Respawned Electronix respawnedelectronix professionally refurbished junk Loganville, Georgia

As of this date, any further contact from you, Frank Corona, or any other associates affiliated with you, will be construed as harassment, in violation of:

O.C.G.A.

16-11-39.1

16-15-90

and the approprite law enforcement agencies will be notified.

This person, Mike Caruso of Augusta Georgia and many other places he has lived ( moves as much as he changes company names, which is a lot ) is not just a Jack of all trades and a Master of NONE but a BIG scammer as well. Has more eBay accounts than Carter's has Liver pills and is the worst seller you can imagine. The man steals all artwork of the items he lists and then has the nerve to put "theft prevention watermark" on the items. Has tried to get my 13 year old daughter into conversations with him ( Only God knows how far that would have went!) and is being investigated by 2 federal law enforcement agencies. Yes, that's right, two! Had the nerve to sell replica government License Plates on eBay ( His latest "trade" ) including ones with the presidential seal that they use in motorcades. No joke, this guy would sell these to anyone with $17.95, including terrorists. He simply does not care. As you can see by his responses to this poor family he ripped off he is nothing but an arrogant scumbag. No decency at all. He should be ashamed! That poor kid. It was his Christmas gift.

So if you ever run accross this guy avoid him at all costs!

I have every right to cite my experience under the first amendment, which perhaps you lawyer should brush up on. I made a posting of my truthful experience and have no concern about your threat of lawsuit. I purchased a professionally refurbished Xbox from respawnedelectronix and after less than 4 months of general use, it failed to a red-ring of death condition. This is fact, I can back it up, and it is indisputable. I have every right to post this. You have $90 of my money and I have a paperweight.

By the way you sent me to a link to xbox360ps3repair.com in an email and mention it as an associated entity, which in itself establishes association. Your lawyer needs to brush up on law.

 To Dave,

You said, " Nothing in my report above is false, and I have everything I need to back it up. "

* I have the PayPal purchase receipts.

Your paypal purchase receipt shows that you purchased your ebay item on 12/1/12 this validates your 60 day warranty as begining on 12/1/12 and ending on 1/30/2013. I am glad that you have a copy of this because I will be presenting your paypal receipt as my evidence.

* "a screen shot of the eBay auction"

This screen shot shows the details of your 60 day warranty which you agreed to, the date you purchased the item, again the begining of the 60 day warranty you agreed to. Again, not something that will work in your favor as it shows when your 60 day warranty began, what you agreed to in the listing, and where our and Ebay's obligation to you ends.

*email correspondence, dated photographs of when the gifted Xbox was opened, rental car receipts (for my family’s holiday trip), hotel receipt (for my family’s holiday trip), my son’s school schedule, and his attendance records.

Yes, I have all of the email correspondence as well, however, You are missing one all important fact. . . . All of that you just stated is irrelevant as your warranty began on 12/1/12 and ended 60 days later. Where you went, cars you rented, your sons school schedule, attendance records, have absolutely no bearing on this issue whatsoever. The notion that you were on vacation, rented a car, your sons attendance record, has any bearing on a 60 DAY warranty which you agreed to is ridiculous its nothing more than smoke and mirrors. It only serves to weaken your position, and further illustrates exactly how unreasonable you are.

The simply fact remains that you purchased an xbox360 console on 12/01/12 with a 60 day warranty, nothing more.

You reported an issue with your console nearly 5 months after your purchase and you would only be satisfied with a free repair & free shipping both ways nearly 5 months after your purchase. Even though we were under no ongoing obligation to you, we tried to work with you and you would have none of it. All of this email correspondence that we both have shows that as well.

There are some facts, however, that I have been made aware of after consulting with our attorney.

First, in your email to us via at&t dated 4/22/2013 you announced your intention to defame us or as you put it . . .

"I am going to plaster you and your company’s name everywhere I can on the internet and cite this experience."

and then following thru on your threat here makes what you have done here not only actionable in court in a libel lawsuit, it also may qualify under State and Federal Cyberstalking laws.

Further, my attorney tells me that your only purchase was under ebay id respawnedelectronix which is a seperate entity entirely other than xbox360ps3repair.com

You have never done business with xbox360ps3repair.com. No money has changed hands or business transacted between you David Costa aka diverdavemc and xbox360ps3repair.com Your words of defamation here against xbox360ps3repair.com have no merit or legal basis and as such are libelous and also actionable in court.

We will not respond here again and you can have all of the page space you wish to continue to provide evidence for me to present in court.

I can promise you that we will not tolerate anyone defaming us unjustly in any media. The wheels of justice turn slowly, but they do turn. Eventually you will be dealing with this in court and I can guarantee you that when we find the bottom of your deep pockets you will think twice before you defame anyone unjustly again.

Semper-Fi

Nothing in my report above is false, and I have everything I need to back it up. I have the PayPal purchase receipts, a screen shot of the eBay auction, email correspondence, dated photographs of when the gifted Xbox was opened, rental car receipts (for my family’s holiday  trip), hotel receipt (for my family’s holiday trip), my son’s school schedule, and his attendance records. And… I would be happy to post them all, and/or present them in court. Good luck with that Mike.

Addendum: I have also located my son’s after-school practice schedule, and his weekend game schedule. I also have numerous witnesses that can attest that the purchased Xbox remained in the original shipping box until a few days before Christmas, and most importantly I have the RROD Xbox which shows no signs of misuse. My claim is simple and indisputable. I purchased a professionally refurbished Xbox from respawnedelectronix and after less than 4 months of general use, it failed to a red-ring of death condition. This is fact, and I can back it up.

Hello, My name is Mike Caruso, an electronics technician at Respawned Electronics.

Since I have detailed knowledge of this issue I wish to give a reply here to the allegations that David C**** or ebay id: diverdavemc has made.

We here are perfectly fine with statements of fact, however when the person doing the reporting is reporting the "facts as they see it", or how they wish it to be, and intentionally omit certain facts to purposly jade the reader, then the record needs to be set straight and to that end I offer the following;

An Ebay auction listing is a legally binding agreement, the terms of which both parties, the seller and the buyer, are legally bound to.

As the seller in this agreement we were obligated to repair for free any issue that may arise with the xbox 360 for 60 days from the date of purchase. An obligation which we honored.

As the buyer Mr. C**** agreed that should the console require service that he would return it to the service center for repair. He also agreed that there was no other warranty stated or implied in the listing.

Below are the details of his purchase:

Date of Purchase 12/01/12

Ebay ID diverdavemc

Purchase Price $89.99 free shipping

Warranty expiration 1/30/2013

We were first contacted by diverdavemc or David C**** via ebay email on 4/19/2013 in which he claimed that the console had red ringed and ASKED for us to repair the console.

Facts:

Ebay offers unparalleled buyer protection with their Buyer Protection Program. For 45 days after the sale of any item the buyer simply has to return the item for a full refund no question asked, further we extend that protection with our warranty for 60 days from the date of purchase.

This sale is so old, and so out of warranty that Ebay maintains no interest in this item as they and we have both fulfilled our obligation to the buyer, Mr C**** aka diverdavemc. 

1) At the time of his 1st email to us dated 4/19/13, it had been 101 days since his purchase, and his console was well out of the agreed 60 day warranty. When Mr. C**** emailed us on 4/19 he already knew that the console was well out of warranty as he made no such warranty claim during the 60 day warranty period.

Mr. C**** states above, and I quote " I contacted respawnedelectronix about the failure, and was notified that the 60 warranty had past, and to PURCHASE repair service through them, with a $10 discount."

2) Mr. C**** was never told that he HAD to purchase a repair service. The fact is that as a courtesy, Mr. C**** was offered an "out of warranty repair" at a 20% off or $10.00 discount. This is merely Mr. C****'s version and again a veiled attempt to jade the reader here by "constructing" the facts in a fashion favorable to him.

In his email reply to us via AT&T, he even went so far as to say and I quote "It looks like it is only a $5 discount since you are offering everyone 10% off $50.00. Not to mention I have to pay for shipping there and back."

There are those that see the glass half full and those that see the glass half empty.  Mr. C**** simply says " Where is my free glass? "

During our dialogue with Mr. C**** he was contentious right out of the gate questioning our integrity, casting aspersions and making allegations against us. Soon it became clear to us that the only way to placate him was to pay for shipping to the service center, repair the item for free, and then pay to return the item to him. These demands and mindset from Mr. C**** are not anywhere near reasonable.

I believe that Mr. Costa's intent was to become so demanding and unreasonable that we would give him whatever he wanted simply to be rid of him. Our business ethic and conduct is morally straight and Mr. Costa was treated fairly throut this entire event. Giving in to a bully is never going to be a path we will choose to take.

Although we were not under any continued obligation to Mr. C**** here is the math of the "out of warranty repair"  we offered to him as a courtesy:

* A reball service is $49.99 less . . .

* A 10.00 off coupon for Mr. C**** is $39.99

* Less the return shipping USPS medium flat rate box to return the item of $15.45 leaving us $24.54 less $6.50 in material cost is $18.04, and 3 hours of labor & including another 60 day warranty on our work. This apparently was not good enough for Mr. C****.

He did mention in his email that he was " going to crack it open to repair it ". I told him that it was a complicated piece of electronics and that his attempts would most likely render the console irrepairable. I suspect that this is what his tampering has done and this "complaint" is him venting his misplaced frustration.

If you read between the lines in Mr. C****'s complaint you will notice that he repeatedly overexplains how the console was not used much, quote "This Xbox wasnt even played on until 12/27/12 since we were jumping around to relatives throughout the holidays. Then we went on a short winter vacation while my son was off of school. So effectively this Xbox didnt get general use until the second week of January 2013. With school, sports, family gatherings and other activities " endquote

It has been my experience that whenever anyone "overexplains" an issue it is to validate or bolster up an untruth, otherwise the truth would speak for itself and no overexplanation would be necessary. Clearly this is what is happening here.

Regardless of that fact the warranty he agreed to is based upon 60 days from the date of purchase, it is not based upon use as the console does not have a mileage meter.

Every once in a while we run into someone that refuses to get out of the way so we can help them. It's regretable that Mr. C**** chose to behave in this manner.

In Mr. C****'s last email to us via At&t he states and I quote "I am going to plaster you and your company’s name everywhere I can on the internet and cite this experience."

It is one thing to state facts, that is freedom of speech, it is quite another intentionally defame a business thru a libelous statement of defamation, casting aspersions in an open public forum.

Since you were foolish enough do document your intentions to us in an legally admissable email and then followed thru on your threat  here, do not be suprised when you receive registered mail regarding a libel lawsuit for damages via the Lake County Courthouse. I will let you wonder about when that will happen.

Govern yourself accordingly.

Post Script#

Should anyone wish to discuss this in person with Mr. C**** I suspect you can find him at the local car dealership in his home town, standing next to his broken car, 30 months into his 24 month warranty, demanding free service, as he claims to only have driven it to church every other Sunday.