Mercedes Ban dispute

Ban link: Report Mercedes [live:mistrytee]

The simple way in which the guy has reported makes me look sketchy. So let me put in from my side simply.

I go to sell account. I receive the gold
I inform the buyer I'm going to chuck my gp and he could watch. He agreed
I chuck it and I win (irrelevant)
I go to transfer the account to him, I don't have access to the actual email which is needed for a pass change.
I inform him I can give user and pass today and the email tomorrow when I successfully get it back from Microsoft
He says no and that I had planned to do this so I offer refund and say come back to me tomorrow then.


He reports me I get TWC'd then banned.
If this was my plan would I have gone to give user and pass the same day.


This decision isn't fair from my side. I GENUINELY couldn't access the email to provide an emai/pass change.
For that reason I'm being labelled a scammer. I've sold over 15 accounts and this has never happened to me before. I'm 100% the majority of acc sales people don't log in to their actual email to see if it's working...

I am not a threat to this community to be banned or even TWC.. Ive done bigger trades with no problems. I've had @Hello Its Me have over 1b on my acc AFTER the initial TWC was place, im no danger to this site

The problem is I couldn't transfer FULL ownership of the account, DUE to unexpected circumstances from my side. It not as if I didn't offer to give the account today and the email tomorrow. See some sense from my side...

 

Mercedes Ban dispute merge to this report plz

My above post isn't really a good one because I wrote it quickly cos I felt hard done by

So to just expand some points I want to say firstly that I legit couldn't get into my outlook at the time hence I couldn't give him the account email change.

I want to point out also even if I did lose I would have 10000% gotten the account fully to him the next day, I'm pretty sure he wouldn't have complained because of my rep on acc sales and would have gladly waited, as he'd still would have had user/pass/bank pin to play on in the 24hrs...

I know why he reported me cos it does look like I backed out of the trade, that isn't the case and I am sure everyone realises that, because if this was the case I have no need to offer him the acc prematurely.

Also some people don't even give emails on acc sales so he not being able to get the email the same day shouldn't have such a consequence on me. I offered multiple time that we can finish the trade tomorrow even though he would have had partial ownership of it.

Yes this is a case of malpractice whilst trading, I acknowledge that I fucked up by not having the email on hand BUT this doesn't mean I did it on purpose, a ban/TWC shouldn't be given so lightly over a genuine unwanted problem.

 

I personally feel whatever you won using someone else property isn't something you should keep.

I go to sell account. I receive the gold - your problem because you didn't do the checks every account seller does before selling an account.

I inform the buyer I'm going to chuck my gp and he could watch. He agreed
I chuck it and I win (irrelevant) - Using someone else money (it's not yours until the account is his) to profit for yourself has actually pissed me off so much. If you don't see anything wrong with this there is something wrong with you.

I go to transfer the account to him, I don't have access to the actual email which is needed for a pass change. - Your problem. You're the account seller and these are all checks that you should conduct before trying to sell anything.

I inform him I can give user and pass today and the email tomorrow when I successfully get it back from Microsoft - Your problem. Unless this was stated before you accepted the payment that this was an issue and you were going to do what you claimed you would.. THIS IS YOUR FAULT.

He says no and that I had planned to do this so I offer refund and say come back to me tomorrow then. - Awesome you can walk away with your reward for having such a shitty trading practice.

You're trying to emphasise "I inform the buyer I'm going to chuck my gp and he could watch. He agreed" but that was based on the fact that he would be getting the account. Something you conveniently decided not to mention until the point you had won the gamble.

You were rightfully perm banned and if it gets reversed I will legit lick myself. I will reconsider if you're willing to put the money you won to good use. You mention you were in debt and decide to gamble the 380m instead of clearing the debt? at this point your ill intentions are so obvious so I hope you can change my point of view.

@Tmoe @video @Dave @Shin another opinion will be appreciated

 

Reply to Azie:

You'll kill yourself if the ban gets reveresed? Clear ur still mad at me but sure

Me being in debt and gambling my money just shows I have a problem but u don't need to point that out as a red flag

The money did go to a good cause. It was donated to sythe soon after.

 

This is hardly the first problem we've had with you and if my memory serves, you were once banned from dicing.

I think you have a gambling problem which has bred careless trading practices and disregard for how business should be handled.

You seem to admit to the problem in the above post and based off this and multiple other reports against you, I find you to be a danger to the community.

I invite more staff input as while I am not going to reverse the ban, I am not sure a permanent ban suits your transgressions.

 

to Tmoe: ever since that happened I always paid my dices I've lost mills to people on here and I have always paid no issues

 

You had a contract with beyond blue to exchange your account for his 380m. You guys don't specify when the account has to be transferred to beyond blue, so it is implied that it takes place within a reasonable time. If I'm not mistaken, certainly within the day is a reasonable time for account trades (you typically do the transfer immediately after the receipt of money, while both parties are present).

Accordingly, you failing to transfer the account - even if this was due to 'unexpected circumstances' as you allege - is a breach of an essential term of the contract. Ultimately, when you agree to sell an account to someone, you are impliedly telling them that you are ready, willing, and able to actually give them that account, then and there, in exchange for the money (not the next day). Such a breach gives beyond blue the right to terminate the agreement, which he did, and you refunded him the 380m immediately.

Some questions are:

1. Is beyond blue entitled to any further damages over and above the 380m?
2. More importantly, what should your punishment be on Sythe?

Is beyond blue entitled to any further damages over and above the 380m?

• The very short answer is, because he consented to you gambling the money before he received the account, I don't think he should be entitled to your 380m winnings. If you hold your money on trust for someone, and use it for a different purpose, if you make a profit, ordinarily the person can claim an account of the profits you've made (since you made it with their money). However, as I said, I think his consent disclaims him from that argument.
• However, a breach of contract ordinarily gives rise to nominal damages at a minimum (ie slap on the wrist money damages). Since you refunded 380m immediately, he probably didn't suffer any loss. If he wants to pursue you for nominal damages, he should ask for it and we'll deal with it then (it would be a small amount anyway).

What should your punishment be on Sythe?

• I'd like to know whether you could have repaid beyond blue immediatley IF you had lost that bet? He claims that you were in debt, and I don't know to what extent you are in debt (for example, you could have a 500m debt, but 1000m in liquid assets).
• I think a TwC is fair, because you shouldn't be gambling with somebody else's money (even with their consent) before a trade is actually completed. It is just a bad trading habit.
• Looking at this as an isolated incident, I don't think of itself it warrants a permanent ban. You were ultimately careless, very careless, and that shouldn't automatically warrant a permanent ban; furthermore, you immediately refunded beyond blue.
• However, if we look at this in the context of your past behaviour and gambling problem as Tmoe eludes to, I think a DNT might be required (but I'm not sure for the same reasons as below).
  • I can't comment as to whether a permanent ban is required since I don't know much about your past behaviour and the extent of your gambling problem.

My 2c.

 

Please put as next reply to Malakadang here:

Mercedes Ban dispute

I was in debt to Hello it's me for 150M only and it wasn't a debt where u say it must be paid instantly, because it was an account he bought for me as I didn't have fund at the time and the account price was very cheap. At the time I was sitting on about 5 accounts worth over a bill plus if needed I could have got irl money... the debt wasn't really strict because I was allowed to pay back whenever I could and we are friends
If needed I can give screenshot showing that it was a 150M debt

Also @malakadang and @Tmoe
I have only had 2 reports excluding this one against me. The first 1 is here Mercedes dice scam

This is when I was new and I was an idiot. Ever since I diced 100+M I would get an MM (Tmoe u MM'd one against buyacc) or do little bets and pay within the hour or 2 when able to
Also I requested self dice ban previously because I did stop gambling... my gambling isn't half as bad as some, I msinly stake strategically and that makes me money

Second scam report against me was by colts which is here.. this was him trying to piss me off but I didn't do shit wrong
Reporting Mercedes (Framing & Attempted Scam)

Any other reports u remember me from was me reporting the person like the C0ngs staking one and Savage not paying me

I don't have any other reports against me

 

I completely agree with Azie and believe he should stay banned, this is completely disgusting trade practice.
Chucking someones GP when the account is not even in their possession, and then the account not even being ready for trade.

I can't even begin to imagine how the trade/this situation would of gone if he had of lost the GP.
You've also had previous scam reports on your name, you clearly haven't learnt your lesson and maybe you need to stay banned to reflect on your immature trading ways.

Completely for keeping him banned, or a DNT.
There's also this thread: Reporting myself for scamming Tysimpson 25M 07

 

Pls put as next reply to Chloe on this thread:

Mercedes Ban dispute

The thread you linked above, I have already mentioned in my last post with another link, its not a different report against me. 1 report against me where I did do wrong (Gambling issue)


I understand this is not good trading practice and again I have to say this is a mess because I didn't have the email ready. Yes that is my fault, but no it wasn't done on purpose.

My ban is unfair in many eyes, but okay thats ur decision. I don't think then ban is fair, maybe a dicing ban where I can't dice/gamble - if I break the rule I can be banned... I won't be staking/gambling again, I'm going clean


I really don't give a shit about the money atm, I just want to get on Sythe and make my cash because my rep is going down the drain everyday when people asking me why I'm banned and having to link to the thread

Out of good will and good intentions to show I'm not here to screw someone over I am willing to give some GP to those scammed by someone else.

Also just FYI I have almost 5+ accounts that I own personally sold on this forum, none these guys have had any issues even after this ban, Im not here to screw someone over.... my 3 week ban (currently) itself has taught me a lesson to value trading practices.

Just understand from my POV that I didn't have access to the flipping email, I couldn't do shit other than refund him. If I had lost (yes a 50/50 chance) I would have gotten the account back next day or even same day by putting an acc recovery

 

@Im Solo @veng @Killswitch @Axiom @Menno @video
Looking for other opinions.

 

Changing my opinion on this situation, I don't think he should be unbanned with a TWC I think he should be given a DNT for x amount of time, 3 months would be fair in my eyes.

Edit - I also think he should be given a 1 year dicing ban, maybe even permanent as these actions are those of a gambling addict and I wouldn't and even want to give him the chance to pull something like this on site. (Donor Lounge and Sand Box Ban)

 

I believe a perm ban is kind of unreasonable.

I know what he did was stupid but beyond blue didn't seem to have an issue with Mercedes staking the gp before giving him the account (probably because he assumed there were going to be no issues when it came to changing all the information to his). This is careless behaviour for both of them and Mercedes should have given the account first just to ensure there were no issues.

IMO i believe he should be unbanned with a TWC along with a dice ban.

 

@Azie amd @Chloe both bring up what a bad trade practice staking the money was and that appears to be a large factor in your decision. However as malak explained Mercedes had permision from blue to do the stake. I could see your points if blue had no idea or even worse said no and Mercedes did it anyway. It was also brought up that the account wasn't even transferred at the time of the stake but blue would of been aware of that and consented to the stake regardless so that point would be invalidated also. I feel a perm ban is completely unjustified and I will support a TWC or a DNT whatever is decided in the end.

 

Blue gave permission based on the assumption he would be getting the account.

Do you actually think he would have agreed to it with mercedes saying the account isn't even in a state where it can be transferred?

Use your logic, why would mercedes risk losing that money when the account isn't even ready to be transferred? what retard is so retarded that he fails to go through these obvious checks? (nicest way I could think of raising the question)

I'm posting because a few of you are going on about blue giving permission.

 

Alright so the trade between beyond blue and Mercedes was never finalized because Mercedes was not able to provide the account details to beyond blue.
Mercedes was originally selling his account to pay for a debt which means he did not have enough money to pay for it himself.
At a certain point Mercedes is holding beyond blue's money and he decides to gamble money that is not his.
The one question I asked myself was "would mercedes been able to pay beyond blue's money in case he had lost?" and the answer to this is simple: no.
So there was a serious intent to scam and therefore I strongly disagree with lifting his ban (a dnt would be fine though).

 

please put as next reply to Menno on my Ban appeal

I already said it wasn't even a debt.. hello it's me will confirm this. he bought an account for me while he retained possession of the account.

I could have easily paid the money back had I lost. I have irl money but was reluctant on touching it especially as I had a lot invested in accounts which I would have got back once sold...

 

It seems the majority of us have agreed to a DNT, which I've applied to your account now.
You're able to pardon whenever you want, although I suggest waiting 2-3 months and being active in the community while your DNT is applied to show us you care for more than just trading.

Request a Pardon
Here's how to fill out the pardon template: [READ BEFORE REQUESTING A PARDON] Rules to avoid thread being locked or auto-denied.