There's something wrong in Colorado...

[pabbi1]

If he fails to ship anything this week I'm going to research looking into the process of hiring a forensic accountant. If the cost is not prohibitive maybe we (Either I or perhaps a group of us who are owed something) can pull some money together and shed some light on the state of his business and plan our next course of action based on that.

Crap, just email the Atty General of CO, and report the multistate fraud, mail and otherwise.

You have to have some standing to see his books (doubt he is a public Co), and he doesn't have to show you stink without some legal action, in which case his attorney will be able to contest disclosure in court.

Oh, and good forensic CPAs are about $400 an hour, plus travel.

[Icarium]

Hrm certainly that looks cost prohibitive. I'll probably still call one up though and maybe ask a few questions as that is close to free.

The Atty General idea is one I'll look into. I need to thoroughly research the definition of fraud first.

Hey here's to hoping he ships something awesome though and comes through.

[n_maher]

Perhaps the first thing to do would be to see if someone might be willing to offer some pro bono legal advice and discuss your options and potential liabilities if you pursue something outside of small claims court. And small claims court is right up there next to worthless in some cases. My company has several outstanding judgements and while there are warrants issued for the individuals the local LEO's have far better things to do than track these guys down. So it's something like once every couple months there's an appearance date, the jackasses don't show, get served, post bond (we get a portion of this, but have to pay a fee to get them served IIRC), rinse, repeat, ad nauseum.

I'm not trying to be discouraging and in truth am hoping for a positive outcome on all sides, Mikhail included. Recent evidence just isn't trending that way.

[Icarium]

Yeah definitely what sort of research this weekend and next week will entail if I don't get it shipped by Saturday.

I just sent this email to him:

So what is the deal? Have you turned in your plan yet? Deadline is tomorrow. You can't not ship. At this point I don't care what your accounts payable person says. Ship it. If you do not then let's begin talks regarding you buying the amp off my hands as I no longer want to deal with it. And if you are unwilling to discuss that then I will pursue other means of satisfaction.

Sorry for the "threats" though I have every intent of carrying through anything I am claiming as I have already begun the research legwork, but this is the final deadline. You agreed. I agreed. This is it.

[grawk]

Could always hop on a plane and just drop in at his shop.

[Icarium]

Yeah if it comes to that I will. I don't have a lot of vacation days saved right now so its a toss up between that and a Canada trip I have in April and Canjam 09. I can do all three np with what I have now, but I like to keep a week's worth in reserve just in case. So it's just a matter of timing and figuring out exactly which events I want to go to.

[penger]

Aren't there multiple locations? He could be hiding.

[n_maher]

Does anyone here actually live close enough to stop by?

As far as I know he has two locations, the amp workshop and the tube storage building.

[Icarium]

He has 3 that I've heard of :/

I was thinking maybe engaging a private investigator to do a little bit of legwork at the location for me before I fly out. Hourly rates seem to fit my budget closer than a lawyer or forensic accountants. I'd like to know where all his places of business are and perhaps his routine for how he frequents them so I can not have him dodge me.

I dunno that might be going too far. Shrug.

[guzziguy]

Could always hop on a plane and just drop in at his shop.

Better to have a bone specialist drop in. Or someone with a shovel.

I don't think that an escrow service really applies in this situation. Whether Dan will pay or not is not at question. That's assuming he's satisfied. If he's not satisfied, something else would have to be done. Dan won't "walk" with the amp.

Edited January 8, 2009 by guzziguy

[n_maher]

I would at least suggest that if you're thinking about doing such things and if you're going to post about it, chose a non-public forum.

[Dusty Chalk]

Better to have a bone specialist drop in. Or someone with a shovel.

I don't think that an escrow service really applies in this situation. Whether Dan will pay or not is not at question. That's assuming he's satisfied. If he's not satisfied, something else would have to be done. Dan won't "walk" with the amp.

But that was the stated reason for not shipping without payment, "past problems". It'll satisfy Mikhail's "accounts" person, if it comes to that.

[Sherwood]

There are a number of members here who live close enough to drop by, though I'm not sure how effective it will be.

I'm about 30 minutes South, and Naaman's probably 45 minutes farther south. ASR is only about 10 minutes away, from what I recall.

[Icarium]

Yeah I dunno that I would want any of you involved in this as its the very least going to be time consuming, awkward and a hassle.

[Sherwood]

Well I can't speak for the other two, but I would be happy to go to either of his locations and physically inspect your amps before they shipped, if you deemed it necessary. I don't have an SP amp, nor do I have plans to buy one soon, so I've nothing to lose. Certainly keep it in mind as an option.

[Icarium]

Nod. Thanks I may take you up on that. I'll see what his next response is going to be. Maybe my last email was too forceful.. well hopefully he responds.

[Asr]

There are a number of members here who live close enough to drop by, though I'm not sure how effective it will be.

I'm about 30 minutes South, and Naaman's probably 45 minutes farther south. ASR is only about 10 minutes away, from what I recall.

I live near Boulder, which as you know is considerably out away from Denver, almost an hour. AFAIK, Luminette and you are the closest to Mikhail distance-wise. If I was a lot closer that'd be one less thing in my way to try to confront Mikhail for anyone if I was so inclined (personally I don't want to deal further with him on anything anymore) but the distance and traffic are an obstacle.

[Icarium]

And today is the deadline. No word so far since Wednesday! So much for that Thursday -> Tuesday or whatever the fuck shipping schedule huh.

[n_maher]

I'd try calling.

[jp11801]

Dan keep calling him can you hide your phone number?

[Icarium]

I can though usually I've had best results rotating a few work phones. Unfortunately atm my desk phone is disconnected and I left my cell at home :/ I'll call him as soon as I am home from work.

[luvdunhill]

Dan keep calling him can you hide your phone number?

Dan: go buy a cheap long distance pre-paid calling card and use that

[Icarium]

K I'll do that this weekend.

[Voltron]

Honestly, Dan, what are you going to accomplish by flying to Colorado if he does not ship this week or next? Are you going to carry your amp away in whatever shape it is in even if he does not agree to have you take it away? You asked him to do some amount of work on it and technically he has a right to be paid for the work you asked for but not the work you didn't. He probably has a type of mechanic's lien under Colorado law so taking it against his wishes could get you into more shit than you could get him into. Spending money on private investigators and accountants and all this stuff is not going to get you satisfaction and it is going to cost you money.

This situation sucks but you are in the same boat plenty of us have been in before. Mikhail is likely to get the damn thing to you and then just don't ever deal with him again if you are not satisfied.

[Icarium]

Yes I will take it away in whatever state it is. I have been extended offer by someone I trust to go over the amp and either repair it or if the design is completely foobar -- completely gut it and essentially build something that that I will be satisfied with. This won't be cheap, but I will be satisfied in the end.

It's a drastic move, but I don't this is a simple matter of shipping next week or the week after. I've gone through 2 months of. Are you going to ship next week. Yes it'll go out monday. I call up monday. Wednesday. I call up wednesday. He says friday or saturday. I call up monday. He says Wednesday.. for 2 months. This is after 2 months prior to the first missed deadline he said it was 90 percent done then 1 month prior he said it was done just need a final once over.

Finally he guarantees on like pain of death that it will go out end of december. I say okay well if you say this then this time I expect you to keep it. In fact I will give you to the first week of January to get it out. He says he wont need it, but he appreciates. This I believe is the first week of January.

This is ridiculous if he really has completed all this work that he says he's done and I have a fairly detailed list of things he supposedly has done in an email which I can furnish. In fact here it is:

Dan,

I'll give you a call shortly, but this is what's been done:

Replaced transformers and power supply components including the

regulators.

Replaced the digital display power supply and incorporated it into the

umbilical.

Updated the entire circuit with higher power settings on the output

circuits and replaced two of the amplifier boards with new units.

Replaced the headband tension bars with new aluminum milled braces.

I've also installed a new hybrid battery PS component for testing and

I've been listening to the battery unit. It's just awesome. I can

complete the battery supply and have it completed within a 10 days. I

think the benefit from the battery supply is excellent.

Base upgrades and replacements total $1750. I'll call you to discuss

I have no problem with paying him his due. But I am not going to pay him and then be ignored for a year. I do not have much confidence that it'll be as simple as me paying him and then him delivering it upon receiving payment. If he needs more time to work on the amp then I have no problem with giving it to him, but supposedly its been done for months.

Moreover, I do not want to be Tom Hankins'd. I have had private communciations with Tom and I believe I have a good grasp of what happened in that situation and I do not want to end up in that situation.

I'll look into what kind of shit I can get in for the mechanics lien and make a judgment call based on that.

Yeah I know my experience is in fact not all that bad as what some people have gone through. Prior to the Hankins incident and what I got when I finally got my headband I would still have faith that in time I would get something that I would be satisfied with, but now I no longer have that faith.

Perhaps if I just give him time it will happen, but I don't have the energy or any inclination anymore to constantly hound him for a year to see this through. Call me a pussy if you will, but I'm just sick of dealing with it.

While Tom's story is Tom's so I don't feel I can share it. Here is the headband thing and pictures.

Here is what the original headband looks like. You see the acrylic/plastic supports on top? My gigantor headed friend put the headband on his head and one of the supports snapped in half.

I talked to Mikhail and asked if there was a cheap/quick fix for that and he mentioned he has a new design int he works and I said well I'm not interested in buying another 1500 dollar headband or whatever that if he could just replace the support possibly with something sturdier that would do me. He mentioned he had 2 metal support bands that were for a prototype that he could swap in for 50 dollars. I said sounds perfect! Please do that! How long? He said maybe 2 weeks. I said perfect! Let's do that.

Then months later when I started asking him about the status he said he was waiting on a part for his new design and that he'd get it back to me soon after that came in. I said well can you just put on the prototype bands we discussed and get it out to me? And he said that it would be worth waiting for and it'd be coming in in a week or two max. I said well is this going to cost more because I really only wanted to pay the 50 bucks and he said it shouldn't.

A month passes. I ask him what's up. Did he get the part in what's the deal? No not yet. i ask him yet again to put on the metal bands and get back to me. And he says okay. Nothing happens. This is when I start applying the pressure because he had also said the amp was basically ready and after a final listen he'll be able to get it back. I then sold my SDS in preparation and yeah no go.

He then tells me he has the part and that it should go out any day now.

After another month of missed deadlines he really apologizes and says he'll get the headband out provided I pay him 500 dollars of the stated invoice which is now 1750. It isn't an itemized invoice just a sum and then a list of what he did not including the headband stuff. He tells me that I will love the headband and that it's awesome.

Anyway so I pay him.

And he sends it!

This is what I get. Or rather just the metal bits and not the qualia cups (I only sent him the headband portion as the cups detach).

So three issues.

Supposedly all that wait time was for a completely redesigned headband. This looks a lot to me like the original design with 2 metal supports. They were supposed to be like ultra clean and machined metal bands too (Some of the wait time was for this process).. he also offered me the option for black or silver. I asked for black. While this may not be evident in pictures but it is dinged up with numerous blemishes.

The last and most key issue is if you can see in the picture the two bottoms o the qualia cups touch each other. And these metal supports are strong and stiff as a motherfucker. Even without the cups inserted I was pretty sure that in the default position it will fit NO human head. And it has nearly 0 give so... I call him up and ask him about it and he says that he tested it on some heads in Colorado and it fits amazingly. Blah blah. I say okay well I'll go home and check it out.

I go home insert the cups try and I can barely fit my finger between the cups let alone my head. I call him up to no response and so I send him an email with these two pics.

He I think at this point suggested bending it. So I bend it. These things have NO give. I had to bend it over my knee and hold it in position for 15 minutes to get the memory of the metal to stick. I'm not a particularly strong guy but there was no way I could just bend it with my hands I had to brace the peak against my knee and apply downward force just to bend it.

This is the result:

As you can see.. not the prettiest thing ever. It now can get on my head but is still pretty tight. I worry about damage to the plastic part where the cups connect to the headband over time due to pressure. Mikhail says it won't be an issue even though that part is very thin, but then again he also said it would fit my head and be black and be a redesigned item.

I indicated my dissatisfaction and he said he would send me some pre bent replacement metal supports that are black. And he might, but basically I am almost back at square 1. No idea when I will see these replacements. I do have Qualias with a headband now.. but they are intensely uncomfortable even though due to the extreme tightness I must admit it is the best fit I've ever had. But it physically hurts to have it on my head and I still worry about the plastic bits snapping.

But anyways this experience kinda makes me skeptical that my amp will arrive in a satisfactory fashion no matter what the man says. I don't want to hound the guy for a year. Get something sub par that I have to send back or send to someone else to get made not a piece of shit.

If I have to do that then I would prefer to spend a couple hundred bucks or even a thousand if I need a private investigator. Roll up.. grab it and then skip to the sending it to this other guy for the revamp and not go through the year of stalemate to reach that point. The money spent would be worth it to me.

I don't know if he charged me more than 50 dollars for this headband "fix", but if he did then I would be pretty pissed off. I will request an invoice with a money break down at some point (Probably when he finally ships it)... but I have no faith that I will get that since I hounded him an Sleestack for a year before and after I purchased it from Sleestack for the emails that detail the config/design/parts/costs/function associated with the amp and though both agreed to furnish me with those emails... I never got any.