I’ve continued to try and receive a refund for $150 that I paid for firewood that was never delivered. See all my past posts about the unscrupulous dealer (John Alfano or John Works from Maine) and the various ways he has continued to avoid refunding my money. A few posts back, I published several emails he sent threatening legal action due to a few Craigslist posts I had made describing what happened to me, in hopes that other people would think twice before falling into the same trap.
Well after he sent those emails, he had several more excuses as to why this whole mess happened and continues to drag out. He told me he was going to mail my money back to me, but I had yet to receive it a week later and he stopped answering emails again. But then my week was brightened by more uninformed, mildly threatening, but mostly comical emails in response to the re-posting of my Craigslist warnings. I now present them in their unedited glory:
Do you really want to go legal route on this.? you will get your $$ or wood either way but not like this!!!!! defamation in public can really get expensive expecially when its on the www. you really need to think about this as you will pay all expenses, and I will prosecute to the fullest extent of the law!!!! you may not be happy now, think what the lawyers can do…. call or email with contact info or the forestery service can get a warrant to pull your cl account and persue in that manner or the lawyers can do it too. you have the number.. either way you need to fix this now… so I can fix and move on…otherwise we go to court and I win Case hands down……. balls in your court!
Then after seeing the ad in another state:
OK HERES THE DEAL YOU LEAVE ME KNOW CHOICE WE GO LEGAL. YOU LOSE! I WILL FINISH THIS.. YOU WILL PAY DEARLY FOR THE TROUBLE YOU HAVE CAUSED ALL PROPER AUTH. ARE CONTACTED AND YOUR ON YOUR WAY TO BANKKRUPTCY !! PULL IT OR LEAVE IT WORKS FOR ME!
Firstly, I’d like to put it out there, that if anyone has a spare keyboard they want to donate, I will gladly send it along to him. It appears his caps lock key has been permanently stuck.
Secondly, as I mentioned in my prior posts about his legal threats, he has no legal standing. He previously accused me of slander (which is spoken defamation), when in actuality if I was defaming him it would have been libel as it was in written form. He is now accusing me of general defamation. The problem with his argument/threat is that writing about your actual experience with minimal commentary is not defamation and is considered protected speech. It is no different than if I went to Applebees, had a bad meal, and then wrote about it on Yelp.
It appears he may have watched too many crime shows. The forestry department would have no involvement unless I made a report to them about him importing wood from Maine into New Hampshire or vice versa. I don’t think he did this so I did not make that report. However the forestry department does not execute warrants. If he did file a lawsuit, his lawyers would have to issue Craigslist a subpoena for my email address. I don’t think that the forestry department is going to be kicking in my door with a warrant anytime soon for a civil matter (especially with the sequestration in effect).
If he did file a lawsuit in court, he would either have to pay his lawyer or agree to give the lawyer a percentage of his settlement if he managed to win. But a defendant does not have to pay for the plaintiff’s legal fees unless it is included in the settlement. And losing in court does not automatically fling you into bankruptcy.
The emails he has been sending are a clear sign that he’s upset that his dishonest actions have been made public legally. My perception is that he is throwing around legal terminology in the hopes that I stop making noise and just lose $150 quietly. His perception is completely wrong.
After I received these emails, I proceeded to file a complaint with the New Hampshire Department and Measures. They handle any issues concerning cordwood in the state. They let me know that they would begin an investigation and keep me updated. I don’t have any high expectations of getting my money back, but I can at least take some comfort if he does not further scam fellow residents of New Hampshire. I recommend anyone else who has had a similar problem to contact their department of Weights and Measures.
A few days after that chain I received this entertaining email from him:
you really have no clue here do you. keep posting its your money! you will get money with a public note explaining why you broke the law in more than one way, on here and in the local news papers, on both sites and they will need to be posted as long as they were up on cl. will talk with the lawyers in regards how much you will be responsible for this is not a power trip or a game here! you were patient as was i still dealing with the shit on my end .. then I was patient with you NOW IM NOT !!!!!!!!!!!!!!!!!!!!!!!! . were going to court! you`ll have to wait for your money even longer now. could have brought you wood to fix but then you pulled this stunt!!!!!
It was tough to read with the excessive typos and exclamation points but I managed. He really has no new points but is just regurgitating his same falsehoods about some imaginary law. I then sent him an email when the money did not arrive in my mail this past Saturday….a full week after he once again told me it was coming.
waiting for lawer to supena craigs list correspondence in regards to the postings…. if he tells me to send, I send. If he says wait for court we wait.. simple solution, not your ads you get money next day! If they are your ads we go to court. period. I too am in touch with authorities in regards to this situation..
I replied to him just to let him know how the legal system actually works and that he is still the party at fault in this situation regardless of if or how I publicized his poor business practices. That has caused a few days of radio silence. It definitely appears that he is irritated by the general public knowing about his dishonest practices so hopefully that puts some pressure on him to correct the situation.