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Subject: 
Re: The Free Super Chiefs
Newsgroups: 
lugnet.trains
Date: 
Fri, 22 Mar 2002 06:19:25 GMT
Viewed: 
934 times
  
"Todd Thuma" <thumat@gactr.uga.edu> wrote in message
news:GtD0pH.1JE@lugnet.com...
In lugnet.trains, Jeremy Scott writes:


"The Free Super Chiefs"

After recieving the letter denying the right to buy 10 more 10020's, my • Dad
called LSAH and begun to order 3 more to send to his Mom's.  So he got • past
the "ship to" info and they begun the "bill to" info.  My dad told the • guy
his info.  The guy checked our account and said that the limit of 3 was
achieved.  So, my Dad said, "just to spite you, I'll have my Mom order 3 • for
herself!" and hung up the phone.  By that afternoon, three were in the • mail
to my grandma's place.

Last Saturday they arrived.  We called her and asked if we could come by • and
get them. She said yes but should there be two boxes.  "TWO???" we • thought.
We get there to find that not only the three she ordered were shipped, • but
three more were shipped and the invoice was blank!  We checked the credit
card report to find that there was never a charge to my Dad's card.   We • got
three for free!

"The best deal on the 10020 ever!"

The End

Hope you enjoyed my absolutely true story.  NO LIES!!!

Jeremy Scott

Dear Mr. Gloats-A-Lot (A.K.A. Jeremy Scott),

I hope you realize the difficult position that you have placed yourself, • your
father and your grandmother. Strict interpretation of the law will reveal • that
you are in possession of stolen property. If LEGO Shop@Home were to send • you a
letter requesting the return of a quantity of three 10020 Santa Fe Super • Chief
Limited Edition Sets and a return mailer with postage paid, I would advise • you
to return the sets immediately or offer payment for the sets to LEGO • Shop@Home.

You seem to be under the impression that because LEGO Shop@Home sent these • to
you without charging you for them you are in the clear. Let me asure you • that
you are not. I am not a lawyer and do not practice the law, but I can • assure
you of personal knowledge of several court case and case law that will • back me
up on this.

First, you have used a public form to openly admit receipt of property • that you
have not paid for. The tenure of you posting indicates that you do not • intend
to pay for them or make restitution to LEGO Shop@Home for the receipt of • their
property. Second, by having them sent to your Grandmother's house you have
included her as an accessory to the crime. Third, if you are under the age • of
18 your father can be found guilty of several charges as well.

This all depends on the veracity of LEGO Shop@Home, its lawyers and the
District Attorney in your area. I am not joking!

Also I would like to point out that at the fulfillment center where this • order
was filled, it is possible that an employee may be required to pay for • their
mistake or they might "turn on you" and offer you up for a reduced • sentence. Do
you really want to be responsible for some hard working person being • required
to make restitution out of their pay, or worse yet lose their job.

I hope a lawyer reads this and backs me up. A year ago I sat on a jury and • had
to decide the quilt or innocence of 6 people involved in a scam on a local
merchant. Two of the people on trial were employees of the nation retail • chain
and they were assisting 3 others with "purchasing" items. The employees • would
pretend to scan an item and across the laser scanner and then • de-securitize it
and place it in a shopping bag. Out of 8 to 10 items only one or two would • be
rung up. Some of the items would even be brought back to the store and the • same
two employees would give cash back for the items without a receipt.

The 6th person in this capper was the one no one thought could get • included in
this crime. The grandmother of 2 of the "shoppers" kept the stolen • clothing at
her house. The DA very carefully laid out how she was an accessory to the • crime
because (1) she refused to return the items even ones that had been marked • by a
security system as stolen (long story), and (2) she knew the items were • stolen
but never took action to return the items or change the behavior of people • in
her care. One of the 2 "shoppers" was under 18. She was additionally • charged
with contributing to the deliquency of a minor and receipt of stolen • property.

The law is quite clear on this point. If you have received property that • is not
yours and you have not purchased or bartered for, you are in possession of
"stolen" property, regardless of whether LEGO Shop@Home sent it to you or • not.

Do the right thing and contact LEGO Shop@Home. Offer to pay for the 3 • Santa Fe
Super Chiefs. If they will not accept payment but want them back then ask • them
to pay for the shipping, you shouldn't be required to pay. Better yet, • they may
reward your honesty by letting you keep one or two or maybe all three. If • they
do, ask for a letter stipulating as such for your records, just in case. • Then
you can walk away from this with a clear conscious.

Sincerely and with all due respect,

Todd


If this happened to me, my initial reaction would be like you
Jeremy - Happy as hell that I received three free Super Chiefs.
Todd, along with others bring up excellent points.  Like I said, my
initial reaction would not say nothing but I know myself better and I
would do the honest thing in the end and let S&H know about the
error in shipping.  This is your choice.  Sure it would be nice to have
these, but
I truely believe that you would do the right thing and let S&H know of
your situation.

Ken



Message is in Reply To:
  Re: The Free Super Chiefs
 
(...) Dear Mr. Gloats-A-Lot (A.K.A. Jeremy Scott), I hope you realize the difficult position that you have placed yourself, your father and your grandmother. Strict interpretation of the law will reveal that you are in possession of stolen property. (...) (23 years ago, 22-Mar-02, to lugnet.trains)

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