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The Old Boys Club in action... HELP ME PLEASE!

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T

target4obc

Guest
What is the name of your state? PA

In the spring/summer of 2002 I was asked by a local (large) car dealership to create a new web site for their business. They asked that it debut in August to coincide with the termination of hosting services for their previous (lackluster) site.

My specialty is Search Engine top placement. I pride myself on designs that work, display well on all browsers, and are pleasing to the end user.

I built requested site, to include 2003 automotive data, and a small used-car section which was agreed to be updated monthly for a specified fee per vehicle. All of this was certified by conversation but later confirmed by my delivery of an itemized invoice which they subsequently accepted. Cheapsters that they are, they did not want to pay a mere $8K in one sitting so they asked if they could make monthly payments on it for a year. I'm a nice guy - tho sometimes it hurts; I agreed to payments. Bear in mind that service began in end-June beginning-July 2002, invoice was completed and accepted as of December 2002, I received first payment against this work in January of 2003.

Payments were received erradically, despite my continued good service. Sold with this invoice were web hosting (1 year at $240/year with features specified online and subject to change per the TOS agreement posted on my hosting site), design of site, agreed continued monthly updates for used cars at a fixed rate, and Search Engine Optimization for a year.

Hosting and SEO expired in June-July 2003 (one year after hosting services began).

In June 2003, in a meeting with me the owner Gregg and his new assistant Dave indicated that they wanted to extend the hosting service for a year, I offered them an Invoice against such a request and they paid it. Gregg stated that Dave was "in charge fo the Internet from now on."

A week or so later, their system reached the maximum storage limit and we were unable to upgrade their site with new used car data for that reason. I contacted Dave (who had been put in charge of the web at the meeting mentioned above) and explained that he was out of disc space; he could have me delete a bunch of stuff (which I advised against; it was all there for a reason) or have me bump them to the next larger account to give them more space. Dave chose the latter. The price of the larger service is double the price of the middle size account which they formerly had had since our first association as hosting provider.

Dave made other changes to the association shortly after our meeting, asking that used cars be updated weekly and have a 24 hour turn around from photography to online update. I agreed to such at a slight increase in price per vehicle, Dave agreed to these terms also. The process for used cars was a mess, the dealer was never able to present us with a list of cars to be photographed and processed when we arrived at the lot, it was always a prolonged event waiting for them to come up with the data; and I've got a couple assistants on the clock during this time so I don't much appreciate it. It is just another indicator of the shoddy job they do up there at this dealership; disorganization is common.

By October, I had fully taken over the used car tasks, even to compiling my own list of cars to be processed (easy when you know how to use a computer as intended - they had always done it the manual way which was slow and inefficient and much resented as an assigned task by the sales guys who would rather be selling cars hence the commonplace delays in the old way of handling the task).

In the first week of October, I asked Dave if he was happy with the site and the used car areas. He said "I love it. I don't have to do a thing and it all gets done." I inquired, OK, the 2004 model year product is out, has been out. Would you like me to build your 2004 model pages?" He replied "Yes, how soon can we get on that?" I suggested that the next day my assistant could drop by the dealership to download the data (images and such) from the ford dealer web site using the fast connection which the dealership maintained. David agreed. My man Aaron showed up, spent most of the day obtaining the data using the dealership computers & connection and logged onto the Ford Dealer site using the dealer's own username and password.

Subsequently my assistant began massaging the data to make it usable on the web while I began doing research into the dealership's competitors to ensure a superior product compared to those competitors' sites. In total we have 30 hours into creating the 2004 model year pages for the dealership. I presented Dave with the rough draft of the piece in November, he liked it, but subsequently took it past his boss Gregg. Next Dave came on the phone and said he didn't like it and there was trouble and finally admitted that Gregg had asked one of the employees to build a new site for 2004.

Previously, I had had communication with the office manager indicating to her the terms by which I accept payments. Their payments had been late, erradically so, even to the extent of forgetting to pay me in May 2003. My terms are simple, first late-pay gets a warning, second gets a $50 fee for late processing and a third late-pay merits the account becoming due in full. Having gone thru three (or more) late payments, I opted to consider the bill due in full. On my next visit to the dealership to update used car pages, I presented a bill for both the November and December installments. They paid only the November installment.

He subsequently told me that that employee was likely to loose his drivers license and that if he did he would be of no use to the dealership and that MY design would then be needed. Dave asked me to 'just sit tight' and wait for the employee to loose his license and all would be OK. Well, the lad did not loose his license (as far as I know) and by middle of December it became appearant that they would not be working with me as a designer. That is all well and good, amateur work nets amateur results and my professional level of service will show in good time.

During my middle-of-December phone call with Dave, I indicated that the hosting was about to expire in the end of December (the new account cost twice what the old account cost and so what would have been 12 months at the lower rate worked out to 6 months at the higher rate. I notified Dave that he would need to pay for the next year's hosting in advance if he wanted the discount rate, otherwise, a quarterly (no-discount) rate is available; we require each quarters service to be pre-paid also.

I heard nothing from Dave.



(continued)
 


T

target4obc

Guest
continued (sorry about length)

December 31st, a reminder that the dealership site was to be closed that night at midnight unless payment was received by this time. I checked my PO box, but there was nothing from the dealership. I went the extra mile of calling the dealership and speaking with Dave who said he would "get right on it" and expressed that they did not want the service turned off that night. Three hours later I again called Dave who asked me to hold so he could go consult Gregg. Dave returned to the phone and said I should come over to collect payment." I indicated that the payment should include both the December installment and the next period's web hosting fee. Dave agreed to this and again said "come on down and get this."

Normally, my clients are required to get the payment to me by mail, but I am a nice guy (boy has THAT gotta change) and so I went to the client's site to collect payment.

Upon my arrival there at about 2pm, the owner and an elder salesperson were sitting at a desk in the front of the showroom just chatting. The place was deader than a doorknob; it was new years eve after all; who is shopping for a car on new years eve?

I explained to the owner that I felt it important to inform him that it was my belief that decisions were being made that would adversely affect his Internet experience. He stated that he did not know anything about the Internet that I should talk to someone else. I said that having at least informed him I felt I had done my duty, that others in the decision making chain were aware of my opinion but chose to ignore it.

Dave was no where to be seen at this time.

At this time, a younger salesman waved what might have been a check at me and directed me to come to his office. I entered the office and said "Hi Jeremiah, how are you today?" He looked up from his desk and said "Give me the passwords". Understand this is not an authorized person, only Gregg and Dave have authorization for such things. Jeremiah again waved the paper at me. I asked "Is that my check?" The reply "Yes it is, give me the passwords." I asked, "Where is Dave?" The reply, "not here, give me the passwords." I stated, "have Dave give me a call when he gets in." I left his office and crossed the showroom floor.

Gregg puts in an appearance now and is told by Jeremiah that I won't give him the data he wants. I stated that I was here to collect a payment. If they had a check for me, I would be happy to answer the questions posed by authorized personell after the check had cleared. If they desired a more immediate reply, the mere couple-hundred dollar payment could be rendered in cash and I would gladly provide the data to an authorized person at that time.

Gregg said "get off the lot."

I turned to leave and Gregg laid a hand on my shoulder very heavy and restraining, I continued to travel toward the door. Once outside Gregg said "You better hope I don't see you off the lot because if I do I'm going to kick your F*^%ing *ss."

I pivoted on my heel in such a way as to force his grip to release. I told him "I've not seen such remedial behaviour since high school. Do you treat everyone this poorly or is this a special case?" He replied "Why don't you meet me. Pick a place and meet me and I'll kick your F*^%ing *ss!" I said "Please, I don't have to take this from anyone" and I turned to leave. He taunted me saying "see that's because you can't do anything!" As I was getting into my truck, he tried to slam the door shut on my legs. I blocked the door with both hands (spraining a wrist in the process), this made Gregg look very angry. He yanked the door open, partially dragging me from the vehicle and struck me with his fist across my ear and temple area. This knocked my glasses off my face and I watched as if in slow motion they fell as Gregg slammed his weigth against the door driving me back into the truck and crushing my glasses in the door.

I opened the door and got out, Gregg looking for all the world like I was going to scrap with him. I looked very slowly around the lot, hoping that someone might have witnessed this affair, I scanned 360 degrees looking for human forms; there were none.

The owner exited the building asking what was going on here. I was angry and I replied that that SOB had punched me and broke my glasses and that I was going to call the police. The owner said "no you are not. Get off the lot!"

I went across the road from the lot and summoned the police and an ambulance (my bells were ringing from the sucker punch).

The problem is this; I could not bring myself to leave the only vehicle we have, which my girlfriend and I share (her truck), across the road from the guy who had attacked me; I kept thinking that that would be a bad thing and proving who did it afterwards would be fruitless. I declined a ride to the emergency room, asking only if the EMTs would certify that I was OK to drive myself into the ER (which they did).

The officer immediately told me "there's not enough evidence to prosecute" this even before he took my statement, this before he examined the scene, this before he interviewed the perps and their cronies.

I stated that I insisted charges be filed, that I was assulted, a victim and I demand action be taken against my assailant. The cop gave me attitude from there on, reluctant to answer any questions and totally negative in attitude. Then he told me "go home Mr X, go home."

I am in the habit of doing what a badge-wearing duly authorized person tells me; I went home. My head was still spinny, but I went home.

At home, I awoke my night-shift CCR Intensive Care RN of a girlfriend. She took pictures of the area of the bruise (only now begining to form a redness). She agreed that I should go to the ER and so we did. I was treated for the blunt force trauma to the head and given a prescription pain killer along with head wound care instructions.

The next day, the sprain was swollen and the pain killers I was taking by doctors' orders was not doing the trick. Thanks to the pain killers, I'd really not noticed the wrist soreness until it had swollen to this level.

I went back to the ER to let them look at my wrist, but it was New Years Day and the ER was crowded. The triage nurse asked me "you do know that it will be at least 4 to 6 hours before you will be seen by anyone?" I looked around at all the folks coughing and sneezing and wheezing and sick with colds and flues and said "it does not occur to me that waiting in this air is a healthful thing, if it is just the same to you, I'll come back in a few hours when you are less busy." The triage nurse agreed and so I went home, took a pain killer and went to sleep until about 4 or 5 am when the pain again woke me. I called the ER and found them pretty well empty, so I went to the ER. They said I had a sprained wrist, and issued a splint after a complete exam.
 
T

target4obc

Guest
24 hours later I was down with a flu that my girlfriend insists turned to pneumonia on me. I was down for about two weeks and weak as a babe for two or three more weeks. I have no health care insurance and am a struggling small business owner. I really cannot afford medical care nor insurance with my low cash-flow and modest client base. My business depends on new clients coming in all the time since my clients usually have me do a job and it works flawlessly for a year or more before I get update requests.

I've had to sue the former client car dealership for the 30 hours of work I did which they are refusing to pay for, as well as the missed installment from December.

I managed to get a legitimate tape made at the DJ's first court date. I am poor, so had to represent myself. The Judge was very upset toward the end of the session, she even expressed a concern over what this was costing the defendant (dealer) ... does this indicate a bias? Here she is worried that an affluent member of the community is being prevailed upon to defend himself against my charges, whilst I, a struggling freelancer who cannot afford representation is accorded no such consideration. Did I not spend extra hours preparing? That is an expense let me assure you. I am working hard to present a case, it required a line of questioning that took about two hours and is not quite done. I've got my witnessess there too, they and count also, not just the rich car dealer on the defendant side of the table (or at least this is my feeling). It is not my fault that I have a case that needs heard, nor is it my fault that the process takes more time than a typical drive-thru visit to Burger King. I think I'm due my day in court and that means being heard on the issues.

Is this grounds for recusal of the judge?

Is there ANY LAWYER OUT THERE WHO WOULD HELP ME AGAINST THIS MONIED AND (LOCALLY) INFLUENTIAL PERSON?

The cops never pressed charges.

The DA's office threatened to hang up on me and refused to set an appointment for me to speak with the DA.

Everywhere I turn, the buck keeps being passed and I am struggling thru this with all the psychological effects one would attribute to the victim of a violent crime. HELP ME PLEASE.

In two days I stand before the angry Judge again and I am not sure what to do.

Perplexed and distraught,
-Target4OBC (Old Boys Club)


P.S. Thru all of this NO officer of the law has examined my medical records, nor have they elected to examine physical evidence. the officer investigating never even followed up with me; he would have left me turn in the wind with no info had I not called him.
 
T

target4obc

Guest
P.S.

Did I mention the perp has a record for spousal abuse even to the extent of PFA's being issued?
 

JETX

Senior Member
So much for 'be brief and to the point', huh???

Sorry, try this again and leave out all the extraneous crap. Should make it about 4 sentences long.
 

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