<snip>
Have you confirmed that this person is the real culprit?
thanks for clearing it up a little, Brenton:)..what we had was a
communication breakdown owing to work commitments..just to satisfy
people that im not a crook :)..below is the email from brenton when he
bought the radio...
HI Anthony,
Many thanks for that, it will be a great little 6m monitor and tx for
sure.
Pls ship to PO Box 3009 Murray Bridge SA 5253 when payment comes
through.
No great hurry for it, things are a bit flat out anyway.
Pls see receipt below for payment,.
Kind regards
Brenton
VK5BM
notice the "No great hurry for it, things are a bit flat out
anyway."... i was in the same position,workwise,and finished my work
commitments first :)
so just a communication breakdown :( (considering i was away till i
posted the rig ,i didnt get any of brentons emails,so he freaked a
little..he actually posted here 2 days after i actually sent the
rig,so thats a good lesson for all people b4 freaking out is ensure
there is actually a problem..i always trade via direct deposit (so if i
(or the or the other person) gets ripped,we have a bank account to
point the federal police or fair trading to)) always get a contact no.
(and ring so you can talk to who u trading with) and of course the aca
has our address details etc..so if people follow some simple practices
trading online,it can be a safe and stressfree experience....
To Anthony,
Not to carry this scenario on forever but I dont let $320 freak me
out, not even close, I tend to be a little more established than
that. A lack of returned emails over a week and no way to contact you
was certainly more a matter that required answers. Seeing previous
emails from your customers not receiving equipment and radio/computer
related historical problems would lead anyone to believe that the
cash has been taken without any value returned. I had over 10 emails
from individuals from Qld that suggested I had pretty much "done my
dough". Let me be clear on this, $320 is not going to change my
life, business has been good to me and I am thankful for this.
Anyway, if you have sent the item as mentioned, then the matter is
concluded once I receive it. I do think the combination of not being
able to get a return email from you for over a week at least, previous
listings on the forum noting specific problems with yourself by other
individuals and issues contacting you by phone, lets be honest, this
amounted to a pretty good reason to look for assistance. I suspect
that some of your details on VKham may have been somewhat dated
causing some issues however I do agree that we have seemed to have
found a solution. My statement of no hurry, a few days intended, not
3 weeks. Anyway, let see where we are when the radio arrives, I would
suggest we are all good but I would think we will not be doing
business in the future as the other complaint listings on here and my
problems contacting you are biasing me a little. This does not infer
I hold a grudge against you, its just my standard operating procedures
cutting in as a businessman. I probably should have researched on
here before sending funds, no offence to you but once I see someone
has had issues with another on here or VKham, I just keep my distance
in regards to purchases. I am hopeful that I will see the radio in
the next week or so and thank you for sending it. I will finish this
here and think and comment no more on this subject until the radio
arrives to be fair. I do thank you for sending the radio.
Regards
Brenton
yeah,best to leave it at that :)..but all i ask in futre is that you
dont over estimate a situation..for example you state that you had
over 10 emails saying you had been 'ripped off' funny that,seeing as
in the years i been on vkham, i have sold 1 pc and 4 radios (not
counting a couple of radio swaps with the same ham),so thats 5 items i
have sold(5 oppotunities to rip people off,if u will),yet you have 10
+ accounts :)..i can proove what i sold(and so can the archives on
vkham) yet you are insinuating 10 +..anyway,i can handle bullcrap
allegations(without basis in proof),and have no problems if you dont
deal with me in the futre, the people who have bought my radios got
good deals and no worries,as i said,i only trade in such a way where
both parties are safe and have avenues to send police etc...
ANYWAY! enjoy the radio :)..
> yeah,best to leave it at that :)..but all i ask in futre is that you
> dont over estimate a situation..for example you state that you had
You had time to take his money, so you had time to send it. Lesson in
business is that if you accept payment you send the item immediately, it
avoids all the mess that exists today.
--
Res
"What does Windows have that Linux doesn't?" - One hell of a lot of bugs!
i totally agree:)...but then you dont say theres no hurry and then
freak out when i used that option(like brenton,i too was busy during
this transaction)..there was no time limit implied by EITHER PARTY..i
mean if i was a pedantic person,and wanted to argue the point(im
not :) ),who would be right? what would a court of law say? there is
no contract implied other than(theres no hurry)..more to the point,if
brenton thought he was genuinely ripped off,he had my account
details,he had my address details,why not just send the cops or fair
trading rather than starting a negative bullshit internet thread??
some people like drama, i suppose :)
ANYWAY,AS BRENTON SAID...not to carry on this scenario forever,i,ll
leave it at that..brenton will have his radio in 5-7 days(in aus posts
hands now,not mine or brentons),we can all speculate and make
accusations or whatever after then:)
BUT I WILL HAVE TO MENTION THIS...BECAUSE OF THE JUVENILE WAY THIS
SITUATION HAS BEEN HANDLED,(TITLE OF POST,PUBLISHING PRIVATE
INFORMATION ON THE NET(ALREADY INFORMED USENET AND GOOGLE),BY BRENTONS
OWN ADMISSION AS A PROFESSIONAL BUSINESSMAN, I HAVE HAD TO PLACE THIS
EPISODE IN THE HANDS OF A SOLICITOR(WITH ALL ORIGINAL EMAILS AND
THREAD TITLES ETC,ALL BECAUSE THE PROPER AUTHORITES (POLICE, FAIR
TRADING) WERNT CALLED FIRST,RATHER, A QUITE PERSONAL ATTACK AND THE
PUBLISHING OF UNFOUNDED STATEMENTS BEING MADE..THIS IS NOT
PROFESSIONAL!
SO TO ALL OF US..IF YOU ENCOUNTER PROBLEMS,SORT IT OUT PROFESSIONALLY
AND CONTACT THE PROPER AUTHORITIES B4 POSTING ON THE NET...
>
> SO TO ALL OF US..IF YOU ENCOUNTER PROBLEMS,SORT IT OUT PROFESSIONALLY
> AND CONTACT THE PROPER AUTHORITIES B4 POSTING ON THE NET...
>
>
Posting it on the net got a quick result !
uhh,no it didnt:)..the radio was posted 2 days BEFORE this..your point
is????????????
>
> SITUATION HAS BEEN HANDLED,(TITLE OF POST,PUBLISHING PRIVATE
> INFORMATION ON THE NET(ALREADY INFORMED USENET AND GOOGLE),BY BRENTONS
who at usenet did you inform? :) Usenet is a "protocol" if you like, there
are no rules, except those placed upon you by whoever the poster uses.
But I agree its inappropriate to place someones details on the net when
all other avenues were not followed through, but it's not illegal, it may
violate his ISP's T&C, but thanks to hte anonymous brigades of google and
the like who prevent people from being readily identified, complaining to
them is not an option.
> OWN ADMISSION AS A PROFESSIONAL BUSINESSMAN, I HAVE HAD TO PLACE THIS
> EPISODE IN THE HANDS OF A SOLICITOR(WITH ALL ORIGINAL EMAILS AND
NFI what you expect to get from that, your only possible outreach might be
for defamation.
Defamation is a uniform AU law, its a communication from one person to at
least one other that lowers or harms the reputation of an identifiable
third person, where the communicator (the publisher) has no legal defence.
The law of defamation aims to balance free speech with the right of an
individual to enjoy a reputation free from an indefensible attack.
For a defamation action to succeed, the person complaining of the
defamation (you, the plaintiff) has to prove three things:
1, To be defamatory, the material has to be 'published' to at least one
person other than the plaintiff.... yes, done.
2, The plaintiff has to prove that the plaintiff was the person identified
by the communication.... yes, done.
3, That the communication is defamatory.... possible.
But now lets look at the otehr side because the next step is to consider
whether there exists a defence under the law of defamation, which includes
1, Honest opinion (AKA fair comment), he believes it was
2, Justification/Truth.... in his eyes he considered it so
3, Qualified privilege.... not applicable
Your solicitor did point these out to you didnt they?
So, it is really a touch and go thing, and will likely depend on which
side of the bed the judge got up on, as both of your opinions have to be
taken into consideration, and in all likelyhood he may have a justified
defence.
However, this is all based on what I have read here, and there is likely
to be far more involved that I've not read, like "others comments" on
the original website etc.
Then the website could be called into question, does it promote such
material, I'd imagine any posters of any negative comments on there would
not be false and could be supported to protect themselves and the website
itself from being involved in any action. Usenet of course, is different,
no court can order a removal of any post globally, they might be able to
one by one as found in the country of the case, such as AU, issue an order
requiring teh news server to delete a certain post, but 99.999% of the
worlds usenet servers are not based in AU and not subject to any AU court
order.
> SO TO ALL OF US..IF YOU ENCOUNTER PROBLEMS,SORT IT OUT PROFESSIONALLY
> AND CONTACT THE PROPER AUTHORITIES B4 POSTING ON THE NET...
also do not type in all caps, its regarded as shouting and is impolite.
I make these comments not knowing either one of you, you got his money,
he'll shortly have his radio, time for both of you to build a bridge and
move on to enjoying the approaching festive season.
How silly! Take a cool shower, both of you...
best not to trust anybody from Wagga anyway .......
cool! ..... bounce up with the heavies! .......