Fred Windish Posted November 12, 2013 Share Posted November 12, 2013 (edited) This is all very curious, but could make for some interesting off-season reading. From one perspective, there has been a claim of theft in the amount of $2500. Another perspective indicates the product was actually produced, but the producer decided to retain posession of the product because it didn't like the demeanor of the individual who placed the (now-completed) order. Further, the side holding the product claims it endeavored to return all funds to the purchaser, but could not, because the purchaser is unable to determine who should receive the refund. First of all, this is a very "small potatoes" amount of money. Doubtful it can go anywhere but small claims court. If, indeed, the shirts were already produced, with all the specific printed text, the shirts have absolutely NO value to anyone but the purchaser. Then, even if the manufacturer opted to simply return the money, why not send it directly to the source who made the initial payment? Can't wait to see how this all goes down. Just a guess, but I get a feeling the shirt order was bungled from the start. The shirts were never actually produced on time, The customer decided it no longer wanted the product (after the important weekend passed) and demanded a refund. Harsh words followed and the wouldbe producer determines "Ok, they'll get their refund, but they'll wait until I'm good and ready." Might be time for an intervention by Uncle Vinnie in Sicily. (kidding, of course) Edited November 12, 2013 by Fred Windish Quote Link to comment Share on other sites More sharing options...
bill Posted November 12, 2013 Share Posted November 12, 2013 (edited) This is all very curious, but could make for some interesting off-season reading. From one perspective, there has been a claim of theft in the amount of $2500. Another perspective indicates the product was actually produced, but the producer decided to retain posession of the product because it didn't like the demeanor of the individual who placed the (now-completed) order. Further, the side holding the product claims it endeavored to return all funds to the purchaser, but could not, because the purchaser is unable to determine who should receive the refund. First of all, this is a very "small potatoes" amount of money. Doubtful it can go anywhere but small claims court. If, indeed, the shirts were already produced, with all the specific printed text, the shirts have absolutely NO value to anyone but the purchaser. Then, even if the manufacturer opted to simply return the money, why not send it directly to the source who made the initial payment? Can't wait to see how this all goes down. Just a guess, but I get a feeling the shirt order was bungled from the start. The shirts were never actually produced on time, The customer decided it no longer wanted the product (after the important weekend passed) and demanded a refund. Harsh words followed and the wouldbe producer determines "Ok, they'll get their refund, but they'll wait until I'm good and ready." Might be time for an intervention by Uncle Vinnie in Sicily. (kidding, of course) Uncle Vinny, may be too far away Fred? To speed up matters I would suggest maybe securing the services of Guido (aka "Dis Youse Finger On Da Floor") and his business associate, Lil' Petey, from South Chicago. They could very well logisticlly offer their services in a more timely manner. All in jest of course............. Edited November 12, 2013 by bill Quote Link to comment Share on other sites More sharing options...
jeff danchik Posted November 12, 2013 Share Posted November 12, 2013 Having had a printing company in the past,it doesn't matter if the customer is rude.Get the job done and on time,deliver it and spend your profits on a drink or two.The rude customer goes away and you enjoy happy hour,win win.Thats why this should be in the hands of the experts.Law enforement, if there was a crime, small claims, if its just a contractual issue.My own experience the cops will take the easy notch in the belt and if it goes to court you have only a year to file.Once you win there's still no guarentee.The bus company that left us stranded in 2004 lost the case, and when we went to sheriff sale his stuff he filed bankruptcy.We were out more because of the filing fees. Quote Link to comment Share on other sites More sharing options...
TomPeashey Posted November 12, 2013 Author Share Posted November 12, 2013 If anyone from the State Department (?) needs to confirm my contact information... here you go... Quote Link to comment Share on other sites More sharing options...
TomPeashey Posted November 12, 2013 Author Share Posted November 12, 2013 I really don't mean to make light of the matter... but I have found his threats pretty funny... further, where on here have I divulged his identity? Arkansas is a big state... me thinks someone may have just a small, tiny bit of guilty conscience. anyway... up until DCA week... constant contact was maintained and delivery was promised... delivery never arrived... that really is what is important... I apologize to my good friend John Donovan for using DCP this way, but look at it as a compliment - it's the best, easiest and quickest way we have right now to discuss drum corps matters and this IS absolutely a drum corps matter. Quote Link to comment Share on other sites More sharing options...
drsedlak Posted November 13, 2013 Share Posted November 13, 2013 Tom, first, if this matter is resolved, which I hope it is, please ignore the rest of the post. Second, I am not admitted to the bar in Arkansas, so I can't give advice on their law, nor does this post intend to do so. I do know that there are many attorneys that will provide free consultations. Generally speaking, the first thing I would do is look in the contract for a dispute resolution process. That process should first be followed before proceeding to small claims court/ Attorney General / Feds or any of the number of suggestions I saw. Any court should throw out any case to the jurisdiction of the dispute resolution process in the contract. Generally speaking, the second thing I would do, assuming discussions have still failed, is get the local Better Business Bureau involved. You can find their website at http://arkansas.bbb.org/ They will be in a good position to discuss options and next steps, as that is why the organization was created. I hope that provides some help! I really don't mean to make light of the matter... but I have found his threats pretty funny... further, where on here have I divulged his identity? Arkansas is a big state... me thinks someone may have just a small, tiny bit of guilty conscience. anyway... up until DCA week... constant contact was maintained and delivery was promised... delivery never arrived... that really is what is important... I apologize to my good friend John Donovan for using DCP this way, but look at it as a compliment - it's the best, easiest and quickest way we have right now to discuss drum corps matters and this IS absolutely a drum corps matter. Quote Link to comment Share on other sites More sharing options...
Toby Posted November 13, 2013 Share Posted November 13, 2013 This original post is but one side of the issue. Within forty eight hours of the order being placed (not paid for, but placed) a representative of Heartliner was sending rude and profane messages demanding the shirts. The very unprofessional behavior of this representative was staggering. The shirts were still produced to fullfill the order regardless of the behavior. When the profane and derogatory messages persisted, the order was cancelled in accordance with American law. When arrangement were being made to return the funds, three different ppl stepped forward with claims that the funds were to be returned to them. While negotiating in good faith with one party, there were others that were creating issues and slandering the company in the background. The funds were NOT sent to a family member but were sent to the business owners. The matter is being forwarded to the US state department for investigation and federal and civil charges are pending against the originator of this post along with others that have perpetuated the faulty allegations against the company contracted for the work. I know of no American law that states you can just drop the project, especially one prepaid like that. Now, a business is entitled to decline service before payment is made, but this stinks a bit to me. As for a refund, a check could have been cut to the corps or the originating account that payment was made from. Now, adding Mr. Peashey to any litigation is a bit ridiculous, as he has not said who the person was, and is thus not accountable for libel. Quote Link to comment Share on other sites More sharing options...
camel lips Posted November 13, 2013 Share Posted November 13, 2013 I know of no American law that states you can just drop the project, especially one prepaid like that. Now, a business is entitled to decline service before payment is made, but this stinks a bit to me. As for a refund, a check could have been cut to the corps or the originating account that payment was made from. Now, adding Mr. Peashey to any litigation is a bit ridiculous, as he has not said who the person was, and is thus not accountable for libel. If you read Pheonix1's previous post's here on DCP it indicates he is a Corps Director?? And reading between the lines on his post in this thread he is somehow connected to this incident?? This cannot be good advertising for his corps. Whatever corps that might be. It will be interesting to find out who this person is,,what his affiiation is and what corps it is. Quote Link to comment Share on other sites More sharing options...
Galen Posted November 14, 2013 Share Posted November 14, 2013 Ironically, as a licensed paralegal, I'm actually forbidden from giving formal legal advice. But a good "general suggestion" I can give is, first and foremost, make sure you're well aware of the statute of limitations for the state you're filing suit in (if you go the state route) or whatever the federal statute of limitations is if you go that route. The statute of limitations basically is a state or federal law that tells you how much time you have from the time the alleged crime or injury took place to file your suit in court. If you file your suit after that time period expires, your case will almost certainly be DOA because all the defense has to say is that the claim is time-barred because you missed the filing date. Quote Link to comment Share on other sites More sharing options...
camel lips Posted November 14, 2013 Share Posted November 14, 2013 Being out of state puts you at a huge disadvantage. The corps is out of the country puts them at a even larger disadvatage as far as pursuing this through the legal system/ small claims court. The weasel/jerk probably knows this. If the threats of exposing him or his corps does not get him off the fence the next best bet is to hire a in Arkansas state collection agency to collect the money from him. They know the laws very well and will probably charge about 35% and CAN take him to court on your behalf. Further more they can harrass the heck out of him if nothing else and ruin any credit he may have. Best of luck to you guys. Quote Link to comment Share on other sites More sharing options...
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