January 2, 2008

Dear Andy Rutherford,

This email confirms that you have received a Pending eCheck Payment for $9.97 USD from Donald Jones (donaldjones@ahawk.com).

This eCheck Payment will remain “Uncleared” until the funds have cleared from the sender’s account, which usually takes 4 business days. If you are shipping an item, please do not ship your item until the funds have cleared into your PayPal account. You will be notified by email when the funds have cleared into your PayPal balance.

———————————–
Payment Details
———————————–

Total Amount: $9.97 USD
Currency: U.S. Dollars
Transaction ID: 4CM779999L4854040
Quantity: 1
Item/Product Name: Landlord’s Guide to Ohio Evictions in pdf format
Item/Product Number: ECBLT#2012
Invoice ID: INV-ZK9S0EZ0
Buyer: Donald Jones

—————————————————————-

January 2, 2008 - automated message to Donald Jones

You have paid with an echeck or debit card

Unlike credit card transactions, echecks or debit card payments are not instantaneous. This means that I do not receive payment until the transaction clears in 3-4 business days after you have initiated the transaction.

Because of this processing time, paypal advises me not to send out the product until payment has cleared. When your payment clears, you will receive your product.

Please note, that your bank may indicate that the payment has cleared before paypal has received notification of that clearance. When your payment clears with paypal, you will receive your purchase automatically.

If you need your product in a more timely fashion, than you may pay with a credit card and at that point I will cancel the debit card/ echeck transaction. Please note, that I cannot refund the debit card/ echeck payment because (if it is still pending) there is nothing to refund.

January 2 - Donald Jones responds

Thanks for the response , I used Paypal & my understanding is it was a transfer from my bank account to pay for the kit. I have no debit card, so please let me know as soon as I can get the download , I need to use the Forcible entry form or if there is a problem with payment.

Thanks,
Don Jones

Jan. 2 - another email from Donald

Just email me where & how to download my purchase when it clears.

Don Jones

Jan. 4 - another email from Jones

Mr Rutherford,
If you would go ahead & cancel my order, I can’t wait for payment to clear. My understnading was Paypal is instantaneous this is the first time product was with held for a $10 purchase.

Thanks,
Don Jones

January 5 - yet another email from Jones

Just cancel it the payment when it comes thru, I don’t need it now.

Sincerely,
Don Jones

Jan. 7 - Paypal notifies us both that the echeck has cleared

Dear Andy Rutherford,

This email confirms that the Pending eCheck you have received for $9.97 USD from donaldjones@ahawk.com has cleared.

———————————–
Payment Details
———————————–

Total Amount: $9.97 USD
Transaction ID: 4CM779999L4854040
Item Title: Landlord’s Guide to Ohio Evictions in pdf format
Item Number: ECBLT#2012
Invoice Number: INV-ZK9S0EZ0
Buyer: Donald Jones

Sincerely,
PayPal

Jan 7 - automated email sent to Don Jones providing him with download link for product sent immediately after echeck cleared

On 1/7/2008 9:53:58 PM, andy@Rutherfordlaw.com wrote:
> Evict kit. Thank you for your order.
> Here is an alternate link for downloading the product if you cannot
> download it through payloadz -
> http://www.ohiolandlordtenant.com/
> audio files are at http://www.ohiolandlordtenant.com/
> html
> If you later buy the complete
> landlord’s kit, I will refund the purchase price of the eviction kit after you have purchased the complete landlord’s
> kit.
>
>
> IMPORTANT: The Download Links below will expire shortly. You will need to
> request additional downloads after that time period. Please keep this
> email for your reference.
>
> Product: Landlord’s Guide to Ohio Evictions in pdf format
> Download Link: http://payloadz.com/d1?txn_id=4CM779999L4854040
>
>
> Transaction ID: 4CM779999L4854040
>
> If you need help with this order, contact us at: andy@Rutherfordlaw.com

January 8 - message from Don Jones

Since I haven’t downloaded your package, I am asking for a refund on my purchase. The time constraints where to long from purchase to download.

Thanks,
Don

January 15 - email from me to Mr. Jones

Don,

I’m trying to understand why I should refund your money on this transaction. You were advised on at least three occasions of the delay associated with echecks. That advice is immediately below for your perusal. You had the option to cancel your payment and pay with a credit card if you wanted the product immediately. You chose not to do that.

Now you are claiming you didn’t receive the product in three days so you want a refund pursuant to our refund policy; however, your inaction led to you not receiving the product within three business days. You had the opportunity to change your method of payment to receive the product immediately. You did not do that. Why am I refunding $10 for your mistake?

Echecks are like regular checks. If you send me a check through the mail for payment, I’m not going to send your product out immediately. I will wait until the check clears. An e-check takes 3-4 business days to clear. When it clears, I will send out the product as I did. Now you have the product and you want your money back too.

If you can explain to me what I did wrong in this process, I will happily give you a refund.

Andrew J. Rutherford II, ESQ.

January 15 - Don Jones responds -

Andrew,
I am sorry for the confusion on this transaction, but as I hope my previously sent & received emails will bear this out. After I found out about the e-check you said no refund could be given until payment was received. Also as you well know the payment was good. I needed the form in a timely manner to try & resolve my tenant issue, the longer it took to file the retainer the longer the court process. Also Paypal would not let me stop payment, so I had to wait till you received payment before I could get a refund. Also usually if a customer if dissatisfied with a product he can return for a refund if unopened, that is what I am asking.

Sincerely,
Don Jones

Jan 21 - Don Jones is back

Mr. Rutherford,
I know you have better things to do than to be bothered with my refund , as do I , but I haven’t heard any response from you concerning the refund I requested after I emailed you the info you requested. Please advise as to my refund status.

Sincerely,
Don Jones

Jan 29 - more from Don Jones

Still waiting on refund!!

Don Jones

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