Deal gone bad with Darthchiro!

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Mxlplx

Sr Member
RPF PREMIUM MEMBER
I posted in the junkyard on 3-24-11 that I wanted to commission a sculpt.
After a few PM's, I had started dialogue with Darthchiro (Mark D[...]).
I wanted a Skele-gro bottle from Harry Potter. Referred him to an existing thread full of pics. A couple explanatory IM's back and forth on 3-24-11.

3-24-11 Darthchiro
That is pretty detailed. And you would want a resin cast of it? It would be around $600 for the sculpt , mold and cast.


3-25-11 Mxlplx
Here's a few detail requests:
1-I would want a removeable head and spine detail. Quite like a cork stopper type of application.

2-I assume this woud be easier to sculpt with the arms seperate, to be attached later. definately easier to mold in pieces.

3-This would be something that I would like to mold and sell copies of. Not sure if that makes a difference in your mind, but whated you to know my intent. I really want one, but the sale of them would definately help with the initial cost.

I'm in Michigan, so not too far away if something is needed.

Let me know your thoughts and we can move forward from there.

3-25-11 Darthchiro
ok, if you want to keep the molds it will be more than what quoted. Also not sure what you mean by removable spine? Does it come off the bottle as well as the cap?

you can check out other things I done at my photobucket.
http://smg.photobucket.com/albums/v252/darthchiro/"


At this time, 3-26-11, PM's turn into about an hour long phone conversation about details, props, and life in general. He said this would be very quick, possibly 2 weeks. I wanted to keep the molds so the price went up to $950.00. He also wanted this paid in 2 installments, which I couldn't do. So we agreed on 3 payments over a 6 week period, with pics and communication to follow.

3-26-11 Mxlplx
$300.00 deposit sent! By paypal as a gift!

4-1-11 Darthchiro
"I was messing around with the head sculpt but I'm not that far along. I can try to send a pic maybe Sunday when I get hm."

4-11-11 Darthchiro
"I started over with a different clay. I was using a hard clay but it was causing problems since it was hard to get it to stick to the bottle. Anyway I'm doing a little right now so i will see if i can get you a pic this week"

After nearly a month, no pics. (This was supposed to be a 2 week project, paid over 6 weeks)

4-20-11 Mxlplx
"I'm really not sure what is going on here. I have called, text, pm'ed, and emailed. I've gotten little response and no results. If you have no intention of following through please just return my deposit."

4-20-11 Darthchiro
"Here someing progress. I will be doinga new skull as this one is too big for the body so far "
DSC03974.jpg

DSC03975.jpg

DSC03976.jpg



4-22-11 Mxlplx
We took a family trip to Universal Orlando, went to the WWoHP and snapped more detailed pics of the Skele-gro bottle and sent them off.

4-25-11 Darthchiro
Hey great pics those will help thanks

4-29-11 Mxlplx
Just checking in, anything new you can share? Do you need more pics?
I have a few more, but sent you the best of them.

5-1-11 Darthchiro
I think those pics along with the others shoukd be enough. i'm in the middlwe of moving right now so i will get back to you next week

5-10-11 Mxlplx
I am in need of some measurements. I need to know what the width of he neck band is, as well as the length around the neck. The same goes for the body too. This is so I can get the graphics proportioned correctly.
If you can, send some more progress pics. I can also send some more cash along if this seems to be a hang up? I was just waiting for more progress to do so. We also never really set a timeframe, so to speak, for payment. Let me know how you would like to handle it. Personnally, I'd like to pay for progress!

5-11-11 Darthchiro
"I'll check later today, the band at the top still wasn't done so its only as thick as the cap at the moment. The clay was damaged during the move but the proportions won't change much so i can try to get the measurements at least."

5-19-11 Mxlplx
Mark can I get a progress update please. I would really like to take this commission to closure. Or I would like my deposit back.

5-19-11 Darthchiro
Well the body is pretty beat up but it would not take that long to fix if i can get a minute t o work on it. I can't find the head so it looks like I will need to resculpt it. I have a suit i am trying to finish that has been taking all my time, should be done by next week. I have the bottle here at my temporary place but like i siad all i have been doing is trying to finish tthis other suit. If i could i would just send back the money but I think the last time I got anything in was your deposit. I might have to sell off my shop stuff so I could probably get somehting back to you at that point, i will let you know

5-19-11 Mxlplx
I think this is best send me my deposit back.

5-19-11 Darthchiro
sure i agree, i'll let you know when i have it

5-19-11 Mxlplx

I would appreciate it if you would make a priority, as i sent immediate payment in good faith.

5-19-11 Darthchiro
i'm not trying to screw you, the fact the I dont have the 300 on hand is more a problem for me than it is for you.

Darthchiro stated a family member had passed and he was taking care of immediate finances. I have edited some of the correspondance to remove the reference out of respect.

5-19-11 Darthchiro
Well i suppose i should have filled you in before hand, I will do what i can, i will probably need to sell off my costume stuff, molds etc I will have the shop for at least a month since i paid first/ last when i leased it so i will try to finish up what i can and sell off the rest , at that point i can get your money as well. I have a few batman things laying around but the market for that stuff is dead, but iwill get the payment asap

5-28-11 Mxlplx
Any updates?

5-28-11 Darthchiro
Nothing yet

6-3-11 Mxlplx
Do you have any refund updates for me?
I am willing to take this in payments if that is helpful!
I'd like to get a time frame please!

6-3-11 Darthchiro
I'm hoping by the end of the month. I have a negative balance at the moment none of the furniture has sold yet either. I realize it's not your problem but i still owe. Several grand to the funeral home. So there Is nothing I can do this second. There is more to the story but again not your problem yu want your Money and I intend to get it

6-15-11 Mxlplx
We still on track for the end of the month?

6-15-11 Darthchiro
Still nothing coming in, I tried a few interest theads on the board and nothing can't give my **** away. Do you have a son? who happens ot like superheros? I can make a muscle suit kid sized, they go for 300 for the base suit ( also an interest thread on the board) if not its still going to take a bit

6-15-11 Mxlplx
I'm not really interested in a kids suit.
I'd really appreciate some sort of plan to get this to me asap.
I really don't like the "it's gonna take a bit" response.

6-15-11 Darthchiro
JOhn Ya I hear ya, I figured at least one of my threads would gererate some interest. I also have posted a bunch of furniture and nothing has sold to date. If you think its champagne and caviar here then your wrong. I realize you don't give a **** ,the money is the only that matters but Its not like I am avoiding you I have explained whats going on. I'm not sure what response you would like to see other than the truth.
There is the posibility of getting my paypal out of negative by the end of themonth. I should be able to give you partial payment by then. I will let you know

6-15-11 Mxlplx
I don't have a don't give a **** attitude. I think I've been very calm, through these past few months, with someone that has my money.
I feel for you and your situation, but you are correct, it is not my situation to worry about. I understand that you have explained to me what is going on, never said you didn't. I just asked for updates to our situation, as I asked for on day one, and I still get the same response. I see that you are trying to sell things, thats great! I hope it works for you.
Please keep me updated, as I will ask again by months end.

6-15-11 Darthchiro
Thats fine, I am not going to avoid you. I should have at least partial payment at the end of this month, or at least know when its coming. I will hopefully have good news for the next update.


6-27-11 Mxlplx
Any updates?

6-29-11 Mxlplx
Any updates?


7-1-11
So here we are, a little over 3 months later. No replies, no sculpt, no refund!


7-1-11 Darthchiro
Looks like a week from monday I should have something in paypal


7-11-11 Mxlplx
2:00pm EST
Any updates?

7-11-11 Darthchiro
8:30pm EST
I still have not recieved anything in my paypal. It should be within a weeks time and I can send partial payment of what i have.

7-18-11 Mxlplx
2:43pm EST
It has been a weeks time, are there any new updates to my refund?

7-18-11 Darthchiro
4:07pm EST
I'm wating on payment from an item i sent out ( iwas supposed to have payment before it left but now he is holding it until it arrives)when he gets it I will have partial refund. It should be there by thurday or friday since its only in new york.

7-22-11 Mxlplx
9:45am EST
Any updates?

7-22-11
4:45pm EST
I received a $50.00 paypal payment with a note that said partial refund, no other communication. $250.00 debt remains.

7-22-11 Mxlplx
3:24 pm EST
Marc, Thank you for the partial payment.
Do you have a timeframe as to when the rest will be coming?
Or is this turning into a payment plan of sorts?
You can understand my concern, as our level of communication has not improved over these past few months. Thank you, Jon

7-23-11 Darthchiro
10:52 am EST
everyones goit there hand out so when i can get some more i will send it your way

7-23-11 Dartchiro
6:21 pm EST
attitude? i see you like to post every word on the board, so I will tell you nothing more than when there a payment. What I owe you is the bottle. I realize hotshoit ruined you plan but that wasn't my problem. no date was set for this and until he posted his pics did you want more progress. YOu had to pay for disney and were in no hurry to finish it upo until you saw he wsa offering hius. So I will go back to the deal I will finish it for you, thats what I owe you.

7-29-11 Mxlplx
1:44 pm EST
Any refund updates for this week?

8-5-11 Mxlplx
1:19 pm EST
Any refund updates for this week?
 
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thegreatgalling

Master Member
Re: Deal gone bad!

Here are two new rules that even I am sluggish about living by, but would do us ALL some good:

1. Never send paypal as a gift. Period. To avoid 3.3%? 3 BUCKS PER HUNDRED? No sorry, I will cover fees thanks. Don't like it? Next.

2. If there was an agreement you would have the item before a month and a half's time, on the 44th day, a paypal claim is filed. Period. Don't like it? Don't make promises you can't keep. That is known where I come from as breach of contract.


I wish there was some way for paypal to put the funds in escroe. If the item is completed, the seller gets the money, and if not, the buyer does. It gets tricky when the seller is using the money to make the item, but even then, why should the buyer forgo all rights to file a claim on the 44th day? All parties should be held to the original agreement, and when things change, the NON breaching party should benefit.

Number two does not work when you know it will take months or longer for an item, only then is it caveat emptor.
 
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Qui-Gonzalez

Master Member
Re: Deal gone bad!

That's all well and good in hindsight, but it doesn't really help the guy out now with Chiro avoiding him. Forward it off to the Mods. Chiro has been here long enough to know better.
 

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Mxlplx

Sr Member
RPF PREMIUM MEMBER
Re: Deal gone bad!

Mods have been notified.

Not sure if this post helped, but just got an email stating-

7-1-11
Darthchiro - Looks like a week from monday I should have something in paypal.
 

thegreatgalling

Master Member
Re: Deal gone bad!

Your point is well taken QG - you're right- but this is about the 14th post like this this month. Someone needs to start the shaking and smacking and the yelling of "what's a matter with us?!"

And I make mistakes too, so I'm in the same boat.
 

outlander

Sr Member
Re: Deal gone bad!

I've made a couple mistakes like that here over the years.
Wolfmorgan got me and also Droidboy. Eventually got that
product. Then there was the time I loaned "Durasteal" my
Don Post $1,000.00 Boba Fett helmet. Eventually got that
back with a scratched visor but Myxlplkt and I had to offer
to drive down and pick it up before it got shipped. Wish that
was the extent of my gullibility here but sadly, there is more.
 

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Qui-Gonzalez

Master Member
Re: Deal gone bad!

Getting "Burned" at least once seems to be a step into "Old Timer" ville for members. I was not burned anywhere near as badly as some of you.
 

outlander

Sr Member
Re: Deal gone bad!

Getting "Burned" at least once seems to be a step into "Old Timer" ville for members. I was not burned anywhere near as badly as some of you.

You kids today, with your eBay Safe Harbor, your 45 day
PayPal windows and your damn rock and roll music!!! :lol
 

Hogosha

Well-Known Member
RPF PREMIUM MEMBER
Re: Deal gone bad!

I had a similar issue when I sent an item for repair to someone. He said it would be "no problem" and take a couple of weeks. When I finally got the item back, over 3 months later, the work was horrible, and the item was damaged. When I filed a complaint with PayPal, they said they would do nothing since it was past the time period to file. (Even though the transaction was not completed).

Long story short, since I paid for the PayPal with my American Express....AMEX opened a complaint, and after a few hoops, I got my money back.
 

Alan Castillo

Master Member
RPF PREMIUM MEMBER
Re: Deal gone bad!

Yes. American X is highly cool. I used them on Jim Latta
and Icons back in the bad old days. Got my cash back.


I'm never really unduly worried about having paid with PayPal and their silly 45 day time limit either.

I had asked my bank yonks ago about this, since I use my Visa for PayPal.

They had told me there is no hard and fast time-limit to make a claim through Visa, even if a year has gone by.

This is especially good, for example, with pre-order items, as they often go way beyond their target date.

A Credit Card company takes precedence, not PayPal.

For me, PayPal is just a 'safety tool' for not giving out card details to all and sundry.

Word of advice for all members - use a card for PayPal.
 

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madcat

Active Member
Re: Deal gone bad!

lol, this is probably the wrong place for Darthchiro
then. This is an insult, and Mxlplx 300$ is gone really is sad for a member to do that. I'm sure at that price was still over priced even from what I can see... you will find better sculpters more then enough interest even without Darthchiro ripping you off. lesson learned. hard one but.
The moving BS story should of set off red flags then it just got deeper and deeper.. even 20 $ come on something. oh and paypal dont care 45 days gone its gone. set rules been there done that.. I lost out big time..

sorry :thumbsdown

Oh here is one just saying 75$..1:1 scale..

http://www.google.de/imgres?imgurl=...age=1&ndsp=49&ved=1t:429,r:31,s:0&tx=99&ty=73
 
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Mxlplx

Sr Member
RPF PREMIUM MEMBER
Re: Deal gone bad!

All, Thanks for the great advice!
I've been on this board and many others well over 10 years, and have only been burned 1 other time for $100.00. Never got it back, paypal and all.

As far as getting Hotshots version, I am.
I had been in contact with Hotshot since day 1 of his project. Didn't want to interfere or step on toes by offering a similar product. Once my deal fell south, all of my research went directly into Hotshots thread. My pics, my research on Fonts, everything. The only regret I have was asking for help from Hinkypunk on the graphics, and then asking her to stop her work because this fell thru.

I can get over the money, but the principle really pisses me off!
 

Mxlplx

Sr Member
RPF PREMIUM MEMBER
Re: Deal gone bad!

Thread updated.
I was promised some sort of refund today, but as of 2:00 EST, no replies or refund!
 

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