Replacement Python WITH WORMS AGAIN

[bundy_zigg]

What do you all think of having a negative feedback area as we have one for posative

 

[horsesrule]

Ok i have just sent another email to the seller as the seller has refused to answer the first email.


Attention Manager ***** *** ******,

I request a response to my email sent 24 hours ago.

Should you refuse to contact me or reimburse the vet costs as requested i will make an application to the Magistrates Court for compensation including:

Vet Costs
Travel Costs
Court Costs

It is in your interest to resolve this matter now, as should i be forced to proceed with proceedings in the Magistrates Court this will be a public matter.

Sincerely


Hopefully this will get him thinking.

From the number of people coming forward now its clear this seller has made tens of thousands of dollars and probably more by ripping people off.

 

[=bECS=]

What do you all think of having a negative feedback area as we have one for posative

its been done to death, admin wont allow it as it leaves them open to law suits, which is the same reason this and other sellers that have been complained about cannot be named.

 

[mysnakesau]

I would go ahead with it Horserule & make the application Horserule. Perhaps he will respond when he realises you aren't just bluffing him. You can pull out at anytime when an agreement can be reached. If he refuses to respond to that he will be looking at more than just a law suet.

I am sorry to hear you have had to go through such heart ache. I really feel for those animals. He needs to be stopped. And you too Cordyline for losing yours as well. Its a real sad story, I hope it ends well.

 

[Twin_Rivers]

Is he the type of guy that will punch a camera man??? If he is let ACA (has to be aca i don't get today tonight out here) know the will be around there in a flash, Horserule cold do the pixelated face and deep voice, and tonight on ACA the snake charmer not selling the snake oil he advertises

 

[=bECS=]

I would go ahead with it Horserule & make the application Horserule. Perhaps he will respond when he realises you aren't just bluffing him. You can pull out at anytime when an agreement can be reached. If he refuses to respond to that he will be looking at more than just a law suet.

I am sorry to hear you have had to go through such heart ache. I really feel for those animals. He needs to be stopped. And you too Cordyline for losing yours as well. Its a real sad story, I hope it ends well.

It seems like the whole reason this 'person' still has a good reputation is because when theres a bit of heat from a frustrated customer that's sick of being ignored, who then decides to go with the full force of the law, they end up getting paid off to keep quiet so to speak

 

[horsesrule]

Ok i rang the magistrates court.

It will cost $70.40c to take him to court for between $500-$1000 Compensation

Or

$146.40c to take him to court for between $1000-$5000 Compensation

So the first option would apply to us and most of us here who have been fraudulantly screwed over by him.

Magistrats court is much more powerfull than VCAT so they would be the way to go assuming us and others decide to.

 

[Mrs I]

And when you win he will have to reimburse all out of pockets costs including court fees too.

 

[Twin_Rivers]

You will need to be careful, get a lawyer, he definately will have one, it is his livelyhood you are threatening, you will need to have written documentaion of when, where and purchase price, plus an autopsy report plus written expert advice from a vet saying that the snake must of been mortally infected at time of purchase. A recorded of the the replacement snake and vet report would also be required, a history of your reptile keeping experience including membership of any societies, groups or even forums, anythign to give yourself credibility.
Their lawyer will try to discredit you, and lay fault on you for the death of the snake and are just after some money. you will need to prepared to defend your self and your actions, without getting angry. If you do lose you will have to pay the court costs etc adn he may sue you for defamation or the like. Any one else who also comes forward will also need written documentaion of when, where and purchase price, plus an autopsy report plus written expert advice from a vet saying that the snake must of been mortally infected at time of purchase.
It may be risky but will be worth it if you win, It dosen't matter if he has done the wrong thing or the right thing it only matters if it is legal, check for anyfine print on any form, invoice etc you got from the store that may lay all responsibilty at your feet.
Don't rush into anything before talking to a lawyer.

 

[horsesrule]

You will need to be careful, get a lawyer, he definately will have one, it is his livelyhood you are threatening, you will need to have written documentaion of when, where and purchase price, plus an autopsy report plus written expert advice from a vet saying that the snake must of been mortally infected at time of purchase. A recorded of the the replacement snake and vet report would also be required, a history of your reptile keeping experience including membership of any societies, groups or even forums, anythign to give yourself credibility.
Their lawyer will try to discredit you, and lay fault on you for the death of the snake and are just after some money. you will need to prepared to defend your self and your actions, without getting angry. If you do lose you will have to pay the court costs etc adn he may sue you for defamation or the like. Any one else who also comes forward will also need written documentaion of when, where and purchase price, plus an autopsy report plus written expert advice from a vet saying that the snake must of been mortally infected at time of purchase.
It may be risky but will be worth it if you win, It dosen't matter if he has done the wrong thing or the right thing it only matters if it is legal, check for anyfine print on any form, invoice etc you got from the store that may lay all responsibilty at your feet.
Don't rush into anything before talking to a lawyer.

I dont think he will let this go to court but i may be wrong.

Should he force it to court:

I have a hand written receipt from the owner himself (with no fine print at all on it)
Autopsy report can be obtained by the reptile vet who performed the autopsy
Can get a report of the vet report for the second replacement snake as the same vet seen it
DSE were notified today

The fact he is ignoring the emails indicates he wants this to go away.

I would think someone like him taking on people like us for small amounts like $500 would actually hurt him more than help him.

 

[Twin_Rivers]

He may ignore you until he recieves something legal from a lawyer or the court, and if he has not broken a law then he has nothign to worry about, it could come down to your word against his, he will say the snake was healthy when it left his store, you will have to prove it was not, somehow prove the snake that died was in fact the same snake that you purchased.
If you do accept payment you will give up your right to any other action, you will not be able to take him to court, go to the media or even discuss it in a forum. the fact that you were given a replacement snake could be seen as adequet compensation by the court and you could be seen 'as wasteing the courts time' if the magistrate is not an animal lover.
Be careful

 

[=bECS=]

How many people have contacted you about this that have similar troubles?
APS is only a tiny part of the overall herp community, and i dare say a very small % of those that have been burned by this are aware they are not the only ones.

 

[jessb]

If you do accept payment you will give up your right to any other action ... the fact that you were given a replacement snake could be seen as adequet compensation by the court

I think this is a very good point - you accepted a replacement for the original, thus losing your right to continue with further action against him. Under the trade practices act, the seller is only required to give you a refund/replacement for a faulty product, which he has done.

 

[horsesrule]

You are right this is just one forum in the herp hobby of Australia.

How many people have bought of him and dont use this forum etc i am guessing many.

From the numbers coming forward it seems if you get a healthy snake or reptile from this seller thats actually not the norm.

Around 30 people have contacted me to say they have bought reptiles of this seller and the animal has died within a short period of time or nearly died and required vet treatment.

Dozens of people have messaged me saying they have had other problems such as being sold the wrong sex, color, breed, etc.

Dozens of people have said they had planned to go though this seller in the near future but wont now.

Dozens have contacted me and said they know of someone who has burned by this seller in the past.

 

[horsesrule]

I think this is a very good point - you accepted a replacement for the original, thus losing your right to continue with further action against him. Under the trade practices act, the seller is only required to give you a refund/replacement for a faulty product, which he has done.

He replaced it with another sick animal therefor he has not complied with the law.

Further to that he has breached DSE guidelines. And the wildlife act.

 

[=bECS=]

even though the replacement is also faulty?
I think the best advice is to have a talk with a good lawyer, then going by their advice, decide if its best to take on a single case yourself, start a class action with whoever you can rally that has the evidence needed or go to the media in which case you may be able to remain anon, and at the same time reach more possible victims building a stronger case.

The only thing is, if you go for the latter, you will need alot of people to report it or 'suggest the story' to get their attention before you even get a look in.

 

[mungus]

Sorry to ask a stupid question, but, with him / her / it ripping this many people off , you guys as well,
why not simply FRONT the person in question and gently ask for your money and vet fee's back ??
I would & have done in the past - no problem.

 

[bundy_zigg]

I think this is a very good point - you accepted a replacement for the original, thus losing your right to continue with further action against him. Under the trade practices act, the seller is only required to give you a refund/replacement for a faulty product, which he has done.

as horesrule stated the animal that he replaced it with also had an infestation of worms so he didnt do the right thing - maybe you should read back through the post as it does state this - not to mention if you ask for your money back thats what you should get not a replacement snake.

 

[Twin_Rivers]

The best course as i see it is to encourage everyone who has contacted you to contact the DSE and RSPCA about this seller and get them to take the appropriate action, they have the experience and the personal to do it properly but also the finance. If as many people as you say and the problem is as big as it is then a quick tour by the RSPCA and DSE should be enough for the to take action, a few feacal test will show there is an issue with worms and possibly other problems, for worms to have spread through all animals as you say then hygene can't be up to a very high standard, if no action is taken by RSPCA or DSE then try Today tonight or ACA the media attention will at least get the message out and should force the RSPCA and DSE into action.
Or you could try to take him to court but i still do not think you would win the case

 

[mungus]

as horesrule stated the animal that he replaced it with also had an infestation of worms so he didnt do the right thing - maybe you should read back through the post as it does state this - not to mention if you ask for your money back thats what you should get not a replacement snake.

But he's replaced it with another faulity item !!
So that puts in back in the box seat.