DVA Models!!

And it looks like they forgot to pay their site's maintenance fee.

 

Hello:

I already wrote personal emails to the moderator of the forum to remove these posts as they obvoiusly are against the rules of the forum (rules state no defamatory messages) and he said he will remove them when he will have time. So in the meantime I defende myself again this Gentleman who wrote false defamatory messages. These are the emails he sent to me, as the model was mailed in September, so BEFORE he posted this online. I provided tracking info, and then the package misteriously was stocked in custom and returned back unclaimed. This person should watch out before stating the false online and defamate people because my patience has his limits. I put "xxxx" instead of his lastname and email address for protect his privacy.




Citeren Andy Dolermo <[email protected]>:

Andy,

Thanks for mailing the trackingcode.

I don't know why this all is necessary.

You have to believe me I have not received the trackingcode before this and also never ignored your mail.

Because why should I? I definitely want the model.

Best regards
Dirk


_________________________
> From: "[email protected]" <[email protected]>
> To: Andy Dolermo <[email protected]>
> Sent: Tuesday, November 29, 2011 5:30 AM
> Subject: Re: wrong shippingaddress
>
> Citeren Andy Dolermo <[email protected]>:
>
> Hello Andy,
>
> It seems that there is newe action in the shipping.
>
> Thanks for this!
>
> Best regards
> Dirk

>>> ________________________________
>>> From: "[email protected]" <[email protected]>
>>> To: Andy Dolermo <[email protected]>
>>> Sent: Monday, November 14, 2011 7:35 AM
>>> Subject: wrong shippingaddress
>>>
>>> Hello Mr Dolermo,
>>>
>>> From a USPS employee I have heard that they have returned the package
>>> with the Ferrari 333 SP.
>>>
>>> The reason was that the shippingaddress was wrong.
>>>
>>> So hope you would ssent it again to the right address:
>>>
>>> Dirk xxxxxxxxxxxx
>>> xxxxxxxxxxxxxxxxx
>>> xxxxxxxxxxxxxxxxxxx
>>> The Netherlands
>>>
>>> Thanks.
>>>
>>> BEst regards
>>> Dirk xxxxxxxx

 

Dirk, you are not only lying, violate this forum's rule, difamate DVA Models, but also write personal email addresses on the forum. Well done.

Of course you forgot big part of the communication, which I am not posting online as my lawyer suggested me not to. You will soon receive news from him. Hopefully the letter from the lawyer will reach you. Andy

 

Come on, this is not the way to treat a costumer. I have known Dirk as an avid and very knowledgable collector. He is serious about his hobby and should be treated as such.

Please don't start with the lawyers. Dirk is an unhappy costumer and shouldn't it be your responsibility to solve that? And I cannot imagine why you would want to legislate against the fact Dirk posted your emailadres. It is apparently the general adres of DVA Models. Surely you are not saying that this adres can't be made public? You want to sell modelcars, no?

I don't want any part of this, but things like this potentially take the fun out of a great (and expensive) hobby. Luckily about 99% are nothing but positive experiences.

 

Hello GTE:

whoever knows me know that I am very generous with people that respect me, that is all I ask, to respect and being respected. I don`t like to put lawyers in this situation but I like less people that dont use respect. I sent the model to Dirk and I sent him confirmation number for the EMS shipment. Yes the model was late and I put a gift in the package as I do when delays in production cause in delay in shipment (a model never leaves until is 100% accurate and perfect to our capabilities). For some reason the model was stocked in custom and then was unclaimed and sent back. How was that my fault? Along all this process Dirk and I comunicated thru emails, I also was close to him when his mother died I sent him condoliances. Why did he had to say online that I get the money and ship nothing? That is not not the truth. I got an email recently from a customer canceling an order, and he said because he saw what Dirk wrote. I called my lawyer and he said that this is a perfect case of difamation, and easy for a judge to decide how much to compensate me, exactly the amount of the order that was canceled and my lost sale. This is not how I like to deal, I can guarantee that. But what could I do? I asked Dirk please to correct online and describe the truth of what happened because what he said is not only an illegal use of this forum (surprised that the admin don`t give a crap about this) but also he is stating a false statement. He said he will change it only when he will get the model or get a refund. I didn`t asked him to say that everything is perfect now, I just ask him to say the truth, that I DID sent the model and the model was UNCLAIMED and RETURNED to the sender. How is that making me a thief? Is that the way of dealing with someone that makes models like we do? Not sure if you own or ever saw a DVA Models and you can like what we do or not, but obviously what we do is made with passion and care beyond every possible limit. Obviously he is enjoying giving false informations to people, and try to ruin my reputation, right?

And about emails, I don`t care for my work business, it bothers me that he placed online the personal email of my wife.

Finally, GTE. If you think that I am trying to be bad and speculate on this, let me tell you. If I will receive a public apology from Mr. Dirk, where he will admit that I always offered him communication, that I mailed a model and it was not my fault if it went unclaimed and bounced back, then I will stop the lawyer. Because if on his side there is an avid collector, on this one there is a producer that has to protect his business from the infamity and the lies. If we cannot figure out it by yourself, let`s (VERY SADLY) have the law decide who is right and who is wrong. Can you blame me?

 

Andy, did he get a model? Or did he get a refund? I don't think I saw what the result was.

Maybe I'm reading this wrong but it sounds like from what you said that (in your words above) "he will change it only when he will get a model or get a refund".

I know if I paid for a model and didn't get it I would expect a refund. It makes no difference it was returned to you. The buyer either gets a model or gets a refund. You can't have it both ways.

So which is it?

Dirk, if you received a refund then this matter should be settled.

 

Model Builder,

I agree with you that customer is always right and customer has to get the merchandise they paid for or a full refund, 100% true. However every business contract has to stay in good standing by the two parties not creating any fraud or crime. But if that customer in the meantime has commited a crime (Libel/Slander/Defamation are criminal offenses) the thing has to change prospective.

Listen, if you accidentaly back up your car into your neighbor mailbox and knock it down, it is your duty either to get a new mailbox for him or give him the money to buy a new one. It is a, let`s say.... $ 40 damage. But if your neighbor see his broken mailbox and hit your car multiple times with a hammer and cause... let`s say 5,000 $ of damage to your car... and on top of that he doesn`t listen to any reason and just yell.... would you still give him a new mailbox or his money back? I am curious to know.

And let`s say that in the case I described I talked about a mistake of a driver who drives into a mailbox. The problem of this transaction is not my mistake but a problem with the shipping, that is unfortunately beyond my control. And even if "my car was all smashed down by a hammer" I look at that and I say..."ok please just apologise and I`ll get your new mailbox".

Am I really that bad, REALLY?

 

Andy,

I am going to comment on a few things so take this for what its worth.

You have several problems with your argument and if you really think you can win a case let me point this out. First, the customer is not always right. But if you want to stay in business you had better learn to deal with problems a little better. You have been in business for many years, such as I, and nobody can make everyone happy all the time. But how you deal with those issues will effect your future especially now with the availability of instant worldwide communication.

So far what YOU have commited is called mail fraud. Thats far more serious and easier to prove that an accusation of liable. You took money and did not deliver a product. THAT is the main purpose of any contract which you are now in breach of. It does not matter that you sent it and it was sent back. You either need to resend it or you need to refund. If you think you are going to win a slander/liable case you are seriously mistaken. In fact, most likely you will end up paying damages. Slander/Liable defimation all those things have to be proven. The accused does NOT have to prove what he said is true or a lie. You have to prove what he said is not true. The customer DID NOT COMMIT a crime. Where is the conviction? Just because YOU think he commited a crime does NOT give you the right to break a contact. If you had sent him the model and Dirk had the model in his possession and STILL called you a theif, well then you would be justified.

Not to mention if your attorney really said you have a case then my money is on that attorney taking your retainer and skipping town. Is he going to take the case for free? I hope so. But if he asks for money up front thats not a good sign. Just a little unasked for advice. Be careful. The ice is cracking below your feet.

If I back into a neighbors mailbox I call the insurance company. If he dmamges my car on purpose I call the police...and the insurance company. But what I don't do is use that as an excuse to NOT fulfill any of my prior obligations. If you ever try to get legal with this you are going to find out the hard way.

You have tremendous talent, I think even Dirk has said that. But you are going to create a poor reputation if you keep this up.

The fact that the model did not show up may not be your fault. But it IS your responsibility to send out another or send a refund. If you don't, for any reason, its considered mail fraud. Thats a Federal crime. No small joke. Did you ask your attornet about that? You'd better. Nobody will care that the reason you will not send anything now is bacause he said some hurtful things online. In fact, they will say HE was justified.

If Dirk wants to, he can file with the Post Master General or Attorney General and you would be in a heap of trouble. It could potentially shut you down for good.

I hope you guys can resolve this.

Andy, please, you have nothing that can be gained by continuing down this path. However, you have everything to lose. Send him the model or refund. Move onto the next customer. Do the cost analysis of this one.

Good luck guys,
Ed
Island Collectibles, Inc

 

Thank you Ed for the suggestions, I have to say what I did is not mail fraud as the model WAS mailed and returned back. Also, model was mailed BEFORE he complained online, not after. I have proof of that so that is not a problem at all. I understand what you say, and I have to tell you that yes I tend to take things very personal, and not only because I am a hot blooded italian but also because what we make is not made by a machine but by hours of labor and it is difficoult to suck it up and go to the next customer. Just difficoult.
If what we make would be a mass produced, machine made piece of plastic I wouldn`t care less about it.
On top of that I have a long experience of people saying "just send me the model and I will fix everything" and after doing an enormous amount of work to fix third parties problem the ppl gets the models and still complain and say means things. As I said, very difficoult to suck it up, and because I am in business since 18 years now I have to say I had seen it all, from people writing bad checks for thousand of $$$ and no way to recover my loss to people using stolen credit cards # and people placing huge orders and then vanishing at time of delivery. I just have to thank the number of people that buys all the versions of models we make and make us stay in business confortably. For my birthday in June a collector in Europe sent me a free trip to Le Mans 24 Hours, all paid (hotels, tickets and so on) as appreciation for the models I am making for him. Those people bounce everything out and give me the strenght of keep doing the best I can on the models.

 

Ed, one more thing. I ask your suggestion because you obviously are here to try help us out, and I really appreciate it. How can I send the models to him and being sure that once he receive it he is saying he didn`t received an empty box? I had people doing that. I had clients saying they didn`t got a package when the post office had their signature on file when they sign to get the package, and I had people that broke models on purpose to send them back and being refunded. I had a customer that beg me to built 15 BBR Ferrari Enzo for him painted black, I sent him the finished models and he mailed them back saying there were poorly made. Of course I found out in the meantime BBR made a limited of black Enzos and the guy had no hope to sell his. I changed the 15 models for 15 DVA Models of HIS choice, and I kept the Enzos (tried to sell some at $ 100 online and sold only about 3/4). Still he complained in the box there were 13 models not 15, even if custom form declared 15 and all that and he wanted 2 more models. I am all about fixing this problem, but how am I going to do that? I feel sometime the more you are nice to them, the more they take advantage. I can guarantee I had a huge number of people taking advantage of us (immigrant in USA), use us and spit us out as soon as they felt our "meat" was finished.
Do you know this Dirk guy in person? If you do I could mail the model to you today together with a check for the shipment to Holland. Could we do that? Again, I am all about fixing problems and make customer happy I am just not wanting to get screwed over and over again.

 

Andy,

Contact FedEx or DHL. When they pick up the package take a picture of the carrier with the box open and the model inside...then seal it and hand it over.

You are now at a point of no return. You will have to send him a replacement model. I hope you guys work this out.

Peter W

 

Thank you Peter, I actually didn`t knew people could do that. That is an option.

 

Andy, do the right thing, either give Dirk a refund or send him his model. This is unbelievably ridiculous and now you question his trustworthiness after what you have put him through? Seriously? You are doing more harm to your reputation on this forum than anyone, can't you see that? Stop wtih the stories that have nothing to do with Dirk's model and deal with it honestly. Also, give Dirk a digital copy of the original EMS form, so far all you did was provide a tracking number that proves nothing, I can print one on Click and Ship too, anyone can. Show Dirk and the members reading this the original EMS form. If you can't do that, then nothing else needs to be said.

 

Mike:

cannot believe nobody understands! The package WAS SHIPPED. It left the post office, if left USA. Even Dirk admitted that. STOP SAYING LIES! It is UNBELIEVABLE, you just convince yourself and try make everybody elese believe to false statements. It was not only a click and ship... the package had records. If you can`t read black on white facts, then there is nothing I can do to change that.

I AM sending him the model, and that is not something different from what I said personally to Dirk even before I found out about these posts. The model is finished and packed now and I just need to figure out how to safely mail it. If DVA Models would be made by a machine by the hundreds he would already have his replacement. But because they are made by hands they just need time. Who knows the business will understand.

 

Model was mailed to Holland this morning, ems # EC 975898119 US. The gentleman at the Post Office agreed to take a picture at the model next to the custom form, and face and USPS tag with name of the person is clearly visible. I am storing the picture in the file. For the second time I did my part, now the ball is in the other part of the court.

 

I am happy to see this issue will get resolved.

Dirk, when you get the model post some pics. I am sure it will be a really beautiful model. DVA has always produced fine handmade miniatures.

 

exactly... processed throught sort facility. That means the Post Office scanned the package which means box was dropped to post office and it was not only a click and ship charge.