EricaH 0 #1 June 24, 2003 So here's the situation. I live in Chicago & purchased used gear from skydivers in California in October last year... off of Enclave. In the negotiations I asked that the cypress had had it's 4 or 8 year update, depending on it's DOM. The seller told me via e-mail that it had had it's 8 year update in May. This April, during a reserve repack, my rigger informed me that it was infact out of date. So, I had the Cypress sent in & my dzo payed SSK. I let the seller know the situation & they agreed (again via e-mail sent in mid May) that they would send me a check for what they would have had to pay for the update (less than I'm paying... but no big deal). I gave them a fedex acct # so the check mailing could be tracked & my address. Now its 6 weeks later & I've heard nothing. My dzo is ok, but getting a tad anxious & would like to be paid back. On a personal level, I've asked them to hold onto the Cypress until I pay (I hate owing people $$) & so am jumping w/o a AAD. I've sent at least 3 e-mails & called 2x w/ no response. I know they were having some personal issues earlier - but it's been over a month... I don't know what to do. Any advise? There is no can't. Only lack of knowledge or fear. Only you can fix your fear. PMS #227 (just like the TV show) Quote Share this post Link to post Share on other sites
kevin922 0 #2 June 24, 2003 Um, well sometimes S*IT happens.. sounds like that may be the case here. From a legal perspective, if you had this in writing (and it was very well documented as to what you were getting and what you actually got, etc) then you could probably take some kinda action - but then again it was an email so i don't know how well that stands up. Guess its one of those buyer beware situations good luck Kevin Quote Share this post Link to post Share on other sites
Cornholio 0 #3 June 24, 2003 Hey I'm in California. I got some friends... Got an address ?? Try to find out what dz they go to and then call up the dz and see if they can harrass the person into making things right with you. Or PM one of us Norcal people and maybe we know the person and can talk to them. Butthead: Whoa! Burritos for breakfast! Beavis: Yeah! Yeah! Cool! bellyflier on the dz.com hybrid record jump Quote Share this post Link to post Share on other sites
PhillyKev 0 #4 June 24, 2003 If they lied about the maintenance in the first place, doubt they're going to make good now. Quote Share this post Link to post Share on other sites
skydiverbrian 0 #5 June 24, 2003 Kev is right. Usually skydivers are a very trustworthy group, but there are bad apples. This is one of them. Another lesson from the school of hard knocks. In a world full of people, only some want to fly... isn't that crazy! --Seal Quote Share this post Link to post Share on other sites
hookitt 1 #6 June 24, 2003 Yo Peeps I'm pretty certain there was a communication break down here. The individuals are not bad apples in any way. This will get resolved TimMy grammar sometimes resembles that of magnetic refrigerator poetry... Ghetto Quote Share this post Link to post Share on other sites
Gawain 0 #7 June 24, 2003 QuoteKev is right. Usually skydivers are a very trustworthy group, but there are bad apples. This is one of them. Another lesson from the school of hard knocks. I generally agree, but to another point, when I moved to SoCal a little over a year ago, and had a reserve repack done, the rigger informed me that my Cypres was due for a battery in August 02. When I looked at the packing data card, and when the last service had been done, I was certain that he was incorrect. So I reviewed it with another rigger. He validated my conclusion. In fact, it was due for battery and 4 yr check April 03. I think riggers can be distracted on such matters and wonder if this rigger was reading everything correctly. It's a left field theory, but if it could've happened to me...then... So I try and I scream and I beg and I sigh Just to prove I'm alive, and it's alright 'Cause tonight there's a way I'll make light of my treacherous life Make light! Quote Share this post Link to post Share on other sites
skydiverbrian 0 #8 June 24, 2003 QuoteI'm pretty certain there was a communication break down here. The individuals are not bad apples in any way. This will get resolved I hope so, for Erica's sake. I bought all my gear online, from complete strangers, and sent certified checks or money orders prior to receiving goods. I've never had a problem. I trust skydivers. In a world full of people, only some want to fly... isn't that crazy! --Seal Quote Share this post Link to post Share on other sites
EricaH 0 #9 June 24, 2003 Thanks for all the input - I've said it before & say it again... I love my new family!!! I did have 2 other riggers check out the update card before having it sent to SSK - so that doesn't work, though I wished it was the fact These are really good people - everyone that knows them likes them & are suprised it's taken this long. I'm sure it'll get resolved - but in the meantime, I have to be extra careful to protect my head during free fall & exit & each weekend avoid my dzo @ settlement time. I'm certain they didn't intentionally lie during the sale, they were as suprised as I @ being out of date. & it's been a communication breakdown. Thank you for your help & input you big helpers, you! One story... when I was trying out the gear in October - Chicago weather was crappy as usual. The seller sent me the Cypress manual along w/ a baggie that had "california sunshine" written on a card inside... sure enough; the next weekend we had 1 whole day of sunshine. There is no can't. Only lack of knowledge or fear. Only you can fix your fear. PMS #227 (just like the TV show) Quote Share this post Link to post Share on other sites
lawrocket 3 #10 June 24, 2003 Legally speaking, "buyer beware" isn't something that is a fully recognized legal doctrine in CA. If this seller is in california, and you've got the e-mail from them saying that they'll pay for the CYPRES maintenance, then you should think about a small claims action. You've got the address and telephone of this clown. Go for it. On the other hand, you are in Chi-town, and it may cost more to go after them in court than the check. And, there is no guarantee that they will pay you a judgment (little known fact: a verdict against doesn't mean that they have to pay - you gotta collect it). My suggestion would be to find out where they jump and start talking to other jumpers at their DZ. Let them know how unfortunate it is that these guys cannot be trusted with something as simple as money, and if they cannot even make good on their money obligations, well... My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Cornholio 0 #11 June 24, 2003 QuoteMy suggestion would be to find out where they jump and start talking to other jumpers at their DZ This ball is already in motion on this one, guys. I doubt this will end up in court. I personally know the individuals (as well as others here) and the matter will be resolved. Thanks for your concern. Butthead: Whoa! Burritos for breakfast! Beavis: Yeah! Yeah! Cool! bellyflier on the dz.com hybrid record jump Quote Share this post Link to post Share on other sites
EricaH 0 #12 June 24, 2003 QuoteThis ball is already in motion on this one, guys. Thank you, Matt & others!! No drastic measures will need to be taken, I'm certain. Though lawrocket, that is good info to have... every tid bit of knowledge is useful, just not sure when or how There is no can't. Only lack of knowledge or fear. Only you can fix your fear. PMS #227 (just like the TV show) Quote Share this post Link to post Share on other sites
lawrocket 3 #13 June 24, 2003 Mr. Holio: You are a gentleman and a scholar, and there are damned few of us left. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
