Sub: Compliant on Mr. William M. Popich of 3914 Easton Square Place, Columbus, Ohio - Zip 43219 for not fulfilling the agreement made on a sale deed for selling his Apple Mac G5 computer system with accessories as advertised having received $3000.00 for a total price of $4,500.00. It was agreed that the balance of $1500.00 to be paid on delivery of the system.
On Monday 29th of May, 06, I responded to the advertisement of Mr. William M. Popich on EBay auction item # 9733361642 on the URL: http://cgi. Ebay.com/ws/eBayISAPI. Dll? ViewItem&item=9733361642&rd=1&sspagename=STRK: MEWA: IT&rd=1
Which showed the following: (I have the Evidence)
This auction is for a complete editing turnkey system. We currently use another set up like this one with great luck, but have not expanded as anticipated when we set this system up. First, the core of the system is an Apple PowerMac G5 quad core tower which had additional 1GB memory added. It comes complete with Office for Mac, Norton Anti Virus, Adobe Creative Suite 2 Standard, Final Cut Pro HD, and Logic Pro 7. We purchased the unit new in March and have not used it at all. All software was purchased in April and May. Our programmer has installed all of the software and all of the boxes and manuals will come with the purchase including the USB key for Logic pro 7. It is complete with two 23" apple monitors which are new as well and will be in the boxes they were delivered in. There are three keyboards which will ship with the computer - 1.) The original keyboard with USB wire 2.) Standard wireless apple keyboard, and 3.) Wireless final cut pro keyboard. It also comes with the wireless mouse and Bluetooth adapter for USB use. The wireless keyboard for final cut pro compliments it well. For logic pro 7 included is an m-audio 49 key mobile USB MIDI controller (keyboard). Comes complete with all cables, manuals, hardware and software. If you have any questions feel free to call me at 614.795.0441. I am available anytime, and welcome your call. Please bid with confidence. Though I am not an experienced eBay seller with feedback, I did get verified by eBay and paypal. I also can show my company paperwork registered with Ohio. Pick up in Columbus, Ohio is allowed and locals may come view the system. The unit and monitors all come complete with 3 year Apple extended warranties. All boxes and paperwork for the warranties will be included. Further, with the expectation of utilizing the edition of Final Cut Pro we purchased one year of Apple Care Professional Video Support? This is a 1-800 number which can be called anytime and final cut pro support given to the caller.
I called Mr. William M. Popich at the phone number given in his advertisement and made an appointment to go and see the advertised unit to negotiate a price for? Buy it now? Option. After seeing the system, I negotiated a price of $4,500.00 for the same package as advertised and asked him to deliver the system. He agreed to accept a personal US Bank check #204 for the full amount of $4,500.00 on the basis that I would deposited the cash in my bank account the next day and then would call him to present his check for encashment. He agreed to deliver the system on receiving the amount. (I have the Evidence)
On Tuesday, 30th May, I deposited in my bank account the Traveler checks I had for $4,500.00 to cover the check I wrote to Mr. William M. Popich. The Bank informed me that the amount is available only on the next working day. I communicated this matter to Mr. William M. Popich and asked him not to present the check since it would not be honored till the next day. On the request of Mr. William M. Popich I had Carole Walker, from Dublin USbank called Mr. William M. Popich affirming that the deposited money would not be available till next business day.
On Wednesday, 31st May, I checked with my Bank to find out the available balance. I was sorry to know that there was only $3,000.00 in account as available balance. This was because a withdrawal for $1,500.00 took place for my family needs and the deposit that should have been covered this amount has not been made into the account. I called Mr. William M. Popich and explained the situation and asked him to hold the check until I deposited the deficit $1500.00 to cover the check I issued to him. At that time, I told him that if he needs me to pay the available $3000.00 from my bank account with a fresh check then I would be happy to do so. I also requested him to consider giving me the main system with one monitor instead of two monitors of the deal and allow me to pay the $1,500.00 in a few days to take the second monitor and whatever else he would like to keep back for the $1,500.00 value. I asked him if this optional agreement is acceptable, then I would like to go and issue a fresh check for $3,000.00 and take delivery of the system so as to start my project work right away. To this Mr. William M. Popich agreed to deliver the system on these terms and wanted me to go to his house to settle this matter and take the system and the check he has been holding.
On Wednesday morning, May 31st, 06, around 10:30 am, I went to Mr. William M. Popich residence. When I met him outside his residence, he wanted me to accompany him to US Bank branch at 5050 North Hamilton Road, Columbus, OH 43230 to en cash the check # 206 for $3000.00 I have written to him for the negotiated system. Since he did not have an account in the particular bank, he had endorsed the check to me to cash it and received the $3000.00 cash from the teller Mr. Anthony. (I have the Evidence)
After receiving the cash, he had me followed to his residence at 3914 Easton Square Place, Columbus and had me waited outside the house while he was going to bring the system outside. He said it would take 15 minutes to pack the system and bring it to me. He did not come out as he said but called me on my cell to let me know that he is doing transferring his files from the computer and it is taking longer than expected. This went on till 12:00 noon and then he called me to go and have lunch and come back by which time the unit would be ready. After lunch I called him only to know that it is not ready. Finally, I was told on the phone that it would be ready by 3:00pm. Therefore, I went there at 3:00pm but no one was at home. I called him on the phone and he assured me that he would be there in 15 minutes. Even then he did not come and had me waited till 8 pm and finally told me that he could not do anything for an emergency and asked me to contact him in the morning. Ever since, he has been postponing and not delivering the system.
On Thursday, June 1st, 06, Mr. William M. Popich promised me that he would be sending the Computer system to my home through a person by name Andrew and that I should wait for him at home. At this time I informed Mr. William M. Popich that I have the balance payment of $1500.00 ready for him to take and therefore send the second monitor as well. But no one came to my residence.
On Friday, June 2nd, 06 morning I called Mr. William M. Popich and he informed me to stay home and Andrew is bringing the system around 12:00 noon. I waited all day and no one shown up with the computer system at my residence.
On Saturday, June 03, I cannot reach Mr. William M. Popich on his phone other than his cellular voice mail.in the mean time, I have sent several E-mails to his e-mail address and to none of them he replied.
On Sunday, June 11,06, I checked on the eBay if Bill is still doing business on eBay. To my surprise, I found out that he put the same item # 9733361642 that he agreed to sell me for $4,500.00 on the eBay again under the Item number: 9739712390 along with few other things.
(1) The following is the item that I have negotiated with William M. Popich (Bill) through our phone conversation on May 29,06, according to his statement on the eBay advertisement quote? If you have any questions feel free to call me at 614.795.0441? Unquote. After my agreement to buy the system for $4,500.00, Bill removed the item from eBay auction.
Apple G5 Quad Core Editing Suite Final Cut Pro HD
with 2 23" Apple Monitors Final Cut Keyboard Logic Pro Item number: 9733361642
http://cgi. Ebay.com/ws/eBayISAPI. Dll? ViewItem&item=9733361642&rd=1&sspagename=STRK: MEWA: IT&rd=1
(2) On June 11,06, Bill added the same equipment on eBay auction which was under agreement to sell it to me under this URL:
Apple G5 Quad Core Editing Suite Final Cut Pro HD
with 2 23" Apple Monitors Final Cut Keyboard Logic Pro Item number: 9739712390
http://cgi. Ebay.com/ws/eBayISAPI. Dll? ViewItem&item=9739712390&rd=1&sspagename=STRK: MEWA: IT&rd=1
Other items that Bill put on eBay auction:
Apple Final Cut Pro HD Sudio Crossgrade Intel Universal Item number: 9736889408
http://cgi. Ebay.com/ws/eBayISAPI. Dll? ViewItem&item=9736889408&rd=1&sspagename=STRK: MEWA: IT&rd=1
Apple MacBook Pro 15 inch 2.0 GHZ 1 GB Laptop Notebook
Dual Core Intel Item number: 9739717935
http://cgi. Ebay.com/ws/eBayISAPI. Dll? ViewItem&item=9739717935&rd=1&sspagename=STRK: MEWA: IT&rd=1
KVH Tracvision A5 Land Mobile Satellite TV for RV Car
Brand New in Box Full Kit mounting bracket and receiver Item number: 9735746077
http://cgi. Ebay.com/ws/eBayISAPI. Dll? ViewItem&item=9735746077&rd=1&sspagename=STRK: MEWA: IT&rd=1
KVH Tracvision A5 Land Mobile Satellite TV for RV Car
Brand New in Box Full Kit mounting bracket and receiver Item number: 9739706351
http://cgi. Ebay.com/ws/eBayISAPI. Dll? ViewItem&item=9739706351&rd=1&sspagename=STRK: MEWA: IT&rd=1
On June 16,06, I have noticed on the eBay auction that he is no more a registered user on eBay. Reblproductions (1) Not a registered user
No longer a registered user
Member since: Mar-25-06
Location: United States
I am enclosing the four pages of evidence that I have with me regarding this complaint.
Therefore, I am making this complaint to seek justice in this matter.
Thanking you Sir,
Yours truly,
A.R. Musunuri
Enclosed evidence in support of my complaint on Mr. William M. Popich
This is the 1st E-mail received from eBay security to my report of the fraud by Mr. William M. Popich
From: eBay Customer Support
To:
Date: Wed, 07 Jun 07:27: 56 -0700
Subject: FD91001 Your recent email to eBay's Trust and Safety Department (KMM216220904V18812L0KM)
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Hello Raju,
Thank you for writing in to Safe Harbor with your concerns regarding item number 9733361642 which ended with no bids and therefore no winner.
Please bear with me as this mail though it can be long contains important information, I simply don't want to leave anything important
out.
Because this item was purchased outside of eBay, it isn't covered by eBay services, such as our Standard Purchase Protection Program.in addition, you can't leave Feedback or request the seller's contact information.
In this case, I recommend filing a complaint with the Internet Crime Complaint Center (IC3). The IC3 is a partnership between the Federal Bureau of Investigation and the National White Collar Crime Center. The IC3 will review and evaluate your complaint and refer the information to the appropriate local, state, or federal agency with jurisdiction over the matter. To file a complaint with the IC3, go to:
Http://www.ic3. Gov/
In this situation, we recommend that you report the seller to law enforcement authorities both in your area and where the seller resides.
To find law enforcement officers located by area, go to:
Http://www.usacops.com
When you contact a law enforcement officer, please explain the following:
- The officer can contact eBay for help with the investigation.
- For more information on how eBay can help, the officer should go to:
Http://pages. Ebay.com/securitycenter/law_enforcement.html
We thank you in advance for your cooperation, and wish you luck with your future eBay transactions. We are committed to making your experiences at eBay pleasant and rewarding so if there is anything else regarding this or another matter, or another, we can help you with please contact us again. Have a wonderful time shopping and selling on eBay throughout 2006!
Warmest Regards,
Kallie R. Morgan
Fraud Prevention Group
eBay Trust & Safety
=
If responding, please include a copy of this message.
=
Whether you're new to eBay or an experienced buyer and seller, the eBay Security & Resolution Center can help you protect yourself on eBay and online. For more information, please click the "Security Center" link at the bottom of most eBay pages.
For our latest announcements, please check:
http://www2. Ebay.com/aw/announce. Shtml
Original Message Follows:
Form Message 000% 052406
D_ID060520061725D_ID/W_ID0W_ID/S_ID000S_ID
Subject: FR%X10011 FR%X10011 Item Bought Outside of eBay [#US? 01 ]
[#US? 01 ] [#us? 01 ]
User Feedback: 0
User State:? 01
Browser Info: Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; SV1;
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Home Help Transaction Problems and Protections About Transactions
Outside eBay Item Bought Outside of eBay; 64.136.26.225
Reporting member: ananda8050 0
Reported member: reblproductions (1)
Reported Member Status:
Item number: 9733361642 $US
Payment Date: May-31-06
Payment Method: Personal check
Payment Amount: 3000 $
Email Header:
Email Body:
Message: Felt cheated and never trust people on their word and promises and never pay before receiving the product in order.
The following is the whole story how it happened.
Monday, June 05
Dear Bill,
Thank you for your e-mail received this morning.
Finally, you were able to respond to my 4 e-mail communications sent to you since Wednesday, May 31st, 05 when you had me waited out side your home from 11:00 am in the morning till 8.00 pm, having promised that you would deliver the system and return the check #204 for $4,500.00 on which I have put a stop pay now.
Bill, it is very sad and deeply hurting what you wrote in your response to my 4 e-mails stating that you feel I am a scam or con artist, where as you have taken $3000.00 from me and have not given me anything as agreed and promised.
If you do not abide by your following agreement, then I have no option than to seeking help to resolve this matter.
This is what we agreed upon:
1. Through our phone conversation on Monday, May 29th, 06, you agreed to sell me your system for $4,500.00 which you advertised on eBay as Item #9733361642 as Buy it Now option for $6,000.00.
2. I agreed to pay $4,500.00 through Traveler checks but you told me that you do not accept Traveler Checks and would want me to en cash them and give you the cash. For this, I agreed to write you a check for $4,500.00 on the basis that I would deposit the Traveler checks to cover the amount and would advise you when to present the check in your bank. You agreed to this arrangement and signed a receipt for the check #204 for $4,500.00 which I gave you. You gave me a receipt stating that I may take the system as soon as the check is cleared.
3. On Tuesday, 30th May, I deposited in my bank account the Traveler checks I had for $4,500.00 to cover the check I wrote to you and the Bank informed me that the amount is available only on the next working day. I communicated this matter to you and asked you not to present the check since it would not be honored till the next day. On your request I had Carole Walker, from Dublin USbank called you and spoke to you affirming that the deposited money would not be available till next business day.
4. On Wednesday, 31st May, I checked with my Bank to find out the balance. I was sorry to know that there was only $3,000.00 in account as available balance. This was because a withdrawal for $1,500.00 took place for my family emergency and the deposit that should have been covered this amount has not been made. I called you and spoke to you explaining the situation and asked you to hold the check and wait till I come up with the $1500.00 short to cover the check I issued to you. At that time, I asked you that if you need me to pay the available $3000.00 from my bank account with a fresh check then I would be happy to do so. I also requested you to consider giving me the main system with one monitor instead of two monitors of the deal and allow me to pay the $1,500.00 in a few days to take the second monitor and whatever else you would like to keep back for the $1,500.00 value. I asked you if this
optional agreement is acceptable to you, then I would like to come and issue a fresh check for $3,000.00 and take delivery of the system so as to start my project work right away. To this you agreed to deliver the system on these terms and wanted me to come and settle this matter and take the system and the check you have been holding.
5. I came to your residence on Wednesday, May 31st May to give you a check for $3,000.00 as you agreed and take delivery of the system. I asked you to return back the check #204 for $4,500 to me that I issued to you the day before. To this you replied saying that the check is in the house and would give it back to me together with the system when we come back from the bank. You had me followed behind your vehicle to US Bank Branch at Meijer store, 5050 North Hamilton Road, Columbus to cash the check #206 for $3000.00 issued in your favor. At the counter, when the teller informed you that in order to let you take the cash you would have to endorse the check to me, you did so and received the cash from the teller. After you receiving the cash I followed you to your home to
take delivery of the system and the check #204 that was issued earlier for $4,500.00.
6. When we arrived at your home you had me waited outside saying that it would take 15 minutes to disconnect the system and bring it out. Once you went into your residence, you never came out to deliver the system or the check.instead you called me on my cell phone and assured me that it is taking more time to transfer files and it would be ready in another 30 minutes. But you did not come out even after 30 minutes and asked me to go and have lunch and come back by which time the system would be ready. When I called you after lunch, you told me time and again that you have been transferring files from the computer and it has been taking longer than expected. I obliged to wait till you complete that work and give me the system. But you had me waited till 8.00pm with many excuses and finally told me that you cannot do anything till the next morning. I was disappointed that I trusted you with your word.
7. I knew something is not right with your word of delivering the system. Thursday, 1st of June, I began to call you on your cell and sent four e-mails requesting you to let me know what was happening with the system. I assured you that I have made rrangements for paying the remaining balance of $1500.00 if that was the issue. You affirmed me that it was not the issue at all. Even so, I assured you that I would make arrangements to pay you the balance of $1,500.00 on delivering the full system at my home. Then, you asked for the home address which I sent you through e-mail with directions. Three times you told me on the phone that you are bringing the system together with Andrew by the evening of Thursday. You did not deliver the system as you stated.
8. On Friday, 2nd, June, I called you several times and left messages on your phone. For two calls you answered and told me that you are sending Andrew with the system to my home by 12:00 noon. All day, I was waiting at home to receive the system but no one came.
9. All of Saturday and Sunday (June 3,4) I made calls to your cell and left messages but to none you replied.
10. Today, Monday, June 05, I have received the following mail from you stating that I am a scam or a con artist.
Bill, I still love you my friend because I am neither a scam nor a con artist just as you said but a believer and follower of Jesus as His
diciple.
Till now you have not fulfilled what you agreed to do after you received the US Bank Check #206 for $3000.00 and en cashed it on May 31st, 06. If you would like to resolve this matter even now, I am willing to work with you Bill. Either you could bring the system to my home and on delivery take the $1,500.00 or I would come to your home with the balance payment of $1,500.00 in the form of Money Order.
I want you to please reply right away one way or the other of your decision as to deliver the system as per our agreement or else refund the $3000.00 that you accepted as part payment of the total agreed price of $4500.00 for the following items:
Description of the Items in this agreement are:
The core of the system is an Apple PowerMac G5 quad core tower which had additional 1GB memory added. It comes complete with Office for Mac, Norton Anti Virus, Adobe Creative Suite 2 Standard, Final Cut Pro HD, and Logic Pro 7. This unit was purchased new in March and have not used it at all as per your statement. All software was purchased in April and May and has been installed. All of the software and all of the boxes and manuals will come with the purchase including the USB key for Logic pro 7. It is complete with two 23" apple monitors which are new as well and will be in the boxes they were delivered in. There are three keyboards which will ship with the computer - 1.) The original keyboard with USB wire 2.) Standard wireless apple keyboard and 3.)
Wireless final cut pro keyboard. It also comes with the wireless mouse and Bluetooth adapter for USB use. The wireless keyboard for final cut pro compliments it well. For logic pro 7 included is an m-audio 49 key mobile USB MIDI controller (keyboard). Comes complete with all cables, manuals, hardware and software. The unit and monitors all come complete with 3 year Apple extended warranties. All boxes and paperwork for the warranties will be included. Further, with the expectation of utilizing the edition of Final Cut Pro we purchased one year of Apple Care Professional Video Support this is a 1-800 number which can be called anytime and final cut pro support given to the caller.
Sincerely,
Raju
— [email protected] wrote:
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This is the 2nd E-mail received from eBay security to my report of the fraud by Mr. William M. Popich
From: eBay Customer Support
To: Ebenezer Fellowship
Date: Sun, 11 Jun 16:58: 02 -0700
Subject: FD91001 Your recent email to eBay's Trust and Safety Department (KMM216810760V70251L0KM)
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Hello,
Thank you for contacting SafeHarbor regarding reblproductions. My name is Rikku and I'd be happy to take the time to look into this matter for you.
First, I would like to apologize for the way you've been treated with this most regrettable transaction on eBay. I can assure you that the
eBay community is made of very honorable and genuine sellers but unfortunately there are one or two that do not comply with our policies. No member should be treated like this and I am truly sorry that your transaction has not gone as smooth as hoped.
Please be assured, if a violation of eBay policy has occurred, we will take the appropriate action in accordance with our site policies. Such action may include issuing a warning, temporary suspension, indefinite suspension or terminating the membership.
We understand your concern about this situation, and we also recognize your initiative in reporting this situation and be assured that the information you have provided is important and will be used for further investigations. Your report has also alerted us and will keep us watchful on future possible violations that may occur as related to the members you have reported.
As you may know, we are unable to provide specific information regarding the result of our investigation to third party members. Please understand that this is for the protection of all eBay users.
I'm sorry to hear that your efforts to resolve this issue with your trading partner have been unsuccessful. At this point, I strongly
suggest that you consider trying one of the recommendations that we included in our last email. Please see the following help page. On this page you will find information on additional options to report and resolve this matter.
Http://pages. Ebay.com/help/tp/isgw-buyer-protection-steps.html
Lastly, in my experience, one of the best resources available to you is the advice of other eBay Members. The easiest way to ask other members for some advice is to go to our Q&A Board and ask for tips on how to handle your situation. Chances are one or more of our users have experienced what you're experiencing and can assist you. You can visit the Q&A Board at the link below:
Http://pages. Ebay.com/community/chat/index.html
I truly hope this gets resolved promptly and to your satisfaction. Don't hesitate to let me know if you have any further questions or concerns. I do appreciate your report, your time and your efforts.
Sincerely,
Rikku
Fraud Prevention Group
eBay Trust & Safety
=
If responding, please include a copy of this message.
=
Whether you're new to eBay or an experienced buyer and seller, the eBay Security & Resolution Center can help you protect yourself on eBay and online. For more information, please click the "Security Center" link at the bottom of most eBay pages.
For our latest announcements, please check:
Http://www2. Ebay.com/aw/announce. Shtml
Original Message Follows:
Hello, Kallie,
Thank you for your mail, helping to understand what I have to do in order to deal with Mr. William M. Popich regarding the issues I have confronted with him. I am trying to find help to resolve the matter with him. I have written to him the following mail and he responded to my mail with his comments in the red. This morning I checked on the eBay if he is still doing business on eBay. To my surprise, I found out that he put the same item # 9733361642 that he agreed to sell me for $4,500.00, on the eBay again under the Item number: 9739712390. I do not know his intentions why he gave me such a lot of turmoil by keeping my $3000.00 to date and have not willing to resolve the matter.
I am bringing this matter to you to let you know what is happening. The following is the mail I wrote to him and his response in the red letters:
Let me know any further information that would help resolve the matter with him.
Thank you,
Sincerely,
Raju
From: Wpopich
To: ebenezerfellows
Date: Tue, 6 Jun 00:29: 23 EDT
Subject: Re: Please let me know your decision
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In a message dated 6/5 7:26: 49 P.M. Eastern Standard Time, [email protected] writes:
Monday, June 05
Dear Bill,
Thank you for your e-mail received this morning.
Finally, you were able to respond to my 4 e-mail communications sent to you since Wednesday, May 31st, 05 when you had me waited out side your home from 11:00 am in the morning till 8.00 pm, having promised that you would deliver the system and return the check #204 for $4,500.00 on which I have put a? Stop pay? Now.
Bill, it is very sad and deeply hurting what you wrote in your response to my 4 e-mails stating that you feel I am a scam or con artist, where as you have taken $3000.00 from me and have not given me anything as agreed and promised.$3000 was not the deal - the contract, or the agreement.
If you do not abide by your following agreement, then I have no option than to seeking help to resolve this matter.
This is what we agreed upon:
1. Through our phone conversation on Monday, May 29th, 06, you agreed to sell me your system for $4,500.00 which you advertised on eBay as Item #9733361642 as? Buy it Now? Option for $6,000.00. You were told $5500 which i would lower for CASH which i did not receive - therefore $5500 was the price
2. I agreed to pay $4,500.00 through Traveler checks but you told me that you do not accept Traveler Checks and would want me to en cash them and give you the cash. For this, I agreed to write you a check for $4,500.00 on the basis that I would deposit the Traveler checks to cover the amount and would advise you when to present the check in your bank. You agreed to this arrangement and signed a receipt for the check #204 for $4,500.00 which I gave you. You gave me a receipt stating that I may take the system as soon as the check is cleared.
3. On Tuesday, 30th May, I deposited in my bank account the Traveler checks I had for $4,500.00 to cover the check I wrote to you and the Bank informed me that the amount is available only on the next working day. I communicated this matter to you and asked you not to present the check since it would not be honored till the next day. On your request I had Carole Walker, from Dublin USbank called you and spoke to you affirming that the deposited money would not be available till next business day. You never told me originally that you needed to make a deposit - you said the check was good when you wrote it
4. On Wednesday, 31st May, I checked with my Bank to find out the balance. I was sorry to know that there was only $3,000.00 in account as available balance. This was because a withdrawal for $1,500.00 took place for my family emergency and the deposit that should have been covered this amount has not been made. I called you and spoke to you explaining the situation and asked you to hold the check and wait till I come up with the $1500.00 short to cover the check I issued to you. At that time, I asked you that if you need me to pay the available $3000.00 from my bank account with a fresh check then I would be happy to do so. I also requested you to consider giving me the main system with one monitor instead of two monitors of the deal and allow me to pay the $1,500.00 in a few days to take the second monitor and whatever else you would like to keep back for the $1,500.00 value. I asked you if this optional agreement is acceptable to you, then I would like to come and issue a fresh check for $3,000.00 and take delivery of the system so as to start my project work right away. To this you agreed to deliver the system on these terms and wanted me to come and settle this matter and take the system and the check you have been holding.
5. I came to your residence on Wednesday, May 31st May to give you a check for $3,000.00 as you agreed and take delivery of the system. I asked you to return back the check #204 for $4,500 to me that I issued to you the day before. To this you replied saying that the check is in the house and would give it back to me together with the system when we come back from the bank. You had me followed behind your vehicle to US Bank Branch at Meijer store, 5050 North Hamilton Road, Columbus to cash the check #206 for $3000.00 issued in your favor. At the counter, when the teller informed you that in order to let you take the cash you would have to endorse the check to me, you did so and received the cash from the teller. After you receiving the cash I followed you to your home to take delivery of the system and the check #204 that was issued earlier for $4,500.00.
6. When we arrived at your home you had me waited outside saying that it would take 15 minutes to disconnect the system and bring it out. Once you went into your residence, you never came out to deliver the system or the check.instead you called me on my cell phone and assured me that it is taking more time to transfer files and it would be ready in another 30 minutes. But you did not come out even after 30 minutes and asked me to go and have lunch and come back by which time the system would be ready. When I called you after lunch, you told me time and again that you have been transferring files from the computer and it has been taking longer than expected. I obliged to wait till you complete that work and give me the system. But you had me waited till 8.00pm with many excuses and finally told me that you cannot do anything till the next morning. I was disappointed that I trusted you with your word.
7. I knew something is not right with your word of delivering the system. Thursday, 1st of June, I began to call you on your cell and sent four e-mails requesting you to let me know what was happening with the system. I assured you that I have made arrangements for paying the remaining balance of $1500.00 if that was the issue. You affirmed me that it was not the issue at all. Even so, I assured you that I would make arrangements to pay you the balance of $1,500.00 on delivering the full system at my home. Then, you asked for the home address which I sent you through e-mail with directions. Three times you told me on the phone that you are bringing the system together with Andrew by the evening of Thursday. You did not deliver the system as you stated.
8. On Friday, 2nd, June, I called you several times and left messages on your phone. For two calls you answered and told me that you are sending Andrew with the system to my home by 12:00 noon. All day, I was waiting at home to receive the system but no one came.
9. All of Saturday and Sunday (June 3,4) I made calls to your cell and left messages but to none you replied.
10. Today, Monday, June 05, I have I received the following mail from you stating that I am a scam or a con artist.
Bill, I still love you my friend because I am neither a scam nor a con artist just as you said but a believer and follower of Jesus as His diciple.
Till now you have not fulfilled what you agreed to do after you received the US Bank Check #206 for $3000.00 and en cashed it on May 31st, 06. If you would like to resolve this matter even now, I am willing to work with you Bill. Either you could bring the system to my home and on delivery take the $1,500.00 or I would come to your home with the balance payment of $1,500.00 in the form of Money Order. What is it that yu do not understand about cash. Your checks are no good, money orders can be stolen, stopped, or fake and with your record cash is all i will work with i have told you this several times and still you do not listen - you do not understand. I told you cash before you came over i made it clear - you could have left that day with everything but you would not listen. I said to cash your items and deal with me then. You lead me to believe you came from dayton and had to do it now. I made it very clear CASH, CASH, CASH. That was what i told you and still you persist on offering me other payments. NO NO NO NO NO NO NO NO NO NO! CASH IS KING - that's all that is acceptable.
I want you to please reply right away one way or the other of your decision as to deliver the system as per our agreement or else refund the $3000.00 that you accepted as part payment of the total agreed price of $4500.00 for the following items:
When i return from vacation i will supply you with the system of you have the remaining cash. Or, refund will be given for monies paid less fees applied by my bank for your bad check WHICH YOU SAID COULD BE CASHED MONDAY AND THEREFORE WAS DEPOSITED PER OUR AGREEMENT
Description of the Items in this agreement are:
The core of the system is an Apple PowerMac G5 quad core tower which had additional 1GB memory added. It comes complete with Office for Mac, Norton Anti Virus, Adobe Creative Suite 2 Standard, Final Cut Pro HD, and Logic Pro 7. This unit was purchased new in March and have not used it at all as per your statement. All software was purchased in April and May and has been installed. All of the software and all of the boxes and manuals will come with the purchase including the USB key for Logic pro 7. It is complete with two 23" apple monitors which are new as well and will be in the boxes they were delivered in. There are three keyboards which will ship with the computer - 1.) The original keyboard with USB wire 2.) Standard wireless apple keyboard and 3.) Wireless final cut pro keyboard. It also comes with the wireless mouse and Bluetooth adapter for USB use. The wireless keyboard for final cut pro compliments it well. For logic pro 7 included is an m-audio 49 key mobile USB MIDI controller (keyboard). Comes complete with all cables, manuals, hardware and software. The unit and monitors all come complete with 3 year Apple extended warranties. All boxes and paperwork for the warranties will be included. Further, with the expectation of utilizing the edition of Final Cut Pro we purchased one year of Apple Care Professional Video Support? This is a 1-800 number which can be called anytime and final cut pro support given to the caller.
Sincerely
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