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Old Apr 10, 2012 | 02:02 PM
  #201  
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Originally Posted by hornepirate
While the $500 portion is correct the contractual (oral/internet communication) agreement would fall under the statute of frauds because the total price $1,000 some odd dollars for the manifolds which would fall under partial performance (offeree consults offeror to agreed upon price, offeror agrees to pay offeree partial, offeree agrees to partial for full performance to receive rest of payment) and although there is consideration for the offeree the contract would be completed in less then a year and breach of contract they would/should have still been in writing to be 100% enforceable.

From I gather so far I wouldn't worry about it going to court if Sparks is indeed passing out refunds in a reasonable manner of time
I agree with you on the point to not worry about suing, since it does as if Sparks was trying to rectify the situation to the best he can. We should cut him at least a little slack for that.

But with recent trends in the R2K and also as more and more states adopt the UCC, internet communication totally qualifies as written documentation. Signed can mean electronically signed, to signify intent. (Student loans etc all that crap is electronic now). There are also more and more proponents of raising the $500 SOF requirement, since because of inflation $500 isn't anything anymore.

About your point as to partial performance. I think Spark would have to prove that he did make good faith attempts to start the project and made some substantial efforts towards that. (Just acquiring materials might not even qualify, mere preparation v actual performance, but he didn't even do that).

Also since specific performance is virtually never ordered, the court would just order Sparks to make the parties whole again. I think everybody has a decent shot at a coa in unjust enrichment.
Old Apr 10, 2012 | 02:23 PM
  #202  
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long way...
1 - sell the car (the maxima)
2 - take money to pay off all debts
3 - buy 500 dollar beater to get around
4 - look for job
5 - get job
6 - get back on your feet again

short way...
1 - offer to sell kidney
2 - find a buyer
3 - remove one kidney
4 - take money pay back debts
5 - take rest of money and stay afloat until you find employment
Old Apr 10, 2012 | 02:42 PM
  #203  
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Wow. I just read through a few pages. John is just in a tight spot and I feel bad that you did not come clean the first time. I truly believe that you are not a scam artist just in the wrong place in life. I am confident that everything will get resolved because I have been scammed before and this guy is not a scammer, I would know. Hopefully this will give you a huge life lesson on how to handle situations. Always easier to come clean and deal with the consequences. You definitely had something going and could have easily made some money the right way. Anyway this has been a huge lesson for me too and even more-so the people involved. Good luck cant-get-rite and NYC. Have to get back to studying.
Old Apr 10, 2012 | 02:59 PM
  #204  
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How i acted in the last few pages? Look how i acted in the beginning fielding questions, updating here, and chasing to get any kind of answer etc since november.
And then under another lie agreeing to take less than what i paid because now a month later a new revelation if light comes out?
You look at it from everyone elses shoes. I spent 13 months in afg stacking the money i used to make the big mods to my car. I sat in 130 degree weather to EARN everything i have. Buried 17 friends3 of my own Soldiers as well as sending a close friend home who has taken over a year to recover. Point being i EARNED it. My sweat and work ethic. Mine. Your single?I have children and a mortgage and a daughter going to college this summer. Yet you feel its defensible to say that my behavior after believing you to be truthful and posting HERE as to the status which was another LIE.
IM FINE WITH an outlined payment plan just as i told you when u had to raise the funds the first time. And nyc is as deserving of his money as was everyone else you lied to. Plain and simple.
Old Apr 10, 2012 | 03:03 PM
  #205  
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Originally Posted by Cant_Get_Ryte
How i acted in the last few pages? Look how i acted in the beginning fielding questions, updating here, and chasing to get any kind of answer etc since november.
And then under another lie agreeing to take less than what i paid because now a month later a new revelation if light comes out?
You look at it from everyone elses shoes. I spent 13 months in afg stacking the money i used to make the big mods to my car. I sat in 130 degree weather to EARN everything i have. Buried 17 friends3 of my own Soldiers as well as sending a close friend home who has taken over a year to recover. Point being i EARNED it. My sweat and work ethic. Mine. Your single?I have children and a mortgage and a daughter going to college this summer. Yet you feel its defensible to say that my behavior after believing you to be truthful and posting HERE as to the status which was another LIE.
IM FINE WITH an outlined payment plan just as i told you when u had to raise the funds the first time. And nyc is as deserving of his money as was everyone else you lied to. Plain and simple.
Old Apr 10, 2012 | 03:14 PM
  #206  
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Originally Posted by Cant_Get_Ryte
How i acted in the last few pages? Look how i acted in the beginning fielding questions, updating here, and chasing to get any kind of answer etc since november.
And then under another lie agreeing to take less than what i paid because now a month later a new revelation if light comes out?
You look at it from everyone elses shoes. I spent 13 months in afg stacking the money i used to make the big mods to my car. I sat in 130 degree weather to EARN everything i have. Buried 17 friends3 of my own Soldiers as well as sending a close friend home who has taken over a year to recover. Point being i EARNED it. My sweat and work ethic. Mine. Your single?I have children and a mortgage and a daughter going to college this summer. Yet you feel its defensible to say that my behavior after believing you to be truthful and posting HERE as to the status which was another LIE.
IM FINE WITH an outlined payment plan just as i told you when u had to raise the funds the first time. And nyc is as deserving of his money as was everyone else you lied to. Plain and simple.
Of course you earned your money and everybody here I am sure is thankful to you for your time in the Military, which you should know I understand quite well. The behavior I am talking about is the smearing/baiting and the lie about my discharge from the USN (which I will note was both honorable and after my enlistment contract was fulfilled).

I can make a payment plan as soon as I have income and/or someone decides to buy the last couple of mods on my car and AFTER NYCblood has received his money. The reason he's getting his first is, again, because he hasn't even gotten a partial refund yet.
Old Apr 10, 2012 | 03:14 PM
  #207  
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Originally Posted by Cant_Get_Ryte
How i acted in the last few pages? Look how i acted in the beginning fielding questions, updating here, and chasing to get any kind of answer etc since november.
And then under another lie agreeing to take less than what i paid because now a month later a new revelation if light comes out?
You look at it from everyone elses shoes. I spent 13 months in afg stacking the money i used to make the big mods to my car. I sat in 130 degree weather to EARN everything i have. Buried 17 friends3 of my own Soldiers as well as sending a close friend home who has taken over a year to recover. Point being i EARNED it. My sweat and work ethic. Mine. Your single?I have children and a mortgage and a daughter going to college this summer. Yet you feel its defensible to say that my behavior after believing you to be truthful and posting HERE as to the status which was another LIE.
IM FINE WITH an outlined payment plan just as i told you when u had to raise the funds the first time. And nyc is as deserving of his money as was everyone else you lied to. Plain and simple.
ima tell u...... since u moved to MD non of us seem to have gotten u as upset as this, i think sparks just made it worse with his comments because doug spoke about it but not like this lol.... i agree that paypal fees should be sellers responsibility... calm down doug

wanna race my slow DEK for wins???
Old Apr 10, 2012 | 03:17 PM
  #208  
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Originally Posted by sparks03max
Of course you earned your money and everybody here I am sure is thankful to you for your time in the Military, which you should know I understand quite well. The behavior I am talking about is the smearing/baiting and the lie about my discharge from the USN (which I will note was both honorable and after my enlistment contract was fulfilled).

I can make a payment plan as soon as I have income and/or someone decides to buy the last couple of mods on my car and AFTER NYCblood has received his money. The reason he's getting his first is, again, because he hasn't even gotten a partial refund yet.
what mods are these???...... if u got headers ill gladly pay doug that $150 n u to ship plus a lil extra when i get the item... pm me lol... #2ndchance
Old Apr 10, 2012 | 03:18 PM
  #209  
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Originally Posted by Grand_hustle17
.... i agree that paypal fees should be sellers responsibility...
The point is that I simply copy/pasted the transactions from my Paypal account.
Old Apr 10, 2012 | 03:18 PM
  #210  
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you can even have my stock lol
Old Apr 10, 2012 | 03:20 PM
  #211  
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Originally Posted by sparks03max
The point is that I simply copy/pasted the transactions from my Paypal account.
lets talk about the mods u have left... kingjames often come up this way... sure james is willing to do n old rival a favor
Old Apr 10, 2012 | 03:21 PM
  #212  
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Originally Posted by Grand_hustle17
what mods are these???...... if u got headers ill gladly pay doug that $150 n u to ship plus a lil extra when i get the item... pm me lol... #2ndchance
Originally Posted by sparks03max
Seriously though, I traded my cattman 3" for a cattman 2.5"+cash, and still have cattman headers (gen3) on my car. If someone in ~central FLA has stock parts to trade and wants some cattman headers or 2.5", I can come to your house and do the swap on the spot and let you send anything up to $420 straight to NYCblood without it touching my hands. I will let the headers go for $450+stock replacement and catback go for $300+stock replacement. Both a little over half of what they originally sold for, should be a fair enough deal.
I don't have the tools (sold them) or resources here to just take my headers off and send them out to someone, and I'm not selling them for $150 or paying doug before NYCblood gets a penny (I owe him that at least). If you are serious about buying them for a fair price that goes to the right person, then we can talk about it.

Last edited by sparks03max; Apr 10, 2012 at 03:26 PM.
Old Apr 10, 2012 | 03:23 PM
  #213  
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Originally Posted by sparks03max
I don't have the tools (sold them) or resources here to just take my headers off and send them out to someone, and I'm not selling them for $150 or paying doug before NYCblood gets a penny (I owe him that at least). If you are serious about buying them for a fair price that goes to the right person, then we can talk about it.
sure ill buy em....... how will u get em off???
Old Apr 10, 2012 | 03:25 PM
  #214  
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Originally Posted by Grand_hustle17
sure ill buy em....... how will u get em off???
I can probably ask around and find some tools/jack stands. Would need a pretty quick turnaround time on the stock manifolds coming back, though, which is why I would prefer to swap on the spot with a local member near Tampa.
Old Apr 10, 2012 | 03:27 PM
  #215  
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sure... ill take the headers... idk how will u get my stock replacement though... pm me about it... for the price ill send dude his $$$...
Old Apr 10, 2012 | 03:29 PM
  #216  
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obviously i missed the whole thread but......... when did u leave NC???
Old Apr 10, 2012 | 03:32 PM
  #217  
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OBX are looking prettier now lol... $333 shipped lol... u know thats not not really loyal to that specific part
Old Apr 10, 2012 | 03:33 PM
  #218  
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Originally Posted by Grand_hustle17
obviously i missed the whole thread but......... when did u leave NC???
I'll just send you the cliffs in a PM, done repeating it here.
Old Apr 10, 2012 | 04:31 PM
  #219  
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I finally read this thread. It seems Sparks dug himself a hole, and tried to avoid drowning in the rain by digging deeper. Scammer? IDK about that. Seems more like someone who couldn't make things right, and started lying about it. There but for the grace of God... right, Hustler?

Good luck to all involved. Sparks, too.
Old Apr 10, 2012 | 05:28 PM
  #220  
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Originally Posted by Rochester
I finally read this thread. It seems Sparks dug himself a hole, and tried to avoid drowning in the rain by digging deeper. Scammer? IDK about that. Seems more like someone who couldn't make things right, and started lying about it. There but for the grace of God... right, Hustler?

Good luck to all involved. Sparks, too.
My biggest concern right now aside from settling the debts is keeping Dominic's business from being in trouble because of this. I don't have the texts between myself and doug or NYCblood, but I tried to tell them on many occasions that I am the one responsible and them dragging Dominic through the dirt isn't going to get them anywhere. IMO it's just as despicable that they are attacking him as I have been with trying to cover my *** after all this failed.
Old Apr 10, 2012 | 05:43 PM
  #221  
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Originally Posted by sparks03max
Of course you earned your money and everybody here I am sure is thankful to you for your time in the Military, which you should know I understand quite well. The behavior I am talking about is the smearing/baiting and the lie about my discharge from the USN (which I will note was both honorable and after my enlistment contract was fulfilled).

I can make a payment plan as soon as I have income and/or someone decides to buy the last couple of mods on my car and AFTER NYCblood has received his money. The reason he's getting his first is, again, because he hasn't even gotten a partial refund yet.
Neither smearing, nor baiting, as no communications have been given all I have to go on are what have been told to me and what ive tracked down in this debaucle. You have not been communicative In The Least. So as it stands if the fly in the ointment is the view on your Serving this Country? I appreciate you doing so, and what is inferred is what i was told. To assuage any hurt feelings I will remove the statement as it is obviously not a testament to this situation. Regardless of Service; I can tell you that it is definitely not in line with the Core Values Of The Navy, and what im sure they attempted to impress upon you during your service. Honor, Courage, Commitment. Much like our Core Values Loyalty, Duty, Respect, Selfless Service, Honor, Integrity, Personal Courage. As stated I knew your background and military ties, I spoke with Aaron at NWP who personally vouched for you ***Aaron personally vouched for you, and said he would have no worries sending his own money.*** Taking these TWO THINGS into account I had no issue forwarding you money. As stated I have NO ISSUE WAITING UNTIL NYC IS paid; but again it is in no way fair to expect that we should both believe after all of this that you have positive intentions or our best interests. Communications have been Shaky to word it loosely.
If you were to list what mods are still left there may be an opportunity to make good.

Originally Posted by Grand_hustle17
ima tell u...... since u moved to MD non of us seem to have gotten u as upset as this, i think sparks just made it worse with his comments because doug spoke about it but not like this lol.... i agree that paypal fees should be sellers responsibility... calm down doug
wanna race my slow DEK for wins???
I'm good; i don't appreciate the situation in the least. you know im a calm person Denver. I'm helpful to a fault at times. Been Plenty of members that Ive dedicated my time to get them right; without charging. I enjoy the camaraderie and genuine interest in cars and modifying them. But this pissed me off to no end. youve seen in our forum how calm ive been on this the WHOLE TIME

Originally Posted by Rochester
I finally read this thread. It seems Sparks dug himself a hole, and tried to avoid drowning in the rain by digging deeper. Scammer? IDK about that. Seems more like someone who couldn't make things right, and started lying about it. There but for the grace of God... right, Hustler?
Rochester, Your right, sometimes people can bring the worst out of you, and ive attempted in this to be level headed and calm. These last couple days with the new revelation and apparent lies dating back to the beginning, it has truthfully just pissed me off
Good luck to all involved. Sparks, too.
In this situation everyone deserves to be set whole. The goal was not to do irreparable damage to his reputation, and im sure that was apparent in all posts prior to this mess. And sadly if he had refunded nyc it is now evident he would still have scammed me out of the remainder of funds under another lie. smh
Old Apr 10, 2012 | 05:44 PM
  #222  
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Originally Posted by Grand_hustle17
ima tell u...... since u moved to MD non of us seem to have gotten u as upset as this, i think sparks just made it worse with his comments because doug spoke about it but not like this lol.... i agree that paypal fees should be sellers responsibility... calm down doug

wanna race my slow DEK for wins???
Sellers have the right to decide whether they will absorb the fees or the buyer should absorb the fees as part of a sale.

If the seller decides that the buyer should absorb the fees, and the buyer doesn't like that, well, they aren't obligated to buy the product, after all.
Old Apr 10, 2012 | 05:46 PM
  #223  
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He has my cell information and has not used it. He has not texted or called, so the only form of communication is through this board apparently. This could have been handled honestly and truthfully some time ago, we are beyond that now, and it now speaks to his character if he follows up.

ive edited the post he feels was offensive; as the goal is merely to share the details and make everyone right.
Old Apr 10, 2012 | 05:47 PM
  #224  
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Originally Posted by Mr. Brett
Sellers have the right to decide whether they will absorb the fees or the buyer should absorb the fees as part of a sale.

If the seller decides that the buyer should absorb the fees, and the buyer doesn't like that, well, they aren't obligated to buy the product, after all.
what product?
Old Apr 10, 2012 | 05:51 PM
  #225  
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This is all I have left:

N2MB WOT box in perfect/working condition, stayed in my glove box. Can be found here. http://www.npcompleteperformance.com/wotbox Can use it for both flat foot shifting and setting an ignition rev limiter instead of fuel limiter that is stock (safer).

Cattman 2.5" catback

Cattman gen3 headers

Clutchmasters LW flywheel + stage 4 clutch

In the case of the last 3 items, I would of course need replacements. For the clutch/FW there's no way I can gather the tools to do that job so it's a bit of a wash.
Old Apr 10, 2012 | 06:02 PM
  #226  
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Originally Posted by Cant_Get_Ryte
what product?
I'm speaking in general terms when it comes to buying and selling on PayPal.

PayPal's rates are 3%, if I remember correctly, no? So if you buy something for, say, $100 from someone, PayPal charges three dollars to the recipient of the money.

It's up to the seller whether they'll absorb that $3.00, and make $97 on their product, or pass that fee onto the buyer and make them pay $103 so that they get their actual asking price.

I was just saying that if the buyer isn't happy with that extra $3 in PayPal surcharges being tacked on to the sale, they aren't obligated to buy the product in question.
Old Apr 10, 2012 | 06:10 PM
  #227  
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John stop following me! I live in orlando now, not too far from you if youre in tampa. I'll spread the word to some of the locals here about your remaining mods and hopefully get em sold for you if need be.
Old Apr 10, 2012 | 06:12 PM
  #228  
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Originally Posted by MaximaSpd85
John stop following me! I live in orlando now, not too far from you if youre in tampa. I'll spread the word to some of the locals here about your remaining mods and hopefully get em sold for you if need be.
That would be a huge help man. Good to know what's up with you, haven't talked to you in ages.
Old Apr 10, 2012 | 07:04 PM
  #229  
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Originally Posted by Mr. Brett
I'm speaking in general terms when it comes to buying and selling on PayPal.

PayPal's rates are 3%, if I remember correctly, no? So if you buy something for, say, $100 from someone, PayPal charges three dollars to the recipient of the money.

It's up to the seller whether they'll absorb that $3.00, and make $97 on their product, or pass that fee onto the buyer and make them pay $103 so that they get their actual asking price.

I was just saying that if the buyer isn't happy with that extra $3 in PayPal surcharges being tacked on to the sale, they aren't obligated to buy the product in question.
Understandable, if this is outlined upfront. With this I paid the full amount that he requested for a product to be made and SHIPPED that materials were never purchased for. There is nothing outside of me sending money, so how is this applicable?

Originally Posted by sparks03max
My biggest concern right now aside from settling the debts is keeping Dominic's business from being in trouble because of this. I don't have the texts between myself and doug or NYCblood, but I tried to tell them on many occasions that I am the one responsible and them dragging Dominic through the dirt isn't going to get them anywhere. IMO it's just as despicable that they are attacking him as I have been with trying to cover my *** after all this failed.
John,
I have every text, every pm, every update you sent me. You did tell me that YOU are responsible for returning my funds; but you also told me that you took the money and gave it to dominic for purchasing materials, that he was the reason for the delay, and that it was about to move forward.
I understand that that is untruthful, possibly, now but what recourse do we have man? honestly, i dont see how in your eyes we shouldnt be looking out for our best interests.
Old Apr 10, 2012 | 07:16 PM
  #230  
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Originally Posted by Cant_Get_Ryte
I understand that that is untruthful, possibly, now but what recourse do we have man? honestly, i dont see how in your eyes we shouldnt be looking out for our best interests.
The best recourse is to leave the innocent guy alone by dropping the complaints against him and settle it with me. Do your best interests really include ruining his business over $150 that he doesn't even have anything to do with?
Old Apr 10, 2012 | 08:22 PM
  #231  
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Text sent
Old Apr 10, 2012 | 09:54 PM
  #232  
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Originally Posted by Cant_Get_Ryte
Understandable, if this is outlined upfront. With this I paid the full amount that he requested for a product to be made and SHIPPED that materials were never purchased for. There is nothing outside of me sending money, so how is this applicable?
Understood. My comment was more of a response to Denver's comment:

Originally Posted by Grand_hustle17
i agree that paypal fees should be sellers responsibility...
I wasn't targeting what you said. Just stating that sellers have the right to decide whether they want to swallow the cost, or pass it on to the buyer.

At any rate, carry onnnn...
Old Apr 11, 2012 | 04:01 AM
  #233  
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Originally Posted by Mr. Brett
Understood. My comment was more of a response to Denver's comment:



I wasn't targeting what you said. Just stating that sellers have the right to decide whether they want to swallow the cost, or pass it on to the buyer.

At any rate, carry onnnn...
N my comment was specific to this thread without calin names lol
Old Apr 11, 2012 | 09:31 AM
  #234  
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what in high hell is going on in this thread ... Lol

This is why we can't have nice things

Cliffs lol ?
Old Apr 12, 2012 | 05:13 AM
  #235  
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I am mad that those filing complaints against me when they never even contacted me through email or phone calls. Seems that everyone out there has had my contact info so why are people trying to get me through some youtube account? I am nicely asking at this point that these complaints be removed from my name and business. Otherwise it is slander, libel and defamation. Everything on this forum and the actual complaints which I am recieving copies of is all the evidence I need. No one out there has any contracts or paper trails showing that I was involved or received any money. People need to do the right thing as I have had nothing to do with this before it goes to court and costs people more money. Still trying to in touch with NYCblood, left him 2 voicemails. I want to be nice and civil about this because I do understand why everyone else is mad. Slander against my business is a lot worse than someone's $150 or $420 or whatever it may be.

Thanks
Dominic May
Old Apr 12, 2012 | 06:38 AM
  #236  
NYCBL00D's Avatar
Banned
 
Joined: Nov 2011
Posts: 48
Originally Posted by mitch134
I am mad that those filing complaints against me when they never even contacted me through email or phone calls. Seems that everyone out there has had my contact info so why are people trying to get me through some youtube account? I am nicely asking at this point that these complaints be removed from my name and business. Otherwise it is slander, libel and defamation. Everything on this forum and the actual complaints which I am recieving copies of is all the evidence I need. No one out there has any contracts or paper trails showing that I was involved or received any money. People need to do the right thing as I have had nothing to do with this before it goes to court and costs people more money. Still trying to in touch with NYCblood, left him 2 voicemails. I want to be nice and civil about this because I do understand why everyone else is mad. Slander against my business is a lot worse than someone's $150 or $420 or whatever it may be.

Thanks
Dominic May
Dom,

Ask any racer, any real racer, I never narc'd on nobody! I never narc'd on nobody!

I will call you back. I have been extremely busy. I just want to let you know that I live my life a quarter mile at a time. Nothing else matters: not the mortgage, not the store, not my team and all their bull****. Most likely after our phone conversation I will remove all complaints against your business.
Old Apr 12, 2012 | 07:50 AM
  #237  
phenryiv1's Avatar
Mod her. Ate her.
iTrader: (19)
 
Joined: May 2002
Posts: 9,824
From: Martinsburg, WV
Originally Posted by Mr. Brett
Originally Posted by Grand_hustle17
i agree that paypal fees should be sellers responsibility...
Just stating that sellers have the right to decide whether they want to swallow the cost, or pass it on to the buyer.
Actually, they don't have the right to decide that. The PayPal user agreement states that you cannot surcharge purchasers a fee for using paypal. What you can do (legally) is offer a discount for non-PayPal transactions (cash, check, etc.).

All credit-card based businesses have to follow the same rules. It is in the agreement when you sign up to be aboe to accept payments processed by payPal or on the behalf of any credit card company.

Back to other programming.
Old Apr 12, 2012 | 08:55 AM
  #238  
taz394's Avatar
Senior Member
iTrader: (2)
 
Joined: Jan 2010
Posts: 638
From: Houston,TX
Originally Posted by NYCBL00D
Dom,

Ask any racer, any real racer, I never narc'd on nobody! I never narc'd on nobody!

I will call you back. I have been extremely busy. I just want to let you know that I live my life a quarter mile at a time. Nothing else matters: not the mortgage, not the store, not my team and all their bull****. Most likely after our phone conversation I will remove all complaints against your business.

I DON"T HAVE TIME TO ANSWER YOUR CALLS OR CALL YOU BACK BECAUSE IM EXTREMELY BUSY... BUT I"LL JUST GET ON MAXIMA.ORG AND POST BS FROM FAST AND FURIOUS


just spicing things up a bit
Old Apr 12, 2012 | 09:03 AM
  #239  
Rochester's Avatar
Senior Member
iTrader: (3)
 
Joined: Feb 2009
Posts: 5,296
From: Rochester, NY
Originally Posted by taz394
I DON"T HAVE TIME TO ANSWER YOUR CALLS OR CALL YOU BACK BECAUSE IM EXTREMELY BUSY... BUT I"LL JUST GET ON MAXIMA.ORG AND POST BS FROM FAST AND FURIOUS
Good catch.

Old Apr 12, 2012 | 04:18 PM
  #240  
mitch134's Avatar
Newbie - Just Registered
 
Joined: Apr 2012
Posts: 14
NycBlood, Ok fine. No problem. I will tell you what ever you want to know so you fully understand the truth. I understand you are busy, not a problem. Look forward to your call.

Thanks
Dominic



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