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| Author | Message |
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Outinthedark
  
| | #1 posted June 11, 2009 at 8:02pm (EST) |
I am having an issue with DVDFREAK007. With no contact at all since the 28th and having not logged in since the 1st [though he has been demoted to silver not gold anymore so that math is a little mind boggling]
I am wondering how long I should wait. I send email and trade message and no reply at all. I see past BTRs for games but I am not being a rental service especially with DVDs that can just be ripped.
Any help would be appreciative and I hope he returns soon. I've given him a final "deadline" for a week from today to produce his side of the trade or I and the other trader, seemingly left in limbo, will be pursuing legal processes.
Just would like some advice. I was too early to jump the gun on a trader who clearly does not know how to properly message [he left his "message" that he sent in my feedback rather than in the trade listing and never contacted me again] but ended up coming through just some miscommunication but I at least got my end of the bargain. This guy just leaves and does not reply to any message.
Thanks in advance. |
Forgotten_Freshness
 
| | #2 posted June 11, 2009 at 8:08pm (EST) |
This guy has a history, so I'd say don't be too lenient about it. Giving him the deadline was the best thing you could do. If he doesn't have the stuff by next Thursday, just slap the BTR on and go about pursuing some sort of recourse (mail fraud perhaps?).
 |
Outinthedark
| | #3 posted June 11, 2009 at 8:15pm (EST) |
Thanks for the quick reply. I figured a week was lenient enough given I have not had any contact with him and he has not logged on. I already have the papers in hand to file with his city/county attorney's office if next Thursday comes and goes. I've advised the other trader that has a pending with him the same thing.
Hopefully this does not have to come to this. |
hamsterbater
 
| | #4 posted June 11, 2009 at 11:11pm (EST) |
Yeah, DVDFreak is known to be a crapty person to deal with.
Sorry that one of your first experiences on this site is a poor one. Most of us are pretty cool to deal with though!
Especially Frank there. He's easily the best guy on here to deal with.
 |
Forgotten_Freshness
| | #5 posted June 12, 2009 at 12:17am (EST) |
I've got this crap locked down.
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DuffMan
 
BTRs
| | #6 posted June 12, 2009 at 1:16am (EST) |
Forgotten_Freshness speaks truth. If he doesn't follow through by the date you gave, BTR his ass.
I'd offer to trade with you to try to improve the GameTZ imagine in your eyes, but I don't really deal in 360 stuff (that doesn't involve Rock Band) 
~S
My username used to be Shrike. |
bill
 
 
 
| | #7 posted June 12, 2009 at 7:49am (EST) |
I sent him a nice email from mods... it's not likely to help, but it's worth a shot. |
Outinthedark
| | #8 posted June 12, 2009 at 5:35pm (EST) |
Thanks for your support guys. I am loving GTZ so far. More trades per month than 6+ at CAG bumping my damn thread.
I'm loving the games I traded for here and I have a huge backlog now thanks to those trades as well as a sizable paypal balance from sales. He only got my dvds which I was only trying to sell for spare cash. Not a big deal to me but I could use the money for food/gas/etc.
I already have the paperwork I need to file a warrant if I have to. Hopefully he will respond within the week and clear this all up. |
bill
| | #9 posted June 13, 2009 at 7:02am (EST) |
I'm glad to hear you're having a good experience otherwise.
I think that's generally the way to see it. Everyone has a bad experience once in a while, but overall we get so much out of trading (from all the good experiences) that in-balance it's really worth it. |
dvdfreak2005
| | #10 posted June 13, 2009 at 8:41pm (EST) |
I just wana say that I have had 6 very good trades with Dvdfreak2007. He just sent me a ton of wrestling dvds a few weeks back. I know he does have alot of computer problems so hes not able to come online a ton. Maybe your experience with him was bad but I just wana note ive had 6 good trades with him |
dvdfreak2005
| | #11 posted June 13, 2009 at 8:57pm (EST) |
I did send him a message and if he gets back to me id be happy to try to help you out in communicating with him. |
Outinthedark
| | #12 posted June 14, 2009 at 9:32pm (EST) |
I did see you trade quite a few times with him including right before my purposed trade with him.
If he does get back to you let him know I will be filing for a warrant on Thursday. His local county attorney has been extremely helpful but only after issuing the warrant can I get an officer to do a knock and talk.
Like I said before I hope it does not come to it and I'd hate to go through all this trouble but plain and simple he needs to send out the money to both of his pendings before thursday via certified mail. Not being able to send out promised monies in a timely manner is an entirely different situation than not being able to get online to communicate. There is a public library not 10 minutes down the road from him. I'm sure they would be able to accommodate a simple internet connection if he needed to get online. |
dvdfreak2005
| | #13 posted June 14, 2009 at 11:34pm (EST) |
I do agree that there really isnt an excuse for this. Right before he traded with you he got kinda mad at me and wanted me to change my user name . We got into a big fight about it
but then we just dropped it and got along and did that last trade. It took us a few days to agree on what was going where and when but I dont have anything bad to say about him.
I will keep trying to get ahold of him myself and help you if I can. Nobody deserves to be in the situation you are. |
dvdfreak2005
| | #14 posted June 14, 2009 at 11:45pm (EST) |
Hey I just sent this email to him trying to help you out. I hope he responds.
Hey its your bud dvdfreak2005 from gametz.
I wanted to send you an email and let you know of a problem that is going on right now at gametz in regards to some of your current trades.
Someone your trading with made a topic in the site feedback forums about you not sending money in one of your trades. Since I have personaly had
6 awesome trades with you I felt like I should stick up for you so I did that. But now the person is saying that if you dont have the money sent by this
Thur that he is going to have a warrent issued for you in your area. I guess he has talked to your local police and they are willing to help him if you dont pay.
Personaly I think your a good guy and im sure this is all just some big mix up. I made mistakes on this site in the past and trust me it isnt worth it.
I was lucky to get back on the site and id hate to see you get baned if its really just a mess up. Fix your issues with this guy so we can work on a 7th trade.
Best Wishes
Edward Terwilliger (dvdfreak2005) |
dvdfreak2005
| | #15 posted June 14, 2009 at 11:45pm (EST) |
I sent it from my personal email |
Outinthedark
| | #16 posted June 15, 2009 at 3:50pm (EST) |
Thanks man I hope he gets back to you.
I had previously asked the state police, sheriffs department, as well as the grayson pd but his town is too small for any of them to do a knock and talk and see whats up. County Attorney told me himself that the only way he can spare officers is to file the warrant. A little extreme if you ask me but he said it was the only way to get the ball rolling.
Also I have a feeling the warrant will blanket for any tenants/owners so whoever else lives there may also be liable as well. |
dvdfreak2005
| | #17 posted June 15, 2009 at 4:15pm (EST) |
It is a bit extreme but they you gotta do what you gotta do.. if you could somehow find his phone number you could call him at home or maybe talk to someone who lives with him. |
Outinthedark
| | #18 posted June 15, 2009 at 5:07pm (EST) |
Phone number is unlisted. Believe me I have exhausted all amounts of efforts to contact this guy. |
dvdfreak2005
| | #19 posted June 15, 2009 at 7:28pm (EST) |
I really dont understand whats going on with him. The 6 trades we did all went down and he shipped fast. But even good traders can go bad.
Its kinda funny because he wanted me to change my name so nobody would mistake me for him because my past isnt so good on here .
Seems like that happend just the other way around lol |
darkslime
 
| | #20 posted June 15, 2009 at 9:03pm (EST) |
dvdfreak2005 wrote:
> I really dont understand whats going on with him. The 6 trades we
> did all went down and he shipped fast. But even good traders can
> go bad.
> Its kinda funny because he wanted me to change my name so nobody
> would mistake me for him because my past isnt so good on here .
> Seems like that happend just the other way around lol
It seems like he's got a few BTR also, so I don't see his problem with it.
 |
dvdfreak2005
| | #21 posted June 15, 2009 at 9:13pm (EST) |
Yeah I know. The whole point of getting a BTR is learning your lesson for what you did wrong to deserve it.
I got baned for all my mistakes and had to proove myself to get back. I have done well and I have shown that ive learned from the past.
The guy seemed nice and we auctlly talked about wrestling for a couple hours. I just hope he doesnt start to do some of the bad crap I used to do. |
DuffMan
BTRs
| | #22 posted June 15, 2009 at 9:17pm (EST) |
What address/name did you ship to?
~S
My username used to be Shrike. |
Outinthedark
| #23 posted June 15, 2009 at 10:05pm (EST)
edited June 16, 2009 at 6:24am (EST) |
Since it is all over his BTR's I feel fine posting it here...
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DuffMan
BTRs
| #24 posted June 16, 2009 at 7:54pm (EST)
edited June 16, 2009 at 8:41pm (EST) |
His phone number looks to be . The name listed on that address is Jackie/Jacqueline Tolliver.
~S
My username used to be Shrike. |
Outinthedark
| | #25 posted June 16, 2009 at 8:16pm (EST) |
Old disconnected number...
Already asked for the current unlisted number from the phone company. After I file the warrant on Thursday I will file a subpoena for the unlisted number. |
shadow3408
| | #26 posted June 16, 2009 at 8:48pm (EST) |
Hey guys, I'm the other pending trader with DVDfreak and thanks a lot for all the advice you gave outinthedark. It really helped me to think about what I should do. I went ahead and filed the BTR already and hopefully something happens soon. Seems like he has a max of a month before you might hear from him. Does anyone know if there's like a deadline or anything for what he did, so I can do what outinthedark is doing by getting a warrant and all that. And so they won't say it's too late. Thanks |
Outinthedark
| | #27 posted June 16, 2009 at 8:56pm (EST) |
I might as well file my BTR then too...was waiting till Thursday.
I got some advice from my gf mother who is a deputy clerk in my local court. She suggested I also file with the Federal District court since mail fraud is a federal crime. She also suggested I send a physical letter see if I can get a response. Will call the Federal clerk tomorrow see what see has to offer for advice how I should proceed.
What a pain for just dvds...oh well BTR is going up... |
monkbonk
 
| | #28 posted June 16, 2009 at 9:06pm (EST) |
Go by your word, not the actions of others. If you said Thursday, then it should be Thursday.
TAPE FORUM-GAMES 4 FOREIGN FILMZs |
Outinthedark
| | #29 posted June 16, 2009 at 10:14pm (EST) |
Well I said I would file the BTR last Friday. Was only waiting for Shadow for the "joint file" of the BTR's. |
monkbonk
| | #30 posted June 16, 2009 at 10:19pm (EST) |
Ah, that's cool then.
My apologies.
TAPE FORUM- |
Outinthedark
| | #31 posted June 17, 2009 at 11:09pm (EST) |
Warrant is being sent tomorrow to his county attorney as well as the federal district court clerk.
I will be filing for wage garnishment as well. Any additional "fees" incurred will be paid by him including travel expenses if it comes to it.
Shadow I will email you the paper work you need to fill out and fax in. 2 warrants > 1.
 |
dvdfreak2005
| | #32 posted June 17, 2009 at 11:37pm (EST) |
I have to say I have not seen a trade go this far in my 7 years on this site. I am just glad im not the other dvdfreak lol |
Outinthedark
| | #33 posted June 17, 2009 at 11:49pm (EST) |
:D I am not gona be a pushover...I know how to use the legal system...why pay taxes for it if I don't use it when I need it eh?
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darkslime
| | #34 posted June 17, 2009 at 11:59pm (EST) |
good luck :)
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Outinthedark
| | #35 posted June 18, 2009 at 12:00am (EST) |
Thanks...! I just hope the pressure is all that is needed...I know if I got served I'd start to freak...
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dvdfreak2005
| | #36 posted June 18, 2009 at 12:04am (EST) |
You have a very good point about paying taxes. |
John
| | #37 posted June 18, 2009 at 10:44am (EST) |
Outinthedark wrote:
> I will be filing for wage garnishment as well.
This seems odd to me. Unless your state has very odd laws, you generally cannot file for garnishment until you have a standing money judgement against someone. You generally cannot get a money judgement against someone until you sue them. In a situation like this, I don't see how you could try to collect a debt via garnishment without first suing in small claims.
For items that were sent, it isn't automatically a money debt where you could try to collect without suing. At least, that would be the case in most states.
Also, from my experience, it is very, very difficult to garnish wages when you are in a different state than the garnishee. It can be done, but unless Kentucky is a great state for doing that, I think you'll have a very difficult time with it. But, again, first things first -- you would usually need a money judgement first before you can even attempt garnishment.
- John...
Be sure to check out the new WANTED FORUM! |
Outinthedark
| | #38 posted June 18, 2009 at 10:32pm (EST) |
John I plan on suing in small claims court no worries. I know I must obtain that judgment prior to wage garnishment. Figured it was obvious and not needed to be said.
It is actually more challenging to file in small claims over state lines because I would actually have to file in person, sworn statement and all along with filing fees etc etc. Garnishing the wages is simply ordering a lien which is very simple and can be done by anyone who has obtained the small court filing in their favor. I think my Commonwealth has multiple types of liens I could apply.
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John
| #39 posted June 19, 2009 at 9:15am (EST)
edited June 19, 2009 at 9:15am (EST) |
Outinthedark wrote:
> John I plan on suing in small claims court no worries. I know I must
> obtain that judgment prior to wage garnishment. Figured it was obvious
> and not needed to be said.
Well, I only mentioned it because it seemed like you were skipping a big step. I don't think it is obvious to lots of people how such things work.
> It is actually more challenging to file in small claims over state
> lines because I would actually have to file in person, sworn statement
> and all along with filing fees etc etc.
Have you ever done small claims before in a state other than your own? It is NOT a fun process. You do realize that, in general, you'll need to file for small claims in HIS local court, right? Are you going to make the 16+ hour round trip (possibly one to file and another for court)?
> Garnishing the wages is simply ordering a lien
Huh? I'm confused how garnishing is a lien? A lien is generally something that is held over property. Unless the state has laws different than most, you won't be able to get a lien for a money judgement like this (if it was for construction or something, sure -- but not for someone just owing you money unrelated to the property itself).
Edit: Nevermind. I see that Kentucky uses odd wording for liens and does call a wage garnishment a "continuous lien against wages". Which,in my opinion, is a weird way to use the word "lien." 
> which is very simple and can be done by anyone who
> has obtained the small court filing in their favor.
That being said, I agree that filing for a garnishment isn't too difficult -- provided that you know where they work and such. And you can often also garnish state tax returns -- where you're more likely to get a larger lump sum, but you only have one chance a year to do it.
> I think my Commonwealth
> has multiple types of liens I could apply.
Aren't you in Virginia? I don't see how your local stuff applies at all. He's in Kentucky -- so that garnishment would be filed there, not in your state, right?
- John...
Be sure to check out the new WANTED FORUM! |
monkbonk
| | #40 posted June 19, 2009 at 11:18am (EST) |
KEN'TUCKY TUCKY TUCKY
YEEEEEEEEEEEEEEEEEEEEEEEeeeeeeeeeeeeeeeeeeeeee
FERRET FORUM |
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