Resolved

Scammer's profile link: @Kash / https://www.sythe.org/members/kash.1178353/


Amount scammed: ~$50 + $222.79 + $256.99 = $529.78(not including membership / rune pouch)


Discord ID + Unique Discord ID: ANATH#3418 - 546778898940035093


Proof that it's their Discord: in PM from march last year.


Explanation of the trade: (~$50) on January 1st I purchased an account that was 99fm HCIM starter from a separate party, I then asked Kash to do B gloves and 70 agility on the account on 1/31/21. I decided to use Kash as he said they guarantee HCIM status(pic below), if it was to die they would remake/refund in full. I then decided to pay the $256.99 for this to be done. Kash and his team completed quickly and I was impressed with service and even left a vouch for him. Shortly after I decided I wanted rogue set, herb sack, 1-83 Hunter, and 53-80 Thieving done for $222.79 which was paid. I had originally requested that 63-83 be done at Red Chins but I later agreed to have just 80-83 done at Red Chins(this was not completed at all, worker did Red Salamanders all the way to 83). On 3/1/21 I messaged Kash to let him know I was logging on for a few moments to do a name change, I did not move a single tile during name change(this is critical for later). On 3/3/21 the IRL friend I had broker the deal for the name for me sent me a message with a SS of the account dying after using edge lever, it was noticed due to the rarity of the name and being price checked recently. Furious, I check my discord and Kash had messaged me earlier in the day that the account died to a DC doing Master Farmers (how would this even happen?). I explain that my friend who had got me the name showed me that this was not true. Kash had confirmed with his worker he was using lever to go to Ardy (WHY I do not know, it has Ardy teleport and Ardy cape unlocked). As you can see, the TOS does not state that they are not responsible for HCIM death BUT the previous message was interpreted that they would be, and I don’t think anyone would expect someone doing master farmers to be using edge lever for anything.


How they scammed: Not necessarily scammed but had a worker be VERY negligent and lie to Kash about how the HCIM died, can’t seem to come to a resolution between us so I’m asking for Sythe moderators to determine the outcome.


Other relevant trade screenshots: Will add in a deleted post below as they involve personal details for both parties plus 3rd parties that wish to not be shown in public.


What I would like: Under normal circumstances, I would understand a HCIM death but this is not that. I paid for zero risk content and the worker had NO reason to be at wildy lever, and to lie about it. On top of being told that they is a guarantee on HCIM status before any service was performed and it not being in the TOS.


I would prefer the below happen;


1. The account be remade from scratch off a fresh level 3 I provide(including all services paid for), I will sell the dead HCIM for the best price possible, and give Kash 100% of the sale price.

2. The account be remade from scratch off a fresh level 3 I provide(including all services paid for) less the value of the dead HCIM determined by staff being paid to Kash by me.



I would accept one of the below;


3. A refund at minimum the amount it would cost to get 99fm, 70 agility, and b gloves from scratch on a fresh HCIM from him/another service provider(since this is where he claims it was guaranteed to)

4. For him to remake on a fresh account 99fm, 70 agility, b gloves off a fresh account I provide(to be completed timely, since this is where he claims it was guaranteed to)


Relevant pics in deleted post below.

 

Negligence , A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstance



Proofs;

1 Duty

2 Breach

3 Causation

4 Damages


1 Duty, Did Kash (and the worker) owe me a binding duty of care? My answer is yes. When playing on a HCIM, the thing that stands them out from a regular ironman is the fact that they only have 1 life in dangerous situations. It should be known that this status is important to the account owners. Kash and his worker understands this, as they guaranteed the status.


2 Breach, Did Kash (and the worker) breach this duty by doing something a reasonably prudent person would not do? My answer is yes. If the worker needed to go from Edgeville to Ardougne, any reasonable person would use the Ardy cloak 1 or Ardy teleport to get there if playing on a HCIM, eliminating the risk of dying in wilderness. I will include 5 ways at the end.


3 Causation, Did Kash (and his worker) cause harm directly to me (or subsequently the account)? My answer is yes. The account was Pk’d at Wildy lever after the worker negligently used it instead of multiple other methods to get to Ardougne. Causing the account to lose its Hardcore status and thus breach our contract (assumed or not) and de-value the account.


4 Damages, Is Kash (and his worker) liable for damages caused by this negligible act? My answer is yes. Per the Terms of Service (ToS) provided both times, not being responsible for deaths was not mentioned. Prior to any payment or service, Kash directly stated that the status is guaranteed, or they will re-make the account or provide a full refund. This was not mentioned before the 2nd service but can be reasonably assumed since it was not mentioned in the ToS the 2nd time.




5 Ways to get to Ardougne from Edgeville quickly without any risk to hardcore status.


1. Bank at Edgeville and tele using Ardy cape 1

2. Ardounge teleport in spell book(if no runes there is GP on the account and can buy runes from Ali Morrisane who is on the same continent)

3. Minigame teleport to castle wars and walk

4. Walk from Edgeville to grand exchange and use the tree to go to Ardougne

5. Home tele to lumby and walk to Rimmington and use Charter ship

 

@mods, please close/lock.

We have agreed to a solution, if there is any further problems I will re-create and reference.