duratuss Posted May 21, 2010 Share Posted May 21, 2010 Hello, First let me say hello. I found this sight about a year ago and find it very helpful in getting my business started. I hate for this to be my first topic but feel I need to warn anyone who buys off of Ebay not to from justvendinginc2010 his company is McDonald vending of Plainfield IL. I sent him $1500 on May 8 for two soda machines and have not gotten them yet. I call the guy every day and he has another excuse on why they are not here. He states he was going to ship them himself, then his delivery guy was in the area but forgot, then the driver quite and so on and so on. So I hope this will help at least one person here from being ripped off. Link to comment Share on other sites More sharing options...
BudLeiser Posted May 21, 2010 Share Posted May 21, 2010 Hi welcome to the forum. Link to comment Share on other sites More sharing options...
sherlock Posted May 21, 2010 Share Posted May 21, 2010 duratuss, Welcome to the forum. Sorry about your bad experience. Ebay may have some help for you if you need to get your money back. Just make sure you go through all their proper channels. Maybe I'm too late to suggest this, but... Although you found the site a year ago, you didn't register until May 7, 2010. You then bought machines the very next day, May 8, 2010. You may have pulled the trigger a little too quick on that 1st purchase. If you wind up having to get your money back -- that may be a blessing in disguise. Since you stated vendiscuss has been "very helfpul" in getting your "business started" I am under the impression you are new to the vending world. I can relate to how overwhelming this business can be as I just started vending late last year myself. Please take a while to review all the helpful info on this site AND ask questions when you have them. Do this BEFORE attempting to make your next machine purchase. You need to know what you are doing before investing money into machines --- ESPECIALLY with full-line. I fear one day's worth of reviewing the vendiscuss forum is not enough. I know you found this forum a year ago -- but you could not have gained any wisdom from the threads until you registered on 5/7/10. Though there are far fewer Full-line vendors than Bulk vendors here -- the full-line folks are VERY helpful and friendly. Again, welcome...read a while. Link to comment Share on other sites More sharing options...
happyvending Posted May 21, 2010 Share Posted May 21, 2010 he owes me 10k worth of equipment class a cracko Link to comment Share on other sites More sharing options...
FRUCTOMAT Posted May 21, 2010 Share Posted May 21, 2010 Hello, If you pay by PayPal, you can dispute your charge. You can go to Paypal.com to read more about it. Good Luck Link to comment Share on other sites More sharing options...
s.weir Posted May 21, 2010 Share Posted May 21, 2010 If you wind up having to get your money back -- that may be a blessing in disguise.Sherlock makes a good point. I spent 4 months just doing research every day before buying machines. This is after I have already owned my own machines for years and I am merely getting back into the business, but now as a business and not just as owning a few machines. Link to comment Share on other sites More sharing options...
mission vending Posted May 21, 2010 Share Posted May 21, 2010 Brilliant detective work!! Agreed, though I wonder how good a job Watson would do? Link to comment Share on other sites More sharing options...
duratuss Posted May 22, 2010 Author Share Posted May 22, 2010 Yes I am new to Full line and only have 3 locations and was trying buying 2 soda machines for a new location. I am glad I learned my lesson sooner than later. I have decided from now on will only be buying machines that I can drive to (less than 100 miles) look over and will only pay for the machine the day I pick it up. I was able to find a place that sells used machines 45 miles away from where I live. I will be driving up tomorrow to check it out. Thanks for the insight and hope to have better posts in the future Link to comment Share on other sites More sharing options...
Poplady1 Posted May 22, 2010 Share Posted May 22, 2010 I can't believe this character is still in business. Almost 10 years ago he sold some machines to one of our vending friends. They purchased 4 drink machines and they never came. We ended up going to Chicago with a box truck, we got the police to go with us for a visit to his warehouse where we loaded up the machines. I am not sure how you stop someone like this from continuing to make life awful for vendors. Blue Moose Link to comment Share on other sites More sharing options...
fronk327 Posted June 6, 2010 Share Posted June 6, 2010 Sorry to hear that. Have you asked him for a refund? Link to comment Share on other sites More sharing options...
duratuss Posted June 8, 2010 Author Share Posted June 8, 2010 I am currently talking with a lawer about the issue. He has once last change to send the machines or he has to refund the money. Link to comment Share on other sites More sharing options...
happyvending Posted June 9, 2010 Share Posted June 9, 2010 i wonder who else david mcdonald owes equipment to Link to comment Share on other sites More sharing options...
Bender Posted June 11, 2010 Share Posted June 11, 2010 Duratuss, I want to break down your legal case into small bites for your information, and for your possible recourse: I'm not a lawyer, but I've successfully sued in small claims, and I regularly listen to a lawyer advice radio show. But I'm not a lawyer! eBay Buyer Protection is your first recourse. Credit Card Chargeback is your second recourse. Small claims court is your final recourse. This situation is exactly why I always pay with a credit card, even through PayPal. Your credit card company will protect you, immediately reverse the charges on your behalf, and require the merchant to justify the charges in order to get them reinstated. If you paid by PayPal with your credit card, contact your credit card company IMMEDIATELY to dispute the charges and have them reversed. After reversing the charges, you will have to make a written statement to the credit card company why you are disputing the charge. Your complaint is "non-delivery" and "breach of contract", you did not receive delivery of the product you ordered as agreed (your eBay transaction is a binding agreement). It is important to note that time is of the essence in disputing the credit card charge. Most credit card companies only give you 90 days to dispute the charge. After that, out of time and out of luck. If you did not pay PayPal by credit card, but rather with a PayPal balance or bank transfer, you will have to use eBay's Buyer Protection Program: http://pages.ebay.com/help/buy/protection-programs.html http://pages.ebay.com/help/policies/buyer-protection.html http://pages.ebay.com/buyerprotection/buyerFAQ/index.html You will have to follow their step-by-step, making every attempt to contact the seller to resolve the dispute. The deadline for eBay Buyer Protection is 45 days. The seller has 7 days to respond to your complaints. You can open an eBay Buyer Protection case using the Resolution Center here: http://resolutioncenter.ebay.com/ If the above two recourse do not work, you can always file a complaint in small claims court. It appears that the village of Plainfield IL does not have a municipal court, you will have to go to Will County circuit court. The dollar amount is not enough to justify hiring a lawyer, or suing in superior court. Your lawyer will probably already have told you if you can file small claims in your own municipality. I am not a lawyer, but a cursory examination tells me you will have to file a claim in the jurisdiction of the seller's address. Not good for you. If you file in your own locale, it's almost a sure win, because you will either get a settlement offer from the seller, a default judgment if he doesn't show up, or cost him a lot in travel expenses to appear in court. If you have to file in his jurisdiction, it's more trouble and expense for you, as you will have to travel to appear in court. First, you have to identify the seller's true legal name, and address. Then, you will want to send him a demand letter by mail. I recommend Fedex, UPS or Express Mail, so you have a signature confirmation. Certified mail can be refused delivery or not picked up. Next, you will have to file a claim in the court, and hire a process server. I recommend using the local county sheriff for service. When the police knocks on your door, it can be a jarring experience, unless the sheriff is your cousin. Your complaint is breach of contract, and non-performance on a contract. You fulfilled your contract by paying deposit as agreed in the contract. He breached by not delivering in the time agreed in the contract. In small claims court, the burden of proof lies with the plaintiff. That's you. It is important to clearly outline your complaint when you file. Print out your documents, such as the eBay auction page, your PayPal transaction, and all email correspondence with the seller. Arrange them numbered page by page in a file folder. Then write your complaint in essay format, pointing out each complaint and the evidence page number. Organize your evidence and bring 3 copies to the court - one for the bench, one for the defendant, and one for you. If you don't have a copy for the defendant, you will not be able to present it to the court. When it is time for you to testify, go line by line on your complaints, pointing out each item of evidence, pointing out WHY the defendant breached the contract and did not perform. If possible, perpare your essay in an outline format on only one page, referring to succeeding pages as evidence. When going to court, be stoic. Don't get emotional, and stick to the facts. Don't call the defendant a liar. Always address the judge only and not the defendant. Use every opportunity to support your claim of breach of contract. Dress and groom appropriately for the courtroom. When it's the defendant's turn to speak, get a notepad out and listen to the defendant carefully. Do not interrupt the defendant at any time. Take notes if you want to rebut anything the defendant says, and be prepared to clearly state why the defendant's statements are incorrect, using your evidence as support. Depending on where you live, it's probably not worth it to file a small claim, if you have to travel to appear in court. Best wishes in your case, and finally, DO NOT abandon your case if presented an offer to appear on a TV COURTROOM! Unless it's Judge Mathis, of course. He's hilarious! Link to comment Share on other sites More sharing options...
Bender Posted June 11, 2010 Share Posted June 11, 2010 According to your original post, you entered into the eBay transaction on May 8. That means your 45 day deadline for Buyer Protection is Tuesday, June 22. If your dispute has not been resolved, and if you haven't already done it, don't miss your deadline for eBay Buyer Protection. It's cheaper and more convenient than small claims court. Your 90 day deadline for credit card dispute is Friday, July 23. The statute of limitations for breach of contract in Illinois is 10 years. Link to comment Share on other sites More sharing options...
Poplady1 Posted June 21, 2010 Share Posted June 21, 2010 Bender I printed out your instructions for filing a small claim or disputing credit card charges. Very well written with lots of good points. Thanks for the information and taking all of the time to write it out. Blue Moose Link to comment Share on other sites More sharing options...
user104 Posted March 5, 2012 Share Posted March 5, 2012 Hello, First let me say hello. I found this sight about a year ago and find it very helpful in getting my business started. I hate for this to be my first topic but feel I need to warn anyone who buys off of Ebay not to from justvendinginc2010 his company is McDonald vending of Plainfield IL. I sent him $1500 on May 8 for two soda machines and have not gotten them yet. I call the guy every day and he has another excuse on why they are not here. He states he was going to ship them himself, then his delivery guy was in the area but forgot, then the driver quite and so on and so on. So I hope this will help at least one person here from being ripped off. please read he is still doing the same rip off hope this helps to avoid this guy and his scam ...! ! ! ! Link to comment Share on other sites More sharing options...
user104 Posted March 5, 2012 Share Posted March 5, 2012 I can't believe this character is still in business. Almost 10 years ago he sold some machines to one of our vending friends. They purchased 4 drink machines and they never came. We ended up going to Chicago with a box truck, we got the police to go with us for a visit to his warehouse where we loaded up the machines. I am not sure how you stop someone like this from continuing to make life awful for vendors. Blue Moose he is up to same thing over and over . I am currently talking with a lawer about the issue. He has once last change to send the machines or he has to refund the money. also persuing action against him.... Link to comment Share on other sites More sharing options...
Vendors Tech Posted March 5, 2012 Share Posted March 5, 2012 I checked eBay, he is no longer a registered user, at least under his old name. Good advice, Bender. I am currently studying law as a side hobby, as I want to be a lawyer some day, when I get out of this crazy vending business. When I get tired of people ripping me off, I'll become a lawyer and go after them. Anyway, all those who are pursuing him, keep us updated. I have experience writing for court cases, and so would love to help if anyone needed it. Link to comment Share on other sites More sharing options...
mission vending Posted March 6, 2012 Share Posted March 6, 2012 Sherlock makes a good point. I spent 4 months just doing research every day before buying machines. This is after I have already owned my own machines for years and I am merely getting back into the business, but now as a business and not just as owning a few machines. he is up to same thing over and over . also persuing action against him.... Well considering the original posts are from 2010, I hope you will update us as things progress in your efforts. Link to comment Share on other sites More sharing options...
snack dude Posted March 6, 2012 Share Posted March 6, 2012 know the difference between a lawyer and a catfish? One is a bottom feeding scum sucking organism, the other is a fish Link to comment Share on other sites More sharing options...
user104 Posted March 7, 2012 Share Posted March 7, 2012 Well considering the original posts are from 2010, I hope you will update us as things progress in your efforts. i will and am moving forward with legal action and Attny general investigation ripoff report has been a good tool . i have found that some of the people that have been scammed attempt to buy 1 or 2 used machines ( $500 - $1000 )and they give up the fight to get money back due to legal costs Link to comment Share on other sites More sharing options...
Leetvend Posted March 7, 2012 Share Posted March 7, 2012 Wow, I am glad I read this post. I hope anyone who ever goes to do business with him reads this. These kinds of posts are what makes this website an amazing website. Link to comment Share on other sites More sharing options...
user104 Posted March 7, 2012 Share Posted March 7, 2012 NO he has not used that name , just Mcdonald Vending and Value Vending Equipment cell phone area codes of 779 and 331 again RIPOFFREPORT.com and BBB.com have been useful so has the Will County Sheriff . Link to comment Share on other sites More sharing options...
mission vending Posted March 7, 2012 Share Posted March 7, 2012 The posts that mistakenly named a member as being this person have been removed. @user104, I really hope that you take the time to follow through on this and keep us updated. Sounds like this guy deserves to do some time behind bars. Link to comment Share on other sites More sharing options...
onthego Posted September 27, 2013 Share Posted September 27, 2013 NO he has not used that name ,just Mcdonald Vending and Value Vending Equipmentcell phone area codes of 779 and 331again RIPOFFREPORT.com and BBB.com have been usefulso has the Will County Sheriff . VENDING COMMUNITY WARNING.......! Same guy , same scam , still trolling on craigslist just more addresses and phone numbers. http://www.ripoffreport.com/r/Dave-McDonald-Vending/Lyons-Illinois-60534/Dave-McDonald-Vending-McDonald-Vending-Value-Vending-Mac-Vending-Mac-Vend-David-R-McD-1086854 Even landlords and employee are not safe . http://www.ripoffreport.com/r/David-mcdonald-vending-company-/Lyons-Illinois/David-mcdonald-vending-company-McDonald-vending-company-inc-scammed-me-out-of-4865-1080600 Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.