Discussion in 'Fly Fishing Forum' started by trout40, Aug 23, 2011.
Geraldo, just noted your location is listed as NI, UK. Where are you located (UK I can guess).
Yes Fred, the UK, though I do go to North America quite often, particularly Canada. I saw that you mentioned local Police etc, but this is a civil matter at the end of the day. It can only be an offence, as far as I can tell, if there are grounds to prove the "intention to permanently deprive". This is not yet applicable in these circumstances, but thanks for outlining the options.
I think all being said, Dave is an honest guy, but he pushes the envelope and doesnt appreciate the reaction his actions generate. His life is pretty hectic too! He just doesnt appreciate the importance of being on time! (ex: his Blue Heron Hooks were advertized years before they ever came out!) He probably overcommits himself as well. No doubt hes a legend in more ways than one...I respect Dave, but Id never order anything I had to wait for from him; not because I dislike him, but because I know his history in this regard. I hope this gives some balance to what some are saying.
Given your location this is probably not a 'do-able deal' for you but this is EXACTLY what 'Small Claims Courts' are set up to handle. I say 'do-able' as you represent yourself in front of the Judge. Given the fellows history the Judge will not look kindly upon Dave. What you get is a 'money judgment' that you can have the County Sheriff 'foreclose.' Read that he can attach every/any asset Dave has, sell same, and fund your money. Bye the bye this sort of this becomes 'Public Record' and will screw him up if he ever wants to buy/sell Real Estate in that County. Not that you'd want to go through the extra effort (but you can) but the Judgment can then be filed in any other County in Oregon. Etc.
These normally won't show up on his credit report (unless you take further action)
I sent Dave a rod for repair in April of 2010 along with $150. He cashed the check and I have spoken to him several times but each time he says he is almost done with it but I still haven't received the rod. Since it has been so long and I don't have the rod I would like to join up with a group that is going to file a claim. Might as well put all the claims together to show a pattern.
Trout you raise a good question (for which I have no idea of the answer) but would a 'bunch' of Small Claim Court actions be the best way to get the Judges 'attention?' Everyone gets together a 3PM at the Court house and files one right after the other sort of thing. Wonder if we have an Atty on board to suggest a single (class action sort of thing) vs. a string of individual filings.
I have also been waiting on a rod since May 2011 and have been given a dozen different excuses. I have not been able to contact Dave (by phone or e-mail) for over 2 months (last time I spoke to him he said the rod was in the mail and obviously has not been delivered). If somebody is going to file a claim and I have the ability to do it, count me in. Has anybody else been able to contact him lately?
Ok Fellows, this may have gone on long enough. Does anyone know his 'exact location' to get on with and deliver 'paper work?'
Unless you know how to collect a small claims judgment, don't waste your time. The court does nothing to get you paid. Do you have his bank account info? Getting a lien on real estate may be worthless. How many liens for how much are ahead of you? You might get a collection agency to go after it, but they'll get 30-50% of your judgment.
I attached this link because the source appears credible. I haven't really researched small claims in Oregon...
You might lodge a complaint with the Better Business Bureau. Seems their success is 100% out of one complaint. http://www.bbb.org/oregon/business-...lers/mcneese-fly-fishing-in-salem-or-22417073
"Unless you know how to collect a small claims judgment, don't waste your time." Just give the County Sheriff's a call, they'll fill you in as they're the one (normally in Oregon) who will 'execute and levy.' All that said, he does have a web site, and possibly a 'sticks and bricks' but someone needs to go 'eye's on' to confirm its still in operation.
If the above goes to 'no where' perhaps you folks want to band together and hire a private investigator to track him down. Trust me, "you can run, but you can't hide" from folks who do this kind of work.
Good luck with that.
Fred - Aren't you something of a closet PI? I seem to remember that you could "track smoke". If retired maybe those resources are no longer available.
click on the post from "split cane" that's what I was trying to attach...
Someone really needs to get through to him....the way people have been treated is the worst case of customer service I've ever come across in my whole life. My patience has totally snapped. If he can't or won't make the rods, why doesn't he just say so instead of keeping people hanging?!!!
Count me in too. After the holidays, if I haven't heard anything or received a refund, I'm contacting Oregon Police as for me it has now ascended beyond a civil matter.
why wait any longer? Do it now. THis is ridiculous.