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RE: Fraud Within Our Group...



Gene,

First of all, I am not a lawyer, nor do I have any legal training.  I am
just stating what I would do in a case like this.


I respectfully disagree.  If Dave were to publically identify this person at
this point in time, he could open himself up to a libel suit.  If Dave were
to have a legal decision against this person in a court of law, THEN Dave
would be safe to name this person.  

Dave, have you sent this person registered letters with return receipts
stating your dissatisfaction?  If not, that should be your next step.  Mail
them to both the address he gave you and to the QRZ.COM listed address.
That way, if the one that comes back as undeliverable is the QRZ.COM one,
that will be proof to the FCC that this person has not kept his address up
to date, as required by FCC regulations.  Keep a copy of the letter in your
files.  Keep in mind that the mailing address he gave you MAY be his
workplace (or former workplace).  Be sure to give him a reasonable amount of
time to answer, a couple weeks should do the trick.  

If this fails, a call to the authorities may be in order.  IF this person is
ripping you off, he has committed mail fraud, or at least the electronic
equivalent.  Hopefully, you have kept copies of all correspondence with this
individual.  It may  help the FBI track him down as well as provide evidence
in the event you take legal action. 

73 de N8AU, Jim in Raymore, MO

-----Original Message-----
From: Gene Davies AA6NP [mailto:aa6np@mind.net] 
Sent: Friday, September 05, 2003 9:28 AM
To: amsat-bb@AMSAT.Org
Subject: Re: [amsat-bb] Fraud Within Our Group...


Dave,
In MY opinion only, I think you should identify him.

If he is ill or has some other problem, maybe someone
on the list can shed some light on the subject.

If you really have been cheated, you may save someone
else on the list from suffering the same fate.

I hope you are able to resolve this.

73,
Gene
AA6NP







----- Original Message ----- 
From: Dave Smith - W6TE <w6te@pacbell.net>
To: <amsat-bb@AMSAT.Org>
Sent: Friday, September 05, 2003 12:24 AM
Subject: [amsat-bb] Fraud Within Our Group...


> Friends,
> 
> It is with much regret that I must resort to a Subject line such as 
> the one I have posted.
> 
> The story... back in the latter part of July a subscriber of this 
> reflector advertised on this reflector six Motorola (Pelco) az/el 
> rotor heads. I had been looking for one for some time so I agreed to 
> the price
> + shipping + packaging fee. I promptly sent him a PayPal payment and, 
> + by
> my Paypal records, he received the payment. After two weeks and no 
> az/el head, I sent him an e-mail... no response. A week later he 
> posted some vague email that he had acquired a virus and had been out 
> of email range for a couple of weeks. I was very relieved because I 
> was beginning to think that I had been HAD by one of our own. I 
> haven't heard from him since and haven't received the az/el rotor. 
> I've sent him e-mails with no result. I called information in his area 
> (Washington State) and he has an un-listed phone number. I checked the 
> QRZ.com web site and his address is from a different state from where 
> I sent the payment.
> 
> He has my telephone number, address, and e-mail address but I haven't 
> heard from him.
> 
> At this point, I'm very frustrated and don't know how to proceed. I 
> don't want to offend my good friends on this reflector; on the other 
> hand, I feel an obligation to alert everyone to be alert to purchases 
> from this guy. I hesitate to identify him (maybe he became ill and 
> can't
> communicate!) I don't know.
> 
> I'm not sure of the proper and morale thing to do. I'm trying to 
> resist being vindictive. However, I am going to be in Washington State 
> for the Microwave Conference in three weeks and I might just make a 
> drop in visit!
> 
> I don't know if I can pursue any avenues or not. I contacted Paypal to 
> file a complaint but they won't do anything since it's been more than 
> 30 days.
> 
> Any suggestions would be greatly appreciated.
> 
> Dave Smith / W6TE
> 
> 
> ----
> Sent via amsat-bb@amsat.org. Opinions expressed are those of the 
> author. Not an AMSAT member? Join now to support the amateur satellite 
> program! To unsubscribe, send "unsubscribe amsat-bb" to 
> Majordomo@amsat.org
> 
> 
> 


----
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