Okay the, here's the message I want to send him. What do you think:
Thank you for your correspondence dated February 25, 2009. I am pleased that you've decided to seek legal representation, as I relish the opportunity to defend myself against your baseless accusations. Perhaps I failed to mention to you that I own a marketing research consultancy, and as such, have an attorney on staff who has been fully apprised of this ongoing situation. Would you be so kind as to provide contact information for Ms. Mireille Sabatini, who you have named as your legal representative in the United States? Despite an exhaustive search of attorneys licensed to practice in both the United States and Canada, we have been unable to locate Ms. Sabatini. As we would very much like to address all future correspondence to her directly, we would appreciate it if you will provide complete contact information for Ms. Sabatini forthwith.
That being said, you might want to make Ms. Sabatini aware of the following information:
First, I too, have shared all of our correspondence with both eBay and PayPal. I have since learned that I was under no obligation to refund you any of the money you paid me, nor am I obligated to provide you with any information part and parcel to this transfer of funds, beyond that which was included with the initial transfer. PayPal has been very helpful in providing me with the necessary steps to have these funds returned to me, and I am happy to initiate these proceedings. You are of course welcome to return the funds to me voluntarily.
Second, it is important that you understand that a sales transaction -- even one between two private individuals completed through eBay -- is regarded in law as a contract in which title to property is transferred, and it is, generally, final. While I am not legally required to publicize my policies, you will find that the listing for eBay item #190262168560 clearly stipulates that "all items shipped outside the United States are FINAL SALE and are not returnable for any reason". As a merchant, I am not legally obligated to offer you (or any customer) a cash refund, credit note, or exchange in the absence of contractual terms creating such an obligation. In this case, the contractual terms of our agreement clearly stipulated that no returns would be accepted and no refunds would be provided. As I am sure your attorney will inform you, you received the funds that you did as an act of good faith; I was not obligated to provide these funds, and I will now do my best to recoup them from you.
Third, in a correspondence dated 11/17/08 you stated that "it is customary when shipping used and/or eBay items overseas to declare a value of less than $50 or to write the word 'gift' to avoid such exorbitant custm (sic) charges". In the same correspondence, you further suggest that I "resend the item to [you]" presumably with falsified customs documentation. By sending this message you have requested that I commit a crime, under U.S. Code, Section 305(a), which is punishable by "a fine not to exceed $10,000 per violation or imprisonment for not more than 5 years, or both". In doing so, you may be subject to criminal prosecution in the United States for solicitation, which is defined as the act of asking someone else to commit a crime. I am certain that your attorney will be able to provide you with detailed information regarding the criminal punishments you may face for engaging in this behavior.
Fourth, in a correspondence dated 12/2/08, you indicate that you have "recently purchased a Vuitton trunk from My Poupette costing $3,850 and paid no extra charge other than shipping and insurance. They agree that it is entirely the seller's decision whether to be cooperative with their buyers in this regard." In sending this message, you admit to circumventing customs duties on a high-value item imported by you, to the UK. A copy of this correspondence has been provided to HM Revenue & Customs. I have been assured that you will be visited by a VAT Inspector, so that appropriate civil sanctions may be taken. In the event that HM Revenue & Customs is unable to remedy this situation through civil sanctions, it is my understanding that the Revenue and Customs Prosecutions Office (RCPO) will take responsibility for prosecuting you, and you will be subject to a broad range of penalties, including but not limited to, "seizure of assets and jail terms of up to seven years". Again, I am certain that your attorney will be able to provide you with more details regarding the legal ramifications of your actions. You might also wish to contact My Poupette, as it is my understanding that this seller will also be subject to civil sanctions and/or criminal prosecution with respect to this transaction.
Finally, I have provided copies of our correspondence to my local police department. As you will no doubt note, on February 22, 2009 I respectfully requested that you cease to contact me. I made a similar request on December 2, 2008. In continuing to contact me, you are breaking the NJ Harassment Law, and can be charged with a petty disorderly persons offense for "engaging in a course of alarming conduct [and] repeatedly committing acts with the purpose to alarm or seriously annoy such other person." You have my express, written permission to email me with contact information for your attorney, Ms. Sabatini. If, however, you continue to send me messages and/or if you attempt to contact me via any other means with information beyond Ms. Sabatini's contact information, I will file a criminal complaint against you, and you will be prosecuted to the fullest extent of the law. Again, I strongly suggest you contact your attorney to determine the extent of civil and criminal punishments associated with a harassment conviction.
As I said, I welcome the opportunity to defend myself against any and all of the accusations you have leveraged against me, and I look forward to recouping the funds I transferred to you on 2/22/09.
Regards,
Danielle XXXXXXXX
Do I send or do I take the high road and ignore this fool??
You may need some counseling, Choo!
that would be so interesting I reckon!
