RESOLVED! ES member fell very ill & is working this out :)

[lifereinspired]

I still hope we can find what happened in this case... And then we can decide what to do from here. Since it's been less than a year, I doubt any statute of limitations has run out at this point.

Thanks again for the help.

 

[mwkeefer]

I'm sure not a legal expert... but in small claims can't you file in your (the plaintiff's) district? Does it have to be in the defendant's district?

The law is different state to state, in PA or DE that would be the move to make... need to check TX tomorrow.

-Mike

 

[Nehmo]

I'm sure not a legal expert... but in small claims can't you file in your (the plaintiff's) district? Does it have to be in the defendant's district?

The jurisdiction where the damage is done is the proper one. The actor is considered to have acted in that place (even if never there). But beyond providing that principle, I can't answer specifically. Also, getting a judgement transferred from one jurisdiction to another for enforcement is something I don't know about.

 

[mwkeefer]

I'm sure not a legal expert... but in small claims can't you file in your (the plaintiff's) district? Does it have to be in the defendant's district?

The jurisdiction where the damage is done is the proper one. The actor is considered to have acted in that place (even if never there). But beyond providing that principle, I can't answer specifically. Also, getting a judgement transferred from one jurisdiction to another for enforcement is something I don't know about.

Getting a judgement transferred to alternative jurisdictions at Small Claims Level is fairly simple I've done it between PA, De and Md in the past.... but as I pointed out TX is somewhere I need to check on.

I'm no lawyer and I'm not tracing this fellow to be some show off and there is little to no chance of recouping - but having answers is sometimes worth it in the fact it gives you piece of mind and closure.

I had conversations with DeVries back in the day too... never suspected and in likelihood he fell on hard times and this wasn't done with intent which as bad as this may sound, if the guy wasn't defrauding people with intent... there is no criminal charge for committing fraud requires the intent to defraud and that's a common fact of law.

I suppose what it comes down to is providing some closure for members on the forum, making sure Devries (if not defrauding on purpose) is okay and just getting resolution for everyone plus letting anyone who would attempt to defraud our members know we will go to any length to find them and make things right.

In this situation and just this one situation it seems everyone lost.

Let's worry about litigation and further steps after I get resources, evidence, locate DeVries and finally determine what really happened (the other side of the story), even the OP doesn't want blood, just answers really and can you blame her?

Respectfully,
Mike Keefer
mwkeefer at gmail dot com

 

[lifereinspired]

I suppose what it comes down to is providing some closure for members on the forum, making sure Devries (if not defrauding on purpose) is okay and just getting resolution for everyone plus letting anyone who would attempt to defraud our members know we will go to any length to find them and make things right.

In this situation and just this one situation it seems everyone lost.

Let's worry about litigation and further steps after I get resources, evidence, locate DeVries and finally determine what really happened (the other side of the story), even the OP doesn't want blood, just answers really and can you blame her?

Respectfully,
Mike Keefer
mwkeefer at gmail dot com

I completely agree with this! I think everyone on ES benefits and it hopefully it discourages anyone coming on these (totally awesome) forums to purposely in the future. Mike is completely right, I (well, we - my husband and I) don't want blood. I'd like to know what happened, I'd like to know if DeVries is OK (or not), I'd like answers for a lot of reasons. If I could recoup any portion of the items I bought, I'd love that too. While the bikes would be relatively saleable if he fell on hard times, I don't know if the controllers/motors etc would be. I realize that getting anything back is not terribly likely, but that doesn't stop me from hoping and wishing that we might get some pieces of it. As I said, even getting back some of what we purchased would be awesome...but I don't want to see Devries "get it" in any manner.

Mike, thanks so much for all of your help. I'm looking forward to hearing what you find out when you're able and have the time.

 

[cal3thousand]

You did the right thing by sharing this. Even if you personally don't get anything back (which sucks!), I appreciate the information. Makes me take a second to make sure who I am dealing with. This is one of the most wide reaching forums geographically, so we have to remember that all kinds of things can and will happen. I really wish this was a huge misunderstanding or something.

 

[MikeFairbanks]

I'm still not 100% on board with the original story. But then, I have a very difficult time taking sides in any given situation.

 

[ohzee]

I was the first person to do a paypal case for that group buy. It seems like anyone who did got their money back , but others who paid another way were screwed.
From looking into devries by his last name it seemed like he had a decent amount of family in the area he lived and that the address he had given before was a relatives of some type.

I even had someone pm me in the last few months from a name on forums that was made just to PM about devries (was like lead investigator or something) he said he was looking
into this seen my name had some questions etc.. I still have those of any mods are interested tho I wondered at the time if he was just fishing for what people know..

Sorry to hear about your loss again was hoping somehow you recovered it. There are plenty of good people out here , but just as many bad.. it's our job to weed those out and figure
out which is which. Just not always easy.

ninja edit - by here I mean the internet.. this board has the highest majority of upstanding people I have seen.

 

[lifereinspired]

Has anyone heard any more about this or found anything out? Just curious more than anything and any answers would be a luxury.

Thank you for taking the time to look up info and follow it up. I know there are a few people looking into this situation still and I truly appreciate it.

 

[lifereinspired]

I wanted to post on this thread one last time before I ask that it be deleted permanently.

Decries contacted me last week and tried by several methods...phone, multiple emails, etc. It was what I suspected (although better than I had feared because he's not dead!) in that he had a serious health problem come up which affected him profoundly and he is right back on the bike project working with me and has made everything right. It could not have between easy to contact my husband and I after such a difficult time and devries is the man of integrity I always knew in my heart that he is. my husband has spoken to him at length over the phone and he's truly legit. ANY pain I brought on him by my concern that something was wrong or had happened to him I profoundly apologize for...I never meant to do anything but try to understand what might have happened to him and try to make sure he was/is OK. Please forgive any hurt I may have brought onto anyone while exploring and trying to locate devries...including to devries himself. I knew in my heart you were trustworthy, I just worried when I couldn't find you. Thanks for coming back!

 

[hjns]

At least this is a good story... don't delete.

To the OP: you may want to edit your first post and the header of this thread with some line or something else that outlines that this case is resolved in the most positive way.

 

[lifereinspired]

Mods, please delete this thread. Devries has made everything right and doesn't deserve this thread haunting him when he's been a greatly valued member of these forums. Thanks so much.

 

[Hillhater]

Yes, it should be deleted.
Too much false suspicion and conjecture against an innocent individual.

 

[deVries]

Yes, it should be deleted.
Too much false suspicion and conjecture against an innocent individual.

Thanks Hillhater for stepping up to say this. I appreciate it very much...

FYI read this:

Rachel Resolution... Done.

Sent: Thu Aug 22, 2013 9:19 am
From: deVries
To: Ypedal bigmoose lifereinspired

Hi Dave and Gaston,

CC: Rachel/lifereinspired

Just wanted to let you know that Rachel changed her mind about the bikes she bought for the project. Now, Rachel and her husband bought Tadpole trikes instead, as they feel safer riding these 3-wheel vs 2-wheel bikes.

I'll be shipping her the motor/wheel builds and all the parts she bought that can be re-purposed for the trikes. Controllers, lights, CA, etc.

Her two bikes I will sell locally for her, so she will get the money back for those bikes.

In hindsight, it's a very good thing I never did build these ebikes, because they found out 2-wheel bikes are too unsafe for Rachel and Steven. They thought better of it after riding 2-wheel bikes without the ebike loads to practice on and realized they had made a big mistake. Then she came-up with the trike ideas, and so this has really worked out well for all concerned. They could only get these trikes just very recently, so, really, they don't now have to wait for the ebike parts from overseas. Everything is ready for them now!

All is well that ends well in this case...

Dean

P.S.
Btw, I'll be sending Will his refund next week for his A123 cells, so now everyone is made whole but me!

 

[Chalo]

I'm really glad to see that this situation is working itself out, in whatever real-world version of a satisfactory conclusion we are ever likely to see.

It makes me give thanks for my life, my health, and my ability to meet what meager commitments I have. I hope I can make good on my standing offer to help the folks in question within the limits of my ability.

 

[hjns]

Yes, it should be deleted.
Too much false suspicion and conjecture against an innocent individual.

Thanks Hillhater for stepping up to say this. I appreciate it very much...

I am just another ES reader here. If you feel that this thread provides too much false suspicion and conjecture against you, I will fully support to have the mods delete this thread. However, let me just share my point of view:

It is sad, but real life, that sometimes something happens that completely changes your world. If I get hit by a train, and remain unconscious for another 3 months, I will have quite some unfinished business and some people may be very emotional, if only because of the lack of communication. It is only a normal human reaction that some of these emotions are negative, including being angry, suspicious, etc.

However, if then things get resolved, because the person is back on this earth and sets things right, I (and obviously others as well) are very happy that things turned out the right way. Some people say that the only way to really appreciate happiness is if you also have gone through a period of unhappiness. I see this thread the same way. When I read it, again, only as just another ES reader, I felt angry and suspicious at first. However, after the last posts, I also was happy that my initial negative feelings were unjustified, and that things turned out all right. And the one who sets things right also deserves the credit for setting thing right. That is my main reason for stating to not delete this thread.

Again, if you feel that this thread provides too much false suspicion and conjecture against you, and if you feel that this damages your reputation or good name, I will fully support to have the mods delete this thread.

To the OP, I really would like to see your e-trikes!! This is ES after all

 

[deVries]

Yes, it should be deleted.
Too much false suspicion and conjecture against an innocent individual.

Thanks Hillhater for stepping up to say this. I appreciate it very much...

I am just another ES reader here. If you feel that this thread provides too much false suspicion and conjecture against you, I will fully support to have the mods delete this thread. However, let me just share my point of view:

It is sad, but real life, that sometimes something happens that completely changes your world. If I get hit by a train, and remain unconscious for another 3 months, I will have quite some unfinished business and some people may be very emotional, if only because of the lack of communication. It is only a normal human reaction that some of these emotions are negative, including being angry, suspicious, etc.

However, if then things get resolved, because the person is back on this earth and sets things right, I (and obviously others as well) are very happy that things turned out the right way. Some people say that the only way to really appreciate happiness is if you also have gone through a period of unhappiness. I see this thread the same way. When I read it, again, only as just another ES reader, I felt angry and suspicious at first. However, after the last posts, I also was happy that my initial negative feelings were unjustified, and that things turned out all right. And the one who sets things right also deserves the credit for setting thing right. That is my main reason for stating to not delete this thread.

Again, if you feel that this thread provides too much false suspicion and conjecture against you, and if you feel that this damages your reputation or good name, I will fully support to have the mods delete this thread.

To the OP, I really would like to see your e-trikes!! This is ES after all

Thanks for your post. I see it from both sides too. I agree with you too.

At this point it does not matter to me. Rachel altered a couple of posts to her credit at my request, so it's more fair with less speculation that lead down alleyways.

 

[deVries]

I was the first person to do a paypal case for that group buy. It seems like anyone who did got their money back , but others who paid another way were screwed.

Ohzee, YOU definitely were NOT a person to do a PayPal case for my group buy. If you told the investigator that, then you provided completely false information. If you were being deceptive, then that is a crime!

You certainly did NOT tell the truth in this thread from the quote above. Furthermore, without a shred of evidence you have called me a thief in another thread (see below). YOU need to edit that out, because you are willfully lying! You're just a stone thrower without a shred of evidence.

[...] re: the group buy thief.

Personally I wish you'd go back to the hole you had been in the last 6 months, but
Ill make do with the ignore feature from now on.

Btw, you wrote that above with FULL KNOWLEDGE everyone was paid back or being paid back. You were sent a PM directly from me at least a week before you wrote your comments just above. You could have read the failed Group Buy thread for my updated post there too. So, what's even worse about your character flaws is I tried to clear this up with you PRIVATELY well over a week ago by PM. You simply ignored the PM and never replied. You're just being a troll...

There were ONLY 3 other people besides Rachel and myself in that group buy. YOU Ohzee were never a part of it. One person was refunded by PayPal in 2012. I did not dispute that refund. One person was refunded by CC in 2012. I did not dispute that refund. I refunded in full the 3rd person Will $936.00 dollars -personally! Rachel & I have worked out the refund for her too.

As you were already clearly aware, I told you no one lost any money in my failed Group Buy except me! I am the only one hurt financially, and not anyone else. Of course, I will 'never' ever do a Group Buy again. It's far too risky buying from China, unless you can "qualify" the seller as completely safe, etc. Buying reject A123 cells from China was never "safe", since those cells were either stolen and/or rejects too. I know this on excellent inside knowledge learned in 2013 that all these cells/modules were actually stolen and shipped to China, but I cannot reveal my good source.

I made a 'huge mistake' to have ever got involved buying that kind of 3rd party crap-deals. My bad for being naive and not being able to refund everyone immediately, that sucks, but plenty of other so called experts on ES have lost money from China too. Plenty more will also lose money again too.

I have successfully purchased from two sources multiple times in mainland China with good results, so I have a 100% success rate when not buying A123 20Ah cells. The two A123 20Ah sources both failed for different reasons. I won't be sourcing those cells ever again from China.