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wormman20030

Lily Auction-Wormman20030

wormman20030
15 years ago

A response from Marvin Wilkins (Wormman 20030)

I wish to respond to comment made on the Garden Web forum. Before I respond to the comments made, I would like to state with disdain and sorrow the comments concerning the Lily Auction. I have experienced the Lily Auction in every possible way. I have sold and bought items on the Lily Auction. Go to the Auction and look at my feedback and you will see that I have spent thousands of dollars purchasing daylilies on the Lily Auction. I have never encountered any individual that I thought was dishonest. My experience has always been good. Any comments to the contrary are unfounded. I would still choose to purchase daylilies from the Auction without reservation. In fact, my experiences with daylily people have always been positive. Daylily people are friendly, willing to share information, and even, their plants.

Now to comments made concerning my honesty and integrity. I have worked hard for several years to create a business to supplement my income as I approach retirement. I have been a minster who has served the church for 41 years. Not ever receiving the best wages but joyfully doing what I could to make life better. When one questions my integrity , I could provide 100s of people who could speak to this matter. I am not dishonest or a scam artist. Because of the comments made, this part of my life that I have enjoyed is now in question.

I in this response do not wish to make excuses for myself this spring. I only want to tell the whole story of making a series of mistakes that I have learned from in the past two months. First, I have admitted to several over the internet that my biggest mistake was overselling this past winter. I did not realize that I had done this until shipping time. I can guarantee that I have learned my lesson and determined that it is not worth the agony I have experienced to repeat the process. In fact, at this point, selling of daylies is not something that I think of pleasantly.

A second observation that has been made is that I still have a store on Ebay. I had made a decision several months ago to close this store. The only reason it is still there is for buyers to have an avenue to contact me. I have not actively listed plants on the general auctions plants for at least 2 months. The store will be closed as I do not wish to sell again for some time.

Since Lucille Hollander has found it to be worthwhile to name my name in this forum, I would like to deal with the issues she has raised. She contacted me to ship her plants and I believed that I had done exactly that. I had a tracking number where the plants had been mailed. In fact, a refund check was sent to the same address. I discovered my mistake last week and sent her a refund. Now how could this happen? I discovered that I had attached a different address to the sheet concerning items she had purchased. It was an honest mistake on my part and corrected the mistake. As you do not know me personally, you might find it hard to understand this situation. I am an individual who works very hard and when under pressure as I have been the last two months, I run around like "chicken with it head cut off." I do not take time to think but worked to get orders out quickly. Perhaps, the is made clear in the fact that I have mailed out an average of 25 packages a week. Again, this was an honest mistake I made and not an effort to scam Lucille.

I also need to address the issue of communication. I am not generally as slow in responding to emails but when I work 10-12 hours most days I do not feel like sitting down to the computer. These may mean nothing unless you know that I am over 60 years old.

Another mistake I made was selling some plants and seedling for a friend who lives 180 miles from my home. One day a week I spend 12 hours going to his home to get plants. He is a dear friend and I do not regret selling the plants but it did contribute to my getting not everthing out in a timely fashion.

I also had some plants to die this past winter. I lost at least 150 pots of plants this past winter. I did not expect this for I have never lost so many plants. This is why I have sent refunds for plants that I either do not have or are too small to ship. As a friend said, "you learn by doing and you learned an important lesson."

I have made several mistakes for which I take responsibility for but never intended to defraud or scam anyone. What disturbs me most is that people have sought to destroy a person they do not know as well as the Lily Auction. These individual s must be ones who have never made mistakes and now have the right to cast stones at others so maliously. The whole thing to me is so stupid in the fact that when I shop for cars, food, clothing, and anything else I do so based upon my experiences. Just because, I do not like the service does not cause me to embark upon a crusade to destroy them. The Lily auction provides us with opportunities for feedback and the right to not buy from someone that we feel offers us bad service.

I am now about to wind up shipping out items I owe people. It wil be sometime if ever that you will see me selling again for people like Lucille have taken the joy out my life with unreasonable accusations and a great deal of pain and suffering for you see I too bleed. Marvin Wilkins

Comments (32)

  • loveofmylife680
    15 years ago
    last modified: 9 years ago

    Well said Marvin.
    Jill

  • shellyga
    15 years ago
    last modified: 9 years ago

    Marvin,
    I appreciate the time and effort it took to "face the firing squad" and I thank you for your honesty. Everyone makes mistakes and you have owned up to yours. I recieved nice plants from you and have stated so publically. I hope to see you again.

    Shelly

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  • dayliliesrus
    15 years ago
    last modified: 9 years ago

    Very well said Marvin. I wish you all the luck in the world. I have purchased plants from you before with no problems. Mistakes do happen even to the best of us. You learn by those mistakes and go forward a better person for them most of the time. Some people just will not let it rest though. Let's let it rest for now.

  • Nancy Barginear
    15 years ago
    last modified: 9 years ago

    Hi Marvin,

    I read your long post with much interest. I assure you I am not the least bit interested in destroying anyone. My only concern is in getting either the correct plant that I purchased from you last fall, or in getting a refund. Simple. I do not fault you or anyone acting upon your behalf for making mistakes.

    While everything you wrote obviously elicits compassion and empathy in those who haven't been directly affected by your actions (or non-actions), your eloquent words still leave doubts in my mind as to your sincerity.

    I have yet to receive any communication or satisfaction from you regarding the wrong daylily being sent to me. My e-mails have gone unanswered. I can only assume then that you chose to ignore them. I am positive that it would have taken only 30 seconds for you to hit the reply button and type me a short response. Yet I find it amazing that you were able to write this lengthy and detailed post, without first having resolved all of the problem transactions.

    You seem to communicate well via computer. What kept you from replying to me? You sent me the wrong daylily. Why haven't I received the daylily I purchased? If you cannot provide it, why haven't you sent me a refund?

    And to my fellow members of this forum, I'll be delighted to "let it rest" once Marvin takes care of his obligations to me.

    Marvin, please, just send me STRAWBERRY LIGHTNING, (preferable) or send me a full refund (less preferable).
    Either way, peace be unto you.

    Nancy

  • Maryl (Okla. Zone 7a)
    15 years ago
    last modified: 9 years ago

    I was not a daylily person for many years. Therefore when I became interested in daylilies about 4 years ago it was of great interest to me the difference in the process of purchasing daylilies from other plants (perennials, roses etc.). I'm intrigued by the fact that the money for daylilies ordered in advance (fall for spring) isn't held in escrow in case of crop failure or personal issues (and a ready refund if that occurs). I don't know Marvin from beans, but only in the daylily business have I found "compassion and understanding" an issue when expecting a return on my hard earned dollar when orders cannot be met (for whatever reason). Such is the mom and pop industry I guess and Caveat Emptor when it comes to daylilies.

  • pineviewplanter
    15 years ago
    last modified: 9 years ago

    I have made purchases through Daylily auction and have always been very pleased with what I received.

    I got one wrong plant one time... and wrote to the fellow and he corrected it. But it took a couple of months. But being in the Auction business myself, I understood... and because I was patient, he rewarded me with bonus plants.

    I don't think anyone should fault an entire board for one little mistake.. Marvin don't let one person rain on your parade.. Let God handle the tough ones for you.. after all it is only a plant. Not soul shattering,,,,, Give the lady a refund and then send the plant to me.. LOL

    Hang in there Marvin... it will all work out for you... just take it easy and let the Lord handle it.

    PVP

  • happyjacq_bris
    15 years ago
    last modified: 9 years ago

    For goodness sake would someone with the plant just send her one please or at least some pollen, anything so that her little tirade can stop. As for "peace be unto you" sounds largely hypocritical to me, not to mention too little too late.
    Hang in there Marvin, everyone makes mistakes.

  • MaxBaerHems
    15 years ago
    last modified: 9 years ago

    Nice to see the "Silent Majority" start to speak.......I knew that Common Sense and understanding would prevail.....as long as Marvin does his best to make things right and learns from this sad situation, then life will go on as "Normal". I feel very bad for those that have had to suffer through the agony of not getting their plants shipped on time for them. I am sad that some may have recieved the "Wrong" plant....but I doubt there is a seller out there that has not had that happen by accident. Most Buyer's don't have a clue as to the process that some seller's use......many seller's don't have a "Perfect" system yet to fill their order's with. For many, both buyer and seller...it's a totally NEW process. Maybe a little common sense and understanding will prevail over time and both the seller and buyer's in this situation will get satisfaction and recover from this bad experience. I sure hope so!

    Rick

  • tweetypye
    15 years ago
    last modified: 9 years ago

    I agree with the "silent majority". Being on both sides of the game, so to speak, I understand the problems that occur sometimes from buying and from selling dl's. But making such a huge deal over it is a wasteful use of ones life, seems to me.
    I've had a few problems with buying on the LA, but that hasn't stopped me from buying and I certainly haven't dwelt on it or made it a constant source of conversation and irritation in my life. Life's way to short to dwell on the negatives that arise from time to time. :)
    I think Mike does an excellent job with the LA. My goodness, have you ever stopped to think of how many transactions take place there in a year's time? There's bound to be some that don't go smoothly. I'd sure hate to have the headache of dealing with every problem and irate person that arises there.
    I have purchased from Marvin before, with great results too.
    As for selling, you just can't please some people. I've had one customer who expected to receive huge "Florida" grown fans I suppose, although I clearly state in my auctions that my dl's are lined out and field grown. This particular customer didn't bother to contact me personally about her concern with the size of the fans, one of which I might add was a mini dl and makes tiny fans, but left neutral...bordering on negative....feedback for me instead. I also clearly state in my auctions that if the customer isn't satisfied with the dl's they may return them immediately for a full refund of purchase price plus shipping. You just can't please everybody all the time.
    I think Marvin will make good on all his transactions if people will just give the man time to do so. It can be over whelming, and I can certainly understand his dilemma.
    Anyway, just my opinion, and I applaud you Marvin, for your honesty and fortitude and for your nerve to come here to state your side of the story. Bravo, and hang in there. This will all go away soon and you can get on with your life.
    Jan

  • dayliliesrus
    15 years ago
    last modified: 9 years ago

    I agree whole heartedly with the Silent Majority as well. Accidents happen even to the best of us. I do not believe that there is one soul on here that honestly has nothing to confess to. I have always heard that you get things a whole lot faster and better with sugar. It has always worked for me.

    I have been a member of the Lily Auction for alot of years now. Each time I have corresponded with Mike both as a buyer and a seller, I have found him to be a complete and honest businessman. He runs a clean ship but even clean ships have mates that make mistakes. He is not to blame for any of this and in fact he has bent over backways to assist Lucille and others. He also has been a compassionate man toward one of his sellers.

    I remember once dropping several orders and sending out incorrect ones. I made good when they bloomed and was able to tell them what they had. Everyone was happy and I do not believe anyone threatened to get the DA after me. No wonder the court system is backed up. LOL

    Thanks! Lynn
    Dayliliesrus/Homey

  • jumpin4joy
    15 years ago
    last modified: 9 years ago

    I hope it all works out. I am going through something very simular myself with another seller on a different site and I just want to say, A note can be so helpful. When you are selling online it is a bussiness if you except money so communication is key. We all get nervous when we dont hear back and it seems all this may have been avaoidable with commuinicating. If you are going to sell you HAVE to write back if there is a problem so people dont get nervous to fast. And rember The paypal refund button is open 24 hours a day. If you cant fill and order this is understandable Just refund as SOON as you know. With the ecomomey so messed up People cant loose. If its no longer fun. STOP There is to much peace in a beautiful garden to destroy it with money. I say if you truely love to garden keep bussiness out and leave it to the proffessionals. I want a stress free garden. Once I walk outside This computer is Forgotten And Im not changing that for no one. I hope you find a solution and instead of argueing and getting upset it sounds like a Im sorry would go much further. It was a mistake. Like I tell my 8 year old If you make a mistake say Im sorry, make it good and it quickly fades away. Just my 2 cents... Brandy

  • amateur_expert
    15 years ago
    last modified: 9 years ago

    You know, I avoided the other Lily Auction threads because after I read a couple of posts on the first one, I knew what kind of "conversation" it would be. After this one started, I went back to the second one to read some of it. I have to say that I am very disappointed at many of the people on this board. That second thread should have been titled "Let's trash a particular LA seller" because that's all it was.

    I'd like to say to all those people - do your trashing in your own private emails. What a way to shame and embarrass a person. I sure hope that you wouldn't do that if he was standing right there with you - although I have a sense some of you would.

    Christine

  • jakejones
    15 years ago
    last modified: 9 years ago

    Nobody was out to trash anybody as far as I can tell. Even the auction owner, Mike, mentioned that wormman was failing to communicate directly with customers. After not shipping merchandise, not returning checks and not answering emails, people took to a public venue to have their property returned. Let's remember who is at fault here and not transfer blame to someone else. Marvin has acknowledged his mistakes, finally. Nobody is at fault for calling for a return. Nobody should be critized for asking others to live up to the responsibilities that both agreed to. And in the future, I hope that people are aware that certain sellers have difficulty completing orders. That's not being vindictive, merely a review. People shouldn't expect a good review based solely upon intentions. That's the way I see it.

  • jumpin4joy
    15 years ago
    last modified: 9 years ago

    Well it sounds like alot of feelings are tied up in this and hopefully by Friday it will all be straightend out. I say Friday because if everyone has good intentions thats pleantly of time to get things straight. No I dont think we are supposed to name names on here But both parties have spoke up and now hopefully if things are done right there will be a quick resolve and those who took the time to post negitively, which I dont blame for being upset will also post that they are happy and things have worked out. We all need to keep in mind we are dealing with plants and to sell them in advance of a season is very premataure to count on. We all hope for great plant sucess but There are no gaurentees and it can lead to hurt feelings and disappointment. When selling or tradeing a date of no later than _____ is always a good idea when reffering to shipping of them. Also make it clear you are selling plants that could possibly not make it over winter. And make it clear you dont return emails. This will affect selling... But at least the people wont be disappointed because they know what to expect. I hope this works out for a quick resolve. It was not Lily auctions fault any more than it is the fault of gardenweb for allowing this post. It was miscommunication and overselling that lead to these Problems... Mistakes happen But it is time to make them right and be done for all.

  • sassyd
    15 years ago
    last modified: 9 years ago

    The man said...........he was sorry! What do you all want his blood too? I've been on these boards for awhile.
    Some of you people make me sick! And why I don't converse much, I always tought I loved daylily people, I was wrong,
    I have never met more angrier, hateful people in my life.

    I'm just curious, whats wrong with you people? My God, is your life so bad? Is it so wrong? (Then get off your a@@ and fix it!)

    Wonder why newbies don't post here? Duh!!!!!!!!!!!!!!

  • Nancy Barginear
    15 years ago
    last modified: 9 years ago

    Several of you have confused me with Lucille. I suggest that before you start throwing darts at me, you read the whole story, from the first thread to this one, post by post.

    Nancy

  • snuffnpup
    15 years ago
    last modified: 9 years ago

    Hi
    I too do not post often. I too have ordered from Wormman.
    I have followed this post but have kept my comments to myself and Marvin and one other related person and he has replied each time. Let me relate an incident that happened to my husband and myself. We ordered a full semi load of bricks to pave a driveway. There was supposed to be a forklift coming with the semi to unload. It broke down in a field and so we had no way to unload. I phoned around and the local building supply had one we could hire. When they got to our place they refused to unload as we hadn't bought the bricks from them (we had asked them to match price but they couldn't) The semi driver told us that since the trailer was sooo heavy and the pavement was soooo hot the load could sink and tip the trailer over so we had to unload it and fast!!! My husbands solution was to move a mountain one brick at a time. For me the mountain was unsurmountable so my solution was "no way we can do this alone we need help" so I went uptown where the teens hang out and offered jobs to the big guys. I called friends who showed up with their kids too. In 4 hours we had the trailer unloaded.
    My point is not everyone handles a huge problem in the same way, some work at it in an independent way because they HAVE been able to overcome big obsticles in life before...one brick at a time...some cry for help because life has taught them that they CAN ask for help and it's not a failure . We all do what we feel we can at the time. People who have at one time felt out of control or powerless rightly feel the need to stick up for themselves and be heard -- to not be a victom. We all have reasons for how we act. The roads of resentment and of guilt are paved with sharp stones. Choose a new path, a gentler one.
    And by the way my plants came today. How were they? At this point that's between Marvin and myself.

  • mike_hi
    15 years ago
    last modified: 9 years ago

    I wanted to thank Marvin for his statement which I think was very brave and full of integrity. Moreover, not to minimize Marvins mistakes, but just look at his feedback and the number of very happy customers raving about their plants. Some people have contacted me stating that they felt that Marvin has been unjustifiably slandered here on Gardenweb. Unfortunately, someone felt it necessary to make this whole matter public.

    An attorney has been consulted who felt that Marvin's livelihood may have been damaged as a result of what certainly appears to be deliberate slander, from someone who was clearly and loudly out to damage his reputation, and that he may have a good case of libel if he wished to pursue it. We will allow Marvin, as we would any Lily Auction member, a rebuttal remark in his Lily Auction feedback for every negative or neutral comment made.

    The Lily Auction remains a safe and fun place to buy and sell daylilies and while mistakes and problems can and do occur, as they do with any other venue, we always do our best to help resolve any disputes. I hope that people can see that there is no need for public slandering and that there is a lot more fun in working out problem in an adult and amicable manner.

    Aloha from Hawaii,
    Mike

  • lucillle
    15 years ago
    last modified: 9 years ago

    This is America and there is simply nothing actionable about speaking up, and speaking the truth.

    Mike, here is your email to Maryann in which you sent me a copy:


    Hi Maryann:
    What is going on with this? Has Marvin reimbursed Lucille yet? He needs to refund her by going to paypal and returning her payment. I don't believe Lucille can do much at this point. She publically aired a complaint in Gardenweb and I don't blame her since he didn't send her refund. After all, she paid him in good faith, she has the right to get her money back if Marvin can't deliver or deliver on time. She is not legally culpable for posting a factual complaint publically. Marvin needs to refund her promptly.
    Mike
    Mike Longo
    the Lily Auction Auctioneer

  • okbt
    15 years ago
    last modified: 9 years ago

    Well,now it has become a legal matter,and all would do well to end these posts now.These posts can all be used in a Court of Law to support Marvin's libel suit.Along with his communication skills,his honesty,integrity,and character were assassinated here.Anyone that "badmouthed" him can be named in the suit.Gonna cost a bit more than a few plants.

    Yes,I have bought from Marvin a few times,and I definately would again and reccommend him to others.And yeah,I've been burned on LA,but that was between me and the Seller.

    My father always said,"you are only as free as the next guy's nose".When you punch it there are consequences.
    The one we killed last year didn't contact a lawyer.
    So...who we gonna kill next year?Seems to be a "Rite of Spring"around here now.

  • bambi_too
    15 years ago
    last modified: 9 years ago

    Get real, first of all I believe Lucille, posted facts. Second, the burden of proof that she or anyone else for that matter has damaged his business or reputation is on him. Third, where would the case be heard? Last but not least even if Marvin were to win, it would be very hard to collect anything. If Marvin was that busy and that far behind in shipping he should have been checking and answering his e-mails. The final point as far as Marvin seeking damages is that if he does and the word gets out he will do more damage himself.

    I have had my own experiance with Marvin, I purchased a plant from him, it arrived later (I wanted it early enough to pot it up and bloom here, not with cut scapes like it arrived) than I would have liked, and when it bloomed the following year it was not the plant it was supposed to be. I contacted him and he identified the plant, and offered to send what I purchased. I asked about rust and was supposed to contact him again in the fall to arrange the replacement. I decided to forget about it, sold the plant he sent me and purchased the one I originally wanted from someone else. There are 2 reasons for this #1 I am not purchasing plants from the South anymore, and #2 I didn't want to wait another year to see if I had the right plant, it would have been 3 years from purchase to the first bloom here. I wanted the plant for its pollen 2 years ago.

    That is the third time I got the wrong plant through the LA, and the first 2 shippers did nothing to correct their mistake, one told me she didn't own anything that looked like what I had despite the fact that she had it listed on her web site, the other just told me what I did recieve and told me it was a more expensive plant and that I should be happy. So I gave this guy a second chance and included a note asking if he could send a fan or 2 of the plant I purchased with my purchase as a bonus, I recieved that plant, and a very nice bonus, but not the plant I purchased! When I asked about it I was basically called a liar that could not be made happy, and was told not to purchase any more of his plants. Not that I would.

    I have moved away from the LA and purchase from nurseries now. I have not looked at the LA in almost a year. I have found it easier to purchase plants that way. I don't know how many times I bid on 3 plants to get combined shipping, only to have 2 of them sniped in the final minutes of the auction and ended up paying postage to receive 1 plant. It was fun for awhile, but I think I have saved money by changing by buying habits. I make less impulse purchases based on photos that may not be accurate, and I don't have to worry about being outbid.

  • eickenho
    15 years ago
    last modified: 9 years ago

    I have not posted on the GardenWeb forums before, although I am a long time reader. I am new to daylilies, and have enjoyed reading most of the posts and looking at all of the pictures on the Daylily forum. I have never purchased daylilies from the Lily Auction, nor do I intend to after reading the posts in this thread, especially the posts from Mike. The reason I am writing is because I am an attorney.

    Mike, you told us yesterday that you consulted with an attorney, and that this consulting attorney informed you that Marvin has a viable slander/libel lawsuit against Lucille. If, in fact, you did consult with an attorney, you did not provide him or her with all the facts, nor did such attorney read all of the posts associated with this thread (including the original thread). If all the facts had been provided, he or she would have told you, among other things, (1) this would be libel, not slander; (2) truth is an absolute defense to a libel claim; (3) the problems and issues involved in establishing personal jurisdiction in a case such as this; and (4) the difficulty of proving damages in such a case (as well as collecting any damages, if any, in a matter such as this). He or she would have also informed you of the potential counterclaims Lucille would have, including fraud, negligent misrepresentation and an action under the very consumer friendly Texas Deceptive Trade Practices Act. No doubt, Lucille would show how you originally supported her position against Marvin; that you had banned Marvin from selling on the Lily Auction because of his actions or non-actions; that you doubted Marvin had really sent the check to Maine (and in fact, promised to call the vendor in Maine to verify receipt or non-receipt of the check, and then report back on this thread), and that you flipped flopped your position depending on the latest post on this thread. But, all of this talk regarding lawsuits is absurd.

    This thread on the Lily Auction was originated because Mike arbitrarily deleted a negative review from "grammygrower" regarding a certain seller (see the original thread first posted on May 27). I guess Mike decided that as buyers and consumers, we were not educated or adult enough to decide for ourselves whether to bid on future auctions from this particular seller because of this negative review. (And if you want to talk about libel, Mike came mighty close to the line when he essentially called grammygrower a liar by saying she had fabricated the story regarding the seller). Interestingly now, Mike says Marvin can rebut and explain any negative comments. If that had been done with grammygrowers review, this whole mess might have been avoided.

    The Lily Auction thread continued when other people said they had not received their daylilies or refunds from Marvin. Nor had they received any communications from Marvin regarding their purchases. And granted, Lucille did not handle her position well with her speeches on being big and bad, and her laymanÂs lawyering (her interpretation of the Uniform Commercial Code and its application were silly), she had a legitimate complaint. She paid for daylilies that she had not received, the seller had not communicated with her, MikeÂs intervention did not result in a refund, etc. Others had the same issue with Marvin. Yet, when Marvin replies and "faces the firing squad", this supposed villain becomes a saint. Posters are now saying that the "majority" support Marvin. How in the world do you know who the majority of the people reading these threads support? Again, how can you not support the position that a person paying for daylilies should receive those daylilies or a timely refund and explanation?

    In summary, the legal positions and advice articulated in this thread should be ignored. Simply state the facts, let all reviews be accepted and posted, and let people decide how to go forward.

    Marilyn

  • suel41452
    15 years ago
    last modified: 9 years ago

    I find it astonishing that a minister of the gospel would sue someone for venting anger & suspicions on any forum. Try to see things from her point of view and forgive the anger - after all, as you admitted, the errors were all your mistakes - sincerely apologize to Lucille for inconveniencing her so much. Then be the bigger person & just drop it.
    Marvin, if a true Christian minister cannot turn the other cheek and go the second mile, what kind of example of God's love are you exhibiting to the world?

  • okbt
    15 years ago
    last modified: 9 years ago

    To somewhat clarify what I posted about a lawsuit I meant that it could get costly for both parties. I don't think Marvin would win,but there would be lawyer fees for both sides.I just think that this kind of thing is better kept between the parties involved in the individual complaints.
    We don't know how many people complained about him this year and probably never will.What bothers me the most about these threads is the fighting amongst ourselves over the misfortune of others.I am not for or against anyone in this.I hope there is satisfactory resolve for all involved.

  • ahead
    15 years ago
    last modified: 9 years ago

    I am getting confused?? Happens easily...lol

    How does a simple sale of a few daylilies get to this point?

    How does Lucille complaining about a seller, Mike ultimately securing her a refund, and Marvin admitting mistakes get so messed up?

    Is Lucille a victim? Yes, in my eyes. She ordered something that didn't come, and because of an admitted lack of communication, wondered aloud if she would ever get satisfaction.

    Is Mike a victim? Also yes, in my eyes. He responded to the situation, and supported Lucille getting her refund...only to be dismissed, in my opinion.

    Is Marvin a victim? Why not:) Even with poor cummunication, he is now being attacked on a personal level...when the issue should have always stayed about plants, received or not received.

    That fact that Marvin is a minister is no reason for a public stoning, I believe. We ALL have the same moral obligation to each other, no matter what our occupation is.

    That fact that Mike got scolded even after aiding a refund was puzzling to me. A simple thank you would have seemed more appropriate...but, that's just me. Not being a lawyer, the whole issue of libel/ slander is confusing. Wouldn't leaving negative feedback on the LA fall under the same area of concern, as a comment left on this forum? They certainly could be interpreted as trying to effect a person's abiltiy to make an income? This whole area makes me scratch my head????

    And finally Lucille. Certainly the first victim in this whole affair. Lucille, personally I don't understand how continuing a mission against Marvin serves either of you...or posting private emails will gain you public support as this thread continues..but what do I know?

    I'm not against anybody. Hopefully, things can return to a more reasonable tone. Public opinion is easily swayed, and my guess is that the individual who decides to take this to a new level of negativity will ultimately be selected as the loser.

    Peace please,

    Steve

  • mike_hi
    15 years ago
    last modified: 9 years ago

    Folks....This is getting a bit of hand. One has to think if some people have nothing better to do than to make mountains out of molehills. Some of you who responded, have clearly not even read my post. If you don't read, please don't make a reply to it. In fact, I never stated that I consulted an attorney. I just said that an attorney has been consulted. And I wanted to point out that if you damage a person's livlihood as a result of unsubstantiated slander, you can be held accountable. Be careful what you say. This is not a threat of lawsuit, just some good advice.

    It is easy to state your 'experience' here with no facts to verify that what you say is true. Had you complained to us we would have the facts of what the item was and what was said in the description, etc. Any negative comments made here, without facts to back it up, is just worthless prattle. If you have a complaint, do something substantial and use our feedback protocol. I will explain this later.

    Let me say it once again: No one has the right to stifle the FACTS. That is never the intention in any of my posts. It is the damaging assumptions and implications that have been made that have INDEED damaged Marvin....implications and even statements MADE PUBLICALLY, that he was deliberatly trying to rip people off...WHICH IS CLEARLY NOT THE CASE. There was a lack of communication to his buyers, yes, and a couple of mistakes. This is very different than what some were saying.

    Most of this misunderstanding and mis-information can be avoided if people would simply follow the Lily Auction Feedback protocol:
    1) Contact the seller first if you have a dispute.
    2) If no response or inadequate response given by seller, then do contact us.
    3)If you are not happy with the result of the above 2, then leave FACTUAL negative feedback.

    And know that if a seller is proven to be abusive or negligent in fulfilling orders, they will be suspended from the Lily Auction.

    This feedback system is already in place and works just fine if people would use it as it was meant to be used.

    Steve, thanks for your comments and sanity. I understand your "head scratching" though. Here is how I understand the legalities, in layman's language: Emotional, defamatory or judgmental feedback can be considered libelous. Comments like: 'Seller sent bad plants & 'ignored' my emails" is different from saying 'I was not happy with plants and got no reply from my many emails' which is factual. Comments like, 'this seller is a crook and is deliberately ignoring me' is clearly libelous.

    If you have any doubt about what is libelous, then you should ask attorney. If your comments are factual, you do not have to worry.

    Also, a seller may never respond negatively to a buyer unless the buyer does not pay or is verbally abusive. Moreover, retaliatory feedback is NOT allowed. So buyers should feel free to leave honest and factual feedback without fear of retaliation.

    Please folks, if you still feel that the Lily Auction is a good place to shop then please use our feedback system as it was meant to be used. Looks like a couple of you don't like it. That is your prerogative. But don't blame anyone but yourself for not using the feedback system if you did not report a bad experience.

    One person stated that 'Daylily people' are not 'nice' people. Boy, if anything is the exact opposite of the truth, this statement was. Generally, daylily people are wonderful. I have met some of the nicest people in the world through daylilies....through the Lily Auction, other venues, and conventions. There are definitely exceptions though, as with anything else. I can tell you with absolute confidence, that it it only 1/10th of 1% that are problems.

    Certainly fraud of any kind must be exposed and not tolerated. But this was not a case of fraud. Marvin must reconcile his mistakes, and he is doing just that, and he must also take responsibility for his lack of communication. My experience with him is that he is a humble man, overwhelmed with orders this spring, and on the verge of tears to me on the phone about this whole incident. I see no reason why we cannot both hold him responsible, which he clearly does himself, as well as treat him with kindness. I don't see this as a matter of either/or.

    Truth with compassion, has always been the high road for me.

    Sincerely,
    Mike Longo

  • dayliliesrus
    15 years ago
    last modified: 9 years ago

    Well Said Mike!

  • lucillle
    15 years ago
    last modified: 9 years ago

    The short equation of a sale is money for goods, and for quite a few purchasers, there were no goods when expected, and no explanation. That simply cannot be minimized. Until these threads were started and many found that they had similar situations, each buyer was left to wonder what had happened. Quite a few came forward in that thread with their experiences.

    In the 'Disappointed with LA' thread, there was some vigorous debate about the feedback system on the Lily Auction because one purchaser said that the negative feedback she had left for a seller had been removed. There was so much debate once that and other situations came to light that a second thread had to be started because the first became too large.

    It seems to me that sometimes people will start waving the word lawsuit around just to get a reaction, or will try to put the hush on when they just don't want folks to talk about a situation. I wouldn't think anyone would be concerned under the facts and circumstances.

    The issues brought forward are not mountains out of molehills. What people think is important.
    Their money is important to them. Whether it be a few dollars for a fan or two, or thousands for the most beautiful new lilies, when people send off for an advertised daylily, they should get it or at least be afforded the courtesy of an explanation when no lily is forthcoming.
    The very fact that there were so many comments means that this proposition is not trivial.
    The LA feedback system began a thread full of controversy, there are issues still to be discussed there, but I believe that this forum can be as good a place as any to share experiences.
    Many of us did not realize that others were involved until we posted here.
    I appreciate Garden Web because it does allow us to come together and discuss our concerns, and each person has brought value to the discussion. (I appreciate the many of you who have emailed me as well).
    I hope that communication will help all of us have, ultimately, the happiness of beautiful daylily gardens.


  • Nancy Barginear
    15 years ago
    last modified: 9 years ago

    Marvin, thank you for refunding my money for the plant I purchased but did not receive. I will return the "wrong plant" back to you as soon as practicable, as you and I have discussed in our e-mails.

    It does show that you have acted in good faith. I hope that you will be able to get all caught up so that everything will be on a even keel in the future.

    I also appreciate the efforts on the part of the Lily Auction folks to get this problem resolved.

    Nancy

  • Maryl (Okla. Zone 7a)
    15 years ago
    last modified: 9 years ago

    Oh golly. I didn't know you were supposed to send back the wrong plant. I bought a daylily from another company this year(not the LA) and received the wrong daylily by mistake. They responded immediately to my e-mail, apologized, and told me that they will ship me the correct one this fall (too hot now). No mention was made of me having to ship back their mistake.

  • okbt
    15 years ago
    last modified: 9 years ago

    You generally don't.That was decided between Marvin and Nancy to resolve her problem.

  • jakejones
    15 years ago
    last modified: 9 years ago

    Marilyn, thanks for the informative post, which gave an excellent take on the issues.

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