OK. I'm sure I will have to add more to this as questions arise. Here are the basics, I've read this persons posts here for years and has been helpful in giving advice in the matters of the analog realm. I was uncomfortable doing a mix & master on my bands EP so I asked him if he would be willing to take on this project. We agreed on price and I told him at that time I was apprehensive on doing business with people because it seemed like most don't keep their word on anything anymore. I had posted some time before I had a Tascam 32 I was interested in selling and was asked if I might be willing to trade the deck for the mix & master. I agreed and sent the deck through UPS. I had $350.00 to $400.00 in the deck. So I paid about $50.00 for shipping to his place (I understand shipping is my responsibility.) Tapes sent $15.00. Tape deck needed parts and since he got the deck in trade for mix & master services I paid the $106.00 for parts. My master tape was about $80.00 My original Tascam ½ inch reel about $80.00 to $100.00 And then I filed a claim with Paypal after I sent him $10.00 for shipping that never happened toward the end of all this once he claimed the work was completed. And the countless $$ lost by not having the cd’s to sell at our shows. We needed the product back by June 4th for a big show. This is a 5 song EP, really 4 songs and an 1 minute interlude song. Sent the tape out 4/4/2011 Originally I was informed that it might be cutting it close but should have it in time. Then I booked the band for a show on 5/6/2011 and asked if he thought the EP would be done so we could sell the cd's at the show. For time purposes I’ll FF to the email where I comprised most of our previous emails to convey why I was distrusting his actions, or in this case inactions.
This email was dated 7/11/2011 to him,
I've had enough of the games! Again, your placing the blame where it DOES NOT BELONG. Let me share a few facts, as early as April 22/2011 you thought you were close enough to reach a deadline for having the EP done for our first show on May 6th. 1st deadline missed. Tuesday, May 03, 2011 "The good news is I think that hard part is over. I'm really trying for ASAP hopefully this weekend. But so far all the songs are great. A little more work than I had planned, but that's ok. I don't mind. I'll send you a note or give you a call the moment The master CD is burned." 2nd deadline missed. May 13, 2011, "I got sick again with a lower and upper respiratory infection and I'm on antibiotics for that. It effected my hearing temporarily, which slowed me down a little. I'm working through it though and things are going well. I should be able to get this to you early in the week I hope. If your keeping score that was the 3rd deadline missed. On May 22, 2011 I wrote asking if the EP would be ready for the festival on June 4th. Again your response, dated May 24, 2011 was, "Yeah, I'll be working trying to get this last part done now that my sinuses are better and I can hear good again. I should be able to get the master CD to you in advance of June 4 so you can make copies." That was deadline # 4. June 06, 2011, "Anyway, things are going well as I'm wrapping things up, but most likely have to finish up tomorrow. I'll call tomorrow earlier." Deadline # 5 is missed. At this time I'll add in another delay from June 08 2011, the ol' CD burner stops working. That could have happened so I did not add that to the number of missed deadlines. Here is another gem for us to revisit, June 15, 2011, "I should have the CDs off tomorrow. Everything seems good. I had to redo quite a bit and then carefully listen to the whole thing for any errors. Everything sounds good. I'll send you a note tomorrow when I ship them off. I'll pack up the tapes and send them the next day." Deadline # 6 comes and goes. After almost a week no CD's Hope your enjoying this because it Just gets more strange from this point. June 18, 2011 Your no longer happy with the CD's you reportedly had done previously so you decided to rework some things and then send both sets of cd"s. That didn't work out either. Amazingly the CD's didn't make it to my place. July 1st to today July 11th I have received nothing. 1 mistake from the Post Office is possible but 2 packages and 2 different Post Offices loosing or damaging a package is not likely to happen. Now that parts out of the way, lets visit the suggestions of overnighting the packages shall we?
June 03, 2011 was the first time I suggest to overnight the reel and cd's
June 15th 2011 you decided to send two packages, 1 with the CD's and the next with the reels.June 15th 2011
I'll pack up the tapes and send them the next day."
June 18, 2011, "So I will send the reels together next and another version of the mix on CD," Obviously since you were advised not to send the tapes until the PayPal issue is resolved you didn't follow through with that either. I do not wish to use my time and resources going to court and writing letters. I want my reels and CD's after that you can go you way and I'll go mine. I don't think that's too much to ask. I have always kept my word when it came to follow up calls and emails. When it came to making payments I was on the ball with that as well. I want nothing else then what was promised me. As before, if you send ALL items UPS overnight I WILL pay for it. That has NEVER been an issue. My character should not be in question. I paid for a service that has not been fulfilled up to this this point. That's it. I AM DONE.
His response dated 7/12/2011
Ed, After reading this I can see you appear to be sincere even if we disagree about some of the particulars. For a while there I was a bit afraid that you had planned all along to have me do the job and then want the reel-to-reel back anyway. Things got pretty confusing to me and I didn't know what to think. So in the spirit of good will I'll send the tapes on my dime. The post office is in the middle of a search, which they say can take a couple weeks or more. I was also told today by USPS that the fact that I used the same tracking number may have caused a problem. But they allowed me to do it so I didn't know any of this until after the fact. I regret the confusion, misunderstands and inconvenience. USPS assures me the CDs will show up, but I'm going to send the reels and another CD anyway ASAP and don't worry about reimbursing me. I'll file a claim with USPS for the other package if they can't locate it to get my shipping cost back.
For the record I was indeed sick... three rounds of antibiotics and my ears were no good. And for the record I had a lot of trouble with this tape... from the dbx being out of spec on your machine and having to recalibrate my deck for your tape, to overly hot levels, splices that came apart and about everything that can go wrong that you hope doesn't. This wasn't a routine job. I hope someday when the hard feelings pass you will appreciate all the work I did. My biggest mistake was underestimating the time it would take with the difficulties I was running into. Although we had no contractual deadlines I was as anxious as you were to get the job done ASAP.
His email dated 7/13/2011
Hi Ed, Just a quick update. I'll be sending the tapes and CD most likely tomorrow, but possibly Friday because I have to wait for a check to clear I just deposited to my bank. The funds aren't available yet. Unfortunately my paypal account is frozen with a negative balance because of the dispute and claim, so I can't use it to purchase and print a label at the moment. They say I need to transfer money to paypal, but that can take 3 to 4 days to transfer from my bank, so it looks like I may be sending the tapes the old fashioned way by purchasing the label in person at UPS. Just wanted to keep you updated so you wouldn't worry. The PO has also initiated a search for the package with the CDs. The way things are going I have a feeling the tapes and extra master CD will get to you before that original package does. But anyway the search confirmation number is _______
Mind you the first promiss to have the cd’s sent out was the last part of April. The 22nd to be exact. After the last email I didn’t hear a word from him until 7/23/2011
Ed, I saw your post on the recording forum. There has been no theft. My work is done and your tapes and CDs will be in your hands. You're conduct has been bizarre from the start, but this is getting ridiculous. You have already caused distress to me with your harassing disposition and threats to come to my house. If you speak my name I will sue you until I own whatever you have that's worth anything. You need to man up and consider the fact that you don't know what the hell you're doing or talking about... you know nothing and that has been the problem from the beginning. How would you like me to present my side of the story from the beginning with your emails to me. I have not even presented them to you as you have me. How would you like to see it written out from in your words from my perspective. I didn't take the time to do that because I want to be done with this and you. If you take your psychotic perspective out into the pubic forum I will file a lawsuit immediately. Even though if I did tell my side those people know me and you would look like a raving lunatic to them. However I know better than to speak your name on the public forum or to share private emails. I will also bring charges under federal Internet laws that govern Internet defamation of character if you do such a foolish thing. You will have to come here in the Federal Courthouse in _____ where I will file. You should really stop, or are you losing your mind? If you put me through any more hassle I'm not walking away from this. If I have to suffer your delusions and anger problems which you obviously had long before you met me I'm going to get something out of it legally speaking. You best talk to a lawyer... and a doctor my friend. My degree is in Psychology. I don't know who let you down so big time in your life, but you were talking about that when we first began talking about the mastering and trade. That should have been a red flag for me. Don't you think you should wonder why you feel everyone is letting you down or ripping you off. The one person that's always there in those situations is you. If you have anyone at all around you that's observant at all I have a felling someone has talked to you about this before... family, friends, employers? You're out of control and about to learn a hard lesson if you don't leave me alone. Have you misinterpreted my softness in dealing with your ranting perhaps? I'm calm and patient, but there is a line you can cross that will have me hounding you with every legal means at my disposal. Don't force my hand.
A few minutes later he sent another email
You should know you froze my paypal account when you filed that complaint, which paypal does as routine. I could not use it at all! I couldn't use it for ebay or anything including postage until I transferred funds from my bank account, which took several days to complete. It doesn't go right in. I don't have unlimited resources to deal with all this stuff. I don't care about that ten dollars. That seemed a vengeful trivial thing for you to do for ten bucks. I'll get it back from the post office, but it delayed things even further.
I know this is a very rough compilation of FACTS, but again I wanted to present the basics. Through it all I have kept my end of the deal. It is not too much to ask for him to send the finished product to me if he indeed is done with the task at hand. His PayPal account might be frozen, however he could physically go to his bank and withdraw the money and send the items he agreed to send. Even if he couldn’t access his PP account he has emails with my address. As of this post I still have a bunch of broken prommises and no cd’s or reels. WHY??????? He mentioned he would compile all my emails and post them and it will go something like this, I know the tracks may have a lot of mistakes but do the best you can do. Since this is my first attempt at a pro recording I know it could have been better. Then escalating to, do you know when you’ll be done, to, I thought it was going to be done and sent off by ___ dates. To the person in question, I welcome any reaction or rebuttal that you can throw my way. I still ask and will require an answer that you have avoided for months now, WHERE IS MY STUFF???????????? WHY DO I NOT HAVE THE THINGS THAT I HAVE PAID FOR???????????
Even if the raw tracks turned out to be the worst thing in the world and I hounded him 400,000,0000 times a day I still have nothing. For the record, I did not threaten him in any way. I emailed him giving him the options I had at the time and that was to 1, have him send everything back, 2 wait for days, weeks, months, & years for a package to arrive at my door, 3( and this is a quote from an email I sent dated 7/24/2011) “ drive 4 hours to pick up the reels and discs” (OOOO, I’m making threats to pick up what is mine. I’m such a horrible person for wanting what I paid for.) If you do decide to post here on the forum you will be revealing your identity not me. You can say anything you want but even your last email is plagued with more stall tactics and delays. Before you post any of the specifics from your convoluted point of view just do me one favor and answer the questions I have posed. BRING IT ON,,, BRING IT ON!!!!!!!!!!!!!!!
