HeavyMetalChevy

[lolife99]

And teeitup is one of those members, with a reputation of gold.
Duane needs to man up.
Period.

[teeitup]

Since the BOL was not on the doors, the driver understood it and you did when you got them, since the shipping co and you understand it way better than me, why didn't you try ALOT harder to get it resolved? Especially when you knew they were try to contact you about it, but you wouldn't stay in contact with them. Why didn't you just go get the BOL out of your files like you said you would and get with Estes and get this resolved? You did not reply to my pm's to let me know what was going on with it when I sent them to you. You've got alot on your plate I understand but this should of been taken care of back in April and May, you knew about it then

[teeitup]

OK I went back through and read some of your quotes Duane
You told Liz you are confronting the issues, you did not confront this issue after the BOL mishap, that is why it has went this far.
It makes me see by you not replying to my messages you must not of replying to Estes shippers
If you were really concerned about it all I would of thought you would of tried to get this resolved from the first time you got contacted by them and me.
1) Oh you said you would the first time I contacted you about, but you didn't
2) then when you said you would look up BOL but you didn't
Now its in Collections and Attorney generals office
It really shouldn't take a thread like this to get you take care of all the other members deals you have on your plate. I think returning everyones mesages would help things stay in touch
Shipping companies won't have to worry about me anymore, I'll stay with Fed Ex and USPS to avoid any of this again

[dwcsr]

I don't know either of you so I won't get into who did what or who's fault it is.

Here is what you can do to help resolve the issue.

The easiest if for the seller to produce a B\L to you . He doesn't have to contact Estes at all. He should already have it. Or he can tell you the company he used to produce the B\L and a document number and you can get it from them. In the event that he doesn't or never did have one contact the collection agency in writing and do this,

1. Deny in writing you own any debt and ask for proof of any B\L, documents showing you signed off on the shipment. They must have your signature on the paperwork. If they don't or can't provide he documents they must remove the account from your report. Tell them that it was a "F.O.B. Origin, freight collect" shipment and you have no responsibility under the US Uniform Commercial Code.

2. Ask for proof they have the authority to collect this debt if it exists.

3. Call Estes and go on record of telling them that the shipment was "F.O.B. Origin, freight collect" and that the driver verbally accepted it as that and told you no B\L was needed. Follow up in writing saying the same thing. Because they accepted it without a B\L they can't prove any different.

4. If Estes doesn't back off then threaten in writing to file a suit for defamation and slander. You do this because they have sent you to collection for a debit you did not create and they have damaged your credit and reputation with your peers and your employer.

In all of your correspondence just put facts, no emotional or spiteful ramblings. Don't put in anything that does not pertain to the shipment only. Just straight facts.

This may not get you off the hook but it will buy you a few months to sort it all out and find out whether you can file a theft charge or fraud charge to get the BOL or the cost of the retail rate and pay the shipper that way. Your local DA's office will be able to tell you which charge needs to be filed. It depends on where you are as to what they will file on.

They may still go after the business at the address it was shipped from so filing charges against the receiver of the goods is necessary.

As long as you did not make any part of the shipping arrangement's and he did all of it then you should be able to get out of this. Estes has to be able to track it back to the originator and get payment from him.

You may need to produce a Sales Invoice that states what was sold and the shipping arrangements of "F.O.B. Origin, freight collect" and the ship to address.

[teeitup]

Thanks Richard I appreciate it
THANKS Dave, I'll do some more checking with all this. So I need to have Duane FIND the original BOL like he said he would originally or get with whoever he sat up everything up with on the 3rd party. I'm not sure the name of that business but hopefully he will chime in on that. I will call Estes in morning and do what you say. I appreciate your input, its going to help alot.
Thanks Randy

[dwcsr]

Originally Posted by teeitup

Thanks Richard I appreciate it
THANKS Dave, I'll do some more checking with all this. So I need to have Duane FIND the original BOL like he said he would originally or get with whoever he sat up everything up with on the 3rd party. I'm not sure the name of that business but hopefully he will chime in on that. I will call Estes in morning and do what you say. I appreciate your input, its going to help alot.
Thanks Randy

He wrote this a few pages back

"I am working on getting this bill settled. I suspended my logistics account but I am checking to see if they will include this Estes deal in my previous invoices before paying my final bill. Once again this is why I was very adamant about using the third party Unishippers BOL for shipment which I emailed to you along with the packing slip. It is a $500 plus mishap. My highly discounted rate for the 5 doors was around $115 dollars."

He states he sent you a B\L so he does have a B\L and the company is UniShippers. But more importantly he says it his Bill to pay. Print out everything he wrote and bring it to your DA's office when you go.

Chances are that money is still owed to Unishippers for other shipments if that's the company he used and they would love nothing better than to help you get the needed info to get some money out of him and get it to them. May be you can make a deal with them and get out from under this cheaply. Maybe the $115 he mentions would do it for them. Then go after him

Just from what he has said here you have a legitimate cause of action against him. As cold as it may sound, sick Dad or not, the world still turns debits are still due and Estes and your Boss could care less what his issues are.

[Liz]

Originally Posted by special-K

I saw right through him and never trusted him. I couldn't believe how easily he won people over with his BS. He said what he had to say. I saw him lie over and over. Don't judge the whole membership by this one. If anything,don't accept a new member coming on here trying to be an overnight expert with open arms and throw money at him with no reservations. He wasn't even on here a year and he's gone. There are many of us on here with reputations of gold who sell you a part more to help you out than for money.

Very well said, we have had issue after issue with this seller. Every time we tried to tend to it, members jumped in about how wonderful he was, and how we should not be so hard on him etc. This is why we tend to remove folks for bad deals..

[HotRod C/10]

Originally Posted by Liz

Very well said, we have had issue after issue with this seller. Every time we tried to tend to it, members jumped in about how wonderful he was, and how we should not be so hard on him etc. This is why we tend to remove folks for bad deals..

I never saw one post to warn potential buyers a bout it, but I also do not frequent the Review thread.

[botmfedr1]

Originally Posted by Liz

Very well said, we have had issue after issue with this seller. Every time we tried to tend to it, members jumped in about how wonderful he was, and how we should not be so hard on him etc. This is why we tend to remove folks for bad deals..

I am not defending Heavy Metal, but i have had a few dealings with him and all went without a hitch. I won't make up anything about anyone without having had the experience, good or bad. It's too bad you suffered a loss. I hope your issue with the shipping company gets resolved. Bad dealings happen everyday. I am part of the salt water reef forum, and same thing there....guy closed the shop and ran off with the clubs money...etc...etc..

On another note. I have shipped parts to members and they supposedly never got there. So i issued a refund. I just won't do business with them anymore.

[HeavyMetalChevy]

Originally Posted by Liz

Very well said, we have had issue after issue with this seller. Every time we tried to tend to it, members jumped in about how wonderful he was, and how we should not be so hard on him etc. This is why we tend to remove folks for bad deals..

That should most def. count for something...

[thelonerife]

Originally Posted by special-k

i saw right through him and never trusted him. I couldn't believe how easily he won people over with his bs. He said what he had to say. I saw him lie over and over. Don't judge the whole membership by this one. If anything,don't accept a new member coming on here trying to be an overnight expert with open arms and throw money at him with no reservations. He wasn't even on here a year and he's gone. There are many of us on here with reputations of gold who sell you a part more to help you out than for money.

x2!!

[Flint70step]

I hope I get my grille from him.I have sent all the money,just waiting now.Crossing my fingers

[1972BackInBlackC10]

i hate to be here but i havent heard from him since his post about bowing out, i purchased a set of door panels and set of complete lower trim for a short box, i gave him the option in his thread to either refund my money or send the parts whatever was easiest for him i even sent him a pm in case he didnt see it in the thread and i have not heard from him or recieved anything since even though i have seen him on here since

its been at least a month now and i could have used that money over 200 dollars to send to someone else on here i owe money to for parts but i trusted im, i dont normally talk about my health or financial issues to alot of people but i have a disability 200 bucks isnt alot of money but to me it is i bust my hump to make my money and it isnt easy due to my disability sorry i dont mean to rant and not sure where i was going with that, im just not sure what do anymore part of me wants to file a claim with paypal and part of me wishes i could trust him to do the right thing but from reading here i dont know if thats going to happen

[too much stuff]

Originally Posted by 1972BackInBlackC10

i hate to be here but i havent heard from him since his post about bowing out, i purchased a set of door panels and set of complete lower trim for a short box, i gave him the option in his thread to either refund my money or send the parts whatever was easiest for him i even sent him a pm in case he didnt see it in the thread and i have not heard from him or recieved anything since even though i have seen him on here since

its been at least a month now and i could have used that money over 200 dollars to send to someone else on here i owe money to for parts but i trusted im, i dont normally talk about my health or financial issues to alot of people but i have a disability 200 bucks isnt alot of money but to me it is i bust my hump to make my money and it isnt easy due to my disability sorry i dont mean to rant and not sure where i was going with that, im just not sure what do anymore part of me wants to file a claim with paypal and part of me wishes i could trust him to do the right thing but from reading here i dont know if thats going to happen

I would get your claim going before it is too late.

I am not surprised at this outcome at all. I could see when he joined he didn't seem to know much about these trucks but was a pro in no time restoring this and that and selling everything everyone wanted. He used alot of words that people wanted to hear. My only deal with him was selling some parts to him and even that wasn't smooth. Drug his feet until you offered it to the next guy then BAM, there he was wondering why i was reselling...
Sorry you have to go through this randy and i hope the outcome is ok.
My feeling is this isn't totally intentional on his part, i think he "flaked" out (like his ad from late one night) and can't recover this time...

[1972BackInBlackC10]

i really didnt want to file a claim i wanted to give him the benefit of the doubt or afraid if i made the claim my parts would show up the next day or something, but after some though and comments i decided i should only to find out when i went to file my claim with paypal i got this message "We're sorry, but this transaction cannot be disputed because it is not a purchase of goods or services. Please contact the recipient directly" since i sent the payment to him as a gift to save the "seller" paypal fees i can not file a claim so i am out $238.00 plus paypal fees and no parts to show for it

so unless you really trust someone for your sake do not send as a gift through paypal or you could end up in my shoes lesson learned! there are board members on here i would still trust to send as a gift hopefully duane resolves everything with randy and hoooopefully he refunds my money or sends me my parts as well as anyone else he has dealings with

[HeavyMetalChevy]

Originally Posted by 1972BackInBlackC10

i really didnt want to file a claim i wanted to give him the benefit of the doubt or afraid if i made the claim my parts would show up the next day or something, but after some though and comments i decided i should only to find out when i went to file my claim with paypal i got this message "We're sorry, but this transaction cannot be disputed because it is not a purchase of goods or services. Please contact the recipient directly" since i sent the payment to him as a gift to save the "seller" paypal fees i can not file a claim so i am out $238.00 plus paypal fees and no parts to show for it

so unless you really trust someone for your sake do not send as a gift through paypal or you could end up in my shoes lesson learned! there are board members on here i would still trust to send as a gift hopefully duane resolves everything with randy and hoooopefully he refunds my money or sends me my parts as well as anyone else he has dealings with

dude... I told you your parts were secured and you straight up told me you were fine by waiting because you were in ABSOLUTELY no hurry whatsoever. Paranoia is a disease.

[HeavyMetalChevy]

Originally Posted by Flint70step

I hope I get my grille from him.I have sent all the money,just waiting now.Crossing my fingers

Your grille is totally legit buddy... I would have never excepted the final payment if not...If you are not happy with it...Destroy it...send me pics of it...And I will reimburse all your money plus 10%

[Flint70step]

Originally Posted by HeavyMetalChevy

Your grille is totally legit buddy... I would have never excepted the final payment if not...If you are not happy with it...Destroy it...send me pics of it...And I will reimburse all your money plus 10%

I have no beef with you man.You were nice enough to let me pay it in payments.Only reason I posted feelings of concern is the thread we're on nowI want that grille on my truck,not to destroy it.No ill will here.Have a good weekend or try anyway

[HeavyMetalChevy]

Originally Posted by kingsolver72

Hey Duane, for what it is worth I don't believe you.
Posted via Mobile Device

On what aspects...do tell... If you say one thing about me lying about my situation and my fathers and me lying about that....I can show you the medical bills, his test results, my time at the hospitals weekly, me being his in home care provider for months now, his previous liver, his extensive stays in the VA joke of a hospital, constant gas receipts and 200 mile round trips at least once a week, ambulance bills 300 miles, taps on his abdominal area,,, 5 liters and 11 lbs worth to be exact the most recent one, blood transfusions, maintaining all his 2 dozen meds, administering IV pushes and drips via a PICC line and antibiotic treatments.....

Or if you are talking about parts again...Prove your point...make a liar out of me????

[dohyde34]

Originally Posted by HeavyMetalChevy

i need you to be more specific bub... For your sake.

Dude i love it. For your sake? What are you, a teenager acting tough on facebook. Whats funny is you went from a kiss butt nice guy to trying to be tough bully.

[kingsolver72]

Originally Posted by big mike71

Hey Scott, After talking to you today this made me laugh out load.

Yep, Duane knows what I meant by that.
He has my cell number,email,can pm me and has my home address.
Posted via Mobile Device

[WIDESIDE72]

Originally Posted by MikeCofield

as they say in the south ...yall catchin on, i tried to warn yall

Nothing like a good "I told you so!" funny thing is, I don't remember getting a pm from you on this subject...
Posted via Mobile Device

[teeitup]

Sorry been gone all evening and this morning

Duane, Here is how it went

1) You bought doors, they sat here for 5 months atleast, in April I get PM from you saying they are coming for doors, I give you my full addy and phone number and golf course addy, and you sent me info and I say tell driver to call me when he's on way so I can get everything ready, driver shows up I have your addy written out, I never was called, driver loads doors then asked for BOL and I say I can go home and get it if I have it, never done this before, he said not to worry
2) you get doors
3) couple months later my boss gets phone call from Estes, I return call imediately, talk to Joann and tell her whole deal, and give her all your info
4) she calls back says you won't return anything from her
5) I tell her I will pm you, I pm you and you reply oh its a 3rd party deal and YOU and I mean YOU said you would take care of it
6) month or so later you leave message on my phone about getting our ducks in a row with Estes, so I pm'd you and said would call Estes in morning and did
7) I call Estes and talk to Joann, she says your still not returning her calls or emails but said if I can find BOL she would try to take of it
8) I then Pm'd you and you said in this PM 08-13-2012, 03:35 PM
HeavyMetalChevy
Just a Member





Join Date: Aug 2011
Location: Vevay, IN 47043 remimartin257@aol.com
Posts: 4,633 Re: BOL and Estes bill

--------------------------------------------------------------------------------

Quote:
Originally Posted by teeitup
HI Duane, I talked to Joan this morning she said if we had a BOL from the shipment she would like it emailed to her and she would see what she could do, she said the driver should of never left without the BOL. So anyway you could find the one for it in your pm's or through who you sat up the shipment with? I must of deleted your pm with the BOL on it, I get so many pm's I have to delete some. She said she wasn't getting any replies from you and was getting ready to let the next step of people. Thanks let me know, Randy


Quote:
Originally Posted by HeavyMetalChevy
Randy,
I am working on getting this bill settled. I suspended my logistics account but I am checking to see if they will include this Estes deal in my previous invoices before paying my final bill. Once again this is why I was very adamant about using the third party Unishippers BOL for shipment which I emailed to you along with the packing slip. It is a $500 plus mishap. My highly discounted rate for the 5 doors was around $115 dollars. That amounts to about an 80A% discount. Since neither of us obviously have accounts through Estes...they are going to charge the applicable amount on class 250 freight at 300lb. shipment.

I will be in touch during the week and find some resolve to the situation.

thanks,

Duane


Yeah I know what you mean about the inbox deal. I have the BOL I just have to look it up. I have not received anything as far as email from Joan and the the last person I soke with when calling in regards to the bill was not very helpful. If you have Joan's number or email contact that would be great. Thanks

Duane
__________________


9) notice in last paragraph you said you had BOL just had to look it up
10) I then pm'd you a couple times and asked if you found it but you never replied
11) This past Thurs my boss gets a fax from collection agency
12) I try to call you but messsages were full and also emailed and also pm'd Thurs night, YOU HAVE NEVER replied to any of them, you finally post on this thread Sat evening

So why didn't you get back with me? You say you didn't want to come to this in your quote, what did you think would happen? You said you had BOL, I never backed away from anyone on this deal, I kept pm'ing you and calling Estes back from the start of it. I've never shipped anything like this before did not understand the BOL thing, you said you would take care of it, I had it worked out with Joann if you found BOL it might of got taken care of. You never got with her or me after I told you this
ALL YOU HAD TO DO is get the BOL for Joann and me and this would of been taken care of. So you ate some of the other shipping money problems in other deals, but didn't even try very hard to get this resolved, why?
I must of made the mistake on not putting BOL on doors, I didn't understand
Driver should of waited for me to go see if I had it
you could of straightened it all out after you got the doors, since you understand the shipping stuff better than me
Then when I kept PM'ing you about Estes and them contacting you, I would think you would of tried to get this resolved WAY before going to Collections
My info is all going to Attorney General in morning, if they say its my responsibility I will pay it, and take it as a lesson learned or if they tell me I need to go after you, Estes or Collection Agency I will do that

I am sorry about your father and hope for the best, I went through the same kind of deal with my dad when I was 18-21 and lost him 3 days after my 21st birthday

[Flint70step]

I still do not have a grille.Hope I did not get screwed for $350

[kingsolver72]

]

I did get the seats belts today when I got home from work.
They are not exactly what he represented,but I'm not surprised.
My guess is that this thread pushed him into sending them to me.


Back to the belts he sent me..he either lied intentionally about them or he really is clueless..perhaps he is clueless on a lot things in life.
Since I did get the belts I don't have any further imput other than I would have been better off not dealing with this guy.
Posted via Mobile Device