Ripped off by Nick Atwell of Backwoods Overland in MD

[cstamm81]

I was curious if by chance anyone else has been ripped off by this guy https://backwoodsoverland.com/about-us-2/?
I paid him over $5k for an RLD canopy topper for my Ram, over 2 years ago. As I understand it RLD stopped fulfilling canopy orders right around the time I placed my order with Nick. He's been promising me for literal years he will return my money, and has told me at least 5 times that my check is in the mail. He never picks up his phone, rarely answers texts, and I believe his company is now defunct. I did my research on him prior to the purchase, all of the forums claimed he was a stand up guy, unfortunately he's an outright thief and a straight up liar. I have my paid receipt and all of the emails and texts between us, anyone have any experience on how I could actually get my money back?

 

[Dave in AZ]

I was curious if by chance anyone else has been ripped off by this guy https://backwoodsoverland.com/about-us-2/?
I paid him over $5k for an RLD canopy topper for my Ram, over 2 years ago. As I understand it RLD stopped fulfilling canopy orders right around the time I placed my order with Nick. He's been promising me for literal years he will return my money, and has told me at least 5 times that my check is in the mail. He never picks up his phone, rarely answers texts, and I believe his company is now defunct. I did my research on him prior to the purchase, all of the forums claimed he was a stand up guy, unfortunately he's an outright thief and a straight up liar. I have my paid receipt and all of the emails and texts between us, anyone have any experience on how I could actually get my money back?

2 years, long time... look up the company in their state, see if they filed bankruptcy. Look up the owner also, if it was a sole proprietor setup. If yes, probably too late to be a creditor now and get any $$ back, you're done. If no, then file a suit in small claims court. This is pretty much the same action you would take against any company that you paid who dedaulted on their contract...

 

[pcstockton]

Dispute the charge with your bank.

 

[Dave in AZ]

Dispute the charge with your bank.

Lol. No, 2 years ago? You have zero rights against your bank, it's not their problem what poor deals you enter!

You are thinking about a CREDIT CARD, not a bank. And a credit card probably has a coverage limitation less than 2 years. This inly works when you have used someone else's money to pay for things, not your own bank account.

 

[pcstockton]

Banks issue credit cards. Not clue on the coverage limitations.

 

[North American Sojourner]

Lawyer up. Should be easy.
Zim

 

[socal66]

The statute of limitations in Maryland for civil cases is three years so you may be beyond that or close to that situation. Really your only recourse is through the courts and lawyer fees would be a good chunk of that $5K. Your ability to collect from someone that likely has no substantial assets would still be a challenge and as such you will probably find no lawyers that would take your case on a contingency basis anyway. $5K is right at the small claims limit so you have the option of pursuing that. You can do some research on the Maryland state web site to see what that process is. It actually might be straightforward and be a viable option for you.

 

[billum v2.0]

Small Claims search for Maryland results;

Someone Owes Me Money | Maryland Courts

www.courts.state.md.us

.

As someone who uses our State's small claims regularly, here's some experience (Maryland requirements may vary):

You'll need to provide a sales agreement/purchase order, etc. that documents the sale and proof of payment.
Any written communications between the two of you that documents your efforts to resolve will help. Ditto any written communications of his ongoing delays/excuses.
Recounting oral communications usually ends up in "he said, he said" with judge giving little weight unless the other party concurs.
Costs to file suit are very small.
Either you or your representative have to appear in court.

The court system here is very accommodating to lay people. Going so far as to help determine amount of your claim, determine which forms apply and filling in appropriate areas, etc. Small claims was built for your type of dispute.

Agree with previous posts on researching whether business is still in business before going this route. Also research form of business and whether owner is still personally liable if business is defunct.

I've always spent the money to have defendant either served in person ($$$) or via certified mail with return receipt ($). Gets their attention and if they're inclined to make things right, they do so before the court date. Again, my experience in my state is accept nothing short of full settlement in one payment made in full prior to court date as accepting a multiple payment agreement turns into a different problem.

In the end, may cost you a few hundred dollars and a few hours of your time to pursue.

Best

 

[MidOH]

I pay cash only.

If the topper company can't start a product for a small down payment, then they don't get my biz.

Payment on delivery only. You have to be extra weary of people in any liberal popular hobby. Scuba is bad too.

You have to keep in mind, this is an amateur hobby/sport. Even the best companies lack professionalism.