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Topic: SCAM - Coinabul owe me 81btc - page 20. (Read 61619 times)

member
Activity: 84
Merit: 10
Weighted companion cube
March 06, 2013, 06:45:27 AM
#39
There's really two ways you can solve this now - getting a lawyer or hoping the Coinabul gets a scammer tag from theymos. It doesn't look like Coinabul is willing to fold otherwise.
legendary
Activity: 1596
Merit: 1012
Democracy is vulnerable to a 51% attack.
March 06, 2013, 06:23:55 AM
#38
whats the dollar value got to do with anything ?
It's just an arbitrary choice as a reasonably-stable measure of value. You could use any stable currency.


No you couldnt. Legally coinabul can only be forced to settle in dollars (as they are US based), thats why its fiat money.
I don't think he was trying to make a legal point or explain how much Coinabul could be forced to pay. I think he was making an equitable point. (The law roughly follows the equitable argument anyway, as it fixes dollar amounts but allows interest rates pegged to inflation, which accomplishes roughly the result of producing a currency-neutral measure.)
newbie
Activity: 56
Merit: 0
March 06, 2013, 06:22:59 AM
#37
whats the dollar value got to do with anything ?
It's just an arbitrary choice as a reasonably-stable measure of value. You could use any stable currency.


No you couldnt. Legally coinabul can only be forced to settle in dollars (as they are US based), thats why its fiat money.

IANAL but Coinabul probably has the choice to either deliver the quantity of silver ordered at the time, or reimburse the original order value in dollars. But I dont see how they could be held liable for fluctuations in either silver or BTC prices.

I agree. As cool as it would be, I wouldn't expect them to reimburse me the BTC value. BTC has increased five-fold vs USD since my order. I would only expect replacement or dollar value.
full member
Activity: 120
Merit: 100
March 06, 2013, 06:22:12 AM
#36
Shiftybugger, thank you for starting this thread.  I was considering using Coinabul, but the complete lack of accountability shown in Coinabul's response made me think twice.  They are not going to refund your order because you bugged them after months of not receiving anything?  Completely inappropriate response.  I'd like to get Casascius to weigh in on this, he also a lot of experience sending insured orders paid for by bitcoin and I'm sure he would refund the order in a case like this. 
legendary
Activity: 980
Merit: 1040
March 06, 2013, 06:18:04 AM
#35
whats the dollar value got to do with anything ?
It's just an arbitrary choice as a reasonably-stable measure of value. You could use any stable currency.


No you couldnt. Legally coinabul can only be forced to settle in dollars (as they are US based), thats why its fiat money.

IANAL but Coinabul probably has the choice to either deliver the quantity of silver ordered at the time, or reimburse the original order value in dollars. But I dont see how they could be held liable for fluctuations in either silver or BTC prices.
legendary
Activity: 1596
Merit: 1012
Democracy is vulnerable to a 51% attack.
March 06, 2013, 06:13:53 AM
#34
whats the dollar value got to do with anything ?
It's just an arbitrary choice as a reasonably-stable measure of value. You could use any stable currency.
legendary
Activity: 980
Merit: 1040
March 06, 2013, 06:12:05 AM
#33
shiftybugger, it doesnt seem like coinabul is going to fold without legal action. Im also convinced the law is on your side. There was a US based lawyer offering his services on this forum not so long ago, I suggest you get in touch with him. It may not have to come to court, just a letter from a lawyer might be enough for coinabul to talk to their legal counsel and realize they will have to reimburse you one way or the other.
newbie
Activity: 56
Merit: 0
March 06, 2013, 06:04:34 AM
#32
What was going on in shiftybugger's mind when he said ping a few dozen times?

Look at the timestamps. They are all hours or days apart.

I live on the other side of the planet to them. I would simply log into IRC and ping him to see if he was on. I wasn't trying to harass the guy - communication was just terribly difficult to accomplish on IRC. I would have much preferred email.
I agree, time zones suck but I think a "message me when you're available" or "hey, I want to talk about the package, I'm in AEST and is available X to Y" would be better. Coinabul has a support email, no?

Either way, it doesn't change that it's a lot more of Coinabul's fault than the buyer's fault, and covering the loss would be expected.

They do have a support email, but I wasn't getting replies from it. They say that their emails oft get eaten by spam filters, and that may be the case here - although they weren't going to my spam folder either. Either way, email was not proving effective.
newbie
Activity: 56
Merit: 0
March 06, 2013, 06:01:58 AM
#31
Let's 'reality' this down a bit.

Kris,

   
"I have been given no proof that anything was sent."

We gave you your tracking number countless times: here it is again at LJ664423272US. You've stated on multiple occasions that we provided no tracking information to you, and this is quite simply an outright lie. Every order, even uninsured parcels, carry tracking information which is always entered into our systems and transmitted to each customer instantly as your order is shipped.

I'll grant you 'countless' only because I can't be sure if this is the first or second time I have received this number. You may have given it to me over IRC, I can't be sure as I didn't keep all of the logs. It isn't in any of the logs that I have. If so, this is the second time. When were the other times?

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"They strung me along for seven months, with half promises of paying out of their own pockets to cover it but never committing to anything."

We were very communicative with you on a non-stop basis, but despite this you proceeded to send me far too many messages which were all responded to graciously, and at horrendous times of day for us(such as 4:30AM Sunday) in the USA, in an effort to provide you the best customer service we could:
[Sunday, October 28, 2012] [04:22:40 AM]    anyway, i'm still wrangling with my insurance company, they're giving me a hassle about covering your parcel because the value changed over their arbitrary limit between when it was sent and when it didn't show up
[Sunday, October 28, 2012] [04:23:22 AM]    in essence, they're saying that because it changed in value by X% they won't cover it, even for the original value... so i'm harassing them on the phone to see if i can do anything about it

An excerpt from the insurance company in question:
"In looking at my notes, we spoke over the phone about this on 10/25/2012. At that time, I explained that the shipment exceeded your per parcel limit for USPS First Class International packages."


The date correlations between this excerpt and the next should be noted. I was still willing to cover a good portion portion out of pocket at that point, despite nonstop messages on IRC:
[Thursday, November 01, 2012] [10:51:26 PM]    hey, any updates?
[Saturday, November 03, 2012] [07:02:50 PM]    ping
[Sunday, November 04, 2012] [09:15:15 PM]    ping
[Monday, November 05, 2012] [02:49:34 AM]    ping
[Monday, November 05, 2012] [05:38:57 PM]    ping



Excerpt:
[Monday, November 05, 2012] [05:41:26 PM]    but in the mean time I'm still hassling with the insurance company, who's adamant about not covering this parcel
[Monday, November 05, 2012] [05:46:50 PM]    are they final on that or is it still ongoing?
[Monday, November 05, 2012] [05:49:35 PM]    they seem pretty final, but I'm still hassling them to see what can be done
[Monday, November 05, 2012] [05:55:08 PM]    Ok. I'd appreciate if you could let me know how this looks like ending as soon as you know. I'm getting out of mining once block reward halves and was going to go with bullion to cash out as it's less hassle than Mt Gox. Need to decide if it's viable.
[Monday, November 05, 2012] [05:56:27 PM]    absolutely, and if I can't get them to properly cover the parcel I'll quite possibly end up covering a portion of the loss out of pocket in replacements

Stringing me along - 'quite possibly'. You can see that I was pushing for a decision, an ending, some finality, 'Yes' or 'No'. It wasn't forthcoming, and didn't come until I started the other thread in late February, three months after this excerpt. And the answer was, 'No'.

Nice try at making my contact seem unreasonable. Look at the timestamps. Six failed attempts (the equivalent of a missed call) over five days is hardly excessive when you are being screwed around.

Quote
Through all of this, I was happy to communicate with you, but it quickly became obvious you were attempting to bully us into replacing the cost of your items out-of-pocket with the attitude that it was an obligation, as opposed to a kindness.

Bully you? Please, I beg you, post a chat log that shows anything approaching bullying. I was never anything but polite. I'm pretty sure that the above excerpt was the most pushy that I ever got with you, and that is hardly pushy.

It seems that I'm not the only one here who thinks that it is an obligation.

Quote
While I explained to you that I'd likely do so, you send me continual messages on IRC to the point that it appeared scripted. I'd sit down at my computer, move my mouse, and instantly see another message from you. This was generally multiple times per day, for months, in addition to phone calls and emails at a similar frequency.

I have super powers that let me know when you are at your desk?

I really think you are at least partially confusing me with someone else.
- I have contacted Coinabul TWICE via the contact page on the Coinabul website.
- I have emailed Coinabul EIGHT times total, between Jan 8 and Feb 17 as contact via IRC was difficult to establish.
- I have NEVER spoken to you on the phone or called you. I have no idea what your number is. I don't know what to say about this claim...

Quote
A small excerpt from my log follows:
[Sunday, December 16, 2012] [12:36:02 AM]    ping   - late afternoon Sunday for me
[Sunday, December 16, 2012] [02:02:10 PM]    ping   - just before bed on Sunday
[Sunday, December 16, 2012] [10:19:15 PM]    ping   - before leaving for work on Monday
[Tuesday, December 18, 2012] [01:35:47 AM]    ping   - home from work on Tuesday
[Tuesday, December 18, 2012] [06:43:16 PM]    ping   - midday on Wednesday
[Thursday, December 20, 2012] [03:24:48 AM]    ping   - Thursday evening
[Thursday, December 20, 2012] [07:15:32 PM]    ping   - just before bed Thursday evening

Dude, I live on the other side of the planet. I have a 9-5 job and kids. I have a fairly settled routine. You, however, appeared to be on IRC at odd times. So, when I had a spare few minutes I'd drop a ping to see if you were on. If not, I'd go have dinner, or go to bed, or go to work, and try again later. I wasn't harassing you, it was just the limitations of the only communication channel that I was able to establish with you.

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Eventually, you managed to use up all the patience I had with trying to provide you support, and through continual harassment managed to dissuade me from paying for your order out of my own pocket. When I started this battle with the insurance company in question over covering your parcel, I went into it with the intent of covering AT LEAST half of your order out of sheer kindness, and was considering whether I could afford to cover 100% of the cost when you started to continually harass me. When it didn't stop for weeks, and then months, I became very quickly opposed to covering your shipment from my own pocket.

You call it harassment, I call it trying to get some information. I don't recall ever receiving info from you unsolicited, I had to chase it.

Quote
- The insurance company obviously has something in their T&Cs which states that if the value of an item changes by a certain percent or value, then they won't cover it. Coinabul should reasonably have known about this.

Having insurance coverage on bullion shipments, let alone worldwide coverage, while being able to provide shipping service at a reasonable cost to customers is a nearly impossible challenge. Carrier level insurance doesn't even cover bullion, and if it appears to do so the likelihood of them making good on any submitted claim is slim to none. To this end, successfully structuring international insurance on bullion parcels is a difficult thing to achieve, and we take every possible step to remain in compliance with our insurers' terms such that each parcel is covered to the best of our ability, but ultimately the discretion of whether to pay an insurance claim lies with the underwriter. Considering that almost no insurance companies are willing to cover bullion transit, the very few who do are wary of fraudulent claims. The insurance industry is wrought with fraudulent insurance claims, and many millions if not billions of dollars per year are lost by underwriters to fraudulent claims. While we generally have great success with insuring our parcels(you are our only rejected claim, in fact, throughout the entire history of insuring thousands of individual parcels at Coinabul) the insurance company must make the final determination as to the validity of each customer's claim and appraise the legitimacy.

- Silver is a volatile market. Coinabul should have reasonably expected the price of silver to fluctuate between taking out the insurance and a possible claim.

In terms of actual value, I will give you a real-time example. On a shipment in our disbursement queue, there is an actual $143 silver cost, and we've insured for $228, for a massive 60% buffer zone above silver spot price in order to ensure that spot price fluctuations in transit do not prove to be an issue. This costs us substantially more per month in insurance fees than we would otherwise incurr simply to ensure that spot price volatility proves to be no issue.

Yeah, now that you have restructured your insurance arrangements. Apparently in my case,
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the shipment exceeded your per parcel limit for USPS First Class International packages.

So how much of a buffer did MY shipment have? I can easily demonstrate that spot price didn't inflate by 60% over the timeframe in question.

Quote
- The insurance policy is between Coinabul and the insurer. It has nothing to do with me.

The insurance policy has everything to do with you: you are the one who stands to benefit from a fraudulent claim, nobody else. We did our part and sent your product to you, and insured it under our policy within the limits set forth by the insurance company. If the insurance company refuses to cover the parcel, there's nothing we can do about it except harass them, which we did.

A thinly veiled suggestion that I am claiming fraudulently? Stay classy.

Quote
It's quite clear how you yourself contributed to the lack of coverage in this situation. When the insurance company refused to cover your shipment, and I offered to do so, you didn't show so much as a grain of appreciation...instead, you wrote a script to harass me on IRC. After seeing you post about us being non-communicative with you on bitcointalk even after responding to your ostensibly scripted semi-communication, there was no way I was willing to cover your shipment out of my own pocket.


Dude, scripting? As stated before, I simply tried to get hold of you when I could. I have never written a script for IRC in my life. Every entry that you have from me in your chat log came from my fingers on the keyboard.

Excuse me for saving my appreciation for when your offer to replace it became reality. It didn't happen. From your vague 'quite possibly' and 'probably' etc, I never expected it to.

Quote
We send out millions of dollars worth of products, and expecting us to be responsible for out-of-pocket coverage in the case of an insurance company's refusal to do so is simply unreasonable.

Apparently you're the only one who thinks so.

Quote
Let's do some math, shall we?
So, assume 17oz of silver costs you $500. You send us Bitcoins, and by the time we're finished processing your shipment we've made $0.50-$0.75/oz. So, sum total $8.50-$12.75 give or take. For us to earn the cost of covering your order out of pocket, we must process the same order 59 times on the high end, 40 times on the low end. You can see very quickly that this makes it impossible to simply absorb the cost of sending a replacement product, especially if you consider that the products we are sending are liquid. We aren't sending a DVD player that depreciates when you sell it to your friend after it's in your hands, we are sending a highly valuable commodity which makes it quite easy for people to defraud our insured shipping process. To call for a scammer tag as we continually deliver Ferrari's worth of bullion to customers each month is simply ludicrous.

The size of your margins are none of my concern. And again with the suggestion that I'm committing fraud. If the law isn't on your side, bang on the facts. If the facts aren't on your side, bang on the table.

Quote
Although I've been quite clear with you in the past and I'm not quite sure as to the goal of your continued fabrications excepting a desire to besmirch, hopefully this helps you understand the circumstances a little more clearly.

Fabrications like me calling you on the phone? Riiiight.

You say 'besmirch', I say warning people. Hell, I don't even need to add much to what Coinabul reps have admitted themselves. I paid, I didn't receive. Coinabul underinsured, I'm out of pocket.

legendary
Activity: 910
Merit: 1000
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March 06, 2013, 05:59:16 AM
#30
whats the dollar value got to do with anything ?
hero member
Activity: 518
Merit: 500
March 06, 2013, 05:40:08 AM
#29
If they don't square this up I will send them a email, informing them I won't purchase anything more from them until they do. I don't they are willing to lose much business on a small order. Although, they don't owe you 81 btc. Only what the dollar value was on the order.
full member
Activity: 129
Merit: 100
March 06, 2013, 05:23:58 AM
#28
Who did shiftybugger pay insurance money to?  If he paid it to Coinabul, they are responsible for insuring loss.  They should re-send the original quantity of silver, and use better insurance this time.  If there's some kind of insurance regulators responsible for mail insurers, Coinabul should contact them to pursue reimbursement for their loss.
vip
Activity: 1316
Merit: 1043
👻
March 06, 2013, 05:18:54 AM
#27
What was going on in shiftybugger's mind when he said ping a few dozen times?

Look at the timestamps. They are all hours or days apart.

I live on the other side of the planet to them. I would simply log into IRC and ping him to see if he was on. I wasn't trying to harass the guy - communication was just terribly difficult to accomplish on IRC. I would have much preferred email.
I agree, time zones suck but I think a "message me when you're available" or "hey, I want to talk about the package, I'm in AEST and is available X to Y" would be better. Coinabul has a support email, no?

Either way, it doesn't change that it's a lot more of Coinabul's fault than the buyer's fault, and covering the loss would be expected.
newbie
Activity: 56
Merit: 0
March 06, 2013, 05:13:18 AM
#26
What was going on in shiftybugger's mind when he said ping a few dozen times?

Look at the timestamps. They are all hours or days apart.

I live on the other side of the planet to them. I would simply log into IRC and ping him to see if he was on. I wasn't trying to harass the guy - communication was just terribly difficult to accomplish on IRC. I would have much preferred email.
vip
Activity: 1316
Merit: 1043
👻
March 06, 2013, 05:06:57 AM
#25
What was going on in shiftybugger's mind when he said ping a few dozen times?
hero member
Activity: 756
Merit: 522
March 06, 2013, 04:36:07 AM
#24
All silver and gold must henceforth only be shipped as pgp digests.
legendary
Activity: 966
Merit: 1000
March 06, 2013, 04:14:07 AM
#23
I have shipped over 3000 packages and have had 4 lost packages. When a package is lost. I refund the customer first and then try and make a claim. I have never not gotten a refund and the cost of the item back for a lost package.
legendary
Activity: 1596
Merit: 1012
Democracy is vulnerable to a 51% attack.
March 06, 2013, 04:09:42 AM
#22
Did you have the carrier trace the package? Does the carrier claim they delivered the package to the destination?
legendary
Activity: 1106
Merit: 1004
March 06, 2013, 03:48:08 AM
#21
Through all of this, I was happy to communicate with you, but it quickly became obvious you were attempting to bully us into replacing the cost of your items out-of-pocket with the attitude that it was an obligation, as opposed to a kindness.

I'm sorry, but I also think it is your obligation. I agree with those who say that the insurance contract was between you and the insurer, not between your client and the insurer. Unless of course you made it quite explicit to be the other way around in your  ToS. But I don't think doing so is a wise customer policy, and as somebody said above, it's likely to be considered illegal by the US gov.

The insurance industry is wrought with fraudulent insurance claims, and many millions if not billions of dollars per year are lost by underwriters to fraudulent claims.

How come? Isn't the receiver obliged to sign a proof of receipt to retrieve his package?

While we generally have great success with insuring our parcels(you are our only rejected claim, in fact, throughout the entire history of insuring thousands of individual parcels at Coinabul)

That's just one more reason to eat this particular loss. You can dilute it on your other earnings.

The insurance policy has everything to do with you: you are the one who stands to benefit from a fraudulent claim, nobody else.

How?


Summary of my opinion: Coinabul should reimburse its customer, and perhaps change its insurer if the current one really refuses to do his part. Eventually even sue the insurer, if the amount makes it worthy to.
legendary
Activity: 966
Merit: 1000
March 06, 2013, 03:25:34 AM
#20
Please let me know if this issue gets resolved. If not please post to the master scammer list to add coinabul as a scammer. Thanks 
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