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    Apparently someone didn't like their shoes...

    As many of you know, I have a thread going trying to sell off part of my shoe collection. I found this humerous, so I thought I'd share. I sent him a brand new pair of shoes, he takes pictures of them all muddy three days later, and apparently he's filing a suit against me. Here's the conversation so far, I'm waiting for his response. I encourage those I've done business with to post your feedback.

    Ross Sullivan,

    New means NEW. As in brand new. Never worn. These have dirt in the soles and mud on them, (attached is the picture I just took of them as well as a print out of your ad. Note in your description the terms “brand new”, “unused”, and “never worn”). I don’t know if they were yours or somebody else’s. Whatever the case, they are a long way off from NEW.

    Look, the shoes I sold you were new. Whether you went out and jumped in a few puddles, then took picture, or stepped in some mud and changed your mind, I can not be held accountable for this. The shoes I sent you were new, unused, never worn, or however else you'd like to describe them. What happened from the time you opened the box, to the time you emailed me, is not up to me, nor can I be held responsible.

    The shoes were $120 new like 4 years ago. They are a discontinued model. I just bought a truly new pair for $65 on Ebay. All that’s besides the point. You are clearly in the wrong because your ad said new and the shoes were not new.

    Also your response is totally unacceptable. My feedback is 100% because I advertise correctly, and treat others as I would want to be treated. You have not done that. I am perfectly friendly, courteous, etc, until you try to screw me.

    In my response, I have been more than accommodating. Your personal insults, foul language and negative response is no way to do business. I as well, have a 100% feedback because of my honesty, diligence, and courteous manner. I cannot say the same for you.

    You have the two options sir and a week to decide. I suggest you take one of them. If not, I have your Ebay username, email address, name, address and the attached evidence that you sold me a used pair of shoes that you advertised as new. I will sue you just for the point of this matter. I have several close friends that are lawyers. I will get with them and take you to court to teach you a lesson. It would be no big deal for me or them. I mean that. Do not screw me over. If I do not hear back from you, the next you’ll hear from me is a court summons at your front door.


    Your idle, hollow threats are no way to do business. I do not appreciate the threat of being sued because some "eBay" scam artist decided they didn't want the shoes anymore. I shipped them in a timely fashion, at mostly my expense.

    If you would like to sue me, I fully welcome this. I hope you are well versed in the language of the courts. In case you haven't done your studying, due to California venue laws, you will need to file in California. I suggest you file with the Sonoma County small claims court for your $30 dispute. You will receive a date to show up to court, as will I. Because you're filing in California, you'll need a plane ticket. Plane tickets can be purchased through such companies as "Travelocity, South West, and Jet Blue" ranging from $650-$1,250 from West Virginia to San Francisco. Maybe they will offer a hotel/plane ticket discount, I hear the Embassy Suites in San Rafael just had a remodel. Because you're traveling such a long distance, I assume you'll need to rent a car, or take a taxi. I'm about 40 miles from the nearest airport so you'll need to get up here for court! I prefer "Green Cab" they use fuel efficient vehicles and hybrids, that way I know I'm helping the environment! Due to federal law in the United States (not just California) you are not able to sue to recover travel cost if that's what you were thinking, each party is responsible for their own transportation.

    If you'd like, we can get working on this as soon as possible. My mother is a district attorney in the city of Greenbrae, CA and has agreed to represent me with pleasure in this case. It's about 20 minutes from me, so I don't mind making the drive to file paperwork. Maybe I'll take the bus, it's only a $2 fee, and gas is over $4.50 a gallon! I can give you her office telephone number, fax, address, and all the information for you to file suit.

    Hope to hear from you soon!

    Best Regards,

    Ross Sullivan
    Last edited by Rsully70sev; 05-07-2011, 09:11 PM.

    #2
    Al I can say is wow. Over a pair of shoes?


    90 325is alpine2 m50b25 becoming a dorifto car.

    Comment


      #3
      lulz what a douche

      all over $40 of value on a pair of shoes
      BRUTE

      Comment


        #4
        Yeah, pretty lame lol.

        Comment


          #5
          Just ignore him and he will go away.

          Comment


            #6
            That's awesome. lol
            From The Land Of Sky Blue Waters.

            Originally posted by lambo
            Fuck studying. Party hard.

            Comment


              #7
              Raped.

              1991 325iS turbo

              Comment


                #8
                Fucking awesome reply. Priceless.
                BimmerHeads
                Classic BMW Specialists
                Santa Clarita, CA

                www.BimmerHeads.com

                Comment


                  #9
                  Would read again.
                  My previous build (currently E30-less)
                  http://www.r3vlimited.com/board/showthread.php?t=170390

                  A 2016 Toyota Tacoma TRD 4x4 Offroad in Inferno is my newest obsession

                  Comment


                    #10
                    I hope for your sake the transaction's not through PayPal, 'cause you're going to get screwed. PayPal ALWAYS sides with the buyer, scammer or otherwise. Ask me how I know.

                    Comment


                      #11
                      pro dude. you sound like a lawyer yourself haha


                      Originally posted by stewie30luvr
                      ooo cause i was fixing my chain tensioner and there was a black widow on the radiator so i killed it
                      Originally posted by JakeP
                      with a coathanger

                      Comment


                        #12


                        Hm, I've heard that before about PayPal. I've also heard from others that PayPal just verifies that the item was recieved, in which it was, and it's case closed. I'd hate for this asshole to come out on top in any way.

                        Comment


                          #13
                          Ross Sullivan is a Crook and a Liar

                          For everyone's benefit, here is the whole letter (also my latest response). Notice how he took out the part about the worn insoles. The picture I sent him clearly shows that they a worn and used.

                          Ross Sullivan:

                          I guess I ran around in them for a few days to scoff up the insoles (not). No, the picture I sent you is of the shoes right out of the box. Do you think I would pursue this if the shoes actually were new?

                          You are on buddy. Now, its no longer a misunderstanding. It’s obvious now that it wasn’t a mistake, that you have purposely lied about the shoes and tried to rip off a trusting customer. If you had admitted to a mistake or been truthful, that would be one thing, but instead you are a willful crook.

                          I withdrawal my offer to accept a $30 partial refund. I want a full refund including shipping both ways. Looks like you underestimated the shipping in your ad, which was a dumb mistake (I know because I have sold shoes in the past and made the same mistake). Not my problem though. You owe me $87 ($65 + $7 original shipping + $15 return shipping), and I will send these shoes back to you, and you can resell them to whoever. I don’t need the money. But I need for you to admit you were wrong and make it right. It’s a principal thing.

                          Like I said you have a week to consider. At that time, if you have not agreed to a refund return, I will get a lawyer involved and you WILL be sued. I have not yet looked into it as you say you have. But I will. Also I have a good friend who lives in San Francisco who may be able to represent me or at least file the paperwork for me. Never underestimate what a good lawyer can do, regardless of location. Also never underestimate the pain in the neck it will be for you.

                          However, before that, kiss your Ebay reputation and account goodbye. I will not stop at negative feedback, but will write letters to Ebay as well. As many as it takes.

                          At the very least you will have to attend court. I will make every attempt to get this settled in the eyes of the law and we will see what a judge thinks is the right thing. It make take a while, but I’ve got a lot of patience. Especially to teach a crook a lesson.

                          Sincerely,
                          Wes Byrd


                          From: R Sullivan [mailto:rsully70sev@gmail.com]
                          Sent: Saturday, May 07, 2011 11:51 PM
                          To: Wesley Byrd
                          Subject: Re: New Shoes? (Item# 110682680860)

                          Ross Sullivan,

                          New means NEW. As in brand new. Never worn. These have dirt in the soles, the insoles are worn (attached is the picture I just took of them as well as a print out of your ad. Note in your description the terms “brand new”, “unused”, and “never worn”). I don’t know if they were yours or somebody else’s. Whatever the case, they are a long way off from NEW.

                          Look, the shoes I sold you were new. Whether you went out and jumped in a few puddles, then took picture, or stepped in some mud and changed your mind, I can not be held accountable for this. The shoes I sent you were new, unused, never worn, or however else you'd like to describe them. What happened from the time you opened the box, to the time you emailed me, is not up to me, nor can I be held responsible.

                          The shoes were $120 new like 4 years ago. They are a discontinued model. I just bought a truly new pair for $65 on Ebay. All that’s besides the point. You are clearly in the wrong because your ad said new and the shoes were not new.

                          Also your response is totally unacceptable. My feedback is 100% because I advertise correctly, and treat others as I would want to be treated. You have not done that. I am perfectly friendly, courteous, etc, until you try to screw me.

                          In my response, I have been more than accommodating. Your personal insults, foul language and negative personality is no way to do business. I as well, have a 100% feedback because of my honesty, diligence, and friendly courteous manner. I cannot say the same for you.

                          You have the two options sir and a week to decide. I suggest you take one of them. If not, I have your Ebay username, email address, name, address and the attached evidence that you sold me a used pair of shoes that you advertised as new. I will sue you just for the point of this matter. I have several close friends that are lawyers. I will get with them and take you to court to teach you a lesson. It would be no big deal for me or them. I mean that. Do not screw me over. If I do not hear back from you, the next you’ll hear from me is a court summons at your front door.


                          Your idle, hollow threats are no way to do business. I do not appreciate the threat of being sued because some "eBay" scam artist decided they didn't want the shoes anymore. I shipped them in a timely fashion, at mostly my expense.

                          If you would like to sue me, I fully welcome this. I hope you are well versed in the language of the courts. Incase you haven't done your studying, due to California venue laws, you will need to file in California. I suggest you file with the Sonoma County small claims court for your $30 dispute. You will receive a date to show up to court, as will I. Because you're filing in California, you'll need a plane ticket. Plane tickets can be purchased through such companies as "Travelocity, South West, and Jet Blue" ranging from $650-$1,250 from West Virginia to San Francisco. Maybe they will offer a hotel/plane ticket discount, I hear the Embassy Suites in San Rafael just had a remodel. Because you're traveling such a long distance, I assume you'll need to rent a car, or take a taxi. I'm about 40 miles from the nearest airport so you'll need to get up here for court! I prefer "Green Cab" they use fuel efficient vehicles and hybrids, that way I know I'm helping the environment! Due to federal law in the United States (not just California) you are not able to sue to recover travel cost if that's what you were thinking, each party is responsible for their own transportation.

                          If you'd like, we can get working on this as soon as possible. My mother is a district attorney in the city of Greenbrae, CA and has agreed to represent me with pleasure in this case. It's about 20 minutes from me, so I don't mind making the drive to file paperwork. Maybe I'll take the bus, it's only a $2 fee, and gas is over $4.50 a gallon! I can give you her office telephone number, fax, address, and all the information for you to file suit.

                          Hope to hear from you soon!

                          Best Regards,

                          Ross Sullivan

                          Comment


                            #14
                            ^^Do not be mistaken. If the buyer files a grievance against you claiming that the item received was not as stated at the time of sale for any reason, you're fucked.

                            Comment


                              #15
                              All you guys, sorry to cut in on your thread, but this dude is trying to rip me off. Sorry if he's your friend, but he's trying to screw me over and it just isn't right. He is lying. It's only $65, but how would you feel if you bought a car part and the seller said it was new, and when you got it, not only was it dirty, but was half worn out. Its a rip off. I am not a scammer. Also thanks Ryann for the pointer about Paypal. That may be easier than a lawyer.

                              Comment

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