Dave's Wake Up Call

[090]

Bit of a long story so here goes.
I bought a frame on my fathers behalf by a guy named Robert. The frame was sent via USPS. He said he sent it straight away even though he originally said it would be a while before he could send it as he was in the middle of moving. No sweat. He in fact got a friend to send it for him who dealt with me originally as I bought a set of twin pipes from him via ebay ( Russell was his name). After asking the question " what else do you have " Russell informed me that he was selling the pipes for a friend ( Robert) and gave me his email address and that is how we got the frame. Now Russell sent the frame to the Aussie that bought the exhaust pipes for the twin pipe. Frame sent, cool! It had been a bit long in getting here so I sent an email asking where it was to which the reply was that it was sent ages ago and an email was sent to me with the tracking number as well. I said that I never received the email so could you send it again so I could start tracking the frame.
So a day or so later I get a phone call. You would never guess who.....Dave Alsop!!! Dave ( currently  Saabcombie on here) says ''it looks like I have your frame that you bought from the States. I said ''What? How the hell did you get that?'' Well it seems that 'ol Dave ALSO bought a set of twin pipes for his Jawa 'keeper'. Russell made the mistake of sending it to the other Aussie guy that bought a set of pipes. Christmas had come twice for 'ol Dave. A frame just turned up from America . The same frame that he put up on OZVMX asking to I.D. it.Note that he says he bought the frame for his Jawa! http://ozvmx.com/community/index.php?topic=18986.0 . The same frame that I offered to buy off him ( can't have too many frames ) that he turned down and then listed it on ebay for sale. That's right! No, he didn't get in contact with the sender to ask why he sent a frame to him.
 Anyway, so then he it sells on ebay! Lucky for me it is sold to a Queenslander that lives 20 minutes away and I also know them! Lisa and Brian . Dave told me who it was but didn't know how to contact them. I said I know them and would contact them. Understandably they weren't happy. Lisa even more so, and so she should have been. She had started collecting other parts as well.
So Dave got caught with his hand in the cookie jar. Shows you how dumb he is to think it wouldn't come back to him. He has since paid Lisa all the money back including freight and Dad now has the frame. He made out to me in his initial phone call that he had no idea how to find out who owned the frame ( he obviously can't read who the sender was which makes sense as he is illiterate) , held it for a while and sold it after a few weeks of it not being claimed. He told Lisa it was his frame that he decided to move on as he was never going to use it, also told her after the mix up (I mean when he was busted) that he also bought a frame and thought that was the one, but he has done no such thing. As a matter of fact he has asked on the forum if any one has one for sale to 'help out' Lisa http://ozvmx.com/community/index.php?topic=19503.0 . So a lot of back pedalling and lame excuses all round from Saabcombie aka Albrid-3 on ebay http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&item=120728558752&ssPageName=STRK:MEWAX:VRI.So I have heard of others being on the wrong end of a dodgy Dave deal (now there is a forum name for him.'3D' , 'Dodgy Dave's Deals! lol ) but this one has to rate up there.
Lisa was told there was a second frame that he purchased from the U.S. on it's way and thought that was it and that was his mistake. He then asked me where he could get a second frame. He has now got a wanted ad on here.
I would also assume there are grounds for legal action here as well?
 When things like this happen and I then say something about it such as the twin pipe 360 saga, even I have to wonder if it's me as I AM the common denominator. The reality ( for me) is that I have done a shit load of deals and the law of averages says you will have a small amount of sour ones. All has ended well for Dad and I this time (not for Lisa as she now doesn't have a frame). This is more of a 'buyer beware' as opposed to 'I got ripped'. And if it helps to put Dave on the straight and narrow then that would be a good thing. Dave you are well known as a dodgy dealer and you are not smart enough to get your lies straight, so its time to rethink the way you conduct yourself as this is a small community. The few people that I have told before posting here have given me some of your dodgy deals in detail that you have done. 'Nuff said.
Better than 'Days Of Our Lives'...
Cheers, Brad.

[Slakewell]

Glad it worked out for you.
yeah Dave is one of kind and I'm not to surprised by your story just about anyone who dealt with Dave has a story.

[mainline]

That's a bummer, Brian and Lisa are two of the nicest people you could hope to meet.

[bazza]

<snip>

[Graeme M]

Brad's posted his story and included all the facts as he understands them.

Further unsubtantiated allegations/rumours aren't on. This thread has the potential to go really bad, so please leave it alone.

[JohnnyO]

It's disappointing in this small tightly knit vmx community to hear stories like Brad's especially when everyone knows everyone. 

[bazza]

Graeme not allegations  i was there

[Freakshow]

I think we all get it brab and aappreciate the update, and yes i have had a deal that went weird but not to that extreme from Dave.  But on the good side it all workd out and at least you got your frame.   Better than you never getting it back.

point taken we will all check the details in the future.

thanks for the post.

[Marc.com]

Regardless of how the frame arrived at your door, you can see that the Crimes Act 1958 is quite clear about what constitutes theft. If someone for example recieved a frame and sold it on, knowing full well that they did not have legal entitlement.... finally as this matter has been settled albeit with a lot of hassle nothing much is to gained, it is worth noting that reagrdless of whether you buy on ebay, ship to the wrong address or have something double sold on you, you do have a right of recourse. 

Appropriation - defined at s.73(4) of the Crimes Act 1958 as the assumption of any of the owners rights. It does not have be all the owner's rights, as long as at least one right has been assumed(Stein v Henshall). If the owner gave their consent to the appropriation there cannot be an appropriation(Baruday v R). However, if this consent is obtained by deception, this consent is vitiated.

[Marc.com]

Bit hard to call someone a thief when his dad has the frame and the people who he sold the frame to have been compensated.
I'd call it liabless....

No, regardless of how things finally worked out, the legal point is that you 'knowingly' assumed title to goods you have no title to..... you stole them. Burden of proof is simply that you have to establish the party acted knowingly in reselling on ebay.

Under the law what should have happened, your obligation, is the wrong delivery should have been reported to the sender, the legal right you have is then a realistic charge for storage up to the value of the goods, then you can apply for ownership in lieu of storage if the sender takes no action.

[KTMaico]

I do not know this person or have had any dealings with him, but I would like to ask the following question.

Is he selling a size 32 No Fear Mx Pants?

[Nathan S]

Knowing the law is a problem?

Getting back to Brad's original post, the fact that "it all worked out in the end" would make legal action pretty fruitless from here.

[SAABCOMBI]

I am so discussed to think 09o could do this to me, and l had been in contact with the seller in USA that day and replied to his email that he sent me, and he was gratefull and very please with the way l handle it, and the truth is that l thought the frame was mine, l would never do anything in a deceitful way for my own gain, it was an innocent mistake and l have fixed, and that should had been the end of it. Goodbye to VMX.

[090]

How did you think it was yours? Are you in the habit of getting parcels you haven't paid for and selling them for a nice little profit? You need to look up the word truth in the dictionary.

[Marc.com]

Getting back to Brad's original post, the fact that "it all worked out in the end" would make legal action pretty fruitless from here.

Too true, there is no real need to persue the issue. Besides cost usually makes it not worthwhile. Most of the time you buy at your own risk as unless it is a complete bike, as Ross so kindly pointed out you will have to have good paperwork to prove what happened.