The BRJ Black Friday Thread (Only for updates for/by customers.)[Ad Free]

[engage757]

"Needs to also understand?" This is what he understands .......... "I just want to swap for something to the same value or better", "I think he's back", "My guitar arrived with a big dirty scratch in it, but at this point, I don't really care, I'm just glad I got something", "I'm chasing him hard, and am right on his arse, and I told him, if he doesn't deliver, Legal action could be pursued!", (and this gem) "I LOVE HIS INSTRUMENTS AND THE MAN HIMSELF!" Is it any wonder that this shit just rolls on? Apparently it now has "become absurd". *NEWS FLASH*, that was 18+ months ago!

"He needs to understand how close he is to MAJOR legal repercussions. He should be reminded of this by everyone who speaks to him in my opinion". No, he is not close and probably will never be, as all the "talk" has reverted to NO ACTION as a whole group and with the addition of a couple of NGD's with imperfections and scratches etc, has re-enforced this yet again, with 80% of us taking the bait, with posts of enduring love for the man and a gullible appetite for the brief glimpses of hope. We here now are REALLY becoming the problem, not Bernie!

Seriously man? You didn't read anything? That's exactly what I said, just in a more readable manner. ANYONE that talks to him needs to be on his ass and remind him their are SERIOUS repercussions, not only from them, but the talk of a class action lawsuit.


And yes, close. Some people have apparently already filed suit against him. The biggest mistake made here was waiting this long and expecting a group to do it. Sometimes problems don't fix themselves. TAKE HIM TO COURT AND STOP BITCHING ON A FORUM. DON'T wait.

STOP waiting for someone else to do it for you. Just do it, by yourself. It's obvious that there won't be a class action, but he can be warned of the possibilities. Just file. It takes less than an hour.

 

[paddy]

slayercannibalsuffohead, engage757
Amen brothers, Amen.
And I bet his mental or whatever excuse, was just an excuse. That's what my money is on anyways.
I guess he's grinded people down so much that he manages to attract some sort of praise (out of desperation) now that he's showing signs of activity.

 

[MetalThrasher]

I'm just glad that some guitars are showing up! Anyone get a seven Vixen on the run? Mine has been totally paid for since Aug 2012 and from the look of the pics back in Aug it was almost ready. I hope I hear some news soon. Can someone PM Bernie's email.

 

[mcsalty]

as for the order of guitars being finished, i'd imagine he'd start by finishing the guitars that were closest to completion when he fell off the face of the earth before moving on to more incomplete builds.

 

[AwDeOh]

I guess he's grinded people down so much that he manages to attract some sort of praise (out of desperation) now that he's showing signs of activity.

I saw a dog on TV the other night that was getting little doggy choc-treats for doing crazy tricks like backflips.

My dog gets a small handful of treats when he manages not to shit inside.

 

[Hollowway]

I understand the thinking for those who say that a lawsuit should take place, but I also know that there are people on here who have looked into it, and its not as easy as it seems. Here's why:
1) A small claims court case is possible, but anything beyond is going to cost a good deal of money because of the (likely) need to hire a lawyer.
2) Small claims courts can't enforce payment - only render a judgement. Then you have to collect.
3) He is incorporated, so why he personally may be wealthy, you likely can't touch him.
4) If you do file a small claims court case then you'll have to go to his local court house for the trial.
5) If you do to for a full on court case and hire a lawyer, you may get one who gets paid on a contingency basis, but you'd likely have to interview a few lawyers to find one that is in the area and willing to take the case for what might not amount to a lot of money.

So it's not a super easy thing to do from a time, risk, money standpoint, unfortunately. I wouldn't discourage anyone from doing it, but I also don't think it's fair to say that we all should be doing it. Those of us that have $400 to $600 tied up are least likely to benefit from flying there and taking a day off work in the hopes that he'd even show up to argue the case (as opposed to losing by default but not paying up).
If anyone knows of anything legal that could be done that will have a high chance of payout or doesn't require a flight and car rental definitely post up so these guys with more money sunk in can consider it.

 

[Ben.Last]

slayercannibalsuffohead, engage757
Amen brothers, Amen.
And I bet his mental or whatever excuse, was just an excuse. That's what my money is on anyways.

That makes absolutely zero ....ing sense, but, by all means, continue with the conspiracy theories.

 

[slayercannibalsuffohead]

That makes absolutely zero ....ing sense, but, by all means, continue with the conspiracy theories.

This is why this shitstorm keeps happening for f$%ks sake! Jed Simon wanted to sell his BRJs after telling me that Bernie "....ed up"! I doubt Jed would of wanted to sell them if Bernie had a "mental" condition! And as for Merrow and Co, they all know more than us, and all want to sell their BRJ's, you just don't do that if "poor old Bernie" was diagnosed with mental issues. Lie after lie for 18 months, what more proof do really need. Congratulations on keeping Bernie where he is. BERNIE HAS NO "MENTAL" ISSUES. IT"S THE ONES THAT STILL BELIEVE IN HIM THAT DO!

 

[Ben.Last]

This is why this shitstorm keeps happening for f$%ks sake! Jed Simon wanted to sell his BRJs after telling me that Bernie "....ed up"! I doubt Jed would of wanted to sell them if Bernie had a "mental" condition! And as for Merrow and Co, they all know more than us, and all want to sell their BRJ's, you just don't do that if "poor old Bernie" was diagnosed with mental issues. Lie after lie for 18 months, what more proof do really need. Congratulations on keeping Bernie where he is. BERNIE HAS NO "MENTAL" ISSUES. IT"S THE ONES THAT STILL BELIEVE IN HIM THAT DO!

You miss the point entirely.

 

[Diggi]

LITERALLY - if I didn't refund my customer's order within a certain period of time after cancelation, my local law enforcement would be so far up my ass, I'd need to 8 tubes of Preparation H and a Johnnie Cockran to stop the pain.

Why in the HELL isn't his local law enforcement up his ass? If he committed FRAUD, and they KNEW it, they'd prosecute him themselves on behalf of the people of his county or city and those who've filed suit against him in that jurisdiction. Maybe the claim of mental illness prevents that from happening where his business is located, but I'd be on the phone asking the Hesperia police that question....

If you receive a guitar from him that is not 100% "right", send notification of such to him and demand a refund. Period. Don't stop your attempts to contact him. If YOU FAIL to do this, it's YOUR FAULT, not his.

 

[Ben.Last]

LITERALLY - if I didn't refund my customer's order within a certain period of time after cancelation, my local law enforcement would be so far up my ass, I'd need to 8 tubes of Preparation H and a Johnnie Cockran to stop the pain.

Why in the HELL isn't his local law enforcement up his ass? If he committed FRAUD, and they KNEW it, they'd prosecute him themselves on behalf of the people of his county or city and those who've filed suit against him in that jurisdiction. Maybe the claim of mental illness prevents that from happening where his business is located, but I'd be on the phone asking the Hesperia police that question.

Your profile doesn't say where you actually live, but I can almost guarantee that your local law enforcement wouldn't give two shits about something like this happening. even after an individual has won in small claims court, it is up to them to collect; they will receive zero help from law enforcement.

That what some of you seem to be ignoring completely in your attacks on the people that are hoping this works out without legal action. If they go the legal action route, they're still likely to never see a single penny. So, it behooves them to try to work “something“ out at this point. it was different when Bernie was completely MIA; there was no option B at that point. But he's actually sending out guitars and shiftily communicating now. Working with him is likely the best way for many to get asny kind of satisfactory result. legal action SHOULD be plan B now, because it would be a collosal pain in the ass and likely have no result.

But, by all means, continue to offer indignant advice that's not based in any reality.

 

[Hollowway]

Yeah, someone on here actually did talk to law enforcement down there, and they went out, knocked on the door, and when he didn't answer they called it a day.

I'm not disparaging anyone saying that some action should be taken, but I'm honestly wondering what actioncould be taken. It seems that filing with the BBB and other organizations did not get anywhere. Law enforcement did not get anywhere. No one has tried a small claims case, mainly because the feeling is that if it's gotten this far a judgement against Bernie is not likely going to result in actual payment. JPMike, et.al. are out of a lot of money and would like to see a guitar or money, but there just isn't an obvious solution that's the panacea we'd all like. And, while hindsight is 20/20, it's hard to say that everyone knew 2 years ago this would happen. Once you get out past that credit card/PP chargeback window it gets tough to do. I've been on the short end of a custom guitar deal more times than I'd care to mention, but how can you tell the good ones from the bad ones? I have a KxK that is 2 years in. I have a XEN and OAF that are 9 months in. I have a BRJ that is 2.5 years in. Go back 2 years, and how would we know that the XEN, OAF and KxK are nothing to worry about, but the BRJ would be a big deal? I sure am not going to charge back KxK, XEN, OAF just because a few months passed since I put my order in. I have no photos or any evidence that they will even build my guitars. But I completely trust them, I know the nature of the business, and it's a risk that I have to take to get the instrument I want. That's why I continually tell people they should ONLY order a custom if there is literally no production (or used) instrument that will meet their needs. You just can't eliminate the risk or predict the future, and once too much time has elapsed, there's not a whole heck of a lot you can do.

 

[Diggi]

Your profile doesn't say where you actually live, but I can almost guarantee that your local law enforcement wouldn't give two shits about something like this happening. even after an individual has won in small claims court, it is up to them to collect; they will receive zero help from law enforcement.

I agree with much of your follow up and we're on the same page about more of this than we disagree, but this ^ above, you're incorrect about. I'd be willing (right here and now) to bet you an NGD on it.

I know it, because I've seen it happen to other businesses in my city/ state (MN)

 

[Ben.Last]

I agree with much of your follow up and we're on the same page about more of this than we disagree, but this ^ above, you're incorrect about. I'd be willing (right here and now) to bet you an NGD on it.

I know it, because I've seen it happen to other businesses in my city/ state (MN)

I don't know exactly how we'd test that out. Haha

 

[Hollowway]

I agree with much of your follow up and we're on the same page about more of this than we disagree, but this ^ above, you're incorrect about. I'd be willing (right here and now) to bet you an NGD on it.

I know it, because I've seen it happen to other businesses in my city/ state (MN)

Meaning that if we call the cops they'll do something about it straight away or that if we win a small claims judgement then they'll get serious? You don't even need to bet me a NGD - if you're pretty sure that's good enough for me!

 

[Ben.Last]

Meaning that if we call the cops they'll do something about it straight away or that if we win a small claims judgement then they'll get serious? You don't even need to bet me a NGD - if you're pretty sure that's good enough for me!

Regardless of how things may be in his state, in CA there is no assistance by law enforcement before or even after winning a small claims case in obtaining what you're owed.

 

[Diggi]

Meaning that if we call the cops they'll do something about it straight away or that if we win a small claims judgement then they'll get serious? You don't even need to bet me a NGD - if you're pretty sure that's good enough for me!

I'm not "pretty sure" I know it...I've seen it happen to businesses. If that is NOT the way it is with the Hesperia law enforcement, then there is something very seriously wrong. These parts of state and local government are arse-deep in fraud cases, especially internet fraud cases and they have a mandate to prosecute and wipe them out as best they can. If they are willing to go after someone who didn't ship a $100 Ebay item to someone that had already paid, then they'd better as hell be going after people who've asked for payment on something knowing there was a good chance they wouldn't be shipping it any time soon - except for A LOT MORE MONEY (at current estimates, perhaps more than $150,000.00 total- or more.

I've said it before, if there was a "willing" collective ready to take this very huge problem to the Hesperia Police, and demand action - I think they'd get just that.

On the other hand, this might result in never getting your shoddy-assed made, scratched up guitar or the money you've already doled out to someone who WOULDN'T even post an update to those waiting for word for three months.

It's a cluster-.... all around.

 

[WickedSymphony]

Collect Your Judgment - small_claims_selfhelp

 

[SpaceDock]

For the record...

I called Hesperia Police a couple months ago before Bernie came back. In cases like this you need to file a small claims case in YOUR county and Bernie will have to appear in court, even in the case of mental illness.

After a judgement is served, YOU will have to collect the money unless YOU hire a claims company to extract it from him.

Instead of arguing in this thread, just call the people who know, ie the police.



I have talked to Bernie and I do not feel he is a scammer. If you want your money and don't want to talk with him, take him to court if you think that will help but please stop the arguing about bs and conjecture in here, it's killing me.

 

[Hollowway]

OK, fellas, since there's all the speculation, I just called the Hesperia Sherrif's office to get the straight poop. They told me if it's just me, it's a civil matter, and I would deal with it through the courts. If it's a group of people, then it's fraud, because he's making his business out of selling something and not shipping it. In that case, you file a report in your LOCAL police department, not the Hesperia one.

Now, I'm still personally wanting to just get my guitar and call it a day, so I don't know that I will be filing such a report (although, if I don't see it soon I may), but there's the info so we can stop hypothesizing.

EDIT: by SpaceDock!