WARNING about Charles Podvarko- deadbeat

[79XS11F]

That SUCKS big time and hurts everyone doing business with each other on the board. I have only ever been burned 2 times and both were dead beats from e-bay. Good thing the amounts involved were not large. Perhaps you should start a policy that requires payment in advance or proof of payment for any transaction that is over an amount you deem necessary. I recently did a transaction with a lad in South Africa on e-bay. He was a new seller with little history so I sent him a scanned copy of the MO made out in his name. I did not however mail it until he sent me a scanned copy of the shipping receipt and a tracking number. As soon as the tracking number indicated that the item was received by the post office i mailed the MO. Everything went well but I figured I best cover my butt .. or make that my wallet ..
Rob

[Pat Kelly]

Maybe we should have a rally at his house. 20 or 30 of us show-up and stay until he pays.........

[XJOK2PLAY]

Andreas...

"I am disappointed with Charles and will pray for him to become a man who keeps his word. thanx andreas"

I commend you for having the proper attitude, Sir. You are indeed a gentleman and a scholar. My hat's off to you. Thanks for being a light in a dark world. We are fortunate to have you with us here.
Bob

[tbishop11]

That sucks!

What a Turd! That sucks that people are like that. I'm really sorry to hear that you got hosed.
"Shop"

[DenyP]

What a JERK! You have been great in my book Andy, I hope this LOW LIFE chokes!

Deny

[TopCatGr58]

Dear Andreas, and the membership,

Mr. Podvarko has now been summarily BANNED, both in his username, as well as his IP address which will prevent him from accessing ANY part of XS11.com, so that he will NOT have this resource for working on his machine, as well as not being able to possibly take advantage of any other XSive in the future. Just as a reminder, below is the TOS that folks agree to when they register to use XS11.com:

Although the administrators and moderators of XS11.com Forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of XS11.com Forums, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.

By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.

The owners of XS11.com Forums reserve the right to remove, edit, move or close any thread for any reason.

Mailfraud was against the law last time I checked, and therefore applies towards justification of the aforementioned administrative action.

[xssiveone]

Andreas, post his email addy... I'm sure there are enough spam-bots that cruise this, and other forums that we all belong to that can make things uncomfortable for him if we just happen to put his email addy in, say accidentally like.

I'm sorry you got burnt... never thought that would happen here.

[xsilerating]

As T.C. stated... "Mail fraud was against the law last time I checked,..."

Seems to me that, under the circumstances, a call to the local police or, a complaint with both Canada Post and the U.S. Postal Service fraud investigations would be in order.

[rpgoerlich]

Had a deadbeat pay in Arizona. Filed a complaint with the state there. Albeit $40, had to do something to get it on record.

In New Jersey, might put his name in the http://www.uradeadbeat.com/ list. They even send him a 8.5x5.5" post card advising him if of it, if you post his address.

The story here:

http://blog.nj.com/jerseyblogs/2008/12/watch_out_deadbeats_jersey_sit.html

[DGXSER]

Not that this should effect the XS11.com right to bann this jerk, but, as much as I hate to say this, the discussion of filing mail fraud charges just would not be supported by what I have read so far.

I only say this because, as I read it, only Andreas used the mail, and only to deliver the parts. The transaction itself was done entirely on Channel 11 or by email from what I have read. Unless Charlie the chump sent a letter or some mailing to Andreas promising the payment or such, he did NOT use the mail to perpetrate the fraud. I know, party pooper is me. Just hate to see someone running aorund misinformed on such a matter. Now someone who knows more come and tell me I am the misinformed.

[oseaghdha]

Wire Fraud is a Federal Crime.

WIRE FRAUD - 18 USC 1343, makes it a Federal crime or offense for anyone to use interstate wire communications facilities in carrying out a scheme to defraud.

A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and

Second: That the person knowingly transmitted or caused to be transmitted by wire in interstate commerce some sound for the purpose of executing the scheme to defraud.

It is not necessary that the Government prove all of the details concerning the precise nature and purpose of the scheme; or that the material transmitted by wire was itself false or fraudulent; or that the alleged scheme actually succeeded in defrauding anyone; or that the use of interstate wire communications facilities was intended as the specific or exclusive means of accomplishing the alleged fraud.

What must be proved is that the person knowingly and willfully devised or intended to devise a scheme to defraud; and that the use of the interstate wire communications facilities was closely related to the scheme because the person either wired something or caused it to be wired in interstate commerce in an attempt to execute or carry out the scheme.

To "cause" interstate wire facilities to be used is to do an act with knowledge that the use of the wires will follow in the ordinary course of business or where such use can reasonably be foreseen.

Each separate use of the interstate wire facilities in furtherance of a scheme to defraud constitutes a separate offense.

[TopCatGr58]

Second: That the person knowingly transmitted or caused to be transmitted by wire in interstate commerce some sound for the purpose of executing the scheme to defraud.

The above statute seems to have been written prior to the internet....ie. SOUND meaning voice communications, vs. written/text communication. I would think that a newer/updated version of the above statute is on the books, or some addendum to allow it to include internet/email type communications.
T.C.

[co1954]

What a jerk, man I was very happy with the parts I got from you and thought you gave me a really great deal, It's people like that that screw things up for everybody else. Sure sorry to hear about this happening to you. Thanks to you my XJ 1100 is almost back together. Thanks again for all your help.

[devilschld]

i am sorry to hear this. i had a problem come up once when i wanted something. the guy from the forum sold the items to someone else but i am not mad. i did not keep in touch with him. but this is different. u sent the ahole the parts and now does not respond to u at all.

[EricHa]

I also want to say that my first parts dealing here was with Andreas. Even though the parts weren't what I had needed, he sent a refund out super fast. Top notch person to deal with.