Ok David here's my back up.
From: "Tara and David" <waglon@
Reply-To: "Tara and David" <waglon@
To: "Darryn
Subject: Re: freight cost query
Date: Wed, 11 Oct 2006 21:43:35 +0930
Darryn,
You have a real nerve. After making me wait for almost 2 months for my enclosures, you send me 3 that are only 90x45x45cm. I specifically asked for 90x60x60cm enclosures and you agreed to make and send me enclosures that size. Also, the light fittings you sent were all smashed due to poor packing and the backing was so thin that the electrical cable had torn through 2 of them. You have ripped me off and unless you rectify this problem I will ensure you do not trade again. The enclosures you sent had a total volume of 182.25 cubic metres. 90x60x60cm enclosures have a total volume of 324 cubic metres. This means you sold me nearly half of what I paid for as well as being unsuitable for snakes. You cannot use 1 mm ply for a backing for a enclosure, my big python could easily push its way through it.
I will give you one day to respond to this email with a suitable resolution. If you do not, I ensure you, I will prevent you from selling anything on the internet again. I will inform every herp in Australia of our dealings and I will provide them with all of your details. I will also make sure anyone who bids on your enclosures on EBAY will be informed of your shady dealings. You will not be able to get me for defamation as this can only be done if I lie about you. I will be totally honest and provide photographic evidence of my reportings. Do not underestimate me.
I have pasted the correspondence between us about the size of the enclosures.
I will send this email to three of your email addresses to make sure you get it.
Reply:
----- Original Message -----
From: Darryn
To: waglon@
Sent: Thursday, October 12, 2006 8:04 AM
Subject: Re: freight cost query
David,
Frist can you send me pics to confirm damage? I will replace the enclosure, send the old one back first and I'll replace it when I have the damaged one in your possesion. You will have to pay for postage back to me.
Darryn
From David:
From: "Tara and David"
Reply-To: "Tara and David"
To: "Darryn
Subject: Re: freight cost query
Date: Thu, 12 Oct 2006 09:17:05 +0930
Darryn,
I'll send you photos but I will not - repeat will not - send the others back to you until I get replacements. I do not have to pay for your criminal activities. You deliberately sent me enclosures much smaller than I ordered. I have no psychological problems, I just do not like being lied to and ripped off. I am a victim of crime and you are the perpetrator. You agreed to provide me with 3 x 90x60x60cm enclosures. I have complete documentation to substantiate my claim. I'm not going to waste my energy continually bouncing emails off you . You will replace my enclosures at your expense. I will be calling the ATO at midday if you do not resolve this issue to my satsifatction.
David.
From: Darryn
To: waglon@
Sent: Thursday, October 12, 2006 9:33 AM
Subject: Re: freight cost query
David,
''AS I SAID ''
That’s all I am ask to do.
Please go to the ATO that’s ok with me
Do what ever you want to do I have offered to fix the problem.
The enclosure you got where what you paid for you where not charged any more.
I will happily replace the enclosure but you must return them first. I will cover the cost of return freight.
That’s all I can do.
First can you send me pics to confirm damage? I will replace the enclosure, send the old one back first and I'll replace it when I have the damaged one in your possesion. You will have to pay for postage back to me.
Darryn
From: "Tara and David"
Reply-To: "Tara and David"
To: "Darryn
Subject: Re: freight cost query
Date: Thu, 12 Oct 2006 10:28:20 +0930
Darryn,
You amaze me. I am not asking you to fix the broken enclosures, I am telling you you have to replace the enclosures with the size I paid for. You agreed on a price for 3 enclosures 90x60x60cm. You cannot just decide to send me smaller enclosures at your whim. I have your emails which constitue as a legally binding contract. Do you need me to draw you pictures?
I will not send the enclosures back to you unitl you send replacements. It took you 2 months to send me these, do you think I am stupid enough to send you anything at my cost and wait for you to send something back. You have broken the law. Just admit you are at fault and stop stuffing me around.
As to calling the ATO, thank you for your blessing. They will be informed of your dealings on the internet, petlink and with xxxxxxxxxx xxxxxxx xxxxxxx shop. I will provide them with your ebay identities (yes all of them), your bank account details and all the email addresses you operate under. The ATO has the power to access you bank account details without your consent as well as get all you business dealings with EBAY.
I also hope you have not implicated your partner as the ATO will also investigate her.
I have enclosed photos of some of the damage to the enclosures.
David.
Date: Thu, 12 Oct 2006 09:17:05 +0930
Darryn,
I'll send you photos but I will not - repeat will not - send the others back to you until I get replacements. I do not have to pay for your criminal activities. You deliberately sent me enclosures much smaller than I ordered. I have no psychological problems, I just do not like being lied to and ripped off. I am a victim of crime and you are the perpetrator. You agreed to provide me with 3 x 90x60x60cm enclosures. I have complete documentation to substantiate my claim. I'm not going to waste my energy continually bouncing emails off you . You will replace my enclosures at your expense. I will be calling the ATO at midday if you do not resolve this issue to my satsifatction.
David.
Well I guess i'm not trying to work this out am I David?