Sithcamaro (Toby Markham) sales issues

just read the email chain. i'll assume it is an accurate account and, if so, it certainly does not bode well for toby's business ethics. shame shame shame. i would go on, but my gut feeling is anything i write won't have any positive influence over toby's future business dealings...and in the end, that should be the desired and hoped for resolution.

i will add that i found it rather snarky that he would, after all his delays, come back at you with a final stab and say he sent helmet but since you didn't respond to his question about being a dr who fan, he denied you the extra bonus cyber helmet.

you wait over 6 months for your item that is promised to be a week away more than once, he appears to have sold/delivered similar helmets to other customers even though your order appears to have been made before theirs, you miss the main event for which you ordered the helmet, and then he has the nerve to say he was gonna throw in something extra if only you had answered his question.

what a tool.
 
We received the helmet....

Badly packaged, broken, and poorly finished.

Have emailed pictures to Toby once again requesting a refund, as this is unacceptable and not fit for purpose in the slightest. One of the horns is completely snapped off.

Will keep people updated on what happens next. To say we are disappointed is a complete and utter understatement.
 
Wes: Thanks. I will do that once we've received our response from him. This is basically our final opportunity for him to do the right thing. Otherwise, we're going to have to find out what legal action we can take in this instance to try and reclaim my partners money.
 
KellyJane said:
Wes: Thanks. I will do that once we've received our response from him. This is basically our final opportunity for him to do the right thing. Otherwise, we're going to have to find out what legal action we can take in this instance to try and reclaim my partners money.
Click to expand...

That is exactly what needs to happen... Legal action!! Too many of these guys get away with this time and time again because no one wants to take the legal route. They know they will keep getting away with it because they always do. But maybe if they get in trouble legally just once, they will think twice down the line. Best of luck sorting this mess out.
 
Legal action? The first person that tries it will end up getting themselves in trouble. Your buying stolen intellectual property. The cops will not like you anymore then the thief selling it.
 
Zombie Killer said:
Legal action? The first person that tries it will end up getting themselves in trouble. Your buying stolen intellectual property. The cops will not like you anymore then the thief selling it.
Click to expand...

It's that mode of thinking that these people bank on. They know you are afraid to come forward.
 
You just play dumb. "They stole my money... What? They don't have a license to sell that stuff? I didn't know... I want my refund!"
 
:rolleyes Oh Please! :rolleyes

Actually quite a few have taken their cases to the police and have had restitution



Zombie Killer said:
Legal action? The first person that tries it will end up getting themselves in trouble. Your buying stolen intellectual property. The cops will not like you anymore then the thief selling it.
Click to expand...
 
Don't be afraid to go to the police. They don't really care about the rights as much as the theft/fraud. I was part of a group that was conned in a run of TK armor a while back. Too bad for the loser was that one of the people in the run was a Police Detective. After a few phone calls and a written summons on Interstate Fraud all the armor suits showed up!

Just be sure if you are willing to threaten legal action then you have to follow through on it or be called on your bluff.

Good Luck with this piece of work.
 
I have no dog in this fight, but I think people throw around "legal action" a little too loosley. Yeah, I hate to be the wet blanket here but what do most consider "legal action"? Obviously you're not going to retain an attorney for 500.00 to recover funds on a 300.00 prop. I suppose you could inform the police, however, they also have to weigh in the amount of manpower and cost involved in investigating and proceeding with legal action to make it worth their while. It's simply not worth it to pursue, and most scammers know this. (this is not fact, just what I seem to observe in these cases)
So what to do? Usually peer pressure and threatening their reputation yeilds some results but if they figure their rep is ruined anyway, they just won't care. Again, no real help.
I think in this case, from what I recall, Toby is HEAVY into this hobby of costuming. Confronting him at a number of conventions that he attends face-to-face may be the best solution here. He may just refund you on the spot out of shame.
 
Funkyjedi - Toby is in the USA, my partner and i are in the UK. Trying to speak to him face to face just isn't possible, otherwise we would do so.

As for legal action... What other option so you suggest? Shrug our shoulders and accept the loss of $400 (the total for the helmet and shipping)? We cannot afford to lose that kind of money. We have no idea what the process for legal action would be against someone residing in the states (especially since the USA doesn't have the Distance Skilling Regulations that the UK does), but we've already been offered legal advice from a solicitor should we need to pursue it.

We don't WANT to do it. At all. All we want is our refund, and for this whole thing to be over. We have our fingers crossed that Toby will pull through and issue the refund. We have even offered to ship the helmet back at our expense.
 
Another casualty here, checking in.

Still no Loki scepter since August. Just a series of non-replied messages and ONE bullsh*t excuse about it being sent to the wrong address.

$450 I'll never see again. Kind of a big deal now that I'm presently unemployed.
 
I haven't bought from him since he sent me a WAYYY oversized Sweeney Todd vest and never repaired or returned it. After a year of waiting I asked for my money back.

I thought it was just me but this looks like a regular occurrence.

His work isn't worth the fuss anyhow.
 
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