Ripped off by a triathlete/cyclist in Corpus Christi area. Advice?

[cyclisteaux]

Need advice on this. I've exhausted all other ways of settling this since the buyer of my expensive TT bike has not replied to repeated voicemails, texts and emails addressing his bounced checks for balance on the bike he bought from me. Admittedly I trusted the guy and took a $3500 deposit, but he still owes me $2000 which is still a fair chunk of change.

Being over 2000 miles away, I can't sue him in small claims court so I'm seeking your help. Any advice is appreciated.

Edit: He is from Corpus Christi.

[10 Wheels]

Why do you have Austin in the title?

[cyclisteaux]

Sorry, I forgot where he was from. He mentioned Austin in our conversations, but I shipped the bike to his Corpus Christi address. The "edit" feature doesn't allow me to change the title.

Why do you have Austin in the title?

[texbiker]

Contact the county attorney about the bounced checks. The sheriff might be able to collect before the guy gets a warrant for the bounced checks.

[cgjane]

Look up the local PD in his address and ask to speak to the Fraud Division. It might take a few calls. But first find out the Detective's name. SO you can keep calling that detective until you can explain and prove to him what that the buyer did.

Good luck.

[cyclisteaux]

Thanks for the good advice. I have to admit that it is my fault for trusting him. But the triathlon/cycling brotherhood/sisterhood bond is fairly small and tight so why would a fellow triathlete/cyclist risk his reputation over $2000 bucks? Pretty sad.

I guess it's a lesson to be learned. In any case, the bike is very unique. It is a 2010 Cervelo P4 (54cm) with Zipp VumaChrono crankset (carbon), Shimano Pro Missile Drop aerobars and Zipp 101 wheels. It has full Dura Ace Di2. I consider it a stolen bike so if you see it, please contact authorities. I have all the emails and bounced checks as evidence.

If you think it will help to post the crook's name and address, I will do so.

[MMACH 5]

Back in the day, I remember having to do this for my employer. It only works with NSF checks and only after attempting to deposit it twice (i.e. - you can't do it with a canceled check).
If the check is written from a chain bank (BoA, Chase, etc.) you can contact a branch in your area and with his signed check, monitor his account until it has the funds to cover it. Then cash it. You will probably have to do it in person, at the bank.

[cyclisteaux]

The sad thing is that he is in the Navy and I felt obligated to extend him credit for serving our country. Sounds naive, but so be it. His checks were drawn from the Naval Credit Union. I'll look into that....thank you.

[js1221]

The sad thing is that he is in the Navy and I felt obligated to extend him credit for serving our country. Sounds naive, but so be it. His checks were drawn from the Naval Credit Union. I'll look into that....thank you.

If he is active duty military then contact his commander (if you know where he is assigned) or you can contact the Judge Advocate General as the installation. The military takes a very dim view of fraud and NSF checks.

[cyclisteaux]

Wow. Can't believe the stupidity and brazen criminality of a fellow cyclist. He's posted my bike for sale on Slowtwitch:

http://forum.slowtwitch.com/gforum.c...=unread#unread

Along with his photo!!!

[Sixty Fiver]

Wow. Can't believe the stupidity and brazen criminality of a fellow cyclist. He's posted my bike for sale on Slowtwitch:

http://forum.slowtwitch.com/gforum.c...=unread#unread

Along with his photo!!!

Can you post there and inform folks that the bike is stolen ?

I bet that will get some attention as long as you can back up all your claims.

[Sixty Fiver]

I see you have posted to the message board there...

[cyclisteaux]

Yes, I just responded on ST. I have all the emails and evidence.

Can you post there and inform folks that the bike is stolen ?

I bet that will get some attention as long as you can back up all your claims.

[cyclisteaux]

chris ewart p4.jpgchris ewart.jpgHere are photos that he posted on Slowtwitch. DO NOT BUY THIS STOLEN BIKE. The owner of ST has been gracious in helping me get my money back, but the thief is lying and denying owing me money even though I have all the written evidence. I am pursuing criminal charges, however, it is difficult since I live in Hawaii. Don't know who to contact at the Navy since now I'm not even sure he was truthful in telling me about his Navy job.

[cyclisteaux]

Oh man, this guy is dumber than I thought. Check out his email I just received.

He admits he "stopped payment" on the checks but refused to contact me about this or even answer my many emails or voicemails? What a bunch of bs. Now he's willing to return the bike after i send him money? This is like throwing good money after bad.

His statement about the bike being "not as represented" has no bearing since i sold it as is and he agreed to buy it. His whole email is self-incriminating and he tries to justify ripping me off. He also mentions that "the bike was not as you represented, nowhere near the price you wanted to charge me for" yet in his own ad listing the bike for sale he states that is in "excellent" condition. I also have an email from him saying the bike was fine after he received it.

This guy is a pathological liar and conman oblivious to all his lies. Lucky for me he's so dumb and everytime he emails it serves as further self-incrimination. My lawyer buddies are laughing at how stupid he is and are all ready to lower the boom on this crook.

---

Date: Fri, 4 May 2012 16:54:47 -0500
Subject:
From: chris.ewart732@XXXXXXXXT
To: dXXXX@hotmail.com

Dave,
Your onslaught is slanderous and defaming in nature. I have done nothing to warrant this, the checks did not bounce I placed a stop payment on a series of checks because my ex girlfriend had taken off with my checkbook. I was out of town and unable to access communication. You have threatened me and engaged in degrading tactics. Additionally the bike was not as you represented, nowhere near the price you wanted to charge me for. Needless to say I am not happy with the bike nor your slanderous assault that has preceded it. I will GLADLY ship the bike back to you at my expense when you refund me the money I sent to you via paypal. Please provide a return address to ship this to.

Chris

[longbeachgary]

Oh man, this guy is dumber than I thought. Check out his email I just received.

He admits he "stopped payment" on the checks but refused to contact me about this or even answer my many emails or voicemails? What a bunch of bs. Now he's willing to return the bike after i send him money? This is like throwing good money after bad.

His statement about the bike being "not as represented" has no bearing since i sold it as is and he agreed to buy it. His whole email is self-incriminating and he tries to justify ripping me off.

---

Date: Fri, 4 May 2012 16:54:47 -0500
Subject:
From: chris.ewart732@XXXXXXXXT
To: dXXXX@hotmail.com

Dave,
Your onslaught is slanderous and defaming in nature. I have done nothing to warrant this, the checks did not bounce I placed a stop payment on a series of checks because my ex girlfriend had taken off with my checkbook. I was out of town and unable to access communication. You have threatened me and engaged in degrading tactics. Additionally the bike was not as you represented, nowhere near the price you wanted to charge me for. Needless to say I am not happy with the bike nor your slanderous assault that has preceded it. I will GLADLY ship the bike back to you at my expense when you refund me the money I sent to you via paypal. Please provide a return address to ship this to.

Chris

I agree that you need to contact the Navy. Start somewhere - anywhere and work from there. JAG is probably a good start.

[adefeatedman]

In some jurisdictions, a dishonored check is a misdemeanor. Even if the bike wasn't as described, he shouldn't have stopped payment. A naked accusation that the bike "isn't as described" is insufficient. As said before, contact the Navy and try and get an ID on this guy. You have his bank information, so a subpoena can be used to get his personal info. It will likely require you to lawyer up as you guys will continue to be in this stalemate as he asks for a refund, and you ask for the bike.

[js1221]

Call the JAG office at Pearl Harbor and tell them what happened, advise them that this guy identified himself as a member of the US Navy and see if they can help you. At the very least they should be able to tell you if he actually is in the Navy. The phone number for the JAG office is (808) 473-4058.

[cyclisteaux]

Call the JAG office at Pearl Harbor and tell them what happened, advise them that this guy identified himself as a member of the US Navy and see if they can help you. At the very least they should be able to tell you if he actually is in the Navy. The phone number for the JAG office is (808) 473-4058.

I just called that number, but it appears to be the wrong one? In any case, I've contacted the Corpus Christi Police Dept and am waiting for a response. His intent was to rip me off. Why would he place an ad on Slowtwitch without any attempt to resolve it with me first? Clearly he only responded after pressure from others that recognize his criminal intent. And again, the bike was sold "as is" and is in excellent condition. He couldn't afford it and is struggling unsuccessfuly to justify his actions by bouncing checks and not coming clean.

Sorry, Chris, but you f**ked with the wrong guy.

[bigbossman]

As others have said, contact the local PD on his end, and send the detectives out. I did that once, and the money showed up jack-quick. Also, you might make an inquiry with the local FBI - wire fraud (which this might qualify for) is a federal beef and they might place a call on your behalf. I've seen guys get serious time for cheating people over the internet or phone line.

If you've got the goods on this guy, make the phone calls.

[cyclisteaux]

After a few emails were exchanged and I threatened to file a criminal complaint with the CCPD and US Navy, the thief has promised to ship my bike back to me. You guys have been great and I appreciate all your advice. I guess I'll know in a week or two if he's for real, but will let you know. Thank you all.

[adefeatedman]

Whatever you do, be civil with this guy. Last thing you want is this guy pointing to your commentary towards him, no matter how irrelevant. It always helps to look like the calm, civil one through it all. Good luck

[cyclisteaux]

Point well taken. It's difficult dealing with this when someone takes advantage of your good intentions, but I hear you. Thanks man.

Whatever you do, be civil with this guy. Last thing you want is this guy pointing to your commentary towards him, no matter how irrelevant. It always helps to look like the calm, civil one through it all. Good luck

[hrt4me]

status update? did you get your bike returned back to you (and if so, then was it in the same condition)?

[giantdefy3]

yea, what's the update. i can tell you i have not seen the bike local on group rides.