Please help guys - I've been ripped off by Mark Shaner (Synthmonger)

[MattOcaster]

Hey guys,

I know I haven't posted here in about a year (due to work commitments).

If I have any cred left, please can I ask for help in how to deal with getting ripped off by Mark Shaner.

Essentially, this time last year I paid $400 for a Pulsemonger MkII because I had my first job after varsity and I really wanted to give back to boutique builders.
However, after paying the money all I received was excuse after excuse and I am still without a pedal and a seriously bad taste in my mouth.

All I want to do is bad mouth him on every online forum I can - but that's not right.  2 wrongs don't make a right.

How do I come right from this?  How do I get a pedal or my money back? 
I'm struggling for money currently and can't afford to flush $400 down the toilet.

In my 4 years in the pedal building community I've only had positive experiences with genuine people -
but this is just not right and I have no idea what to do.

For those who are interested, here is the email correspondance copied and pasted from my gmail:

- content edited by admin -

[atreidesheir]

Did you pay him with paypal?  If so you have good buyer protection.  If you paid him with a credit card you can call them for advice.  If you paid with a debit card your bank might help you with a fraud claim.

[mr_mwr]

Did you pay him with paypal?  If so you have good buyer protection.  If you paid him with a credit card you can call them for advice.  If you paid with a debit card your bank might help you with a fraud claim.

I thought the same about paypal, but unfortunately they only allow 45 days to open a dispute. Maybe could try the CC company, but after a year it seems like he might be outta luck.

I hope it gets resolved.

[jkokura]

If you have his name and address, you can probably get the cops to go an knock on his door. That might freak him out.

Know any lawyers who will send him a letter on your behalf for free? Even spending $50 on something like that might get you the $400 back, which would be $350 more than you have right now.

Jacob

[chromesphere]

Sorry I know it doesn't help your situation, but does anyone know what that pedal is based on?  Sounds nuts (in a good way)
Hope you get your problem sorted.

[madbean]

I'm sorry to hear about your troubles. All too often this becomes an issue with small time builders. They get in over their heads, spend the money and then cannot deliver.

Here are some general tips:
Never, ever ever pre-pay unless you are willing to risk losing all your money.

Alternatively, place a small deposit as a show of good faith. The builder should also provide a good faith estimate on time to completion, with the remainder of the payment being executed then. If the builder is unable to build your pedal without being paid up front in full, that is a HUGE red flag.

If you must pre-pay, then you should stipulate that the order must be received with 45 days. This is your only recourse for disputing through Paypal.

When you get ripped off, report the individual to the Better Business Bureau. Also, contact their state attorney general and/or local police department to report the theft.

I've removed the personal correspondence from the first post. This is not to censor, but rather protect OP. There are unscrupulous people that will sue for slander and posting private communications with that individual on a public forum only serves to worsen your case. FYI.

[playpunk]

Where are you from? Drop me a pm, I might be able to help.


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[haveyouseenhim]

http://www.harmonycentral.com/forum/forum/guitar/acapella-29/1784313-

http://www.spokeo.com/search?q=Mark+Shaner,+Boynton+Beach+FL

https://plus.google.com/app/basic/+MarkShaner/posts?cbp=1bplkcxyh4psq&sview=1&cid=5&soc-app=115&soc-platform=1&spath=/app/basic/stream/z12mtdibvt3dyt4tw22ygbdzyvuaetwmj

[flanagan0718]

This is awful. I personally started selling a couple of builds and taking requests and would never let this happen. It only takes one person to ruin a good thing. I never take money until I (can) deliver. It's probably just so this doesn't happen. I am very sorry for your situation and if I could I would lay some good ol' fashion Massachusetts Irish smack down on his ass for you!

[rullywowr]

That's totally not cool, looks like this isn't the first time he has done this. Also, $400 for an effect that doesn't even have a fabbed board is just crazy.  I would try and see if you can get the police to knock on his door or get a letter sent by a lawyer as JMK suggested.  You may be able to take him to small claims court as well - even the notion that you are going to do this may "motivate" this individual.

[playpunk]

Hey dudes. I am a lawyer. You should call a lawyer in his town and have him send a letter. Or sue him in your town, get a judgement and send it to a lawyer in fl to have him collect on it.


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[culturejam]

Hey dudes. I am a lawyer. You should call a lawyer in his town and have him send a letter. Or sue him in your town, get a judgement and send it to a lawyer in fl to have him collect on it.

I am not a lawyer, but I would guess that getting a local attorney and an attorney in FL involved would cost more than the damages ($400). Somebody who is tight on cash probably can't afford two lawyers.

I'd love to hear Jon's take on this, since he works for law-mongers. 

[midwayfair]

Hey dudes. I am a lawyer. You should call a lawyer in his town and have him send a letter. Or sue him in your town, get a judgement and send it to a lawyer in fl to have him collect on it.

I am not a lawyer, but I would guess that getting a local attorney and an attorney in FL involved would cost more than the damages ($400). Somebody who is tight on cash probably can't afford two lawyers.

I'd love to hear Jon's take on this, since he works for law-mongers. 

Recovery would most likely be contingency. One of the guys in my office is barred in FL. Matt, PM me if you want some contact info.

[playpunk]

You might be surprised - you Gould be able to get an enforceable judgment in small claims court, and some attorneys aren't too expensive


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[culturejam]

You might be surprised - you Gould be able to get an enforceable judgment in small claims court, and some attorneys aren't too expensive

Small claims is a decent option considering the relatively small dollar amount of the damages, but I believe you have to file in the defendant's jurisdiction and then show up there. Or pay an attorney to represent you.

Maybe it's regional, but you can't get a C&D letter sent around here for less than about $500. I have a buddy that would do it for nothing (or maybe a six pack of craft beer), but if anything was needed beyond simply drafting a letter, it would get expensive in a hurry.

Not trying to discourage the OP at all, just trying to be realistic. Everybody says "just sue", but it usually isn't worth it for anything less than at least a few grand (unless you have relative or good friend who will do the attorney work for cheap or free).

Here's my suggestion. It's free, so it's worth exactly what it cost you.

1) Go ahead and assume you are not getting any of your money back. Get your mind at peace with that first. Get rid of the stress it is causing you.
2) This guy has some mentions over at TGP. I would post a thread over there and simply ask if people know how to get in touch with the guy. Explain that you've been waiting a long time, and that you've got money in the game, and that you just want to talk to him to get some idea of when you'll get your pedal. Sit back and see what the responses are. I'll bet other people in the situation will come forward. With enough momentum, you maybe be able to force the guy to surface.
3) Repeat the same thing at Harmony Central, I Love Fuzz, Talk Bass, and any other gear-whore forum you can find. Basically any place where somebody will pay big bucks up front to wait a year or more for a pedal they've never played. There are several such forums.

If the guy ever plans to sell another pedal, he'll have to deal with the threads you've started.