|  Author | Topic: Watch out for Jason Brown ebay thief (Read 577 times) |
tgmisiag
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Joined: Sept 2003
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|  | Watch out for Jason Brown ebay thief
« Thread Started on Sept 3, 2003, 12:20am » | ![[Quote]](http://s4.images.proboards.com/buttons/quote.gif) |
From: Thomas Misiag
736 Pleasant St
Walla Walla, WA 99362
509-525-2888
tgmisiag@uicalumni.org
I purchased a Sony Mavica Camera (eBay item number 2919559089) for $507.00 including s/h/i from:
Jason Brown (thegearlessmachine)
1308B Carlisle AV
Guntersville, AL 35976
256-673-1633
jb0814@hotmail.com
It took about a month for the camera to arrive. I checked the camera immediately, and it did not work. I took it back to the PO and called Jason.
He told me he would wait for the PO investigation before he did anything. The initial PO investigation took nearly a month.
The PO said there was no damage to the box so they would not pay on the claim. They said he probably sent a damaged camera hoping to collect the insurance on a worthless camera. After the PO told me they would not pay him I contacted
Jason. He said he sent a good camera and refused to pay me until after an appeal on the PO ruling. When he refused to repay me I contacted eBay and PayPal. They said they could
not help me because I wasreporting to them after their deadlines (30 days PayPal, and 60 days eBay).
After several appeals the PO still refuses to make payment to him so he refuses to refund my money ($507.00). I have been waiting nearly 5 months to get my money back. The PO said the dispute with the claim is between them and him and he should pay me rather than hope for payment on the claim. I was advised to file for postal fraud. Finally I contacted SquareTradeNetwork, Attorney General of Alabama, District State Attorney, NFIC, IFCC, and the Guntersville Police Department. I still have not had any help. Jason has my money. The PO has the camera. I have nothing. Look at some of his comments in the feedback. He says that he will give refunds and that he guarantees everything.
The following are some complaints against Jason including mine:
tgmisiag( 136) Jun-11-03 19:35:46 PDT 2919559089 S
Complaint : Got a broken camera. A fraud. Nearly 3 mo and still no money back $507.00
Response by thegearlessmachine - Broken in shipping, it was insured,camera not sent back to me,what should I do?
Follow-up by tgmisiag - PO said he sent broken camera and will not pay. He treatened if I did pursue.
libertyb1( 108) May-31-03 16:23:03 PDT 2314588577 S
Complaint : jason cashed our money order didn't mail chain saw. why is on e-bay?
Response by thegearlessmachine - Liar!! never received money!! I will not ship an item if No money is received!!
hairdoo80( -1 ) Apr-21-03 14:59:48 PDT 2314589103 S
Complaint : excuses! excuses! resold a item I returned and have not refunded $268.00 Bware
Response by thegearlessmachine - sent check refund via mail(he paid this way)only been 21 days since auction end
izmikiar76( 1 ) Feb-24-03 11:13:13 PST 1949594961 S
Complaint : THIS GUY SENDS USED PHONE FOR THE PRICE OF NEW.TOTAL JOKE.DON'T BUY FROM HIM!!!
Response by thegearlessmachine - If you were not happy I would have refunded you totally, please read before neg
jetski300( 43) Not a registered user Feb-21-03 17:48:29 PST 3002152157 S
Neutral : said phone was new but when i receive it was cracked, and thing missing bad!!
Response by thegearlessmachine - please contact us first for refund or exchange. we offer money back guarantee.
2giftsfromabove( 456) Feb-21-03 17:32:31 PST 3004081411 S
Complaint : HORRIBLE EXPERIENCE,X'TREMELY POOR COMMUNICATION, PAID2/4, REC'D
2/21 BEWARE!!!
Response by thegearlessmachine - UPS lost package, found it, and finnally got
it out, not my fault
Follow-up by 2giftsfromabove - DID NOT USE UPS.. USED USPS.. WATCH OUT !!!!!
texkyle32( 31) Feb-04-03 12:52:29 PST 2087355909 S
Complaint : front bearing out cost extra 55.00 called seller and did not get responce
Response by thegearlessmachine -  ? would of gladly paid for the problem....I always fix problems if they occur
ljain( 22) Jan-14-03 00:51:17 PST 1394080860 S
Complaint : Phone does not work. The seller did not respond to emails.
Response by thegearlessmachine - We DID reply to emails AND offered full
refund and now a neg??? what gives?
Follow-up by ljain - Only after I threatened. No more responses!!! Stuck with nonworking $300 phone.
avenirs( 4 ) Nov-03-02 22:34:32 PST 2054669561 S
Complaint : 1. VERY BAD COMMUNICATION 2. NOT FOLLOWING UP WHITH PROMISES. The equipment was
yardpro_1( -1 ) Oct-27-02 18:10:20 PST 2060586162 S
Complaint : Poorly maintaind:rusty spk-plug, filthy air filter, wont start, no reply 2 email
Response by thegearlessmachine - zero feedback,no email received,my fb speaks for itself ,thanks for the red!!
vaphototaker( 0 ) Sep-13-02 11:10:35 PST 2046098973 S
Complaint : Beware this seller-chainsaw came missing parts needed to run. No ans to 2 email
Response by thegearlessmachine - ?never got an email, look at his feedback
========================================
A mediator from SquareTrade tried to make a workable situation as shown below, however, Jason Brown refused to cooperate.
Tue, Jul 22, 2003 5:34 PM
Dear Mr. Misiag and Mr. Brown,
You have each invited me to propose a settlement for this case. I will do that below, but first let me offer a few observations.
First of all, the overriding issue here involves the duties and responsibilities of doing business. Mr. Brown set himself up to do business selling items over the Internet. Even though this is taking place over the Internet, it is no different than if he had an actual store. The fact of the matter is, by taking on the responsibility of operating a business, he also took on certain responsibilities to his customers. First and foremost among those responsibilities are that the items he is selling are what he claims them to be and that he will deliver them safely into the customer's hands. The customer's primary responsibility is to pay the purchase price set by the seller. If something goes wrong in shipping, it is the seller's responsibility.
Second of all, this case involves two separate and distinct contracts. The first contract is the purchase-and-sale agreement between Mr. Misiag and Mr. Brown. The basic elements of that agreement are the item to be sold, the payment of the purchase price, and the delivery of the item. If the item arrives to the buyer damaged, that is not the fault of the buyer. Under the contract between the buyer and seller, it is the seller's obligation to make good that damaged item.
This is precisely why Mr. Brown purchased insurance -- because if the item was damaged in shipment, it was his responsibility to refund the money.
And this is the second contract involved here -- the contract between Mr. Brown and the shipping insurer. That contract says that if the shipper damages the item, it will pay Mr. Brown its value. That is a contract between only two parties: Mr. Brown and the insurer.
By rights, the focus of this case should only be on the contract between Mr. Brown and Mr. Misiag. Mr. Brown's insurance contract with the post office is his own, private concern. Making this case contingent on the insurance claim is mixing apples and oranges.
Therefore, my recommended settlement is as follows:
1. Mr. Misiag should return the camera to Mr. Brown immediately. (I realize that the camera is in the custody of the post office. In effect, Mr. Misiag has already returned the camera, since I assume the PO will return it to Mr. Brown once they finish with it.)
2. Mr. Brown should refund Mr. Misiag his purchase price immediately. There is no basis to withhold this refund while the post office considers the insurance claim. These are two separate issues.
If you are willing to accept this, I will draft a settlement agreement for you to review. If not, then I believe it is time to close the case.
Sincerely,
Robert Ambrogi
Mediator
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Jason Brownthegearlessmachine
Guest
| | Re: Watch out for Jason Brown ebay thief
« Reply #1 on Sept 17, 2003, 10:05pm » | |
First off, I have 98% pos. feedback with over 1,000 transactions. Tom misiag is good at trying to show only the bad or neg. parts of my transactions. Second, Tom said to me on the phone at the beginning that the box the camera was in was damaged. If he wants to lie about that statment, he can. I also have an email from Tom misiag exactly 12 days after the auction ended. (with complete headers to verify he sent it) In this email he speaks of the camera not working. He just lied saying it took me 30 days to send the product. I also have an email 23 days after the auction end where he stated that the post office accepted the package back for insurance investigation. Email me and I would be more than happy to forward you the auction end date, and Tom's first and second email about the problem (with headers). Third, Tom very well could have damaged the product on his own and demanded a refund from me for it. Like I said before, I have over 1,000 transactions with 98% pos. feedback so this is not a common occurance. Tom also has great feedback, but only 135 transactions or so. Who knows what his will look like after 1,000 tranactions. The point is, Yes I do want to make my customers happy, and the feedbacks he has shown state that I would refund someone who is not happy. I have done this on several occasions BUT, the product was sent back to me in the condition it was sent. I am not perfect, and may overlook a small problem with a product that I am more than happy to fix (like a hole in a gas blower tube or a scratch on a product) Its very hard to satisfy everyone in any business one tries, all I can say is that this is just one of those times things could not be worked out. I offered tom half the $507.00 and half of what the broken camera sells for after he sends it back to me. He stated he wanted all the money plus interest. This is just not gonna happen. I thought this was a very decent offer considering by law I am not required to help him at all. I sent a perfectly good working camera that I feel he has, or the shipping company has broken. I cannot be responsible for it if insurance claims are denied or a product is damaged by the customer. I tried to appeal the desision fromthe post office to help him out with no results. Why should I be responsible for the actions of Tom or the post office. By him saying that the poost office said I sent a broken camera hoping to collect, cannot be true. Im sure the post office is not dumb enough to say something incriminating about someone with no proof. If this was said, I guarantee it would not be said in court. Also, I have proof that I have only made one insurance claim with the united state postal service in over two years. This transaction was that claim. The reason there will never be a court date is because Tom and the legal sytem both know it is my word against his. I really cant believe these sites can even pop up without legal permission in the first place. Ebay has a feedback forum that is designed just for this, speaking your mind about what you feel the end result in a transaction was worth. I left pos. for him because he did pay for the product. He left neg. for me because I feel he was upset about the outcome. This is totally understandable, but I feel a reader needs to see it from both sides. Fell free to contact me by phone, Jason Brown 256-673-1633 by address is posted also in the first posting from tom. Feel free to write. Also, if you have time, check my feedback under this seller name Thegearlessmachine - which this transaction occured. Visit ebay.com, It really is overall a great site. 
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Thomas Misiag
Guest
| | Re: Watch out for Jason Brown ebay thief
« Reply #2 on Sept 18, 2003, 2:49pm » | |
The important issue here is that Jason is not trying to make his customers happy here only himself.
After all these months it is hard to remember the exact timing of events. Though the facts are: The camera arrived damaged, initial postal investigation, contacting Jason to find out what he would do after they refused his claim all took over 60 days. Because of this timing I no longer had protection from ebay or Paypal.
The PO said he probably sent a damaged camera hoping to collect on it, and that this situation happens often. He kept trying to appeal the PO decision and gets turned down every time. They just laugh everytime he tries.
He is now trying to shift responsibility to me for the broken camera by stating that I broke it. That really sounds like someone in denial. I have been collecting cameras for over 50 years and have several hundred of them. When I received the camera I opened it on the bed just to be certain that it would be on a good soft surface. As soon as I turned it on it was not operational.
About the time I bid on the camera he had a 96% rating.
Since I have been after him and posting negative information about him he has not had negative feedback. It is only due to my diligence that he tries not to get negative feedback. I will never give up unless he takes care of the situation. However, he will still not take care of the problem. He will not refund my money or pay for the repairs.
With several friends we found that he has several eBay accounts: jbrown0814 - discontinued,
thegearlessmachine, kevin0814, jason0814 and
jb0814. It appears that he will change accounts whenever he gets enough bad feedback on one of them.
I paid for the camera, the shipping and the insurance. The PO has the camera, Jason has my money and I have nothing.
The excerpt below is from a SquareTrade negotiator. The information put forth here was also echoed by the PO and an attorney.
"First of all, the overriding issue here involves the duties and responsibilities of doing business. Mr. Brown set himself up to do business selling items over the Internet. Even though this is taking place over the Internet, it is no different than if he had an actual store. The fact of the matter is, by taking on the responsibility of operating a business, he also took on certain responsibilities to his customers. First and foremost among those responsibilities are that the items he is selling are what he claims them to be and that he will deliver them safely into the customer's hands. The customer's primary responsibility is to pay the purchase price set by the seller. If something goes wrong in shipping, it is the seller's responsibility.
Second of all, this case involves two separate and distinct contracts. The first contract is the purchase-and-sale agreement between Mr. Misiag and Mr. Brown. The basic elements of that agreement are the item to be sold, the payment of the purchase price, and the delivery of the item. If the item arrives to the buyer damaged, that is not the fault of the buyer. Under the contract between the buyer and seller, it is the seller's obligation to make good that damaged item."
The very important point here is the last sentence.
"If the item arrives to the buyer damaged, that is not the fault of the buyer. Under the contract between the buyer and seller, it is the seller's obligation to make good that damaged item."
The obvious thing to say is Jason return my money.
Tom Misiag
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Thomas Misiag
Guest
| | Re: Watch out for Jason Brown ebay thief
« Reply #3 on Sept 18, 2003, 3:19pm » | |
This is an addendum to my last post. Since I have been dilligent in persuing Jason he has been helpful with other peoples problems, however, he still ignores helping me (and those who posted previously to me). See below from ebay feedback.
----------------------------------------------------------------
thebargainbsmnt( 850) Sep-03-03 21:09:00 PDT 2339722319 S
Praise : REAL STAND UP GUY, EVEN PAID TO REPAIR A PROBLEM WITH THE UNIT! THANKS!
----------------------------------------------------------------
The real stand up guy needs to remedy a situation for me not only for those bidders who came after me.
I contacted most of the other people who posted negative feedback for him. It appears that they all have legitimate gripes. Though they either do not want to do anything about him. This is because they do not want to get involved, or it takes too much time, or it is too expensive to persue, even that that is the cost of doing business. I found that the only reason the postal investivative unit will not take action against him is that I have the only complaint against him. If someone else had filed before me then he would have been investigated and be in jail now. All it takes for evil to triumph if for good people to do nothing. I will persue him as long as it takes.
Tom Misiag
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Thomas Misiag
Guest
| | Re: Watch out for Jason Brown ebay thief
« Reply #4 on Sept 18, 2003, 6:56pm » | |
Here is another tidbit of information.
Jason Brown is also known as Jason K. Brown, and Jason J Kleuger. He supposedly resides at:
1308B Carlisle AV
Guntersville, AL 35976
However, also in Decatur, AL and possibly in Sacramento, CA. It seems an honest person could rely on the reputation of one ebay seller ID and one name for himself. Does he have something to hide?
Tom Misiag
------------------------------------------------------------------------
This can also be read on the following:
http://www.diamondtalk.com/forums/showthread.php?threadid=39690&goto=newpost
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Jason Brown
Guest
| | Re: Watch out for Jason Brown ebay thief
« Reply #5 on Nov 21, 2006, 12:22am » | |
I was looking around on the net today, typed thegearlessmachine in a google search, And this crap still comes up from 2003. This situation was taken care of soon after it was posted, I gave him what he wanted and took a loss, Tom is happy. It now it looks as though I am some crook on on ebay whenever anyone types in my sellers name on google. It would be nice if the owner of this site would follow up with the people that make accusations to see it situations are taken care of. I tried to contact Tom to see if he would get this stuff removed, but I am sure he is busy with other endeavors. I feel like Bill Clinton, be remembered for one bad situation.
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