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Post by stuart on Feb 25, 2021 14:13:23 GMT -8
One reason i do NOT like having to order online, most of the good hobby shops near me have gone fully online. That means this kind of stuff can happen. I usually just go with Trainworld or modeltrainstuff as they can be trusted, and dont bother with pre-orders. Actually you can pre-order with both Trainworld and M.B. Klein (modeltrainstuff).
Stuart
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Post by riogrande on Feb 25, 2021 15:25:41 GMT -8
Actually you can pre-order with both Trainworld and M.B. Klein (modeltrainstuff). Stuart When did M.B. Klein shart pre-order? I've been a regular customer for many years and I haven't been able to pre-order anything, only be notified when an item I wanted was in stock. |
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Post by NS4122 on Feb 25, 2021 17:36:31 GMT -8
Easy answer...they didn't. You snooze, you lose at MBK. Actually you can pre-order with both Trainworld and M.B. Klein (modeltrainstuff). Stuart When did M.B. Klein shart pre-order? I've been a regular customer for many years and I haven't been able to pre-order anything, only be notified when an item I wanted was in stock. |
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Post by kentuckysouthernrwy on Feb 26, 2021 7:45:49 GMT -8
In Texas, a hand shake is still considered a legally binding contract in business that will stand up in court... That's because in Texas, the judge, the prosecutor, the defendant and/or several of the jurors are all related to each other. Or some combination thereof. Really? Rather a narrow minded, arrogant point of view. |
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Post by peoriaman on Feb 26, 2021 15:02:56 GMT -8
That's because in Texas, the judge, the prosecutor, the defendant and/or several of the jurors are all related to each other. Or some combination thereof. Really? Rather a narrow minded, arrogant point of view. Perhaps, but in a "so-and-so is a thief!" thread it doesn't seem quite so harsh. I feel bad for the OP but I think this was entirely the wrong way to get his point across. Or more likely, I am wrong as usual. |
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Post by MesquiteBeltRR on Feb 26, 2021 22:57:51 GMT -8
I really hated to take this public, but after 5 months of no replies to 3 different formats, this has been acknowledged by Todd and Lines West & a promise to refund monies has at least been talked about.
This is not how I like to do things, but a total lack of communication and responses forced the hand that was dealt.
Once I am refunded my funds, I will update this thread.
Hopefully Todd will follow suit and refund everyone else I know of the money he took from them months ago and never fulfilled his end of the business deal to ship the products.
Time will tell....
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Post by flanker on Feb 27, 2021 5:46:46 GMT -8
I can understand your frustration. LombardHobbies is not far from this either, I had a pretty bad experience with them. The shipment did not move for many weeks, and they stopped taking my calls. I reported this to my Credit card company who twisted the arm to force them to investigate about my merchandise and delivered with a huge delay. ON top, no apologies or regret/ remorse from the shop owner, pretty ignorant and egoistic attitude. Even though they had some good prices, I would rather pay a bit more but never again LombardHobbies, they are crooks !! Not to hijack the thread, but im assuming they shipped pretty quickly, issue was on the shipping company’s end? I agree, they shipped in reasonable time, how ever until unless the item is not delivered, seller is responsible. Things starts to get nasty when I call them to enquire, and the shop owner A. Fidone stopped responding to emails, stopped picking my calls, and did not even come over to phone ( multiple times this happened), what an arrogance, things went so negative and scary ( order was over $2000) that I end up involving my Credit Card company to twist his arm to respond. I can understand Corona times things were out of normal operation, how ever at least talk to the person over the phone. Not just put the money in his pocket and stopped caring for customer. |
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Post by NS4122 on Feb 27, 2021 8:20:11 GMT -8
Wrong. Right on Lombard's website it says to contact the shipper if a package is lost or damaged. To me that implies that the shipping terms are FOB Origin, which means the sale is considered complete when the item leaves the seller's dock. Once it leaves the seller's dock you own the goods, you are liable for them and they are not legally responsible. I agree, they shipped in reasonable time, how ever until unless the item is not delivered, seller is responsible. Things starts to get nasty when I call them to enquire, and the shop owner A. Fidone stopped responding to emails, stopped picking my calls, and did not even come over to phone ( multiple times this happened), what an arrogance, things went so negative and scary ( order was over $2000) that I end up involving my Credit Card company to twist his arm to respond. I can understand Corona times things were out of normal operation, how ever at least talk to the person over the phone. Not just put the money in his pocket and stopped caring for customer. |
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Post by flanker on Feb 28, 2021 3:55:49 GMT -8
Double Wrong, Contract of Shipping is between seller & shipping company. Lombard can write what ever they want on their website, that is why I say they are crooks!! I am receiver of goods, as long as goods are not received, seller is responsible, not buyer ! My credit card company will claim the money from Lombard. Lombard can claim it from shipping company or from the insurance of shipping. if you do not know something, please do not act like super lawyer & comment like that. Did you get any money from Lombard to fool the people on this forum? Thanks Wrong. Right on Lombard's website it says to contact the shipper if a package is lost or damaged. To me that implies that the shipping terms are FOB Origin, which means the sale is considered complete when the item leaves the seller's dock. Once it leaves the seller's dock, you are liable for it and they are not legally responsible. I agree, they shipped in reasonable time, how ever until unless the item is not delivered, seller is responsible. Things starts to get nasty when I call them to enquire, and the shop owner A. Fidone stopped responding to emails, stopped picking my calls, and did not even come over to phone ( multiple times this happened), what an arrogance, things went so negative and scary ( order was over $2000) that I end up involving my Credit Card company to twist his arm to respond. I can understand Corona times things were out of normal operation, how ever at least talk to the person over the phone. Not just put the money in his pocket and stopped caring for customer. |
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Post by NS4122 on Feb 28, 2021 8:39:14 GMT -8
Whatever dude. They aren't crooks because you don't understand shipping terms. www.freightright.com/kb/fob-originDouble Wrong, Contract of Shipping is between seller & shipping company. Lombard can write what ever they want on their website, that is why I say they are crooks!! I am receiver of goods, as long as goods are not received, seller is responsible, not buyer ! My credit card company will claim the money from Lombard. Lombard can claim it from shipping company or from the insurance of shipping. if you do not know something, please do not act like super lawyer & comment like that. Did you get any money from Lombard to fool the people on this forum? Thanks |
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Post by cera2254 on Feb 28, 2021 15:16:48 GMT -8
I guess I understand they could try and get ahold of the shipper but really they have no more pull than the receiver on getting things straightened out... They can’t control if UPS or USPS takes forever to deliver.
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Post by MesquiteBeltRR on Mar 1, 2021 17:55:37 GMT -8
STATUS UPDATE:
First of all, all Lombard conversation needs to go elsewhere; be a man & start your own thread, do not hijack mine or distract the two fold purpose:
1) Be very aware of Lines West business practices
2) Communication is about nill; my ex and I communicated better at the most ugliest of fights.....
Todd Jones owner of Lines West finally communicated with me after several days of waiting after 2 direct messages to Thunderhawk....
I wish Todd two things:
1) He would also refund the others asking for refunds, three of whom I know personally. Kevin, Scott & David deserve the same decency.
2) Nothing but the best & I hope he learns from this nasty mess that communication is the key to patience & understanding. A lack of or no communication never does any good for anyone involved......
For all those who read this, I absolutely hated this final try to get a refund.....it shouldn’t take this kind of desperate measures.......
I’m done & I will not post on this thread again
Have a great week!
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Post by kmaster on Mar 2, 2021 4:53:37 GMT -8
Good thing he got back, as for the hijacking of the thread, it was more of a spark from the original idea. People seeing this happen elsewhere could discuss it when this topic comes up, that's how conversation works. You can't really have the same convo for what? 2 weeks? So i'd say everyone was in their right to talk about Lombard a bit. We still were focused on the original topic in some way.
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Post by NS4122 on Mar 2, 2021 8:14:18 GMT -8
It is unfortunate that the ridiculous Lombard hijack detracted from this thread, but what is concerning to me is that the forum administrator chose to bury this thread on the least read forum and did not put up the usual notification that the topic was moved, as if to purposely draw attention away from it.
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Post by Christian on Mar 2, 2021 8:41:24 GMT -8
It is unfortunate that the ridiculous Lombard hijack detracted from this thread, but what is concerning to me is that the forum administrator chose to bury this thread on the least read forum and did not put up the usual notification that the topic was moved, as if to purposely draw attention away from it. On the opening page, if you scroll all the way to the bottom there are sorting options which pay no attention as to where some admin has dumped a thread. I commonly use "Recent Threads" and miss nothing. You could also use "Recent Posts," but I do find that one a bit confusing.  |
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Post by lvrr325 on Mar 2, 2021 10:44:26 GMT -8
Getting a new company off the ground is tough and the temptation to charge ahead before you can ship, or to do it based on what people tell you and then have a setback, is a real problem. A lot of these little businesses get cash flow problems. Either we'll find out what happened, or we won't.
I have a few preorders in for customers I probably should take a deposit on and I don't even do that.
Selling on eBay they hold me responsible until the customer gets it, which is a little absurd since I don't control what the shipper does, but it's why we insure the packages, so that if the shipper does something to lose or damage it I can submit a claim and be made whole.
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Post by stuart on Mar 2, 2021 13:39:24 GMT -8
Actually you can pre-order with both Trainworld and M.B. Klein (modeltrainstuff). Stuart When did M.B. Klein shart pre-order? I've been a regular customer for many years and I haven't been able to pre-order anything, only be notified when an item I wanted was in stock. On the row of links at the top of the page click on "Coming Soon."
(sorry I didn't respond sooner, I'm still learning this forum and only just noticed your comment.)
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Post by dti406 on Mar 2, 2021 14:53:11 GMT -8
When did M.B. Klein shart pre-order? I've been a regular customer for many years and I haven't been able to pre-order anything, only be notified when an item I wanted was in stock. On the row of links at the top of the page click on "Coming Soon." (sorry I didn't respond sooner, I'm still learning this forum and only just noticed your comment.)
Stuart all that page does is inform you that a new model is coming and when in stock you get an email that it is in. If 300 people get that email and they only have 100 models then whoever is last loses out. On a real preorder system the store orders for all the preorders it has received then either charges your credit card or sends you an invoice and you get your model. I have seen many a post where a modeler missed the email and lost out and then scrounged around trying to find the model they wanted. The main reason I seldom get anything from MBKlein. Rick Jesionowski |
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Post by thunderhawk on Mar 6, 2021 13:35:23 GMT -8
While responding to this will likely simply inflame things further; Devin really likes to throw around "be a man" a lot. Along with other inflammatory words and statements as seen with this thread. He got his refund while the MKT flatcars were shipping. No, I did not go to the bank for a cashiers check as he demanded. He turned very nice and conciliatory when I sent him a screen grab of his refund. All but 13 have been shipped. They will go Tuesday as the shipment for more trucks from Kadee shows they will arrive Monday. The CAD files I received for these cars required far more work than I expected. Saying that, the cars have FAR more, and better, detail than was delivered to me. I did not have any requirement or agreement to improve them but took it upon myself as I didn't feel comfortable shipping them as designed. It was not planned for delivery to take so long but a better product came because of it. As far as the accusations of thievery, if I was trying to take people it certainly would not be on a car that sells for $27 after discount that I spend $6.59 on for trucks, source decals (more $), source specific screws (more $), source specific to this car weights (more $), spent a lot of hours doing CAD on and end up selling around 45 of them. Not a big money maker. The price is going up if I decide to continue selling them as they are not the easiest things to print. I do this on the side. I have mentioned in the past the health issues my parents have and the fact that is taking a lot of my time. While I would like to invest more time in this endeavor I really can't right now. I have gotten some help this week and have managed to ship 50+ orders clearing a good chunk of the backlog. I am still behind but working to get caught up. I have not advertised nor run a sale in 6+ months simply because I am time limited due to the above mentioned family health issues and it is not fair to those waiting for their orders to be pimping for more. Hardly the actions of a scammer or thief. Those with patience I thank. |
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Post by lvrr325 on Mar 6, 2021 15:09:00 GMT -8
50-ish orders, average say 2 cars per order, before expenses you clear like three grand. That's hardly enough to wreck your reputation over.
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Post by NS4122 on Mar 6, 2021 17:19:59 GMT -8
With all due respect, if you are in business, be it on the side or your main occupation, you need to take care of business. If you can’t take care of your business and you are taking people’s money, you shouldn’t be in it. All of this could have most likely been avoided had you communicated to those whose money you took. While I understand taking care of your parents is a priority, it is hard to believe you could not spare some time to reply to emails. If it’s one thing I’ve learned in business, delivering bad news about a delay or problem is far far better than not delivering any news at all.
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Post by MesquiteBeltRR on Mar 6, 2021 20:51:53 GMT -8
While responding to this will likely simply inflame things further; Devin really likes to throw around "be a man" a lot. Along with other inflammatory words and statements as seen with this thread. He got his refund while the MKT flatcars were shipping. No, I did not go to the bank for a cashiers check as he demanded. He turned very nice and conciliatory when I sent him a screen grab of his refund. It was not planned for delivery to take so long.... As far as the accusations of thievery, if I was trying to take people it certainly would not be on a car that sells for $27. I have mentioned in the past the health issues my parents have and the fact that is taking a lot of my time. While I would like to invest more time in this endeavor I really can't right now. I have gotten some help this week and have managed to ship 50+ orders clearing a good chunk of the backlog. I am still behind but working to get caught up. I have not advertised nor run a sale in 6+ months simply because I am time limited due to the above mentioned family health issues and it is not fair to those waiting for their orders to be pimping for more. Hardly the actions of a scammer or thief. Those with patience I thank. Todd, You want defend yourself publicly, then let’s just cover the basics of my complaint and charge of theft: If I receive money from Joe Smith for something I’m offering for sell, and then for 5 months REFUSE to communicate, answer repeated emails, instant messages and even phone calls, what else can one think? I said repeatedly in emails that I singlehandedly took care of my Mom while working both my fire department shifts and my second job, averaging over 110 hrs a week and I TOTALLY UNDERSTAND getting behind, being overloaded & overwhelmed..... But I REFUSE to believe at no time in 5 months you didn’t have time to even shoot out a group message “Hey guys, I’m swamped right now with family issues still and haven’t been able to get anything done; I ask for your patience” I do say grown men need to act like grown men & be a man; Being a man is doing what needs to get done, even when it’s tough and overwhelming sometimes. It means doing what you need to do-even if it is a simple group email. How about instead of me saying “be a man” would you find “have ethics in business dealings” less upsetting to you? How about ask your Dad “if somebody took money from you for something for sale and never sent the item or answered any correspondence; what would YOU think Dad? Yes, I did ask for a cashiers check because A)you had lost any & all trust I had in you and B) as I communicated to you the card used had been closed so to fraud NOT related to you or Lines West and my bank doubted seriously they would allow a credit in that now closed card. Yes, my attitude did change ONCE you FINALLY returned months of emails and messages. I also confirmed to you & this list when money hit my bank. I also updated this list which I felt compelled I order to be fair to you and me. Yes, I try to be fair when there is an attempt on the other side. I could have dropped this thread then never updated where this was going, but “ghosting” what people call it nowdays isn’t the way I do things. I will call you out for what not doing what one should, but I will also commend once things are made right. I thanked you several times for finally taking care of this. I also closed the email reminding you that this ENTIRE issue could have been resolved with just a simple email letting people know what’s going on. I also closed wishing you well and continued improving health for your parents, but you left that out too... It all about communication & the lack of the same..... Obviously, you STILL don’t get that. |
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Post by lvrr325 on Mar 6, 2021 23:01:41 GMT -8
Kind of silly at this point. Guy had problems, guy still produced the models, a few guys got mad, they get their money back. Could be a hell of a lot worse.
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Post by kmaster on Mar 8, 2021 6:45:05 GMT -8
"Being a man is doing what needs to get done, even when it’s tough and overwhelming sometimes. It means doing what you need to do-even if it is a simple group email." Being a man is defined by one thing, and you learn about it in a special class...
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Post by Baikal on Mar 8, 2021 8:18:13 GMT -8
In Texas, a hand shake is still considered a legally binding contract in business that will stand up in court... That's because in Texas, the judge, the prosecutor, the defendant and/or several of the jurors are all related to each other. Or some combination thereof.
Verbal contracts (handshake doesn't mater) are legal in most places in the US for most types of contracts.
In California, verbal is legally binding for everything except real estate. Those must be in writing.
Verbal contracts are just harder to prove if need be. But they are just as valid/legal. Your state or other jurisdiction may vary.
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