Are there any Lawyers here or anyone familiar with Law???

What do you guys think of this. Does this person have any grounds that she is claiming?

I warn anyone here, if this person (pyg18) messages you , just avoid her! Calling her psycho is really really an understatement, trust me on this one!! I can be a pretty blunt outspoken person, but this chick takes the cake man....and out of the blue too. I have no idea where she gets off saying half the stuff she does.

She says that she is a lawyer and thinks that I should be afraid of her because of it.

I basically told her a couple of times, if she wanted to sue me for doing something wrong to go ahead because im probably worth a few hundred bucks

anyways, sorry for the long read, but i found it interesting....

Anyone has any advice for me, id appreciate it.

Ok so here goes, hopefully some of you have some good feedback to all of this.

This is regarding the Sideshow Scarface 1:1 bust that I had up for sale on Ebay. Here is the auction: https://cgi.ebay.com/ws/eBayISAPI.d...MESO:IT&viewitem=&item=200103275379&rd=1&rd=1

Long story short, yesterday the member who bought my auction pyg18 messages me and asks me if i would accept a $100 down payment until I have the bust in hand. I told her sure no problem, and edited my auction listing to represent that. She then tells me that she is in the process of cancelling her previous transaction on a scarface bust since she now wanted to buy my bust instead because I seemed like I had good communication. Come to find out, that previous transaction was with Dannie and his auction for his Scarface Bust which I had no idea it was his auction at the time.

Anyways, she ends up buying my auction and this is how the convo went.

PYG18:
[FONT=Arial, Verdana]Hello Chad:
The easiest way for me to pay you the $100.00 would be for you to give me your PayPal address; I can then send the funds without any problems.
I do need to ask you something that I am concerned about. As you know from our E-mails last night, I have had a fellow seller who did not return E-mails or calls. I told you I wanted to resolve it and work with a seller that is dependable.
I am in the process of resolving it and he has mentioned you to me and that he knows you. I would like to ask if you both have discussed my efforts to buy this Scarface bust. I just want to buy an auction & I wanted to start fresh, hoping to have a new transaction.
Please let me know.
Sincerely,
*************, Esq[/FONT]

ME:
[FONT=Arial, Verdana]Hi Pamela. After reading your message I was confused as to who the seller was so I decided to look at the sales history and come to find out, i do know that person from a collectibles forum. I had no idea that was his auction, and I have not discussed anything with him what so ever.

I do however feel pretty bad right now since I dont want him to think that I coerced you to buy my auction over his, since he is one of my friends at the collectible forum.

I did send him a message on the forum that Im aware of the situation...this is kind of awkward. I want to sell this bust, but at the same time I dont because I feel like im stabbing my friend in the back. BUT since my auction is already down i'd have to pay more money to list it again...im torn on what to do.

(* note I still sent her the paypal invoice for $100 at the time I sent this message)

PYG18:
[/FONT][FONT=Arial, Verdana]Hello Chad: Danny & I have cancelled our transaction. It was amicable & over.
He just happened to mentioned your name & I did not know if you both worked together or discussed this. That is why I asked you about it.
You are not taking a customer away from him, our transaction is over. Ebay forms were finished.
So, you seem to feel uncomfortable selling this to me now. Wow! What I have been through just to try to buy this Sideshow Scarface Bust is incredible. He spoke highly of you & we resolved everything amicably. If you guys are very close & you feel you would be violating loyalty by selling me the statue, I have never encountered this before. This type of thing doesn't happen on Ebay ever.
So, please let me know what you want to do. I am just a buyer who wants to purchase a Sideshow Scarface auction. I feel awkward that you don't want to sell to me because you know him?????
Let me know what you want to do tonight.

PYG18:
[/FONT][FONT=Arial, Verdana]I think this is so sad and so wrong for this to happen on Ebay to me. I bought an auction and did nothing wrong. I tried to fix the problems which I did, and now you don't want to sell it to me and feel awkward.
I should not be wronged like this, I don't deserve it, no buyer on Ebay deserves it, and I have done nothing wrong to anybody.
I think we need to talk on the phone. My # is **********; you can call me anytime 24/7.
If you do not feel comfortable now, Danny's actions have done a great deal of wrong to me. I am being put through a nightmare it seems.
Sincerely,
*************

PYG18:
[/FONT][FONT=Arial, Verdana]Chad:
You have not returned my E-mail. If you don't feel comfortable selling to me, we can cancel our auction as well.
If you have loyalty to a person who did not return their buyer's phone calls and E-mails for days on an expensive pre-order, I don't have to buy it from you.
Danny has created some serious legal problems for himself and I have prepared documents to commence legal proceedings.
He will need to retain a law firm because of this.
What has happened violates the Ebay contract, the Uniform Commercial Code which governs fair and equitable business practice, and it is in violation of Sideshow collectibles.
They do not want their statues/busts used in this manner; they want them to go to the collectors.
Go ahead and break the legally binding contract we have and forward me the name of the attorney that will be representing you.
Sincerely,
****************

PYG18:
[/FONT][FONT=Arial, Verdana]Chad:
Since you have such great loyalty to Danny, I hope your loyalty will also pay his legal bills.

What lawyer will be representing you?

Sincerely,
********************

PYG18:
[/FONT][FONT=Arial, Verdana]Chad:I am speaking with an associate attorney regarding this matter. We draft motions & lawsuits late at night together. We have agreed that your loyalty to Danny in your chat room is very important. We can cancel the sale & I will even pay your $1.50 to relist it. Don't worry about me financially. I will get it back from you in a court of law. Also, in regard to negative feedback, I don't leave negative feedback for people unless they do it to me. I have over 1110 transactions so if you left me negative feedback, I would go down very little. But since you have a little over 100 transactions, you can expect a new feedback score of 97%. But, I do not choose to leave anyone negatives unless they harm me first. Forget about the statue & be loyal to Danny, your lifetime partner forever.
Take care of yourself & remember to retain an attorney.
Sincerely,
****************

ME:
[/FONT][FONT=Arial, Verdana]Hello Pam, im pretty shocked after reading the onslaught of messages you have sent me. I was offline at the time.

If you had bothered to check your email, I indeed sent you the invoice for $100 at the time I sent you the first message.

I said I felt bad, however never did I state that I wanted to back out of the transaction. I dont appreciate you threatening me with legal actions as I did nothing wrong. If you want to press charges against me go ahead...I did not take any money from you so what actions will you file upon?

I was to get this done with, you canceled your auction with Danny, I did not know that up until this point. That is why I was concerned and I did not want Danny to think that I snuck under him to tell you to buy my auction.

The ball is in your court Pam. All i do is sell on Ebay, I dont have the time to deal with people making threats to me. I have never once made any negative or threatening actions towards you, but you have done so in 5 messages to me already.

I am not going to close this auction, you were the one who bought my item, so i think it is in YOUR best interest to go through and complete this transaction.

Im not a rude person so I am refraining from making matters worse.

Again, check your email, if you had done that maybe you would have not sent me 5 threatening messages just now. And I will have the Scarface Bust in 2 weeks or so. Then you can pay me the rest of the balance.

Good day, I hope youre happy.

-chad rockstartoys

[/FONT]

Keep in mind, she sent me those 5 messages one after the other at about 3am or so. I was offline at the time, then when I logged back in I found those waiting for me.

After my last response I decided to call her up like she requested to find out where all this was comming from.

She answers the phone and WOW she went off like I killed her kid or something. She told me to go F* myself with a HIV positive c*ck, etc... She would not let me get a word in.....granted I was being really really polite during her whole screaming session. Whenever I would speak she would keep pressing the phone keys and say "no one can hear youuuuu". She acted like a little child, and cussed me out, and threatened to call Sideshow up and tell them that I was using their pictures in my auction.

She also said that "Sideshow does not want this to happen, they want their products to go to real collectors, not people who will resell them on Ebay". And she told me she would call them and that I would not be receiving my Scarface bust after she spoke with them.

She solicits herself as a lawyer, and so I was thinking that she was a lawyer working for Sideshow, but once she started cussing me out and acting like a child, I knew that couldnt be the case. I swear it was really really bad...Ive never been cussed out like that over the phone for no reason before.

I basically just managed to tell her that I did nothing wrong and I was not going to back out of my auction. She kept threatening me with giving me a negative feedback if I would give her one, and I told her that I dont care if she gave me a negative because she is the one who bought my auction and if she doesnt go through with paying me for it, then I'd file a non-paying bidder claim with ebay and any negative she left would be voided. After hanging up on her she sends me this email.

PYG18:
[FONT=Arial, Verdana]ReRead you own E-mail about your loyalty to Danny.
Playing games with money on Ebay Auctions, you don't know the law on or off Ebay. You are torn:

"this is kind of awkward. I want to sell this bust, but at the same time I dont because I feel like im stabbing my friend in the back. BUT since my auction is already down i'd have to pay more money to list it again...im torn on what to do."

You don't have to be torn what to do. You said you want to cancel the transaction & I agree.

Did you get permission from Sideshow Collectibles to use their photos?

Sideshow will not send out Pre-orders to people who list an auction like you. They are for real statue collectors that can afford them.

Anyone who pays you for the status will never receive it with you immature games.

How old are you, you said you are a kid in school?
I need to speak to your parents since you are a minor!

1 negative with 100 transactions= 97% approximately


ME:
[/FONT][FONT=Arial, Verdana]Dont threaten me with useless ebay Negatives. If you want to file a negative against me go ahead!

You forget that YOU are the buyer, and YOU bought my auction. I WILL get my Scarface Bust in 2 weeks I can assure you that. If you're going to file a lawsuit against me for using Sideshow's pictures, then you might as well file lawsuits with 80% of Ebay while you're at it.

You seem to not know that Ebay DOES allow preorders for items as long as they are going to be available with in 30 days of the auction end. Which my Scarface Bust WILL be. I will have it in 2 weeks, 3 weeks at the most, So I am protected by Ebay.

If you do not pay me for my auction, I will file a non-paying bidder claim with Ebay, and they will Nullify any negative feedbacks that you give me. So go ahead , youre threats are empty.

You don't know anything about me, I am glad that you assume I am a minor. You are in for a rude awakening, so please continue to threaten me, and I hope that you are happy with your Scarface Bust in about 2 weeks . Cheers Pam!!!

PYG18:
[/FONT][FONT=Arial, Verdana]I need to talk to your Mommy or Daddy since you said you are a kid in school.
You don't know how Ebay works, how the law work, feedback, selling, etc.
I have an E-mail discussing your loyalty to Danny and wanting to cancel the transaction-in your writing. You are torn because you want to relist it but you don't have the Ebay listing fee.

You call a 39 year old buyer at 3AM in the morning? You are unprofessional & you have used the phone number improperly. Read the Ebay Contract, you keep breaching it buddy.

ME:
[/FONT][FONT=Arial, Verdana]I have your email asking me to call you. You did not state what time, you said to call you 24/7, so YOU read the contract.

You have no idea what my age is, so your assumption on that is ridiculous.

I never once stated that I wanted to back out of our transaction, i clearly stated that I was unsure of what was going on.

In my opinion, the grounds you are standing on are pretty fragile and you are grasping at a thin thin rope.

Don't worry pamela, the auction is still valid. You will get your Scarface bust, and you will pay me the full amount. that is how this is going to go down, or you will be the one reported to ebay. so sorry.
[/FONT]

PYG18:
[FONT=Arial, Verdana]People sell all kinds of things on Ebay and use photos illegally. The reason they do is because no one calls the company who possesses the legal rights to the photos and brings their attention.
If it is brought to their attention, Ebay's Corporate Headquaters immediately had you remove the auction, warns you to not do it again, or makes you an unregistered user.

I know this because I know several sellers that have experienced this & then became unregistered users.
This is the real world, not school, grow-up kid!

PYG18:
[/FONT][FONT=Arial, Verdana]After the statements and loyalty to Danny in the E-mail you sent me and put in writing, Ebay would never uphold this auction.
Let me send it to you again because I think you forgot.

ME:
[/FONT][FONT=Arial, Verdana]Again, never once did I state that I was canceling the auction. I know what I said...I said that I felt awkward about it, undercutting a friend. But never once did I say that I did not want to sell you the item.

and in fact I had already sent you an invoice at the time of that message. So go ahead, i have the paypal invoice receipt which is registered as an Ebay auction. so it is recorded. [/FONT]

My thoughts, just on reading the emails and previous experiences on eBay..

She is the one in the wrong and you should be covered. I dunno WHAT possessed her though as those messages are really outta left field. Good luck with whatever happens though man. I think we can add this to the list of eBay users not to deal with.

LOL Wtf, just got this message from her now! She claims im sending her harrassing things, I called her twice once to ask her what was going on and then again because she hung up on me, and i wanted to tell her that Im not cancelling the auction because of her threats.


PYG18:
[FONT=Arial, Verdana]You have not even paid for the statue that you are selling on Ebay. All you have is a reservation at this time. To accompany it, you have used Sideshow's photo without permission & someone is going to show them what is happening to their photos & statues.
You would never send me a statue for money after playing games like that.
I have been on Ebay for years. They will not listen to you verbally or in writing go on and on. The bottom line is the important utterances you made.
You seem very desperate. I have received harrassing phone calls from you, harrassing IM's on AOL, and harassing E-mail with a pic of Midol.
It is good that I found out you are an unstable kid who is selling without maturity.
Thank you for all of the additional evidence; I appreciate it immensely.
You sound very young, 16, 17???????? [/FONT]

nash said:

LOL Wtf, just got this message from her now! She claims im sending her harrassing things, I called her twice once to ask her what was going on and then again because she hung up on me, and i wanted to tell her that Im not cancelling the auction because of her threats.


PYG18:
[FONT=Arial, Verdana]You have not even paid for the statue that you are selling on Ebay. All you have is a reservation at this time. To accompany it, you have used Sideshow's photo without permission & someone is going to show them what is happening to their photos & statues.
You would never send me a statue for money after playing games like that.
I have been on Ebay for years. They will not listen to you verbally or in writing go on and on. The bottom line is the important utterances you made.
You seem very desperate. I have received harrassing phone calls from you, harrassing IM's on AOL, and harassing E-mail with a pic of Midol.
It is good that I found out you are an unstable kid who is selling without maturity.
Thank you for all of the additional evidence; I appreciate it immensely.
You sound very young, 16, 17???????? [/FONT]

Click to expand...

Just to be sure... you didn't actually send her an email with a picture of midol right?

Memnoch21 said:

Just to be sure... you didn't actually send her an email with a picture of midol right?

Click to expand...

no i did not contact her at all aside from phone calls which she requested. She is seriously crazy man...

Is there any bounds for harassment on her part? I feel like filing a claim with ebay that she is threatening me and harrassing me, but I dont know how. Any suggestions?

My advice is to document all forms of communication, all messages, emails, etc. incase she DOES try and pull something. I wouldn't worry too much about the pictures you are using as Sideshow is most likely aware that their images are being used on eBay and if they really wanted could probably have it halted.

But man, I dunno what wires were crossed but it started out civil and then BOOM. Total change in the middle of a message AND she is trying to make herself look the victim. If anything I would take the time to research her and see if she IS a lawyer as that is definatly not a stable person. Also the line that made me laugh the most was this:

I am speaking with an associate attorney regarding this matter. We draft motions & lawsuits late at night together

If she is a lawyer why does she need an associate attorney to help her draft motions? Also I would wager that you may get something on slander/defimation with her remarks:

Forget about the statue & be loyal to Danny, your lifetime partner forever.

nash said:

Is there any bounds for harassment on her part? I feel like filing a claim with ebay that she is threatening me and harrassing me, but I dont know how. Any suggestions?

Click to expand...

If you feel she is harrassing you then definatly file a claim. I think the messages and their tone alone would cause some to see clear harrassment (I do.)

Oy! Nash.. did you check her feedback? Set it to 200 and look 6 up from the bottom. Apparently she's gone off on someone before and retaliated just as stated within your messages as she would calling him a con artist and the like and threatened him with lawsuits.

Memnoch21 said:

My advice is to document all forms of communication, all messages, emails, etc. incase she DOES try and pull something. I wouldn't worry too much about the pictures you are using as Sideshow is most likely aware that their images are being used on eBay and if they really wanted could probably have it halted.

But man, I dunno what wires were crossed but it started out civil and then BOOM. Total change in the middle of a message AND she is trying to make herself look the victim. If anything I would take the time to research her and see if she IS a lawyer as that is definatly not a stable person. Also the line that made me laugh the most was this:

I am speaking with an associate attorney regarding this matter. We draft motions & lawsuits late at night together

If she is a lawyer why does she need an associate attorney to help her draft motions? Also I would wager that you may get something on slander/defimation with her remarks:

Forget about the statue & be loyal to Danny, your lifetime partner forever.

Click to expand...

I googled the lawfirm she says she works for "Irwin Garber & Associates", and found nothing. she is supposedly in NV.

The only thing I can think of is that when I told her I felt bad about Danny's auction etc, she flipped out and she thought Danny and I were playing games with her, when in fact I had no idea at all that Danny even had a Scarface bust for sale!

I just spoke with Danny on the phone briefly and he said she went psycho on him too for no reason. Imo this was premeditated and she was just looking for a fight. But why us???

How do I file any claims regarding harrassment or slander with ebay?

Seriously Memnoch if you could hear the things she said to me over the phone, your jaw would probably hit the floor. I told her "so is this really how educated lawyers speak to people?". And she said yes when they want something.

Memnoch21 said:

Oy! Nash.. did you check her feedback? Set it to 200 and look 6 up from the bottom. Apparently she's gone off on someone before and retaliated just as stated within your messages as she would calling him a con artist and the like and threatened him with lawsuits.

Click to expand...

I checked and just saw it. seems that guy didnt care if he got a negative or not.

She really seems to use the whole leaving negative feedback as leverage to her bullying people around. Im at the point where I could care less about one stupid negative, I have about 130 positives to go with it.

Should I just roll over and back out of the deal and file a mutual agreement to disregard the auction?

I know my fair share of lawyers and am looking at law school after I get my BA and I can almost assure you that no lawyer I have ever met plays themself for the victim, then threatens anything when they are the ones entering the contract and can enforce nothing. On eBay the seller has all the enforcement rights as the buyer is accepting the contract.

She's still going, just got this message.... again, I DID NOT threaten her AT ALL! She is crazy!


PYG18:
[FONT=Arial, Verdana]I am in possession of all the harrassment.
I have on retainer a private investigation firm, Mikani & Associates Law Offices. We use them, as all law firms do to locate people for serving them with law suits, locating where an E-mail has eminated from- it is called Cyberlaw, phone records, etc.
When we need to collect a judgment against someone they locate all of the information so we can place a levy on any bank account, lien on a car, lien on personal property like a computer, chair, or bed, garnish their wages at a job, have a tillkeeper take money from a business such as Ebay as it is paid, etc.
I have furnished them with your information. All of this work is legal and licensed.
Sideshow doesn't make a statue unless they obtain a license granting them permission. Did you obtain written authorization from them? Are you a statue collector that Sideshow's legal department wants to send one out to?[/FONT]

nash said:

I checked and just saw it. seems that guy didnt care if he got a negative or not.

She really seems to use the whole leaving negative feedback as leverage to her bullying people around. Im at the point where I could care less about one stupid negative, I have about 130 positives to go with it.

Should I just roll over and back out of the deal and file a mutual agreement to disregard the auction?

Click to expand...

I say stick with it. I looked at your auction and it even states that you must have SOME form of payment within 7 days. If you do not get any form of payment then file the NPB form. You stated that you were willing to still sell after her deal with Danny was ended and so she entered into another contract.

Let her try, then counter sue her.

Bring the scarface bust in with you and tell her "say hello to my little friend"

This person is no lawyer. Her sentence structure gives her away. She tosses a few legal terms around in an effort to scare people.

You're good, dude. If she wants to sue, then she'll sue. But her costs would far outweigh anything she'd get. Especially if you're in different states.

Wow, what the hell happened to this lady?!?

I feel as though she wants to back out for other reasons other than you...maybe financial and she is trying to do it by scaring you. I just am so surprised that there are people like this out there. She does indeed seem unstable and believe me when I tell you that no lawyer would ever talk to you like that. A lawyer would be civil and then bam serve you with papers.

I don't know what you should do. I am almost sure that if you go through with this transaction it will end poorly. Yet I don't think that you should give in to people like this. Maybe at the end of the 7 days you should just file a non-paying buyers claim. This kind of stuff really makes me think about the people I am buying from and selling to on ebay...just wow.

Thanks guys for your thoughts on this matter. I know it was a lot to read!

anyways, more updates, ive checked my email and she sent me some outside of ebays messaging service.

THis one was in response to the paypal invoice that i sent her....I have just reported this whole email to Ebay under harassment emails claim.




#1:
Chad:

This form is no longer needed since you are canceling the transaction for your loyalty to your beloved lifetime partner, Danny.

You and your lover, Danny will be taking a class in the Ebay contract, Civil & Criminal Law, as well as the Uniform Commercial Code.

You guys just don't know basic things about selling legally and you need to learn them, like not returning a buyer's E-mails or calls, not violating the integrity of the statues that Sideshow Collectibles makes like $200.00 each.

Perhaps a manager at Sideshow Collectibles should be shown your auctions on Ebay, how you used their pictures in your auctions without their permission which is illegal.

Also, they will be sending the statues out to you for sale on Ebay, not to collectors who collect; but to make $200.00/each on Ebay. I know how dearly they want their statues to go to their collectors.

What would you do with your auctions if they found out and did not send the busts to you at all, cancelling your reservations.

Hey, my loyal friend is considering buying your auctions, so you can be sure to have the wonderful experience that you have given me.

Rock Dude- if you are into negative feedback, you should realize that you only have a little over 100% sales & your new feedback will be about 97%, only if you leave me feedback.

Let your loyalty to Danny flow through the fruit of your loins tonight, hold him close & tight; sales & money is not something you need to make. You have plenty of money for your legal fees. Danny said that he didn't have money to hire an attorney, but I know that you do. You are so loyal to your beloved Danny, you will pay for everything and take care of all his needs.

Sincerely,
**********, Esq (PYG18)





#2 This one Titled "Scarface's Mistake"

" do however feel pretty bad right now since I dont want him to think that I coerced you to buy my auction over his, since he is one of my friends at the collectible forum.

I did send him a message on the forum that Im aware of the situation...this is kind of awkward. I want to sell this bust, but at the same time I dont because I feel like im stabbing my friend in the back. BUT since my auction is already down i'd have to pay more money to list it again...im torn on what to do."

This above quote was written by a seller who is not reliable, unstable, and Ebay is going to see in the executive offices of Ebay International in San Jose, CA.

Ebay considers this a breached contract of law and a breach of an auction.

It is the quote of a seller who you could not pay and get a statue at all or a statue in one piece.

How's the weather in HI, very important to keep all information current and updated in your registration with Ebay!





#3 This one titled Rockstardude's Platinum CD

Hello Chad:

I love the lyrics to your Platinum CD, Chad Sings:

" i do know that person from a collectibles forum. I had no idea that was his auction, and I have not discussed anything with him what so ever.

I do however feel pretty bad right now since I dont want him to think that I coerced you to buy my auction over his, since he is one of my friends at the collectible forum.

I did send him a message on the forum that Im aware of the situation...this is kind of awkward. I want to sell this bust, but at the same time I dont because I feel like im stabbing my friend in the back. BUT since my auction is already down i'd have to pay more money to list it again...im torn on what to do. "

A seller who states this in writing via Ebay E-mail is not a stable seller who should continue as a registered user.



--------------------
She seems to think that because I wrote in one of my first messges to her "I want to sell this bust, but at the same time I dont because I feel like im stabbing my friend in the back. BUT since my auction is already down i'd have to pay more money to list it again...im torn on what to do. ", that this means im cancelling the auction. LOL yeah right lady! I didnt cancel poo and she's going to pay me for what she bought.