How would you react.... (Full Version)

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unsung -> How would you react.... (2/12/2007 3:51:52 AM)

Story behind the question first.

Spoke with a dom a sometime back things were moving along quite fine, then I agreed to do some work for him - a subcontract to be paid 2000 Canadian.  I tried to collect, but was given a story his daughter ripped off his company and he was trying to get on his feet, so I left it alone for awhile.  I pursued following a period of time of grace, and was told by someone (supposedly his daughter via email) that he was killed in a car accident.  I attempted to look through the obituaries but could not find a record of his death.  He had a profile on another site that died along with this so called death.  Well here I am browsing profiles and low and behold if the same identical profile does not show up again from same location the only thing different is handle and age.  But the lie about the age is normal for him, he had lied when I first talked to him said he was 50 when in fact he was 55. 

So that is the story, how would you react to this considering the scenerio you are out 2000 dollars and your work is still being used by a couple of companies as part of their marketing? 

I have mixed feelings on this one, but am tiffed non the less.  Jack ass is the only thing coming to mind here, me for believing and trusting someone, and for him for not being such a wonderful lord scrumpious (just thought I would add alittle color for the man that MAY or MAY NOT be 6 feet under) dom he made himself to be for the longest time, until questioned on an issue of trust (damn I wish I could remember that conversation).  The pickle in this situation however is that this dom is so friggin far away, to go after a court settlement would be useless and lengthy.



cuddleheart50 -> RE: How would you react.... (2/12/2007 3:57:46 AM)

only thing that comes to my mind is ........... SCAM



bandit25 -> RE: How would you react.... (2/12/2007 4:08:44 AM)

If legal means are really out of the question, then there's not much you can do.  I know this is easy to say and hard to follow, but you gotta let it go.  Don't be so trusting next time.  Get a contract and some money in advance.



RPutnamJr -> RE: How would you react.... (2/12/2007 4:11:30 AM)

Consider it a loss and a learning experience...Or take him to court..Question is can you file in your state/provence since that is where you live?...Can file in small claims court. Assuming he is what he truely is. I'd just drop it as a learning experience personally...doubt you'd be able to collect even if you won. Could turn it over to law enforcement but if he is across international borders that won't do you much good unless you contact the jurisdiction he is in and I doubt they are smart enough to handle something like this. I might want to notify CM about him but unless he has something in his profile that is prohibited then that is no good either. And he might just make a new profile.

So the best you can do is contact the companies that are using your information and tell them to stop...again don't know if they would or if you'd have to hire a lawyer since I don't know what rights you have to the information anymore.

Ultimately the only thing you can do is post a scam warning about him on CM, but like I said he'd just open a new profile. Thus unless you want to chase him the rest of your life...not worth the effort...just chalk it up as a learning experience. Next time you do work over the internet, get paid first, at least a partial payment and research who you are doing the work for.

This is the best advice I can offer.

Robert



LadyEllen -> RE: How would you react.... (2/12/2007 4:11:32 AM)

Did you do this work for this particular person as an individual, or did he order it for the company he works for? (Whether or not he owns the company?) This is the first step - identify with whom you made this contract, and thus who is liable. Did he hold himself out to be an agent of a third party for whom the work was being commissioned, or was it a pure subcontract?

Second step - do you have enough in writing, that you can prove the debt?

You also say that your work is being used in marketing by two companies; are these companies his companies, his employers, his principals if he is an agent, or has he sold the work on? It may be possible, if these companies have not yet paid him, that you can get them to pay you directly.

Sadly though, this is the nature of business; we get it all the time dealing in European transport. A client, (sometimes even a supplier) behaves like an arse, and there is nothing or little you can do about it because they are in another country, and you suspect that you'd be throwing good money after bad.

E






kittensmailbox -> RE: How would you react.... (2/12/2007 4:13:13 AM)

See it is situations like this where i wish there was a way we {as a community} were allowed to post names of photos of ppl who were fakes and scamers... To protect others...



bandit25 -> RE: How would you react.... (2/12/2007 4:17:13 AM)

Kitten,

There's an inherent problem with that...with all apologies to the OP, we only have her word that this happened.  If we are allowed to post stuff like that, OMG!  Can you imagine what would be on there?  Every scorned sub, every rebuffed dom.  What a nightmare!  No, if she can prove what happened, the best thing to do is take him to court.  We're adults and need to conduct ourselves as such.  Business is business...and I've done the same thing before, believe me.  I've learned my lesson tho.



kittensmailbox -> RE: How would you react.... (2/12/2007 4:19:49 AM)

quote:

ORIGINAL: bandit25

Kitten,

There's an inherent problem with that...with all apologies to the OP, we only have her word that this happened.  If we are allowed to post stuff like that, OMG!  Can you imagine what would be on there?  Every scorned sub, every rebuffed dom.  What a nightmare!  No, if she can prove what happened, the best thing to do is take him to court.  We're adults and need to conduct ourselves as such.  Business is business...and I've done the same thing before, believe me.  I've learned my lesson tho.


Yes You are right... just makes me so angry that are really such low lifes out there....



unsung -> RE: How would you react.... (2/12/2007 4:40:14 AM)

When I received notice of his death, I chaulked this up to a loss.  But the reaction is in the 'rebirth of his profile'.  A scam or not, the 2 grand hurt in losses but the clincher here is the fact that of believing a person can be trusted and in fact the proof shows otherwise.  Bandit the hardest thing for me is not to trust people, and because of that inclination in my nature I live in much isolation.

I just don't know how to react in this situation............ I did believe in this person, I did trust them on their word, I know my legal recourse would be drawn too far out into the future that the expense of time and energy would not be covered by the amount of financial gain I would get cause it probably would end up a deficient in the end.  I am biting at the bit here attempting to rationize with how to react to this reawakening from the dead.  I hope you understand.  My story is true I just left out the juicey intimate parts, but it was a subcontract to his company, he was paid for the work, the amount owing to me was just never sent to me for various reasons as stated above.



LadyEllen -> RE: How would you react.... (2/12/2007 4:52:54 AM)

Unsung - where is he located?

Depending where, then there are agencies who will chase payments for you, in return for a percentage of the eventual payment. No payment, no cost to you.

E



bearincuffs -> RE: How would you react.... (2/12/2007 6:33:03 AM)

In my opinion, I think the best thing is to consult a lawyer and silicitt heir advice if you'd be able to recoop any money owing. If that fails, then just have to accept the loss and learn from there. Life throws us nasty curves and we just have to learn to overcome them.



sambamanslilgirl -> RE: How would you react.... (2/12/2007 7:38:34 AM)

from a paralegal pov and to put things in perspective of the legal system, if you don't have anything in writing, they will 9 times out of 10 side with the scammer. sorry to be blunt however that's how it works.  next time, get everything in writing to protect yourself in case something like this ever happens again and that way you have a leg to stand on in court since it involves unpaid services rendered. also, copyright your work and make extra copies (on writeable CDs) ...never send any original material to your clients - keeping the originals will also help you in court because they will have the burden to prove it's their work product. 

so sorry this happened to you.



unsung -> RE: How would you react.... (2/12/2007 3:58:56 PM)

I am sorry it took some time to get back to this thread but I had to go to work.  Yes I still have all the correspondence and the original working files for the sites, and the names of the site owners ect. ect..  It is unfortunate that this occurred as well but it is something I have chaulk up to a learning experience.  But what has really been plaguing my mind is the issue of 'death'... I do not know if he is in fact dead, I am sort of suspecting it and someone is using his profile word for word except the user name and age.  If I go on the premise that I was told his company got turned over to another owner immediately, I will assume they also took over all his files.  But then I don't know.

It is a nasty game to play this death card, it is downright selfish.  I work beside a girl that just recently was fighting for her life to live........ and then I hear this kind of stupid nonsense of people using death as a way out of some sort of obligation.  Why can't people just be honest and fess up to these responsibilities; if you can't pay your dues - you can't, if you don't want to be with someone - you don't, and the list goes on but for phk sakes be somewhat human in your actions and treat people with some sort of dignity.  We will all get over the hurt and such in time. 

LadyEllen (Edmonton Canada to Guam are not legal loops I care to start diving through, life has begun to be positive for me.......... I do not welcome drama in my life... I will find the answer and move on swiftly from here)

Thanks everyone for the input.



sexyone4you -> RE: How would you react.... (2/14/2007 9:40:58 AM)

I say go for it.  LadyEllen gave some great advice.  See if you can find a company to help you.



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