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PROBATION DISCUSSIONS
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Started by alwaysbronze,

36,203 posts in this topic

comix4fun

comix4fun

Posted
Posted

 

So can I put this person on the probation list? It was a piece of original art and everyone I've shared the story with in the hobby is demanding that I out this board member. He has stopped responding to my emails and I made it clear to him that I was putting him on probation if he did not go through with the deal and that keeping the piece was not a solution.

 

 

 

If you have solid proof (emails, PM's,etc.) that show you have a solid deal in place to buy that piece of artwork, the deal was started or agreed to on this board, and that this person sold it to someone else for more money, and it's that dead bang then I would say yes.

 

I think you'd be entitled to the profit he made over and above your contracted and agreed to price as recompense.

 

If he kept the piece or changed his mind about selling entirely before you had a chance to perform it's a hell of a lot more murky. I am not sure any court would force the sale (specific performance) without some sort of real detrimental reliance on your part, some actual damage to you other than not getting this piece of artwork.

On the CGC boards, a deal is a deal.

 

David mentioned it was off the boards, which I why I laid those caveats out there. I didn't think it was a board transaction, but it was two board members. That makes it harder to pull it into this arena unless discussions started here, continued here, etc.

 

If it was off boards he would be limited to off board solutions, which is what I gave him.

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comicdonna

comicdonna

Posted
Posted

 

So can I put this person on the probation list? It was a piece of original art and everyone I've shared the story with in the hobby is demanding that I out this board member. He has stopped responding to my emails and I made it clear to him that I was putting him on probation if he did not go through with the deal and that keeping the piece was not a solution.

 

 

 

If you have solid proof (emails, PM's,etc.) that show you have a solid deal in place to buy that piece of artwork, the deal was started or agreed to on this board, and that this person sold it to someone else for more money, and it's that dead bang then I would say yes.

 

I think you'd be entitled to the profit he made over and above your contracted and agreed to price as recompense.

 

If he kept the piece or changed his mind about selling entirely before you had a chance to perform it's a hell of a lot more murky. I am not sure any court would force the sale (specific performance) without some sort of real detrimental reliance on your part, some actual damage to you other than not getting this piece of artwork.

On the CGC boards, a deal is a deal.

 

David mentioned it was off the boards, which I why I laid those caveats out there. I didn't think it was a board transaction, but it was two board members. That makes it harder to pull it into this arena unless discussions started here, continued here, etc.

 

If it was off boards he would be limited to off board solutions, which is what I gave him.

Probation list additions for off board transactions between boardies have been allowed in the past.
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crassus

crassus

Posted
Posted

 

So can I put this person on the probation list? It was a piece of original art and everyone I've shared the story with in the hobby is demanding that I out this board member. He has stopped responding to my emails and I made it clear to him that I was putting him on probation if he did not go through with the deal and that keeping the piece was not a solution.

 

 

 

If you have solid proof (emails, PM's,etc.) that show you have a solid deal in place to buy that piece of artwork, the deal was started or agreed to on this board, and that this person sold it to someone else for more money, and it's that dead bang then I would say yes.

 

I think you'd be entitled to the profit he made over and above your contracted and agreed to price as recompense.

 

If he kept the piece or changed his mind about selling entirely before you had a chance to perform it's a hell of a lot more murky. I am not sure any court would force the sale (specific performance) without some sort of real detrimental reliance on your part, some actual damage to you other than not getting this piece of artwork.

On the CGC boards, a deal is a deal.

 

David mentioned it was off the boards, which I why I laid those caveats out there. I didn't think it was a board transaction, but it was two board members. That makes it harder to pull it into this arena unless discussions started here, continued here, etc.

 

If it was off boards he would be limited to off board solutions, which is what I gave him.

 

As I understand the written rules for PL and HOS they do not discriminate in anyway between on and off Boards transactions, neither in terms of eligibility nor in terms of process, nor, I'm assuming therefore, in terms of possible remedies.

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PovertyRow

PovertyRow

Posted
Posted

 

As I understand the written rules for PL and HOS they do not discriminate in anyway between on and off Boards transactions, neither in terms of eligibility nor in terms of process, nor, I'm assuming therefore, in terms of possible remedies.

 

Very well summed up.

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mikenyc

mikenyc

Posted
Posted

No one better walk by my blanket setup at the flea market and promise to buy my Englebert Humperdink 8 tracks, then forget and leave; you will pay dearly.

 

I vote to only include documented board transactions. (shrug)

 

 

My dooshbaggy joke is in no way meant to minimize that a boardie got screwed over. I have been victim to getting the shaft and it wasn't pleasant.

 

 

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comicdonna

comicdonna

Posted
Posted
No one better walk by my blanket setup at the flea market and promise to buy my Englebert Humperdink 8 tracks, then forget and leave; you will pay dearly.

 

I vote to only include documented board transactions. (shrug)

 

 

My dooshbaggy joke is in no way meant to minimize that a boardie got screwed over. I have been victim to getting the shaft and it wasn't pleasant.

 

 

d) A Transaction between board members is not confined to the CGC Message Boards. Any transaction between forum members, regardless of the venue, is eligible for inclusion in the PL.

 

 

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mikenyc

mikenyc

Posted
Posted
No one better walk by my blanket setup at the flea market and promise to buy my Englebert Humperdink 8 tracks, then forget and leave; you will pay dearly.

 

I vote to only include documented board transactions. (shrug)

 

 

My dooshbaggy joke is in no way meant to minimize that a boardie got screwed over. I have been victim to getting the shaft and it wasn't pleasant.

 

 

d) A Transaction between board members is not confined to the CGC Message Boards. Any transaction between forum members, regardless of the venue, is eligible for inclusion in the PL.

 

 

This is what my dog thinks of your post. In actuality nothing, as I don't have a dog. :sorry:

 

If I did, it would be most displeased with it, I assure you.

 

Also, you may be right, I may be crazy.

But it just may be a lunatic you're looking for.

 

 

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Aces

Aces

Posted
Posted
No one better walk by my blanket setup at the flea market and promise to buy my Englebert Humperdink 8 tracks, then forget and leave; you will pay dearly.

 

I vote to only include documented board transactions. (shrug)

 

 

My dooshbaggy joke is in no way meant to minimize that a boardie got screwed over. I have been victim to getting the shaft and it wasn't pleasant.

 

 

d) A Transaction between board members is not confined to the CGC Message Boards. Any transaction between forum members, regardless of the venue, is eligible for inclusion in the PL.

 

 

Does this mean BUTM will be able to add ComicLink to the PL since he "won" a comic in the ComicLink auction but isn't going to get his book because he was outbid in the "relisting"?

 

:popcorn:

 

 

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dawgwindu

dawgwindu

Posted
Posted (edited)

Hello all,

 

Regrettably it seems I am forced to nominate another member for the list.

 

On Oct. 13/2012 board member jaster-mereel started a selling thread titled 70's collection fresh to market - Charlton, Gold Key, DC, Marvel * Books Added which may be viewed here

 

The thread contained $1 books of which I took advantage off on 10/15/2012 and again 10/16/2012

 

We then began PM business and messages started as this:

 

For the books it is $106. I can ship it in two priority international flat rate boxes at $33 each. My other option is to pack it up, weigh it at the post office and ship it first class international. Your choice. My PayPal address is: censored

 

 

If you want to do the first class, pay for the books, and then we can do a second payment for the shipping.

 

Thanks!

 

Rob

 

My response:

 

Hey brother,

That's fine, we can do the 2 boxes. I just sent the payment to you, and I did include the massive list in the notes. :grin:

 

Thanks again my friend,

 

-Rob

 

So as it stands now I've sent $172 for the books and shipping on 2 boxes as of 10/19.

I then went back and grabbed some more books from the thread on 10/21 (whiched can also be viewed at the 10/16 link above) and received this message:

 

There were a few books you had on your list that were already spoken for on the thread. The go combats, the phantom stranger, and a house of mystery (246 I think). I'll get a total out to you tomorrow. Thanks again for the purchases, and your patience.

 

Understandable that some books were spoken for and I missed them, he then sends me another message stating:

 

 

Here's a list a list of what I have left, if you are interested in anything for 2/$1 let me know, I'll add it to the new stack.

 

 

 

 

Marvel presents bloodstone 1,2

Kazar 12, 17, 16, 18,

Son of Satan 1, 2, 6

Marvel chillers 2, 3

Chamber of chills 20

Vault of evil 22

Tomb of darkness 18, 23

Crypt of shadows 21

Weird wonder tales 13, 14, 18

Ghost rider 16

Supervillian team up 3, 4

In humans 2

Omega the unknown 1, 4,

Luke cage 37, 38

Fantastic four 165, 160,

Black Goliath 1

Thor 240, 241, 242, 243, 243, 244, 245, 246,

Kull 16, 20

Marvel feature (red sonja) 2, 3, 4

Red Sonja 2

Skull the slayer 1, 2, 3, 3, 4, 5

Invaders 4, 4

Nova 2, 3

Eternals 4

Man thing 22

Marvel two in one 12, 13,

Champions 2, 7

Marvel spotlight 26

Marvel premiere27, 28, 31

Supernatural thrillers 15

Giant size hulk 1

Iron man 82

Logan's run 3

Howard the duck 3, 10,

Astonishing tales 28, 33, 33, 33, 32

Iron fist 3, 4, 7, 8

Shang chi 35

 

 

 

Dc:

Kobra 3

Kung fu fighter 10, 12

Stalker 4, 4

Omac 8

Weird western tales 31, 32, 34

Weird war tales 43,

Blackhawk 248

 

 

Others:

Dr. Spector 18

Turok 101

Dagar 14, 17

Tragg 3, 7

Dennis the menace 144, 147

Sad sack laugh special 86, 87

Sad sack 248

Sarge snorkel 11, 13

Beetle bailey 113, 115

 

 

 

Thanks,

 

Rob

 

To which I respond:

 

Sure, what the hell...add these also Rob:

 

Supervillain team up 3, 4

Marvel premiere 27, 28, 31

Giant size hulk 1

Marvel presents bloodstone 1,2

Iron man 82

Weird wonder tales 13, 14, 18

Tomb of darkness 18, 23

Crypt of shadows 21

Weird war tales 43

 

Thanks buddy,

 

-Rob

 

So far everything is good, until 10/28 and I have still not seen any delivery of items as I've paid for the first batch and am awaiting for his contact on the remainder of what I grabbed from within the thread and via PM.

We finally have contact on 11/02:

 

I sent the first two packages as they were paid. The next will go out Saturday.

 

I need to send you the total for your last add on books o complete our sale. Will get that done tomorrow. Thanks again.

 

Rob

 

A little communication from me trying to get this done, as now I'm feeling this whole deal is going south...another response:

 

I think the total amount of books is 56. Let's call it $40 shipped. The last box will go out ASAP.

 

Thanks again for your patience, and patronage.

 

Rob

 

I immediately sent out the $40 via PayPal, and on 11/17 I receive a box...one box.

I'll let my next message tell the story:

 

Rob,

 

These are the books that are outstanding as of today:

From my initial "I'll take it post" on Oct.16

 

All New Ghostly Haunts: 46, 47, 52,

Ghost Manor: 25, 27, 30, 31

Fightin' Army: 121, 122,

Beyond the Grave: 2, 3, 3,

Creepy Things: 2, 3, 4,

War: 2, 3, 4, 5,

Ghostly Tales: 118, 119, 120, 123,

Many Ghosts of Dr. Graves: 54, 54,

Doomsday +1: 1, 2, 3, 4, 5,

Vengeance Squad: 3

Phantom: 67, 68

Midnight Tales: 16,

Fightin' Marines: 130, 131, 127,

Space 1999: 1, 2,

 

Spine Tingling Tales: 4

Grimm's Ghost Stories: 29, 28, 27, 26

Ufo Flying Saucers: 9

 

DC:

Manbat 2

Kobra 1, 2,

Four Star Spectacular 1

Adventure Comics 443

Tor 2, 4, 5, 6,

 

Marvel:

Giant Size Captain America 1,

Giant Size Avengers: 5,

Planet of the Apes 3, 4,

Uncanny Tales from the Grave: 12,

Journey into Mystery (1970's): 18, 19,

From my follow up "I'll take it" post on Oct.21(books in red were spoken for, I only included them for clarification)

 

Our Fighting Forces: 157, 162, 163, 164, 166,

Witching Hour: 60, 61

House of Secrets: 140,

House of Mystery: 238,246

Phantom Stranger: 41

Unexpected: 170, 171, 172, 177,

Star Spangled War Stories: 191, 192, 193, 195, 197, 198

Weird Mystery Tales: 24

Sgt Fury: 126, 128, 130, 131, 136, 147,

Jungle Action: 18,19, 20, 22, 24

Shang Chi (master of kung fu): 35,36, 37, 38,

GI Combat: 182,184, 188

 

VIA PM on Oct.28, after you let me know what was left.

 

Supervillain team up 3, 4

Marvel premiere 27, 28, 31

Giant size hulk 1

Marvel presents bloodstone 1,2

Iron man 82

Weird wonder tales 13, 14, 18

Tomb of darkness 18, 23

Crypt of shadows 21

Weird war tales 43

 

Now I'm send you this PM as I'm kind of getting a little doubtful about you my friend.

You readily excepted my prompt payment and you communication was great in the beginning...but now you get my messages (as see they're read) but you still don't respond, when you finally did respond with anything insightful it took a week.

this was the message I received from you on Nov. 2:

 

I sent the first two packages as they were paid. The next will go out Saturday.

 

I need to send you the total for your last add on books o complete our sale. Will get that done tomorrow. Thanks again.

 

Rob

 

Now this is where I'm losing my trust in you:

 

IMG_0819.jpg

 

That postal stamp says Nov. 6th, when you told me 2 boxes were sent out before the 2nd.

So I ask one last time, have my books been shipped, do you have a tracking number, and when can I expect them.

If you haven't sent them out, fine...just tell me and then tell me when.

As I've told you I can be understanding and I will be but it seems your jerking me around bud.

Please respond to this message with some answers Rob, if I don't have some contact from you on this subject by Friday Nov. 22 I'm sending this along with all our correspondence to Architecht and the other mods for review...then I'll move to PayPal and proceed there.

I really don't want to have to nominate another person to the probation list but I'm feeling like my hands are tied here.

 

All in all man, I feel like a having to even write this, just make it right and we can move past it.

Thanks for your time in reading this and I hope you understand where I'm coming from.

 

-Rob

 

And his response:

 

My brother has been helping me send the books out. I've been between California and Texas as I'm going through censored for his benefit . I really apologize for the delays. I'll make sure everything has been taken care of, and take care of you with more books, or a refund as you would see fit.

 

Rob

 

Haven't heard from him since, as of today I've filed 2 disputes with PayPal and brought the rest of the case here.

I apologize for all that have to see and read this and I apologize to you to jaster (Rob),

I really didn't want to take this route and I tried to be understanding but you really left me with no recourse on this.

I truly am sorry that you may be going through some difficulty in your life but it doesn't excuse you from it bleeding into anyone else's, I hope you resolve everything and get everything back on course.

 

Again, sorry to everyone for having to be a part of the dirty laundry being aired out.

Edited by Dawgwindu
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Speedy-D

Speedy-D

Posted
Posted

 

So can I put this person on the probation list? It was a piece of original art and everyone I've shared the story with in the hobby is demanding that I out this board member. He has stopped responding to my emails and I made it clear to him that I was putting him on probation if he did not go through with the deal and that keeping the piece was not a solution.

 

 

 

If you have solid proof (emails, PM's,etc.) that show you have a solid deal in place to buy that piece of artwork, the deal was started or agreed to on this board, and that this person sold it to someone else for more money, and it's that dead bang then I would say yes.

 

I think you'd be entitled to the profit he made over and above your contracted and agreed to price as recompense.

 

If he kept the piece or changed his mind about selling entirely before you had a chance to perform it's a hell of a lot more murky. I am not sure any court would force the sale (specific performance) without some sort of real detrimental reliance on your part, some actual damage to you other than not getting this piece of artwork.

 

I have solid proof (emails) of the above but as discussed this was off the boards.

 

I don't think I'm entitled to the profit.

 

There are no damages. Apparently this isn't the first time this guy has pulled these antics so at this point getting his name out there is beneficial to the hobby and people should know who they're dealing with when they try to do a deal with him.

 

Anyone is welcome to PM me for the story. I'm not going to out him publicly unless I can put him on the probation list.

No need to be coy about it. Part of the process of getting on the PL is this discussion thread, and that means saying who we're talking about and giving that person a chance to respond. I wouldn't feel good about "letting" you put him on the PL if you can't even say his name publicly first.

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