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Dakka User ID: redstarone

Owner of Website: conversioncorner.com

Item: Thunderhawk Gunship Scratchbuild.

Date item commissioned: August 2008
Payment sent: February 16th

Details: I commissioned a T Hawk (pictured in this thread http://www.dakkadakka.com/dakkaforum/posts/list/275774.page ) from RedStarOne back in August of 2008 (that was the point when we finalized price, timeline, and details). For the next 18 months he indicated that pictures were imminent (he reported having camera problems), but I did not see any pictures past some WIP gaks that he posted on his website (under Howling Griffon T Hawk I believe).

In late January he posted some WIP shots in a Dakka thread (http://www.dakkadakka.com/dakkaforum/posts/list/275774.page). After requesting a few follow-up pictures, I sent funds to him Via PayPal on February 16th. At this point I was assured that shipping was the next day, or the next few days, or the beginning of the week through various emails. After over a month of this, I placed a PayPal Dispute on March 28th (a few days shy of the cutoff date to place a dispute). At time he contacted me through PayPal once again promising that shipping was going to be very soon. I indicated that he needed to have either a tracking number, the item delivered to me, or a refund to me by April 11th (Today). He once more did not ship the item out, provide a tracking number, or issue a refund. Today I escalated the Paypal dispute to a Paypal Claim, and have little hope of getting a refund or my item anytime soon.

I am posting this Transaction Report here at Dakka to warn my fellow users of someone dealing in bad faith, not to bash or flame. My desire was for a T-Hawk that did not cost an arm and a leg to field for an Appoc game (a game so long in the past now that even the store it was being held at is out of business). I guess I need to see if I can make heads or tails of the templates I have if I want to field a t-Hawk in the future.

Hmm.... from what I understand, nurgleboy also has a dispute with him. You couldn't find that transaction report?

it's locked, awaiting an Update on a refund status

Darryl,

You and I have talked. You didnt even email me today or yesterday to tell me your filing. I left a message on paypal telling you my plan. You agreed. I told you to file the claim within the 5 days left before your time ran out.

Posting here after being polite with me seems odd. That said, im on paypal right now, you wanted your hawk I thought but it says there you want a refund. So, fine. Ill issue a refund.

Im past the point of being called a thief or a liar. My life has some serious problems. During this long wait, YOU KNOW what ive been going through.

That and well, our trade for this didnt even start on dakka... it started on a completlely different forum...

So, if like nurgleboy, I rfund and you need a screen shot, tell me and ill post it here. Other then that, thanks for not emailing me.. when that could have solved alot right there.

EDIT - You want the refund or the hawk? Email me please instead of just postingt for me to only find it after a friend emails me the link.,...

EDIT 2 - During that 19 month window my son passed away, my wife has been battle stomach cancer and I regularly have to care for her after chemo... to the point I have NO time for anything else. Hell, I had to quit my real job and start temp jobs for the shorter hours to care for her. I only mention this because im tired of emails and PMs of people acting like I sat around and did nothing. Im apologize for being slow, but seriously, any of you going through this would be slow to.

So again, Darryl, like we discussed, do you want the hawk or a refund? I ask here seeing as how you wont even email me. And I cant reply to the paypal messages anymore.. plus need i remind you, im the one that said turn it into a full claim if i didnt ship within the 5 days like we discussed?


Automatically Appended Next Post:

alarmingrick wrote:it's locked, awaiting an Update on a refund status

Its locked and it WAS refunded... jesus why do people keep questioning that, i posted not 1, not 2 but 3 screen shots. And speaking of, I emailed you rick..

redstarone wrote:

alarmingrick wrote:it's locked, awaiting an Update on a refund status

Its locked and it WAS refunded... jesus why do people keep questioning that, i posted not 1, not 2 but 3 screen shots. And speaking of, I emailed you rick..

For the last time, re: the other thread, NO ONE IS QUESTIONING THE REFUND.

Just awaiting final confirmation of transfer to SlaveToDarkness's bank account.

Jin wrote:

redstarone wrote:

alarmingrick wrote:it's locked, awaiting an Update on a refund status

Its locked and it WAS refunded... jesus why do people keep questioning that, i posted not 1, not 2 but 3 screen shots. And speaking of, I emailed you rick..

For the last time, re: the other thread, NO ONE IS QUESTIONING THE REFUND.

Just awaiting final confirmation of transfer to SlaveToDarkness's bank account.

No one is questioning it? He admitted he got a partial refund and is due the rest? Paypal doesnt send small amounts. They send it all at once. My screen shots show I refunded all of it at once. Not a little here and there. Hence why im already worried hes being fishy.. Hence why when people keep bringing up "waiting for the refund" i get upset as paypal said it would be done on the 9th, the 9th has passed and sure enough right on the 9th, paypal emailed me telling me its done. Thats when I took the 3rd screen shot showing its done.

Point is, it IS done from my side of it. I cant do anymore for him.

Now on topic here, Darryl, email me or post here telling me which you want. And please do it soon as I have net access today as its sunday but wont have alot of time tomorrow.

Matt:
It took me a little bit to compose my response.

I posted this here, now, because other users have a right to know that you’re derelict in your agreed on actions as a member of this community. Take umbrage and rage about being called a liar till your heart’s content, but the fact remains that you have had payment for an item (the amount that you requested) for over 60 days and have not shipped the item to me. This is not a case of you saying that you shipped it out and it not arriving, this is a case of you promising to ship and admitting that you have not. I included the information concerning the time line of my commission for reference purposes to establish that I am not overreacting to a slow shipper, but that you have a history of blowing deadlines and not following through with your commitments.

In my Paypal dispute, I said that I required the item being delivered or a tracking number or I would escalate from a dispute to a claim. I did not state that a refund was a third option, I made an assumption that you would have realized from previous conversations that a refund would acceptable.

The last email that you sent to my email (prior to my placing a dispute at Paypal) was on 03/26. You last responded via the Paypal resolution on 04/06 (I responded stating that a tracking number would be enough to avoid the escalation). In what way does that constitute not emailing you? Before you even bring it up, your emails have not been in my “spam” folder as I have checked it specifically for your email address prior to deletion precisely because you have claimed this in the past.

I have tried to resolve this without posting for the whole world to show, I have tried being polite with you in emails, and I have counseled patience to others on these forums when they were expressing outrage. At no time have I resorted to personal attacks, flame wars, or any behavior that could be construed as harassing despite your having my payment for over 60 days at this point. That being said, your claims of me calling you a liar and of me not responding to emails are quite frankly false.

Resolution: At this point I have no belief that you would ship my Thunder Hawk if given additional time. Your actions in the past 60 days, to other members, and my own experience has proven that beyond any reasonable doubt. Refund my payment to you, in full, and you will never hear from me again. A screenshot posted in this forum (since you claim that I don’t respond to my email) will be sufficient. Once I have that I will post here that you have issued a refund, and then I will post once more after the amount is returned to my paypal account.

*edited for clarity in the first sentence.

In those very paypal messages I was the one who told you to make it into a full claim if you didnt hear from me within the 5 days you had left before you either dropped it or turned it into a claim. I told you to remember? If you forgot I can post the proof..

I also JUST saw your other replies.

That said, paypal says I have until the 21st. Youll have the refund by then. And yes, i will post a screen shot here as well.

Oh and keep in mind, during the 18 months what has happened in my life. And the fact I had to rebuild a whole new one for you as well due to my own accident.

EDIT for your edit - Here is an idea for you. My wife has chemo regularly... I say ill ship friday, friday comes around and shes super sick.... do I leave her side to shipor stay to care for her? that AFTEr we lost our son due to complications from her cancer... so really, stop acting like i blow things off. THINGS HAPPEN.

FINAL EDIT - Since you want a refund and I have until the 21st... Im going to simply list your hawk on ebay and sell it. Ill pay you back that way. Seeing as how it will sell for much more then 140 seems like the smart thing to do since i live paycheck to paycheck always having to pay more medical bills.

Ok Matt, I am calling a definite BS here. At no point in time did you say to go ahead and escalate this to a claim if you did not ship within 5 days. The only time that frames listed is where I say that if there is no movement on your part that I will escalate it to a claim on April 11 (today). For reference I have included all of the posted PayPal comments below. And at this point you do have 10 days before PayPal closes the case and restores funds to my account.

One last small point, I am filing this dispute not for the 18 month time frame on completing the project, but for the 2 months that you have had my money and have not shipped the item to me. I loathe that this is in a public forum, but shame seems to be the only way to get you to follow through your promises.

Comments from PayPal

• 4/11/2010 07:17 PDT - PayPal: Buyer escalated this dispute to a Claim.
• 4/11/2010 07:17 PDT - Buyer: Seller has not shipped the item in question despite repeated claims that shipping is imminent. It has been over two months, and I still don't have the item in question. The seller admits to not shipping the item in the text of our conversation.
• 4/11/2010 07:12 PDT - Buyer: Matt: Today is the 11th. I dont have the item, a tracking number, or any contact from you in the last 5 days. I am now escalating this matter to a claim, as I indicated that I would.
• 4/6/2010 15:31 PDT - Buyer: Matt: As I have stated, a tracking number IS acceptable.
• 4/6/2010 15:27 PDT - Seller: Darryl, I figured replying here is best for you rather then email or dakka PM. It will get to you, im hoping before you need to jump this up to a full claim. But if that day comes, I suggest you do it so the time doesnt run out. Worse comes to worse and I can issue a refund that way. As nurgleboy has caused me to do. And he hasnt even waited a 15th of the time you have. I apologize for being so slow.
• 4/4/2010 07:56 PDT - Buyer: Matt: It has now been 50 days since you have received payment, and 6 days since our last communication where you said it would be resolved ASAP. I still have yet to receive the item or confirmation of shipping. I will escalate this dispute to a claim on April 11th (7 days from today) unless I have a tracking number or the item in hand. According to Paypal I have until the 17th to turn this into a claim, but unless I see some movement on this from your end I don't see much reason in continuing to wait. There is truly no reason for this to have extended as long as it has, and I am just seeking resolution so I can move on.
• 4/1/2010 16:55 PDT - Buyer: Matt: Has this been shipped yet?
• 3/29/2010 13:46 PDT - Buyer: Yes we will have to work this out. When you put it in the mail, leave a message here with the tracking number. Since our previous emails indicated that you had already prepaired the item for shipping, I am going to assume that it will hit the mail tomorrow.
• 3/29/2010 13:39 PDT - Seller: Darryl, Sorry, didnt know how to view these message, never had this before.I understand the 45 day limit and understand why you placed the dispute. In fact, im glad you did. We will indeed work this out. I had to sell some stuff on dakka to have mula. I have done so. So this should be resolved ASAP. Thanks, Matt
• 3/29/2010 13:34 PDT - Buyer: Matt; Still no response from you concerning this matter. Please contact me.
• 3/28/2010 11:48 PDT - Buyer: Matt: I am placing this dispute because of your extensive non-responses to my previous queries and due to the 45 day limit on placing a dispute. If we are able to resolve this quickly, then I will remove the dispute.

Mod Mode On:

So far things have been pretty civil, but I'm going to pre-emptively send out a general warning to keep things 'nice'.

Jin wrote:Mod Mode On:

So far things have been pretty civil, but I'm going to pre-emptively send out a general warning to keep things 'nice'.

Indeed they will.

As for calling out my BS:

• 4/6/2010 15:27 PDT - Seller: Darryl, I figured replying here is best for you rather then email or dakka PM. It will get to you, im hoping before you need to jump this up to a full claim. But if that day comes, I suggest you do it so the time doesnt run out.[u] Worse comes to worse and I can issue a refund that way. As nurgleboy has caused me to do. And he hasnt even waited a 15th of the time you have. I apologize for being so slow.

That wasnt even a full week ago. So, yes, I did tell you to jump it up before time ran out. Anything else I "lied" about?

Jin:
Not my intent to further escalate the situation, but this has been on a slow burn that has left a very nasty taste in my mouth for the last 2 months. I will definitely make every attempt to “play nice”.

@Andrew - like I said, everything's been fine for now.

I just have a premonition of things going sour and trying to remind everyone to keep things nice. The warning was not directed at any one person.

Matt:
"In those very paypal messages I was the one who told you to make it into a full claim if you didnt hear from me within the 5 days you had left before you either dropped it or turned it into a claim. I told you to remember? If you forgot I can post the proof.. "

How is your general statement of "I suggest you do it so the time doesnt run out" equate to your statement about 5 days? I guess in the broadest of terms your right though, it is not 100% factually incorrect.


Automatically Appended Next Post:
Jin: Very understandable that this could inflate and ignite considering that money is involved.

It was me being realistic in that I may not have time to ship in those 5 days. So instead of time running out and you losing the chance to escalate it, I told you to do it if that time came.

How are you not understanding that?

I didnt say it because I thought you would, hell, you said if I responded you would wait until the 17th... I basically said dont wait until the 17th.

What is confusing about that? Did I not say to jump it up if I hadnt shipped?

Matt: You had 45 days to ship the package prior to this being escalated to a PayPal dispute on March 28th. Then you had an additional 14 days to resolve the issue. How was that not enough time to get to a post office and ship my package? You now have another 10 days to refund my money before PayPal just takes it from your account.

Andrewdrexler wrote:Matt: You had 45 days to ship the package prior to this being escalated to a PayPal dispute on March 28th. Then you had an additional 14 days to resolve the issue. How was that not enough time to get to a post office and ship my package? You now have another 10 days to refund my money before PayPal just takes it from your account.

Fun fact, my paypal has nothing in it, its locked and at negative money for your 140.

That said, i think its best we handle this like adults and you simply call me. If you will or if youll let me call you, ill PM my number. If you dont want to, thats fine.


EDIT For the record, its called caring for my wife and working to pay bills and eat everyday. I have ZERO free time. Im sorry you cant understand that. That said, you really need to call me if we are going to work this out. As I said, My paypal has nothing for you to take.. we have to have another way to do it. Call me or let me call you. Feel free to post what we talk about here afterwards, thats fine. I just know, you waqnt this solved, so do I and a phone call is whats going todo it.

Mod Mode On:

Ok, clearly my friendly warning didn't last very long. Keeping things nice and avoiding little snipes at one another is not a recommendation. There will be no further warnings.

I cleaned up posts if you guys are wondering what happened to some comments.

Matt: Given our history of blown deadlines on your part, I have no reason to believe that a call to you will resolve this matter. I am sure we could come to an agreement concerning repayment, what I am not sure about (from a 20 month history) is that you would follow through with your agreement. My suggestion is that you find a way to make it right through PayPal as this is the established vehicle of payment in the first place.

I regret that my Ebay comment was out of line, and I apologize that it was placed in a public forum.

Jin: Thank you for moderating this thread and keeping us both on the straight and narrow.

Update: Matt had 10 days to refund my payment through PayPal, and did not. What is more, he did not even bother to use the PayPal resolution system to send a message. Basically he blew it off. According to PayPal, the claim is now automatically resolved in my favor and the funds will be returned to me. As of this morning there was no action taken by PayPal, but I will let you know.

I did not see the thunderhawk on Ebay (the way he said he was going to get funds to pay), what about anyone else?

I've tried to reach Matt 4 times (3 PM's here and one email) to confirm something so that I can send him a package *I* owe *HIM* for an old trade of ours.

He has not repsonded to any of my inquiries.

My guess is that he simply has not been online.


Eric

MagickalMemories wrote:I've tried to reach Matt 4 times (3 PM's here and one email) to confirm something so that I can send him a package *I* owe *HIM* for an old trade of ours.
He has not repsonded to any of my inquiries.
My guess is that he simply has not been online.
Eric

You are far more generous than I am at this stage. I was understanding of the disappearances etc for the first 12 months, but now my patience is wearing thin.

Please, don't misunderstand.
I'm purposefully not issuing any opinions - either way - about WHY I'm guessing he hasn't been online... just THAT he hasn't been online.

I know what many people think of him, and I also know the things he says have been going on in his life. I haven't seen proof -and don't want to- that he's telling the truth OR lying about his personal issues.

I firmly believe that, IF Matthew had been online, I'd have heard from him. After all, *MY* issue is that I'm trying to send something to *HIM.* Something he wants to receive.

Eric

Fair enough Magick. Its not my intent to draw you into taking a "Side", just venting is all.

I also have not heard from Matt, and I gave him a defined deadline to get in touch with me before I take further action...which has passed.

If ANYONE hears or speaks to Matt on any forum at all, please make sure he knows how serious this is getting and to tie up his loose ends.

Thanks!

-Bry

Okay, for what it's worth, i just talked to Matt. prior to that i hadn't heard from him since Tuesday. he also didn't(hasn't)shipped my items yet.
per him, he's in Little Rock, Ar. he says that's where his wife is. he said she had a surgical procedure done and isn't doing well.
i too am in the list of people who are waiting for him to ship to me. that's the latest and all i know , ATM.

I'm glad to hear someone has had contact with him. Should my issue not be resolved soon, I'll be filing mail fraud charges and contacting his local law enforcement.

I'm also investigating the nuances of filing a small claims case in Texas.

Please keep us updated on anything you hear from him.

redstarone update:

redstarone is currently in Arkansas attending his seriously ill wife.

He has no internet access.

He does have his cell phone.

PM me for this number if you need it.

He states that he will take care of the remaining issues upon his return to Texas. He's unsure of when this will be as it is tied to the health of his wife.

He counsels anyone who feels the need to file reports or make any necessary claims to go ahead and do so.

At this point, threatening him via e-mail, PM and/or phone isn't going to speed anything up.

Full disclosure: redstarone owes me quite a bit too.

Alph,

Thanks for the update, it's much appreciated. I don't think that the issue is "threats" at this point, but customers becoming disgruntled to the point that they have to take action. I understand his wife's condition, and pray that she is able to pull through this, but when you take money from someone there are certain legal responsibilities that are undertaken. I'm beyond being able to recover anything via paypal, so this is my only avenue of recourse. If I don't take these steps in a timely manner, it may endanger my chance of recovery should I continue waiting for a response. It could be many weeks or months until he is able to leave his wife's side.

Customers may be understanding in regards to personal issues, but the law is not as willing to accommodate. From what I understand from Matt, and others that have posted, his wife's problems have been occurring for some time. Perhaps that should have been taken into consideration prior to increasing the amount of commission work he was undertaking? That's neither here-nor-there, but perhaps he could arrange via phone to have someone update his customers? My package was supposedly being shipped 5 weeks ago, so either he lied about completion of the project, or was unable to ship it. I'm not saying that he did lie, but those are the two logical possibilities. Either way, better communication was/is warranted. In our current times, it is relatively easy to find a method of accessing the internet, if one tries.


Again, I thank-you for the efforts being made on his customers behalf. It does speak to the quality of this community, that members and mods are willing to go to these lengths in assisting one another resolve these types of matters.

Ok I have very limited time to write this.

I asked Rick to post after he had my number and called me for 2 days until I was able to anwser.

I messaged Alpha asking him to post exactly what he did.

Arklite and others, you may think in this day and age its easy to use the net. Its not as easy as you think when your day is spent either in a hospital or back and forth from dallas TX and little rock AK.... I also wasnt out taking new commissions.. well, your 6 tanks... epic tanks.. thats it, thats all I took.

Ill even go ahead and PM the number to you now.

Again people, I AM the one that asked alpha to post what he did for updates as I couldnt get on dakka from my phone. It just would always lagg out. Same with my email.

I gave alpha my number, which alarmingrick had, and how he was able to contact me to give to the rest of you guys. Arklite especially. Your commission is the smallest, has been done forever and will take at most 4 dollars to ship. I JUST checked my email and you went right into threats. I understand you feel thats your only action, so like I told alpha, if you cant wait, do what you have to do.

Being a texan I can say small claims court takes years..

In the end, when I come back to Dallas with my wife, ill complete what I have outgoing. If thats not good enough, take any actions anyone requires. My priority is my wife how literally almost passsed away after a MINOR procedure, so after that close call, she is everything to me.




Automatically Appended Next Post:

Arklite wrote:
Customers may be understanding in regards to personal issues, but the law is not as willing to accommodate.

According to the law its a cival matter in texas due to it being a broken contract. Not theft.

Arklite wrote:That's neither here-nor-there, but perhaps he could arrange via phone to have someone update his customers?

Thats why I asked rick to mention he talked to me but it seems he failed to mention how... via phone... then asked alpha to give my number to you guys not knowing id be here for an hour getting sarahs cloths together for her. No one needs to make calls for me, its a real simple step for people to either call me or me call them. Expecting emails and getting made I go a few days without replying is NOT me hiding. (thats to everyone, not you arklite)

Arklite wrote:Again, I thank-you for the efforts being made on his customers behalf. It does speak to the quality of this community, that members and mods are willing to go to these lengths in assisting one another resolve these types of matters.

I was the one that updated them both... and had them update here.. Jeez... im a part of the community like everyone else. If I wasnt id simply be a real scammer and vanish like people keep implying i have done... (not everyone, just the uncaring people)

FYI People, my site is down until I am completed here, my wife is home and im back on track. it has been that way for sometime now..