I found other people (well 2 for now who had same experience) who had lifetime memberships he refuses to give access to.
What do I do, get us all together, and make a website with our stories?
Contracts when dealing by email
You should certainly not consider giving this person more money if you've found them to be untrustworthy.
Ideally you would ask a lawyer how to proceed, and encourage the others to do the same; the best next move you could make would probably involve taking legal action. I can't stress how strongly I recommend speaking to a lawyer -- if you just want some initial advice on whether or not it is worth proceeding further you can sometimes find lawyers who will give a free initial consultation to see if you have a case, or barring that you could try finding a second or third year legal student who may be willing to offer some advice in exchange for a good meal and/or a slab of beer.
I get the impression however that you're going to say you can't afford a lawyer, in which case your options are severely limited; if you genuinely can't afford a lawyer (and can't tag along with someone else who can) your best bet is probably a well-written and businesslike suggestion that you will be taking legal action -- in other words bluffing that you can and will. Ideally you would point out that you have a) all the documentation, b) have found other people with similar stories who also have documentation, and will be planning to take legal action if the situation isn't immediately resolved. Unfortunately, without actually hiring a lawyer that threat would be the extent of your possible actions should this person choose to call your bluff.
You should absolutely take advantage of any feedback forms or options available to calmly and rationally explain the situation so that other people can hopefully be spared from falling into the same trap. If this person is selling on the Unity marketplace you should report them and explain the situation, and they will likely have their content removed and account banned. Be sure to remain calm and explain the situation as clearly and concisely as possible, and do not get dragged into a public argument with this person where they might have the chance to make you appear unreasonable. Again, you should also encourage others in the same situation to do the same, being sure to strongly suggest everyone remain calm and clear and to try to keep emotions away from it. If you're planning to take legal action you should wait until you have spoken to a lawyer before doing this, and if you're planning to pretend you might take legal action the same applies -- you may gain some additional leverage by suggesting you can create a PR problem.
Really though -- and sorry to repeat myself so much -- you should seek proper legal advice about this, otherwise you're unfortunately probably just going to have to cut your losses.
Ideally you would ask a lawyer how to proceed, and encourage the others to do the same; the best next move you could make would probably involve taking legal action. I can't stress how strongly I recommend speaking to a lawyer -- if you just want some initial advice on whether or not it is worth proceeding further you can sometimes find lawyers who will give a free initial consultation to see if you have a case, or barring that you could try finding a second or third year legal student who may be willing to offer some advice in exchange for a good meal and/or a slab of beer.
I get the impression however that you're going to say you can't afford a lawyer, in which case your options are severely limited; if you genuinely can't afford a lawyer (and can't tag along with someone else who can) your best bet is probably a well-written and businesslike suggestion that you will be taking legal action -- in other words bluffing that you can and will. Ideally you would point out that you have a) all the documentation, b) have found other people with similar stories who also have documentation, and will be planning to take legal action if the situation isn't immediately resolved. Unfortunately, without actually hiring a lawyer that threat would be the extent of your possible actions should this person choose to call your bluff.
You should absolutely take advantage of any feedback forms or options available to calmly and rationally explain the situation so that other people can hopefully be spared from falling into the same trap. If this person is selling on the Unity marketplace you should report them and explain the situation, and they will likely have their content removed and account banned. Be sure to remain calm and explain the situation as clearly and concisely as possible, and do not get dragged into a public argument with this person where they might have the chance to make you appear unreasonable. Again, you should also encourage others in the same situation to do the same, being sure to strongly suggest everyone remain calm and clear and to try to keep emotions away from it. If you're planning to take legal action you should wait until you have spoken to a lawyer before doing this, and if you're planning to pretend you might take legal action the same applies -- you may gain some additional leverage by suggesting you can create a PR problem.
Really though -- and sorry to repeat myself so much -- you should seek proper legal advice about this, otherwise you're unfortunately probably just going to have to cut your losses.
I found other people (well 1 for now who had same experience) who had lifetime memberships he refuses to give access to.
What do I do, get us all together, and make a website with our stories?
No. That could be regarded as slander. Slander is not good recourse.
Author
Ugh. yea I'm a student and yea it's not a lot of money it was the moral of the story, he tricked me into buying it under false pretense, I wasn't going to, I declined initially. I wondered about small claims court but probably not worth it. I still got a lot of content but him selling something as one thing as an incentive to get people to buy it right on the spot and delivering something else over time is wrong, unprofessional, and I can't imagine it's legal with his wording of what he was selling.
I was able to track back most of my raving reviews I left and I edited them to say "positive review removed". Nothing negative. It's not worth it, he just really pissed me off offering me yet another "good deal" (instead of another $250, just $145) for something I was under the impression(via his wording) I already bought when I gave him money! If it's not the clearest case of false advertising then what is?
As for slander is a youtube video of my email chain slander? It's his writing not mine and shows paypal receipts for his invoices. I re-emailed him our conversation and posted in a thread from another customer who went through the exact same situation, then I got 2 pms from other people who went through the same situation after seeing my post off that obscure forum.
I was able to track back most of my raving reviews I left and I edited them to say "positive review removed". Nothing negative. It's not worth it, he just really pissed me off offering me yet another "good deal" (instead of another $250, just $145) for something I was under the impression(via his wording) I already bought when I gave him money! If it's not the clearest case of false advertising then what is?
As for slander is a youtube video of my email chain slander? It's his writing not mine and shows paypal receipts for his invoices. I re-emailed him our conversation and posted in a thread from another customer who went through the exact same situation, then I got 2 pms from other people who went through the same situation after seeing my post off that obscure forum.
yea I'm a student and yea it's not a lot of money it was the moral of the story, he tricked me into buying it under false pretense, I wasn't going to, I declined initially. I wondered about small claims court but probably not worth it.
Sadly - the truth of the situation is that this is probably the real answer over all.
I must apologise for disappearing on you - work commitments. The reason I was asking you to track down the information from other people was for the following reasons:
From a resolution perspective.
- Was there an establishable pattern of (mis)behaviour with regard to same dealings. If there was a pattern - had any of the people obtained a resolution to the problem thus providing a possible solution.
- In the event of others being also caught up by this (as appears to have happened) did any of those people reside in the UK? - This point is somewhat interesting as legally pursuing i.e. small claims court, someone in the same country might have provided an opening of possible exploration leading to resolution.
From a punitive aspect.
- Establishing a document trail of several cases in the same situation would strengthen your ability to take effective action. At that point you would really want to consult a lawyer simply to ensure you don't step over a line.
Possible avenues of notification/information:
- The Offices of Fair Trading: http://www.oft.gov.uk/
- The Trading Standards Institute http://www.tradingstandards.gov.uk/
get the impression however that you're going to say you can't afford a lawyer, in which case your options are severely limited; if you genuinely can't afford a lawyer (and can't tag along with someone else who can) your best bet is probably a well-written and businesslike suggestion that you will be taking legal action -- in other words bluffing that you can and will. Ideally you would point out that you have a) all the documentation, b) have found other people with similar stories who also have documentation, and will be planning to take legal action if the situation isn't immediately resolved. Unfortunately, without actually hiring a lawyer that threat would be the extent of your possible actions should this person choose to call your bluff.
This is an avenue that can work quite successfully - The caution you need to take is to make sure you are inline with the bolded section. Don't let emotionalism get in the way and avoid using statements that say something that you cannot support with documentation.
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. This can be also any disparaging statement made by one person about another, which is communicated or published, whether true or false, depending on legal state. In Common Law it is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).[sup][size="2"][[/sup]
[/quote]
Theoretically - So long as you do not make claims that are false, and make only statements that you can support with documentation and do so in the belief that you are telling the truth. Then you MIGHT be fine. However - SEE A LAWYER - and take into account that defamation laws in UK and The USA will differ.
At the end of the day it really does come down to the following - you got burned, it doesn't feel nice and the inability to take effective action can be annoying. As you have pointed out - You have obtained some stuff of real value to your needs. My basic advice is you haven't been taken for a large amount of money (relatively speaking it may seem so) - learn from it and move on. You do have some avenues that you could pursue and if you choose to do so then by all means I wish you the best of luck - but don't get your hopes up..it might simply come down to simply notifying the appropriate body in the UK who monitors and polices these types of activities and providing them with the information you obtained.
[/quote]
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)
Right, I erred when I said "slander." I forgot the old mnemonic device I was taught - "slander is spoken."
Theoretically - So long as you do not make claims that are false, and make only statements that you can support with documentation and do so in the belief that you are telling the truth. Then you MIGHT be fine. However - SEE A LAWYER - and take into account that defamation laws in UK and The USA will differ.[/quote]
Right.
Congratulations - I am glad you found a resolution to the matter without too much drama (or cost). Could I make a suggestion that you re-edit your above post again and put the basics of what you did and the feedback received from the other posters so that future thread readers (in similar circumstances) can see how you resolved this i.e. a summary of the situation's resolution and how it was achieved.
Could I make a suggestion that you re-edit your above post again and put the basics of what you did and the feedback received from the other posters so that future thread readers (in similar circumstances) can see how you resolved this i.e. a summary of the situation's resolution and how it was achieved.
I don't think it's good to do all that much editing. Simply a posting of the summary would be a great idea.
Edit to add: Note that I made an erroneous posting above - I later posted a correction (I didn't go back and edit the initial error, although I could have).
[quote name='Stormynature' timestamp='1337203999' post='4940775']
Could I make a suggestion that you re-edit your above post again and put the basics of what you did and the feedback received from the other posters so that future thread readers (in similar circumstances) can see how you resolved this i.e. a summary of the situation's resolution and how it was achieved.
I don't think it's good to do all that much editing. Simply a posting of the summary would be a great idea.
Edit to add: Note that I made an erroneous posting above - I later posted a correction (I didn't go back and edit the initial error, although I could have).
[/quote]
True. My thinking was more about his restoring his previous post to a degree before he edited it down to a resolved with the explanation effectively been rendered storyless (by having edited it out), hence a re-edit suggestion. I agree with you though, a summary is more suited to a new post.
This topic is closed to new replies.
Advertisement
Popular Topics
Advertisement
