Ugh, I hate to come across this message now. I'm in a similar situation - talked to Marcus for weeks about exactly what I wanted, finally paid for mine in early June. Its been the same thing since then - horrible communication, every time we do talk it's 'going to be finished this weekend'. I even sent him my BCS controller that I had bought myself so that he could flash the firmware with a custom one from BCS. Stupid on my part, I'm already counting that as completely lost.
I'm going to file with the Texas AG, BBB and my bank. I paid through PayPal but their buyer protection only lasts for 45 days after purchase. So I'm going to start a claim with my bank and see how far that gets me. Any suggestions from other people who are dealing with their banks right now?
I called Paypal and spoke to a representative about my case, explaining that I was in communication with Marcus during the timespan and was getting the run around. He stopped the automatic closing of my complaint because of the 45 day limit and reopened the case. They credited my credit card back after about 2 weeks. So it's worth a call to Paypal to see if they'll do this for you as well.
Two weeks later he sent me a UPS package with a check for the full amount. Of course it bounced.
The Texas legislature has enacted serious laws in regards to writing bad checks in the state. In Texas, a bad check usually entails writing a check for an amount that you know is greater than the amount in the checking account. Other types of bad checks are those written against an account that was closed, never existed or that you are not authorized to use. Fraudulently spending money you do not have is a serious offense.
Criminal Penalties
In Texas, bad check writers can be subject to criminal penalties. The bad check writer can be sentenced to up to two years in county jail or be fined up to $1,000. For multiple offenses, the jail term can be extended by the court. The offender must also pay the original amount for which the bad check was written, and can be required to pay any expenses incurred by the recipient of the bad check, such as legal fees.
Notice Requirements
The recipient of a bad check is obligated to inform the bad check writer of the offense. According to Texas law, there are several accepted means for notifying the bad check writer. The recipient of the bad check can send notification by first-class mail, registered letter or certified letter with return receipt. The communication must clearly state the grievance and contain the recipient's return address on the envelope. The cost of sending the letter can be passed from the sender to the recipient, as part of the recipient's expenses.
Filing a Complaint
If you receive a bad check in Texas, you can file an official complaint. If you receive a bad check for more than $20, you can file your complaint with the local district attorney. If you receive a bad check for more than $500, you are required to file the complaint with the district attorney, unless the check was written to pay rent. Bad rent check complaints need to be filed through your local justice court.
Penalties in Texas
- Committing check fraud in Texas is considered a criminal offense. According to The Law Offices of RJ Atkinson LLC, in Texas it is a misdemeanor to write a bad check for under $50. Writing a bad check for more than $50 is a felony. Penalties start with jail time up to two years and $1,000 fines. Penalties may be as severe as up to 10 years in jail. The holder of the bad check can also charge the criminal with processing fees.
Thats why I buy everything through a credit card. At the very least, they are good about refunding your money, and then letting them chase getting their money back. Lots of reasons to complain about CC companies, but this is the reason I'm OK with them. (But I've gotten like 8 charges refunded...once because the Spearmint Rhino in Vegas tried to double charge me. Just because I couldn't see doesn't mean they need to charge me twice!)
Good luck getting your $$ back, and thanks for letting others know to stay away.
I finally received a response, from Marcus' wife saying he has been in and out of the hospital for the past couple weeks. Hopefully he'll be okay.
SwampassJ said:I am a Nigerian prince in need of your aid.
HarkinBanks said:Thanks for this post, it saved my day. I just placed an order today for his electric stand for $275 delivered. I can't beat that price. Marcus told me it will be made and shipped next week.
Malric said:Any issues using the flask on an electric stove? I thought you had to insulate by using a a pot of water.
urbangravity said:I bought a SS totally equipped single tier rig from Marcus that was damaged in transit. Not only did he have it picked up, repaired and sent back at no additional cost, the thing was half the price of other builders or retailers. I ordered it with the BCS controller, longer length (72"), pump switches and mounts, chiller mount and LP tank rack. Yes, his order time/ship process is a bit unnerving and I saw the posts about the horror stories other had, but I spoke to him, brought up the issues beforehand and just moved forward. The only recommendation I will make is, if you're buying the automated system, get it priced with metal conduit not PVC housing. It will melt with the heat of the 10" banjos. Nice guy and I wanted to support a fellow brewer. I got more than my money's worth.
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