FS Aqualung Legend LX acd supreme

[Divin'Papaw]

​

This seems appropiate in this case. I think everyone will agree.

I agree. All he needs to do is PM zransom and make arrangements to make things right. No need to post in this thread.

 

[SDIVER679]

Zransom would have to personally serve him in small claims court.

 

[mike_s]

I agree. All he needs to do is PM zransom and make arrangements to make things right. No need to post in this thread.

MRTZ is listed as "NA" under his status. Banned

I don't know if he can even log on and respond to PM. Maybe Anne Marie can answer that. (one of the other reasons I posted his email address mrtz@aol.com in case it's needed).



also... BTW... I went out and checked and Ann Marie has already closed his other threads where he had stuff for sale so that nobody else gets screwed. (she did this while this was waiting to get resolved.) Hat's off to her for that.

 

[Divin'Papaw]

MRTZ is listed as "NA" under his status. Banned

I don't know if he can even log on and respond to PM. Maybe Anne Marie can answer that. (one of the other reasons I posted his email address mrtz@aol.com in case it's needed).



also... BTW... I went out and checked and Ann Marie has already closed his other threads where he had stuff for sale so that nobody else gets screwed. (she did this while this was waiting to get resolved.) Hat's off to her for that.

Good point. Thanks for the clarification. I'm pretty sure Zach has his email, but thanks for posting it just to make sure. Unfortunately, as of the last time I'd spoken to Zach, he is not receiving any responses to his emails.

 

[mike_s]

Would not the fact that he mailed (via USPS or UPS, etc) an item that he sold that was not what he advertised/represented be considered "Mail Fraud"

US CODE: Title 18,CHAPTER 63—MAIL FRAUD.


The purchaser could file a complain with the US Postal Inspection Service
https://postalinspectors.uspis.gov/

Here is the USPS Complaint form he can fill out.
https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx


FYI... The FBI Website includes other carriers (UPS, FedEx, etc) to be included in the Mail Fraud Statute.

from FBI Website on Internet Fraud

The Mail Fraud statute--18 USC 1341--makes it illegal to cause anything to be sent through the U.S. mails in furtherance of a scheme to defraud. For the purposes of this statute, items sent via commercial carriers such as FedEx, United Parcel Service (UPS), DHL, and others also implicate the Mail Fraud statute.

Implicit in both statutes is the making of a false statement. It is not necessary that the person executing the scheme be the one who initiates the mailing or use of interstate wires--causing others to take such action is sufficient to violate the statute. There is no dollar-value minimum in either of these statutes. Both are felony-level crimes, punishable by up to five years imprisonment, plus fines of up to $250,000.

I think it's time for MRTZ to be getting a certified check as refund in the mail. Overnight mail.... to include shipping costs....

 

[zransom]

I am unfamiliar with how the small claims process works, do you guys or gals have any input?

 

[NCMermaid]

I am not an attorney, but the small claims process is pretty simple in most states. If you Google "small claims court" plus the name of your state, you will generally be taken to a website which will provide a guideline for filing a claim. In my state, you must sue the person in the county in which they live so this might be a challenge. Of course, as we are all learning, this is an amazing community of supportive divers who go out of their way to protect our own! MRTZ has already suffered the loss of his forum privileges (hopefully forever) due to our efforts. I guess what I'm getting at is that someone out there has done business with this guy in the past and probably knows where he lives and what his name is. Worst case scenario, you are out the money you paid for the reg you didn't want but can turn around and sell it (with a legitimate description) and I bet there is a buyer. Good luck and I think you have already realized you've got a LOT more friends than you ever imagined! We should all get together and DIVE!!! Everyone on this thread sounds like the type of buddy I'd want to have with me!

 

[SDIVER679]

Speaking from experience t is a very big hassle.
You have to go to the jurisdiction where transaction took place and file in small claims court. Since you are the plaintiff you cannot serve the defendant. You have to get a process server to do it.
After the defendant is served a trial will take place within 60 days.
Since it is small claims no attorneys are present. Just plaintiff vs defendant. At time of trial you explain your side defendant explains his side. If plaintiff wins defendant has 30 days to file ppeal. If appeal filed another trial will be set. Same process. If defendant wins your out of luck. Plaintiff has no appeal. If plaintiff wins you obtain a judgement in the amout of the regulator plus court costs about 50.00. If defendant does not pay within 30 days you have to go back to court and ask the judge to have another hearing to find assets again this all takes time. It can go on and on and on. So my thought to you and what ive read your a poor college student just forget it. Probably not what you want to hear, but that is my suggestion

 

[mike_s]

seeing how this thread started with MRTZ saying....

Purchased new from lp august 2007 total of nine dives on reg. Serviced in november 2008 havent used since. Octo is legend as well 435.00 plus 15.00 shipping. Will include reg bag with purchase questions @ mrtz@aol.com

And the reg came in with missing parts and corroded threads...

I received a standard Legend non lx non supreme. The octo and 2nd stage have fairly substantial scratches and the threads on the yoke are corroded. The octo is missing the exhaust port. .

I'm betting he lied about having it serviced in 2008 and "not used since".

I'd have this reg serviced before using if you don't get a refund. I know it sucks, but no telling what other parts might have issues.

maybe there is some LDS out there that could help you out with this.... (Hint, hint to any LDS, as the purchaser is a college student that most likely doesn't have a big purchase budget for dive gear).

 

[Ann Marie]

MRTZ is listed as "NA" under his status. Banned

I don't know if he can even log on and respond to PM. Maybe Anne Marie can answer that. (one of the other reasons I posted his email address mrtz@aol.com in case it's needed).

Members that are banned are not able to log on to view PMs, posts, or to reply.

I'd like to reiterate that ScubaBoard does not attempt to verify any offers or claims. Therefore, we offer no warranty or guarantee, expressed or implied on the seller's validity, reputation or the quality, availability, serviceability, safety or usability of any product listed in this forum. Also, we will not attempt to provide any resolution to claims or counterclaims generated by the use of this forum. The Staff at ScubaBoard is not attempting to moderate this transaction but is merely acting on the accusations of fraud.

I would like to remind members to be "buyer-beware"; ask for photographs, pay for goods using a service that offers buyer protection, and obtain other means of contacting/identifying the seller. Thankfully, we've had very few problems here on ScubaBoard but it never hurts to protect yourself from fraudulent sellers or buyers.