• Report: #424330

Complaint Review: SellYourBoatNow

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  • Submitted: Sun, February 15, 2009
  • Updated: Sat, March 07, 2009

  • Reported By:Hudson Valley New York
SellYourBoatNow
Unknown As Its A Secret Nationwide U.S.A.

SellYourBoatNow Possible Scam Nationwide

*UPDATE Employee: PLEASE NOTE THE TYPO I MADE IN THE TITLE OF MY POST

*UPDATE Employee: The writer of this has told you the whole truth

*Author of original report: Once again

*Author of original report: UPDATE

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While trying to sell a boat on my own which I did via cragislist This entity with out ever contacting sent me the following email messages,(cut & pasted exactly as received):
THE POOR DECISION YOU MADE, IN CHOOSING NOT TO TAKE ACTION AND GET YOUR BOAT ONTO THIS WEBSITE, IS GOING TO COST YOU A FORTUNE!

IN SPITE OF WHAT YOU THINK, YOU ARE NOT IN CONTROL OF THE SALE OF YOUR BOAT, AND THE TIME LINE THAT WORKS ON. THE BUYERS ARE! THEY DO NOT WAIT FOR YOU, AND PLAY BY YOUR RULES. YOU ARE TO PLAY BY THEIRS, OR YOU WILL NEVER SELL YOUR BOAT!

BE ADVISED THAT CLASSIFIEDS AND BROKERS ALL AVERAGE WELL OVER A YEAR TO SELL ANY USED BOAT. THAT MEANS YOU CAN EXPECT TO SPEND THOUSANDS IN EITHER CLASSIFIED ADS OR BROKER COMMISSIONS WHILE DESPERATELY TRYING TO SELL YOUR BOAT. YOU CAN ALSO EXPECT TO GET FRUSTRATED WITH HOW LONG IT IS TAKING TO SELL, AND BE TEMPTED TO LOWER YOUR ASKING PRICE. LOWERING YOUR PRICE WILL COST YOUR HUNDREDS OR THOUSANDS MORE!

HAD YOU SIMPLY REMITTED PAYMENT THROUGH THE PAYPAL INVOICE WE SENT YOU, YOU WOULD HAVE HAD THE BOAT SOLD EASILY, AND AFFORDABLY!

YOU HAVE 2 WAYS TO RECTIFY THIS EXPENSIVE ERROR:

1) REMIT PAYMENT THROUGH PAYPAL (PAYPAL TAKES ALL MAJOR CREDIT AND DEBIT CARDS)

2) CALL 1-866-357-5042 AND REMIT PAYMENT VIA TELEPHONE USING A MAJOR CREDIT OR DEBIT CARD

READ OUR "FAQ's" PAGE FOR MUCH MORE!
-------------------------------------------------------------------------
*** In addition They attempted to seek payment for services Thru my PayPal account***
Which I canceled, they again resent the same message. I not so politely told them to F off as I believe them to not be on the level and also trying to be paid for something I did not authorize nor ask for.
------------------------------------------------------------------------

They then sent the following response:
Dear Sir or Madam:

RE: Your email notifying us that you believe our website to be a scam and have "taken appropriate action"/reported it as such

It is against U.S law to damage a company or individuals reputation in the community with a reckless disregard for the truth. It is quite well documented over this company's 5 (Five) year clean business history, that this company is doing legitimate business. Your belief that this company is an illegitimate company, does not make it so. Furthermore, hundreds of current and satisfied customers, would strongly disagree with you.

It is also against U.S law to use a companies copyrighted name in published/written/broadcast content without permission to do so.

Neither of the above offenses are protected "free speech" under the 1st Amendment of the U.S Constitution.

Any harmful written content authored with your involvement appearing anywhere in print - will be considered malicious business interference, and defamation. Any broadcast content in any media, created with any involvement by you, will be considered the same. Any complaints made by you to any agency or organizations (including the BBB), that result in any limitation on our ability to conduct business, will also be considered legally actionable. Likewise, any activities/complaints/reports written or stated to any businesses we are regularly involved with in our commerce, will result in swift and strong legal action against you. Likewise, any suit you commence will result in a counter suit.

Should we become aware of you participating in any of the above activities, legal remedies will be pursued
immediately and forcefully.

You are also to refrain from authoring and/or broadcasting any partial reference to this company. Any you write will be presumed to have been designed to lead the general public to the conclusion that you are referring to this company. This means we will litigate against you if you write or broadcast even a portion of this company's name, at any time, anywhere.

All of your contact information will remain on file, should it become necessary to take legal action against you.

Should you violate this order, this company will also commence a civil action against the print/internet/or broadcast outlet you utilized to carry out your malicious interference and defamation. This department will also offer the print/internet/or broadcast outlet you utilized to damage this company the opportunity to enjoin our civil and/or criminal action against you.

Your letter today will serve as proof to any Judge in the United States of the malicious nature of your intent. Should it become necessary, we will obtain jurisdiction over you in any of the 50 U.S States in which you reside. If necessary, we will pursue a court order to collect sizable monetary damages from you. If you do not have sufficient assets to satisfy the monetary judgment we will be awarded, we will get a court order to garnish your future wages.

Consider this notice a "cease and desist" upon you, relating to all further contact, complaints, and activities you are considering undertaking. Failure to comply with this notice will bring you legal harm.

From this day forward, any further contact with this company must be made by your attorneys. Only the contact of your attorneys will be acceptable hence forth. All other contact or attempts at contact will be considered a violation of this notice. Should such violations occur, they may be used against you in court at a later date.

SELLYOURBOATNOW.COM/LEGAL
cc: dr, sk, active pending

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Dear Sir:

RE: Your allegation that we have committed "larceny" by sending you a PayPal invoice.

We advise that before making such allegations, you learn yourself on the law.

No one at any time accessed your PayPal account and/or committed larceny. The PayPal system is designed to allow companies to send invoices requesting payment to customers that contact Paypal verified merchants with service requests or inquiries (as you did). Your PayPal account was not charged or accessed in any way. We strongly suggest you call PayPal themselves and have them educate you as to the workings of their system.

Additionally, you were notified earlier of pending legal action against you, should you fail to adhere to this departments notice to cease contact with this company. We are in receipt of a new email from you. Your latest email demonstrates a failure to comply with our demand. As a result of your violation of our order, we are now prepared to initiate a civil action against you.

Should it become necessary, we will obtain jurisdiction over you in any of the 50 U.S States in which you reside. If necessary, we will pursue a court order to collect sizable monetary damages from you. If you do not have sufficient assets to satisfy the monetary judgment we will be awarded, we will get a court order to garnish your future wages. We advise that you have your attorney contact this office immediately.

You are not to make any further direct contact with this company. Direct contact by you will not be accepted or responded to. Direct contact by you will be filed and used against you in court.

Let us also remind you that any written content authored by you (or with any collaboration from you), appearing anywhere in print - will be considered malicious business interference, and defamation. Any broadcast content in any media produced with your involvement will be considered the same. Any complaints made by you to any organization (including the BBB), that result in any limitation on our ability to conduct business, will also be considered legally actionable. Should we become aware of your participation in any of these activities, legal remedies will be pursued.

Your prior email/s will serve as continued proof to any judge in the United States of the malicious nature of your intent.

This will serve as your final warning.

SellYourBoatNow.com/LEGAL
SpeedTicketBeaters.com/LEGAL
cc: dr, sk, active forward

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As I never contacted them contrary to what they say and I feel had I not caught it and authorized it by mistake they would have indeed charged me for services I never utilized nor asked for. So I'm still waiting to hear from thier lawyers, Lastly last time I checked my map I was indeed in the USA so where do they thing they are that they can threaten my into not reporting them to any government agencies or Better Business Bureau's, because IMHO they need to cease and desist forthwith.
So that's it. straight out there we should all beware of companies that act like this.
Some others have seen through their attempts to silence complaints and have gone through with posting one guy complaint was rearing a possible speeding ticket fix another complaint was something about their inability to actually sell his boat both come down to producing a positive result that they were paid for. You be the judge, I mean I believe they may have a toll free number but I was unable to actually locate a mailing address so remember buyer beware.

If your here illegally your the enemy
Hudson Valley, New York
U.S.A.

This report was posted on Ripoff Report on 02/15/2009 09:30 AM and is a permanent record located here: http://www.ripoffreport.com/r/SellYourBoatNow/nationwide/SellYourBoatNow-Possible-Scam-Nationwide-424330. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 4Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

PLEASE NOTE THE TYPO I MADE IN THE TITLE OF MY POST

AUTHOR: Steven - (U.S.A.)

PLEASE NOTE THE TYPO I MADE IN THE TITLE OF MY POST, IT SHOULD HAVE READ:

"THE WRITER OF THIS POST HASN'T TOLD YOU THE WHOLE TRUTH"!!

SORRY!

Steven Karlson
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#2 UPDATE Employee

The writer of this has told you the whole truth

AUTHOR: Steven - (U.S.A.)

Dear Consumers:

My name is Steven Karlson. I am the Sr. VP of Operations at SellYourBoatNow.com

The gentlemen that wrote the posting you have been reading above, has conveyed his side of this story. After reading it, I believe it would be best for me to set the record straight (regarding this "incident"), once and for all.

On 2/4/09 our website received the email below, requesting a free book value quote for a boat. (We removed part of the typed phone number to protect this person from continuous phone calls after internet posting):
________________________________________________________________________
-------- Original Message --------
Subject: Contact Form.
From: wst_formmailer@secureserver.net
Date: Wed, February 04, 2009 5:33 pm
To: info@sellyourboatnow.com

Name : Damon
Phone : 845-787-5xxx
Phone 2 :
Length & Make of Boat : 21.7 Trophy
Year of Boat : 2000
Price You feel boat may be worth : 5K
U.S State Boat is in : AL
Are You a Buyer or Seller : Buyer
how did you find this site : Web
Email : DRuta@hvc.rr.com
Engine make & other Comments : Boat has no Motor but is in fair to good shape
________________________________________________________________________

The author of this post failed to mention that we then provided him the free book value quote he requested. A portion of the reply email containing the free value quote is below:
________________________________________________________________________

-------- Original Message --------
Subject: RE: Contact Form.
From: info@sellyourboatnow.com
Date: Thu, February 05, 2009 2:56 pm
To: DRuta@hvc.rr.com

(If you don't see our invoice allowing you to sign up...within the hour...Check your Junk/Bulk/Spam mail folder!!)

VALUE IS $6212.......
________________________________________________________________________

We have taken the liberty of considerably shortening the book value email we sent back to this person. This was done because the remainder of the email talks about a perspective buyer we believed we had available for that particular type of boat. There was no reason to include that portion of the email in this posting. The book value response email above is only posted here, to establish for you the reader, through viewing the time/date stamp and opening content, that we did reply to this person with a free boat value quote as our website promises to do. We never charge anyone for a book value quote. We send them invoices and charge them to ADVERTISE their boat on our website.

We did make one very obvious mistake. You may notice that the person who sent us this book value quote request email, described themselves as a "buyer". The author of the post you have read above is correct that we do not provide free book value quotes to buyers. Our customer team quite obviously failed to notice that the sender described themselves as a buyer, and sent him a quote anyway.

As stated earlier the remainder of the content in the book value quote response email our company sent, went on to explain to the sender that:

a) We have a buyer we believed would be interested in the boat
b) And that the sender can sign up for our boat advertising services through the PayPal invoice we had sent him as well.

Our websites FAQ's page explains that approximately 40 percent of the time that we receive a book value quote request...We have or know of a potential buyer for the same make and model boat. This is the reason this person received an email explaining that we had a buyer interested in his boat.

Again, we admit the error of failing to notice that this person was a buyer not a seller. Therefore he would have had no interest in a buyer for his boat, as he himself was interested in buying the boat he emailed us about, not selling it.

On a side note, relating to another of this persons concerns, the reason we only provide book value quotes to sellers is a simple one. It helps protect those who are selling boats, from having someone attempt to get a lower price quote, for negotiation purposes. Our company considers sellers the top priority. We will not do anything that undercuts their ability to sell their boats at top value.

Regarding this persons accusation that we accessed his PayPal account and attempted some kind of fraud:

Those of you that are familiar with PayPal know that anyone with a PayPal account can send any email address something called a PayPal money request. In no way is a persons PayPal account compromised or accessed when you a PayPal money request is sent. It is simply a PayPal account holder (IE: us), sending your EMAIL account a note that invites you to pay the PayPal account holder through PayPal if you wish to buy what is being sold. I cannot stress this enough, in no way is the security of ones PayPal account accessed or compromised by the money "requester". If you wish to confirm this beyond my explanation, you can call PayPal (their phone number is on their website) and ask them if I am describing this correctly. They will explain to you that this persons PayPal account was not accessed by us or anyone involved with us at any time. He was simply sent a payment request email.

In closing, you can evaluate this at your leisure, but here is the bottom line:

a) Someone emailed our website on 2/4/09 looking for a value quote on the boat described in their email above.

b) That person used the name "Damon" and claimed their return email address was the one listed in their email above ending in hvc.rr.com.

c) We responded to what appeared to be a legitimate inquiry (as you can see for yourself in their email above). We did make the error of sending them a value quote on a boat they were trying to buy. We also provided them a notice of a buyer we felt would be interested in their boat (also an error, as they had described themselves as a buyer, not a seller). Our customer team sent this person a PayPal invoice offering them the opportunity to pay online through PayPal for us to advertise "their" boat. This of course was also part of the overall error, of treating this individual as a seller when he actually was a buyer. For these 3 (albeit, very minor and harmless) errors we apologize for the confusion.

The issue you as a reader should assess carefully is whether or not the writer of this posting, is being truthful when he claims no knowledge of having sent us the initial book value request email (see above).

He does not deny that that is his email address, he does not deny that he is the operator of a company called "Hudson Valley Investigations, LLC" (which is whom that email account belongs to).

So, either HE did send us this boat value request, or someone else sent it and used his identity when doing so. Once they had stolen this persons identity, the first thing they decided to do with it, was email our website for free book value quote. Obviously very unusual behavior for a criminal of that type!

So you the reader can choose to believe this person never emailed us, OR that the criminal who stole his identity decided to spend his time emailing boat websites for free valuations. In either case, we are not responsible and have done no wrong.

The writer of this post appears to work as a private investigator. If he truly believes that someone other that himself or a friend or relative sent us this book value inquiry...It might be in his best interest to find out who is using his identity and sending emails claiming his email address is their own. As opposed to spending his spare time writing false and inflammatory comments about our company on this forum.

Sincerely,

Steven Karlson
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#3 Author of original report

Once again

AUTHOR: If you're here illegally you are the enemy - (U.S.A.)

March 3, 2009

Dear Sir:

On 3/1/09 we requested that you add a retraction, within 72 hours, to your posting on ripoffreport.com, in light of the newer revelation that an email was in fact sent to this company implying that you requested we contact you. As of 12pm Pacific time 3/3/09, you have not added such a retraction to the posting on ripoffreport.com.

We respectfully remind you that the 72 hour grace period we offered expires at this time tomorrow 3/4/09. We request that you do the correct and moral thing, which is to acknowledge in the form of an additional statement in your posting, that newer information ahs come to light showing that such a misunderstanding occurred.

Please take action on this matter in the requested time frame, or we will be forced to view this as a legal matter.

So once again here we go, After doing the update two days or so ago as this seems to be a misunderstanding.... As I contend I did not contact them in regards to selling my 87 Thompson Carrera 198, Nor did they succeed in gaining a monetary fee for any services. But after they contacting me with the above facts as they presented them including that allegedly I or someone stating they were me or utilized my information. I went on line and a searched showed that they seem to entertain value quotes for sellers only, as buyers are not dealt with. and it says the quotes are free, but then why try to submit an invoice for payment for something that's advertised as free? I misunderstood that, hence its all a misunderstanding.
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#4 Author of original report

UPDATE

AUTHOR: If your here illegally your the enemy - (U.S.A.)

We request that you add this aforementioned update to your posting within 72 hours. If you have not done so, we will be forced to treat the matter as an unresolved defamation, and will be compelled to take further action.

Subsequent to the above, this entity has sent alleged proof by way of a name I do not go by from an address location far far away from me that I or someone who used my name, or someone acting as me had made such an inquiry. Therefore, this companies attempt to interact with me on a boat matter "that i did not seek" was justified, and that although some one form this entity took steps to solicit funds from me thru my pay pal account no one attempted to access your PayPal account, etc. In short, that it is all a "misunderstanding"
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