Tom,
I am glad you are responding to my post of 9/26 asking you to contact me so we can resolve our differences. I don’t know where to begin because a lot has happened and a lot has been said. Hopefully, this will be the beginning of open dialogue that we both can have in an adult manner, without any name calling or any other derogatory remarks made. I wish to put this behind us, forget about it and move on.
I would like to review the things leading up to when this turned bad.
1. On Monday, March 20th, 2006, you bought and paid by Paypal a 1967-68 Camaro RS gas cap. This is an item we almost always have in stock. Unfortunately, for whatever reason, we were out of stock and these were on national back order. In order to fulfill your order, we attempted to drop ship one to you from different suppliers we deal with, such as Goodmark and Dynacorn. We even attempted to buy one from some friendly local competitors. They and others were out of stock.
2. Not being able to fill your order, on March 29th, 2006, we refunded you $32.96, shorting you $8.49. Five minutes later, according to our records, we refunded you the balance of $8.49. At this point, you were refunded in full, to the penny.
3. Since you paid for the gas cap with Paypal, eBay/Paypal marked it paid in their system. When we refunded you because you paid through Paypal, we had to refund you through Paypal. When we refunded you through Paypal, then eBay/paypal marked you unpaid. Please understand that this was not us marking you unpaid, it was eBay/Paypal. When their computers recognized the transaction as not being paid, their computers generated a friendly reminder for you to pay for the item. Again, their computers sent this reminder to pay, not us. Ebay should not have marked your account as being unpaid. This was a software glitch that they had at the time. They have rectified that problem and fortunately, it has not occurred to any one else since it happened to you.
4. At this point, this is the email we received from you on March 30th, after you received the reminder to pay email from eBay/Paypal.
you ****ing retards just refunded my money for not having one in stock???
5. Upon receiving this short email from you on March 30th, we responded to you, the next day, April 1st.
Nice language. We immediately did the right thing and issued you a FULL refund. We are not a small mom and pop operation. We are a full time business. We didn't have to respond as expeditiously as we did. When the refund was issued, Ebay then records the item as unpaid. Thus generating the unpaid reminder. Had you been a gentlemen you would have sent a little note asking us to remove this. That would have been the polite way to handle this. You chose to show your ignorance and lack of compassion towards those who are mentally challenged.I'm assuming you are an adult.You really should understand that many people may have family members who are challenged and using the terminology you did is highly offensive. But I doubt you care.
I believe we are done. Good day. Alison Tamraz's Parts
6. The tone of your email was not necessary. It’s not that we are thin skinned, but we do have a few employees that work for our company that have relatives that are mentally challenged and your really upset a lot of people in our company by saying what you did. In fairness to you, you did apologize for the words you used and we accepted that apology.
7. On March 29th, you left us negative feedback. On April 1st, we left negative feedback for you. On or about that date, you called up and got Rob on the phone. Proceeded to give him a difficult time, he transferred the call to Alison. You proceeded to scream at her over the phone. You were so loud, I could hear you through the phone and I sit 15 feet away from Alison. I picked up the phone and listened for a few minutes as you berated her. You wouldn’t let Alison get a word in edgewise and you were talking to her in such a bad way, I interrupted the phone call and told Alison to get off the phone. You heard me on the phone and you calmed down somewhat. We ended up, as I remember, having a fairly pleasant conversation, ending with both agreeing to remove feedback for each other.
8. On April 5th, feedback was successfully removed for us and for you on the tommynos site. You then proceeded to purchase more items from us through eBay, and, in credit to you, you promptly paid for the items. These purchase were made through user id myonlineaudio.
9. We shipped these items to you, and correct me if I’m wrong here, these items got there sooner than you expected them and they came signature required. This meant that somebody had to be home in order to sign for them. From reading posts you have put on the internet, it is apparent that you didn’t want your wife knowing that you purchased these items and this necessitated you having to go to Fed Ex to pick up the package, which upset you.
10. At this point more emails started coming from you, none of which were very nice. You started threatening us with legal action as well as threatening us to do all you can to hurt our business. You also started contacting customers of ours through eBay, which is completely against eBay rules. At some point around this time, eBay suspended your accounts. I know you blame us for your accounts being suspended, but, Tom, whether you believe it or not, I really don’t have that power with eBay. Whatever caused your accounts to be suspended by eBay is between you and them. I can only assume you must have had other problems with them long before dealing with us. Ebay does not suspend somebody on a first offense, unless it is a major violation of the rules or policy. You have asked me to help reinstate your and your friends account, but that is something I don’t have the power to do. As you know, I do know people at eBay and once this is all put behind us and settled, I don’t mind speaking to them on your behalf.
11. Tom, there are a lot of things that you have said to us in your many emails. There are a lot of things I haven’t touched on here, but the one thing I have to talk to you about is this email you sent to me on Monday, the 15th of May, 2006.
Tom Burnette Flooring Corp <tommynos@verizon.net> wrote:
2 down..lol.....are you getting a bunch of buy it nows??lol...3 to go.....you RETARDS have a long ways to go....you all are retards,not just one of your employees,but all of you....i wish i was closer so i could bitch slap you and **** your daughter....
This is where you crossed the line. You should be ashamed of yourself and you should be proud to know you have caused my 12 year old daughter to have nightmares and to be afraid of what may happen to her. When you sent this email, my office staff printed it and put it on my desk on my keyboard to make sure I saw it. I was in the warehouse and my wife showed up with my daughter to visit me at work. My daughter sat down at my desk, as she frequently does, her eyes glanced down and saw your email. To say that she freaked out is putting it mildly. My daughter is an innocent 12 years old, not a 12 year old going on 16. It is at this point that this now became no longer a business transaction that went bad, this has now become a personal matter. You threatened me and my family. A police report was filed, which I sat on, not doing anything because we stopped hearing from you. We figured that you were done blowing off steam and you finally went away. Even though I was fuming at you for this email, I was willing to let it go. Once you started recently again, I proceeded to do what I felt I needed to do to protect my family, my business and my employees. You should know there are state and government agencies that have been called and notified. You will also be receiving a Cease and Desist letter from my attorney, which was sent out to you earlier today. I am hoping that we can end this, today and now. I am willing to forgive and forget and I am willing to have an open and adult dialogue with you. No more threats from you, no more intimidation from you, no more trying to disrupt my business from you, and we will be fine.
Marc Tamraz,Owner
Tamraz’s Parts Discount Warehouse
...most all state,never paid for item??tamraz has pull on ebay so i dont suggest you email them threw ebay or you too will be banned,i went down over 4 times???all lies too......check this out too.....look for ebay id "prospersdad"he left 17 negatives for tamraz,i emailed him and warned him and the next day all his negatives were removed from tamraz and they in return left him 17 nasty negatives,this person had a perfect record not anymore....GOOFBAY is a awesome place to check for shill bidding and finding other stuff and it is free,join,if you want to post and look as ive posted in the forum under ebay tricks,under my new name...DONT*BUY*FROM*TAMRAZ 
