Wow, I wish I lived in a world where I could give people advice like "drill a hole in your head tube" with absolutely no accountability... It would lighten up my schedule a bit.
"Oh, sure, you can cut that out yourself. There's a blood vessel here and a nerve here, so watch out for those. Otherwise it's a chip shot."
Either the guy will stop blowing you off and give a refund, or you'll do the small claims thing. Don't ride it, don't drill holes in it. You mentioned earlier in the thread that it wasn't worth the risk, and you're absolutely right.
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"Unless he was racing there was no way he could match my speed."