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Sending Bambiboo3 a legal reminder.

I received a brief email (with bad spelling) yesterday afternoon, in which I replied. This morning I sent her an email regarding the conditions of what would occur if I did not hear back from her prior to Sunday at Noon PST.

Sent: To Bambiboo3 via Gmail from her Gmail address.
Date: February 23, 2010
Subject: Head and possible future appearances.


Greetings.

I haven't heard from you for several days. I figured email might be best rather than Fur Affinity despite it logging messages.

I had more co-workers asking me about doing appearances at work with the Cat character. I hadn't heard back from you regarding if you were able to mail the head.

I also feel awkward that every month since contacting you I've had to ask about it being shipped. Please let me know ASAP. I will honestly need it mailed prior to March 1st if it hasn't been shipped or will need to request a refund.

Thanks in advance and take care.

Exxxx Rxxxxxxxxxx

Sent: From Bambiboo3 via Gmail from her Gmail address:
Date: February 25, 2010
Subject: Re: Head and possible future appearances.


hey sorry about the lack of communication ill be sending it out tommorwow

Sent: To Bambiboo3 via Gmail from her Gmail address.
Date: February 25, 2010
Subject: Head and possible future appearances.


Audri:

I appreciate you getting back to me. I absolutely need this shipped
tomorrow in the same condition as photographed in your ad with
tracking sent 2 day USPS with a tracking # as proof of it being sent.
I will need you to email me the information tomorrow.

In addition, I will need the $27 refunded, as I had already paid you
for shipping back in November, realizing this as of last night. If a
package was returned, it not my responabilty to pay for shipping
twice. I feel that I am being taken advantage of and each month I am
given an excuse or it is "being shipped tomorrow."

Please send it tomorrow, Friday, February 26th.

-Exxxx

Sent: To Bambiboo3 via Gmail from her Gmail address.
Date: February 25, 2010
Subject: IMPORTANT: Mailing the head with tracking on Friday, February 26th, 2010 with insurance.


Audri:

This is a reminder to mail out the black and white cat mascot head via USPS priority 2 day shipping with tracking with insurance for $150 to the following address:

Exxxx XXXXXXXXXXX,
XXX XXXXXX XXXXXX
XXXXXXXX, XXXXXXXX
XXXXX

The amount of $27.00 must also be sent prior to Noon (12:00PM) Pacific Standard Time to refund the overage for the double paid shipping.

I will need you to contact me no later than Noon (12:00PM) Pacific Standard Time. If I do not receive a notification that it has been sent with the above mentioned (2 day USPS shipping, tracking, insurance, and a refund of $27.00), I will be having my lawyer, Eric O. Costello Esq., contact you via email and a legal certified letter to Camas, Washington.

I am very serious about this matter. This package should have been shipped back in November 2010 after payment was received. If this email or any other contact is further ignored I will unfortunately need to take further legal action regarding this situation..

Exxxx XXXXXXXXXX

I really hope she takes this all serious, because at this point I'm pretty fed up. I'll have another update on either Monday or Tuesday. This will either involve Pay Pal or a certified letter from my lawyer (or both).

I had this pointed out to me. In the letter I sent her this morning, there is a date reading November 2010. It should read 2009, and will be emailing her regarding that shortly. As I mentioned in one of the replies below, every email I send is basically adding onto my aggravation. I just hope this whole thing ends well.
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Comments

( 41 comments — Leave a comment )
underthebed
Feb. 26th, 2010 03:24 pm (UTC)
Y'know....I do believe this is the first ever occasion I've seen someone actually go to legal action over a commission/sale that an artist flaked out/cheated on.

Honestly?

I think it's about damn time. Too often commissioners just shrug and figure "Oh well, money lost. It sucks, but what am I gonna do?" Dishonest artist and suit makers really need to be made to understand that selling their work IS a business deal, and that if they decide to take the money and run, there ARE actual real life consequences, besides having their online rep tarnished. It's no different that if you walked into a store, gave the store owner money for a product, and they refused to/didn't give you said item but kept your money. That kind of shit wouldn't fly in the regular world, why do we so often let it fly online with commissioned art?

Good for you, and I really hope you get this settled.
enveri
Feb. 26th, 2010 04:11 pm (UTC)
Well... the problem with following up on legal action is that you have to pay the lawyer regardless of whether money is obtained from the defendant.

Even lawyers can't get blood from stones, yaknow? I have a buddy that paid something like $800 to an artist that flaked. As far as I know, he's still pursuing that in legal channels (it's been 2 years) and the only reason he's able to do that is he gets legal assistance through his job. Most people don't have that luxury.
(no subject) - torinir2 - Feb. 26th, 2010 06:26 pm (UTC) - Expand
(no subject) - film2edit - Feb. 26th, 2010 06:38 pm (UTC) - Expand
(no subject) - poprock_grey - Feb. 26th, 2010 04:22 pm (UTC) - Expand
(no subject) - film2edit - Feb. 26th, 2010 06:39 pm (UTC) - Expand
(no subject) - poprock_grey - Feb. 26th, 2010 06:46 pm (UTC) - Expand
(no subject) - film2edit - Feb. 26th, 2010 06:36 pm (UTC) - Expand
teahound
Feb. 26th, 2010 03:58 pm (UTC)
Just a note, you say in your email it should have been sent November 2010. =)
Good luck!
film2edit
Feb. 26th, 2010 06:32 pm (UTC)
Thanks for noticing that. That should be 2009. I feel aggravated every time I have to contact her. I will drop her a line regarding it.
ashleyvsdestiny
Feb. 26th, 2010 04:00 pm (UTC)
The lawyer is real, right? It's bad form to use a Laywer's name without their permission.
alaitallon
Feb. 26th, 2010 05:42 pm (UTC)
And you know she hasn't already received permission . . . how, exactly?
(no subject) - thaily - Feb. 26th, 2010 06:27 pm (UTC) - Expand
(no subject) - alaitallon - Feb. 26th, 2010 06:41 pm (UTC) - Expand
(no subject) - film2edit - Feb. 26th, 2010 06:41 pm (UTC) - Expand
(no subject) - film2edit - Feb. 26th, 2010 06:40 pm (UTC) - Expand
(no subject) - alaitallon - Feb. 26th, 2010 06:42 pm (UTC) - Expand
(no subject) - ashleyvsdestiny - Feb. 26th, 2010 07:54 pm (UTC) - Expand
(no subject) - alaitallon - Feb. 26th, 2010 08:28 pm (UTC) - Expand
(no subject) - ashleyvsdestiny - Feb. 26th, 2010 08:29 pm (UTC) - Expand
(no subject) - film2edit - Feb. 26th, 2010 06:32 pm (UTC) - Expand
anjel_kitty
Feb. 26th, 2010 04:15 pm (UTC)
I do hope it doesn't come down to taking her to court, but it would set a precedent on here for flaky sellers who don't send out their products in a timely manner
film2edit
Feb. 26th, 2010 06:34 pm (UTC)
That'll be the last measure I take. If she ignores the letter she's getting a visit from a form of local authority in the Camas area regarding claiming the item in person and a date it will be collected.

I don't like the idea of someone making up excuses and running off with close to $200.
hobbesdawg
Feb. 26th, 2010 05:00 pm (UTC)
Good for you. I've pondered something like that a few times myself, but they've always been low cost projects.
film2edit
Feb. 26th, 2010 06:35 pm (UTC)
Thanks. Unfortunately, I wish this was just a $20 con badge.
(Deleted comment)
kayla_la
Feb. 26th, 2010 06:50 pm (UTC)
No, it isn't. You can use the artist's tag to find the other, which was eventually resolved, so hopefully this one will be as well.
(no subject) - roadkillonrt3 - Feb. 26th, 2010 10:01 pm (UTC) - Expand
stormslegacy
Feb. 26th, 2010 07:00 pm (UTC)
Just to note (since it's blocked everywhere else) your first email has your last name unblocked--you might want to delete that.

*crosses fingers for you* Good luck! I really hope something comes of it without it going too far. It's not like the head needs to be made or anything.
zackfig
Feb. 26th, 2010 07:23 pm (UTC)
I'd pay money to see this on Judge Judy.

G'luck!
(Deleted comment)
(no subject) - poprock_grey - Feb. 26th, 2010 08:51 pm (UTC) - Expand
(no subject) - zackfig - Feb. 26th, 2010 09:59 pm (UTC) - Expand
(Deleted comment)
(no subject) - zackfig - Feb. 26th, 2010 10:39 pm (UTC) - Expand
(no subject) - duster - Feb. 27th, 2010 12:00 am (UTC) - Expand
(no subject) - zackfig - Feb. 27th, 2010 12:14 am (UTC) - Expand
(no subject) - film2edit - Feb. 27th, 2010 12:51 am (UTC) - Expand
(no subject) - megamon_blue - Feb. 27th, 2010 05:51 am (UTC) - Expand
foxiii
Feb. 27th, 2010 01:20 am (UTC)
It's mail to there are laws to handle that too.I,m thanking turning mine over collection i only get haft but it is better then none.
Fox
mekania
Feb. 27th, 2010 04:37 am (UTC)
Reading both of your entries, originally you told her you'd like 7 day shipping (which cost you $15) and now you're asking for 2 day plus insurance plus a refund which doesn't seem very fair. Not that making you wait months for what you paid for is very fair either.

I do wonder if shipping costs really did go up that high from $15 to $27 for 7 day and $30 to $60 for 2 day. That seems like a really big gap for only a couple months.
kayla_la
Feb. 27th, 2010 04:39 am (UTC)
Personally, I disagree. The 2 day shipping is to make up for how they waffled on sending it when the OP had given them a deadline, and don't forget that they had paid for shipping twice. They were asking for a shipping refund on the second time they paid for it.
(no subject) - mekania - Feb. 27th, 2010 04:51 am (UTC) - Expand
frazzled_niya
Mar. 15th, 2010 03:57 am (UTC)
I hope you get some joy out of this!
( 41 comments — Leave a comment )

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