.

 

I hate to say it but anyone who asks for the "Gift" masspayment method on Paypal is basically saying I will not back my product and you screwed if its not to your liking....in this case sadly....he completely robbed you and court/lawyer costs are going to outweigh the $$ lost. Sorry to hear this! I dont trust ANYONE ONLINE

[Mitch619]

Your court has jurisdiction over that guy. You don't need a lawyer. "Long arm statute" he advertised on the Internet willing to ship anywhere. Send that ####er a notice that he's being sued and if he doesn't get his ass to your city on the court date, you win by default. Don't get a lawyer for something simple like this.

[thewire]

because you can't fly with more than 3 oz of water? wild guess.

 

i would do what lawnman suggested, only send him a broken bag of water. ha.

I think you can check in the package at the check in bags....guessing too

[schabiazabi]

Send that ####er a notice that he's being sued and if he doesn't get his ass to your city on the court date, you win by default. Don't get a lawyer for something simple like this.

- you are correct. I checked already and the fraud "happened" at my location, so the case will be here.

 

Simple case, so I do not need an attorney. Collecting will be tricky, but if he defaults he will have a judgement. Could do what credit companies due, but it would be nasty.

 

Just file a case with paypal as item not as described. They will have you return the item. Once tracking shows the fish has been returned you get the money back.

- can't do it. It was a masspayment (last masspayment to anybody)

[BLINDSIDE]

man this makes me upset, im only an hour away, i wouldnt mind making a trip to pay this clown a visit i hope everything works out for you! does he own a store? i can check to see if he has the clown at his store if so and maybe take video/photos if that helps.

[muffe]

I was under the impression that you have to take the person to court in their region not yours.

[jack1978]

- I felt stupid for a day.

 

- you know what, now that I finally cooled off I realized how lame this whole thing was. Each fish was only in one bag. Today I got a shipment from SA and they put a fish in THREE bags, the way it should be.

 

"Each fish was only in one bag."

[tako]

I was under the impression that you have to take the person to court in their region not yours.

Not legal advice:

It depends. If it is a business doing transaction online then I'd say no, you can sue them in your own jurisdiction. However, the courts haven't been as clear about what constitutes 'minimum contacts' for an individual trying to do infrequent sales over the internet.

 

http://www.avvo.com/legal-guides/ugc/can-y...r-local-court-1

[akma]

ooo. lol

good catch!

 

quote name='jack1978' date='Feb 6 2012, 01:00 AM' post='3723783']

- I felt stupid for a day.

 

- you know what, now that I finally cooled off I realized how lame this whole thing was. Each fish was only in one bag. Today I got a shipment from SA and they put a fish in THREE bags, the way it should be.

 

"Each fish was only in one bag."

[hayseed777]

<insert Law & Order sound effect>

[kgbenson]

When it came to the payment he said either pay $2500 as a gift or include the 3% Paypal fee in the payment. That's where he got me. I paid $2500 using the gift (masspayment) method.

 

Everytime I read something like this there is mention of the seller requesting either gift payment or charging 3%. It leaves the buyer with no re-course - and gets abused by the less than scrupulous.

 

Two rules for paypal

Never Gift Pay

Always have the money withdrawn from a major credit card. Paypal is terrible at recovering money, credit cards are much better at it.

[Deckoz2302]

Agreed with on credit cards over the internet....always

 

Plane ticket agreed with - and to the only being able to fly with 3oz.....you fly there pick them up then ship them to yourself.

[oceancube]

WOW dont understand how everyone just believes you on here, ANDRZEJ WEGRZYN goahead and take me to court im awaiting, there's nothing to get, only thing your gonna get is yourself, your up to something , and why would i sell the fish thats missing to another person??? you make no sense, you have your stories all different in these sites, making people feel sorry for you, you need to ask yourself where the other fish is,you make all these things about me up and blame this and that on me, you say i lie about everything, when actually you lie, like i said in the other site, you didn't even know what you were buying before you paid money cause that male fish is my fish that you showed and that being the same fish your asking people if it's really a wyoming white?? why would you pay if you didn't think it was a wyoming white in the first place.. get real when your an arse well noone will help you.like i told you on the other forum goahead and cry and make stories to these people all you want but you know whats going on, you and all these members that belive you can discuss it on your own, ive provided all my proof and i even tried to talk to you nicely and calm but you took it another route,supposely i didnt only scam you but i lied to you about the money for shipping, ive already scammed another member, but we dont know who. i sold you a platnium single fish not wyoming white,i had my wife call you in disguise as another woman, blah blah go tell stories else where cause i dont buy none of them, i got to much to lose to play around with these kind of games, you were a problem from the get go and now that i know what i know well i would've not sold you anything, all i can say is people beware dealing or selling with this buyer, this is my 1st ever problem with a member in over all the years of my reef keeping and selling anything on forums the 1st.. so continue people putting these reply's about me when in reality yall dont even know what happen or how it happen, your just going by one side of the story and unfortunatly it's the wrong side!I have all my customers to back me up, even the ones that had some minor problem like deaths etc. cause thats what i do i try to make all my customers happy ask them all, there's about 100 or so on here, mofib,reefcentral,reef2reef..... your nothing but trouble and a nightmare!

[iball1804]

1. Capitalize.

2. Comma splices are an elementary error

3. While a good fight, he got an empty bag. Either something happened during shipment to make the box wet (which means the fish would still be in the box, just dead/decaying). A fish is missing, and you're to blame.

 

No smoke and mirrors there.

[siwelk]

Got my popcorn.

[Jacob042426]

me too

[adinsxq]

Did you check behind the cushions?

 

I like how you dumped all of the foam peanuts on to your floor

[reefdummy]

- you know what, now that I finally cooled off I realized how lame this whole thing was. Each fish was only in one bag.

huh

[flyweed]

Wow..this is better than Days of our Lives OR CSI Miami! What the heck....Oceancube.....if his person ordered 2 fish and only received one, how are THEY wrong? There were two bags in the box..what was the extra bag of water for? We heard his story, so now tell us yours. If you truly are a "up and up" business person you'd make it right..either in product or refund!

[schabiazabi]

you fly there pick them up then ship them to yourself.

- Good idea.

 

There is some good news, I was able to buy a new WW. It's smaller than the male I have, so my male is going to be a female and the new fish is going to be a male. Hopefully.

 

Rudy, I'm not going to reply to you since I need this thread open as there is something I want to post in the near future.

[ry05coupe]

You all do realize that he could just be saying that he only received one fish... Right?

 

Definily not saying that's the case but jeez.

[iball1804]

Wow..this is better than Days of our Lives OR CSI Miami! What the heck....Oceancube.....if his person ordered 2 fish and only received one, how are THEY wrong? There were two bags in the box..what was the extra bag of water for? We heard his story, so now tell us yours. If you truly are a "up and up" business person you'd make it right..either in product or refund!

And that is exactly what I am saying. :thumbsup: