More legal lessons in order: its not harrassment if i dont have my money back or goods promised.
Also, if you dont want any emails from me, don't send an email that where you give me you adaptation of the law then say "dont send anymore emails".. Stop giving me and others a run-around and get our money back/ship parts in good condition, and i will NEVER send you any emails, I promise, scouts honor (and i was nearly an Eagle Scout), cross fingers hope to die.
Yes.. you initiated a paypal refund however after my converstion with them 1 hour ago the funds have not cleared your bank and they will give me no more info than that. I could be 3-5 days MORE to clear since you are sending from a Canadian bank.. Had you left the money in the paypal account (like sellers usually do until the item is sent) we would not be having these conversations.
Hoping for the best. Good day.
Greg
----- Original Message -----
From: darren cowan
To:
gmelka@tampabay.rr.com
Cc:
000154528@rcmp-grc.gc.ca
Sent: Wednesday, July 16, 2008 7:15 PM
Subject: RE: Just some info on that statute.
What part of DO NOT SEND ME ANYMORE EMAILS do you not understand; this is bordering on harasement. The funds cleared my account today and are in Paypals hands.
--------------------------------------------------------------------------------
To:
dcowan81@hotmail.com
Subject: Re: Just some info on that statute.
From:
gmelka@tampabay.rr.com
Date: Wed, 16 Jul 2008 19:18:14 +0000
You also called me a liar and a pos on a public forum afte I stated fact about what you did to me and others. That is slander and also a crime. If you spent half as much time with these matters earlier we all would have been much happier. Make sure my 1600 refund goes through and we can hopefully both move on with our lives. Greg Sent from my Verizon Wireless BlackBerry
--------------------------------------------------------------------------------
From: darren cowan <dcowan81@hotmail.com>
Date: Wed, 16 Jul 2008 18:42:01 +0000
To: Greg Melka<gmelka@tampabay.rr.com>
CC: James Carroll<000154528@rcmp-grc.gc.ca>
Subject: RE: Just some info on that statute.
I think you are missing the point here Greg. Read the part before the OR in the sentence you highlighted. This sentence refers to such things as sleeping peacefully, being at ease in your own home, not having to change your phone number, etc. Lawful right to do can be interpreted in many ways. I'm sure YOUR lawyer will interpret it in the way he sees fit for YOUR best interest.
Yes, I did send you a not so nice email that included some abrasive language. However, that email in no way, shape, or form threatened you or anyone that you know; that, my friend, is more than acceptable given the situation that you put me in.
As per my request in my previous email to you dated July 15, 2008, please refrain from sending any further emails.
--------------------------------------------------------------------------------
From:
gmelka@tampabay.rr.com
To:
dcowan81@hotmail.com
CC:
000154528@rcmp-grc.gc.ca
Subject: Just some info on that statute.
Date: Wed, 16 Jul 2008 00:32:09 -0400
Darren,
.. See below what you sent me..the portion that I put into underline and bold below of the statute. Even though I sent a less than nice email (as you did to me), you do not have the "lawful right to abstain from doing".. because you owe me $1,600 that you have had for 2 weeks, or a set of Marchesini wheels/rotors as you described delivered in good condition. As you have made it clear, im not worthy to receive these wheels I need my money back in full. Sure, if I was threatening you in some way as described by the statute to keep you from a lawful action I would be in violation..
Again, not trying to be a jerk but as my attorney interpreted that is the deal. I will await the refund in full and moving forward wish you the best. I know you have a bit of a mess on your hands with others not just myself. If you have questions about this interpretation, please contact Joe Russo, esq. Attorney at law.
Joseph C. Russo, Esq.
Donnelly & Russo, P.A.
3708 West Euclid Ave.
Tampa, Fl. 33629
813-832-9790
813-832-9739 (fax)
----- Original Message -----
From: darren cowan
To: Greg Melka
Sent: Tuesday, July 15, 2008 4:49 PM
Subject: RE: parts/refunds
423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
--------------------------------------------------------------------------------
From:
gmelka@tampabay.rr.com
To:
dcowan81@hotmail.com
Subject: parts/refunds
Date: Tue, 15 Jul 2008 14:28:35 -0400
i am willing to accept the marchesini wheels/rotors OR a full refund provided the parts are in/arrive in as good of condition you promised. If you ship them..i will send funds for additional insurance so if damaged you are not out. Obviously DO NOT send the wheels/rotors if damaged and do not send without purchasing the $1600 worth of insurance (should only be $30 or so more). If that will help you .. fine. Otherwise i expect a full refund as promised. ONLY use UPS (united parcel service, not fedex,dhl etc. )
Im only sending this email due to you insinuating there may be a problem with your amount of funds you presently have.. i dont want to get in a debate with you over partial refunds.
thanks
greg
----- Original Message -----
From: darren cowan
To: Greg Melka
Sent: Tuesday, July 15, 2008 1:54 PM
Subject: RE: refunds...
Your money, plus others who sent money I didn't receive, probably because of the disputes, is now showing up on my account.
My g/f didn't want to answer the phone after talking to you or whoever the hell called from Florida wanting their wheels (most likely you) because you are a dick and she didn't appreciate the threats. Put yourself in her shoes. In some ways I wish all this talk about people coming to find me did happen because I would love to get ahold of some of you fucking morons.
The last thing on my mind was PM'ing you idiots about bike parts.
--------------------------------------------------------------------------------
From:
gmelka@tampabay.rr.com
To:
dcowan81@hotmail.com
Subject: Re: refunds...
Date: Tue, 15 Jul 2008 13:42:22 -0400
a phone call or posts, a pm to ONE MEMBER involved, hell ..even telling your girlfriend to tell anyone that calls what to say would have saved everyone alot of headach. That is all im saying.
Your going to need to take some time to sort this out. $275 was never sent to you and i did recieve back for the 2nd set of wheels (stock).
----- Original Message -----
From: darren cowan
To: Greg Melka
Sent: Tuesday, July 15, 2008 1:38 PM
Subject: RE: refunds...
I realize it wasn't only you who cried fraud but it was you who sent threatening emails and called my house making my g/f uneasy to say the least. You also involved the RCMP, which was completely unnecessary. Actions like those are intolerable from my perspective. I was away from home dealing with a personal matter and have not had internet access. I don't think it is necessary to upload a boarding pass, this issue is beyond that.
As I mentioned, the parts I sold were legit, I can account for everyone's money and parts. Ask around and see if I sold two sets of Marchesini wheels, you will find I didn't because I only had one. Trust me, the interest was there.
Now, due to the number of disputes opened in paypal they apparently can't add and are trying to charge me $1000 more than I received.
--------------------------------------------------------------------------------
From:
gmelka@tampabay.rr.com
To:
dcowan81@hotmail.com
Subject: Re: refunds...
Date: Tue, 15 Jul 2008 13:05:32 -0400
Already have as yes, the $275 was kicked back to my account as your account was froze before it could get put in.
Fyi. I was not the first person to cry foul on all this. Read the threads on R6messagenet.com all 10 pages.. Please.. You will see I was actually very patient early on and posted "hoping for fast shipment of the marchesini wheels".. others later noted that the slipper clutch and crg levers had been paid for and said "wait.. I paid for that..whats up?" .. it was THEN shit hit the fan. You were not emailing back, yet somehow on July 8th someone posted you emailed them back that you said stock wheels were still for sale and they sent you money. It was then we ALL collectively cried fraud.
You can NOT operate a sale of multiple items that way. Take money then expect us to wait weeks? I may have made the most noise, but you are not without fault in what happened. I apologies for the ms13 email, but I also assumed it was YOUR email it was sent to and was not wanting to involve her. If you showed her that , it is your fault. I left NO such message on your home phone for that reason.
Just do the right thing.. ship out what you need to, I can live with the fact I wont be getting those wheels if you just follow through with the refund from your bank. Take my advice though, and handle your sales better. People get pretty upset when sellers are all over it to get money..then stop all communication after the money is sent.
greg
----- Original Message -----
From: darren cowan
To: Greg Melka
Sent: Tuesday, July 15, 2008 12:38 PM
Subject: RE: refunds...
Thanks for the tip retard.
Drop the $275 claim, you will not be seeing that money because I didn't see it.
--------------------------------------------------------------------------------
From:
gmelka@tampabay.rr.com
To:
dcowan81@hotmail.com
Subject: refunds...
Date: Tue, 15 Jul 2008 11:14:35 -0400
You do understand the money has to be put back into the paypal account from your bank that you deposited it to before any money will be refunded right? Just initiating a "refund" will not transfer money if there is no money in the account and it will be "uncleared" forever... I hope you will deposit the $1,600.00 you took out of paypal so the refund actually goes through...
greg
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