mightyquickz28

iTrader: (8)

His Name is Tony Garza out of Dallas. Goes by the LS1Tech ID of BAT. I'd seen his classified for a used Pro 5.0 shifter and contacted him. He gave me his girlfriends paypal account address and I sent $110 for the shifter and shipping. Since I haven't seen anything change on UPS nor has the shifter arrived, I checked for posts from him on LS1 Tech to see if anyone else had any issues with him. Only 3 posts of any kind that I could find.
The odd thing is that he gave me valid phone numbers for his work and his cell and he answers them. It's just that he was supposed to send it the same day I sent the paypal successfully (July 1st). He generated a 'electronic' UPS tracking number. The distinction with this is that it truly does emit a valid UPS number but it's like a 'vapor package' in that nothing has to be packed/picked up to go along with the tracking number. I've checked the UPS tracking site everyday, using the tracking number he provided. Status never changed. So I called him Tuesday, then Wednesday, then Thursday. Everyday, he(Tony) is exactly the same, like everything is fine. And he ALWAYS says the following on each day..."I shipped it yesterday or the day before". So... he's saying that when I called on Tuesday, He'd shipped it either Monday(yesterday) or Sunday(the day before yesterday). But when I called on Wednesday he said he'd shipped it either Tuesday(yesterday) or Monday(the day before yesterday). But when I called him Thursday it was all clear since he'd either shipped it Wednesday(Yesterday) or Tuesday(the day before yesterday).
Phock! A lawyer friend of mine said I should tell him if I don't get it Thursday, and I didn't, that I'd contact Paypal and reverse the transaction ($110). When I told Tony this, he acted like I'd just said, "what a nice day it is". He said, "wait till tomorrow morning. Maybe it'll be there then". Well, it's tomorrow and no status change, no shifter.
What a jackass...

mightyquickz28

iTrader: (8)

I just now looked for the 3 posts BAT had done and I saw he has it for sale again. After several emails I'd sent to him the went unanswered, he FINALLY responded with this....
===================================
Some how someone thought this was an incoming package for me and picked it up. So it never went out. I have already lost 10 dollars on the shippping. I do not scam people and paypal has already taken the money back. I do not apreciate you bashing me. I just want to sell the shifter. I have a good rep on ls1tech so I would like you to stop the bashing. Call you lawyer do what you want but I did not scam you at all.

Thanks,

Tony Garza

-----"David K. Wilson" <dave@gloproserv.com> wrote: -----


To: "Tony Garza" <Tony.Garza@meritenergy.com>
From: "David K. Wilson" <dave@gloproserv.com>
Date: 07/03/2004 12:45PM
Subject: ATTN : Tony Garza

Still no change on the UPS status, still no shifter.
Why would you scam someone?
Did someone scam you and you thought it would be fair to do it to someone
else?
David

==============================

mightyquickz28

iTrader: (8)

Tony just called me here at the office. (Amazing what a little visibility from this list will cause...) Anyway, he said for me to stop bashing him because he's just trying to sell the shifter. He said that Paypal had extracted the money from his account. If they have, it's not in my account yet. Once/if it is, I'll convey that to LS1Techs feedback section. Tony did have a good point, if he's selling it locally, NOT shipping it, how can he rip off anyone?

minty

Why Dont You Pick It Up Next Time Instead

mightyquickz28

iTrader: (8)

Drive 261 miles there to Dallas and then back for a $100 shifter? That makes sense.....

BTL FED

iTrader: (9)

Ya he was supposed to come pick up a tranny from me, we agreed on a place and a time to meet, I waited for 3 hours (it was my shop) be he never showed or called.

BAT

Hi, it's me - the so called "scammer" that tried to "screw you over"… I am going to try to remain calm with my reply despite my current animosity. I am completely schocked by the way you've handed all of this. I have sold MANY products on ebay and other online messaging boards, and actually parted out my entire car through these sites with no problems. EVERYONE I have worked with in the past has been pleased. I also frequently sell parts for my friends online as well. NEVER in ANY of my experiences have I delt with a buyer such as yourself. You have taken what at WORST could be considered a slow shipping speed, and you have turned it around to make yourself look like some poor victim that has been taken advantage of. Let me help you out - "scam" means "A fraudulent business scheme". Considering that you have not lost ANY money on this, it's quite impossible to be considered a scam. So at this point I am within my legal rights to contact a lawyer on behalf of character defamation. But since I'm not mental, you won't see me pursuing that. I sincerely hope that anyone you work with in the future doesn't run into any mishaps, because I'd hate to see other good quality sellers out there be labeled as a "scammer" such as you have done to myself. I am forwarding you the emails regarding the money being taken out of our paypal account right now - you are the one that retracted it so it's hard to believe you aren't aware of it. I actually had to go run downstairs and get that package back out of the UPS pickup after I found out the payment was retracted.

Tony

mightyquickz28

iTrader: (8)

Tony, like I said, the money went out as you requested. Your vagueness on whether it was sent or not, your ambivalence to my emails and my phone calls. Even when I presented you with the possibility of the Paypal dispute, you acted like, "I don't care". If you're a responsible seller, you don't blow off the buyer or his concerns like you have. I have things scheduled, so that people will be there to help me swap out my TH350 to go back to the M6. Now all that's wasted. Your testimony on how much you've sold wherever/whatever doesn't mean anything to your current customer who's money you hold and whoms purchase you've failed to deliver. Blaming some dolt in your office picking up *My* package might fly if it delayed it by one day but as recent as yesterday afternoon when I last talked to you, you STILL insisted it'd been shipped. From July 1st till the 8th you didn't know that it was on your desk? You must have a huge desk. Funny.. when you called me a little while ago, you didn't mention "I actually had to run downstairs to get the package back out of the UPS". When you talked to me , it was always on your desk. Hmmmm.....

mightyquickz28

iTrader: (8)

Paypal has just notified me via Email that the money was refunded to me. Thanks to everyone that responded.

stagen

I'll speak for Mr. Wilson and maybe help you understand "Defamation of Character" for which you think you have some type of legal recourse.

Defamation of character has 4 points:
1 -The comment must be a false statement (nothing false, everything he has stated is true and factual with a documented paper trail)
2 - The comment is understood to be intended against another person, business, or product (comments are stating factual actions and lack of communication)
3 - The comment is verbalized or written to at least one other person
4 - The comment is understood to damage another person’s reputation (please point us to the point in which it specifically makes a defamatory statement)

Mr. Wilson can prove that all he has stated is truthful with paperwork and e-mail correspondence. Since Mr. Wilson’s statements can be proven to be factual anything what he has stated is protected under the Constitution’s First Amendment.

It appears to me that you had made an arrangement with another member of this website for the purchase or exchange of parts. Since that person has also stated you failed to deliver on the agreement your reputation has or business ethics have already been proven somewhat unworthy under certain conditions. What you do on EBay and other sites has no bearing on your reputation on this site.

If I were you I’d let it go as it is. Your not out any money as you stated in your correspondence with Mr. Wilson. Since you state that the package was never picked up by UPS then your shipping fee is reclaimable. You still have your item to sell and Mr. Wilson has had his money returned.

slik98z

BAT, from what i read, he wasn't flaming you, he just wanted to know what was up. Considering his money was still tied up, if you were dealing with him, all you had to do is drop an email or a phone call to the people at Paypal, and get some more info for him. He sent you money for ap art you had, this was your obligation in my own opinion.

Don't take **** out of context or its gonna make it that much more difficult for you t sell parts if people see how you reacted to a very easily fixable situation.

Good luck with the sale of teh shifter. Just don't be blind to the fact taht as a seller you have an obligation to the buyer. when they are sending you money, at that time they are your best and only friend. they come first. Customers always come first.

just my opinion though
Travis

Brains

iTrader: (7)

I'll make one post on this thread, only because I know one of the parties involved -- VERY well.. He lived here at my house for a period of time, and I opened my doors to him without so much as a second thought of his integrity. If I could put every asset I own on the line to pick which person in this transaction is the most trustworthy, it'd be Dave (mightyquick).

That said, anyone else looking to do business with either of these individuals should take note -- Dave has *never* scammed anyone in the years I've known him. Heck, this guy bends over backwards to help people at the drop of a hat. The other side of the transaction is a fellow with 5 posts on the board, registered only two months ago, and his first sale is a disaster... You make the call..