Eastern Railroad Discussion > Fed Up

I won't mention the name of the dealer but he never returned two of my New York Central Railroad Systems Guides. (They are about a hundred years old and very detailed with maps, yards, ice houses, engine facilities, timetables, listings, employee names, interchanges and much more. (About everything you would want to know about the various divisions on the raiilroad)  This guy makes copies of this kind of thing to sell. Though he said he just had to find them, that was some time ago and he stopped answering my emails. One of the books was given to me by a retired New York Central Policeman Friend and has his name on it. I just sent him another email and if he doesn't return them soon I will seek legal action. Yeah, legal fees might be more than what the items are worth, but I know that. I have already been in contact with a lawyer.

What would you do? Have you ever been in a situation like this? I am tired of being taken advantage of.

Victor A. Baird
http://www.erstwhilepublications.com



Edited 1 time(s). Last edit at 06/30/20 18:08 by wabash2800.

If its old and in my collection I will NEVER let it out of my hands under any circumstances.  Sorry to sound like that but I learned the hard way and really will not trust anyone to do the right thing when it comes to returning a borrowed item.
I hope you have good luck in getting the items back

Well if the guy is ignoring your emails and not sending your property back, it appears like he is not a reputable dealer. If thats the case, I see no reason why you should not make his name public. That might help future collectors that might be thinking of lending him stuff.

Posted from iPhone

I am going to pursue it one more time and seek legal action if necessary with my lawyer. And if that is not productive, I will bad mouth him. I did tell him that I will do that if he doesn't come through. 

Victor A. Baird
http://www.erstwhilepublications.com

biff Wrote:
-------------------------------------------------------
> Well if the guy is ignoring your emails and not
> sending your property back, it appears like he is
> not a reputable dealer. If thats the case, I see
> no reason why you should not make his name public.
> That might help future collectors that might be
> thinking of lending him stuff.
>
> Posted from iPhone



Edited 1 time(s). Last edit at 06/30/20 19:09 by wabash2800.

He may have lost them, misplaced them, or they may have been damaged.

You committed a cardinal sin by letting him borrow the original.  You should have gone to Staples or Fed Ex Office and made very sharp copies to send him.

Over the last 20 years I have not sent an original slide to any of the RR publications for just this reason.  Had some BAD luck over the years getting my slides returned.  When I get a request for photos I either send digital images, or if it is a request for older photos I scan the slides and send electronic images.  This has worked very well.

Spend a few bucks and have someone go visit him, amazing how a little face to face seems to hasten finding lost items.

Out 

Tell him if he doesn't come through, you'll send your "cousin" Vinnie who carries a tire iron to see him...

JG

Posted from Android

I do have a relative that is a Sheriff!  But he doesn't have jurisdiction where the guy lives. He has been helping with information for another situation I'm dealing with.

Victor A. Baird
http://www.erstwhilepublications.com

If your agreement with this guy was done via email or over the phone, you can go after him for wire fraud. Attempt to establish a value for the items first. Similar items sold at auction can suffice. A few years back a friend of mine was paying a guy to build craftsman kits for him. He made the mistake of sending a lot of kits, trusting the builder. After a time, nothing was being built, not answering the phone, no response to emails, similar to what you are experiencing. Once the authorities got involved under the wire fraud category, things got sorted really fast. Good luck and let us know how you make out.

At least under the law of your home state (Indiana), with a civil conversion complaint, you can seek attorney fees as part of your damages.  Of course a judgment is only as good as the defendant is collectable, but the law may afford you some leverage in forcing a return.  Good luck to you.

I just had someone ask to use my pictures of the Florida East Coast locmotives that I got back in 2014 when they were on the Erie Commercial RR waiting for pickup from CSX. The gentleman asking wanted to use them as they had snow on them; lots of snow. He wanted to use them for that particular reasong. That particular weekend lake effect snow had dumped over two feet in Erie, Pa. and over sixty inches in Buffalo, NY. I had thought about it but decided no. He said he was going to give me credit for them but trust is a big issue with me. Have been burned before.  First time shame on you second time shame on me...I see nothing wrong mentioning his name. Doing that could save others the unneeded stress of having to deal with someone like that. Good luck on whatever you decide to do. 

Just like friends borrowing specialty tools.  I go with the tool and do the work with them.  Then the tool comes home with me.  If I break the tool its my fault.   Too many times tools were borrowed and came back broken or not at all.  And seldom an offer to replace.

Indianapolis area?

wabash2800 Wrote:
-------------------------------------------------------
> I won't mention the name of the dealer but he
> never returned two of my New York Central Railroad
> Systems Guides. (They are about a hundred years
> old and very detailed with maps, yards, ice
> houses, engine facilities, timetables, listings,
> employee names, interchanges and much more. (About
> everything you would want to know about the
> various divisions on the raiilroad)  This guy
> makes copies of this kind of thing to sell. Though
> he said he just had to find them, that was some
> time ago and he stopped answering my emails. One
> of the books was given to me by a retired New York
> Central Policeman Friend and has his name on it. I
> just sent him another email and if he doesn't
> return them soon I will seek legal action. Yeah,
> legal fees might be more than what the items are
> worth, but I know that. I have already been in
> contact with a lawyer.
>
> What would you do? Have you ever been in a
> situation like this? I am tired of being taken
> advantage of.
>
> Victor A. Baird
> http://www.erstwhilepublications.com

He has found one but is having a hard time finding the other. Of course, the other one is the better, more valuable one and the one nearest and dearest to me with my friend's name on it. He has offered to send a CD of it. That doesn't cut it.

I need to keep the pressure on him. Over the years, with many of my photos and slides copied and distributed without my permission and other items lost-NEVER AGAIN. And I am made out like I have a problem. I have been very honest and carefull when using items in my publications with full credit. Sorry, if I won't post my things on the internet anymore either or without a big copyright notice on it.

Victor A. Baird
http://www.erstwhilepublications.com



Edited 4 time(s). Last edit at 03/21/21 21:01 by wabash2800.

wabash2800 Wrote:
-------------------------------------------------------
> He has found one but is having a hard time finding
> the other. Of course, the other one is the better,
> more valuable one and the one nearest and dearest
> to me with my friend's name on it. He has offered
> to send a CD of it. That doesn't cut it.
>
> I need to keep the pressure on him. Over the
> years, with many of my photos and slides copied
> and distriubted without my permisson and other
> items lost-NEVER AGAIN. And I am made out like I
> have a problem. I have been very honest and
> carefull when using items in my publications with
> full credit. Sorry, if I won't post my things on
> the internet anymore either or with a big
> copyright notice on it.
>
> Victor A. Baird
> http://www.erstwhilepublications.com

I’m sorry if this is harsh but if it was “near and dear to you” why would you let someone it sounds like you don’t really know borrow it?

Posted from iPhone

I thought I'd give an update in the scenario reference the guy that won't return my reference books. I consulted with an attorney (free legal advice at work) and the attorney said to go after him in small claims court and get $500 plus mileage, etc. It seems that I would have to go to Indianapolis, though I live in Fort Wayne. The attorney also said that I have all the proof, with emails btw us and the paperwork from the post office showing that he received the books.(He also acknowledged in the emails that he received the books and would return them.)  The other party is the guy that owns Railfan Depot in Indianapolis. (I know his name and have other pertinent information.) 

He has refused to communicate with me unless I have "my attorney contact his attorney". I do not know who his attorney is (if he has one), and it might be a bit costly for him to hire an attorney for Small Claims Court. (Probably more than $500) He says that he does have one of the books but has yet to return it. The one he supposedly can not find (perhaps sold) is the most valuable and the larger of the two books. I can not find a value as No. 1, I don't have the book and No. 2, can't find any on the market to get an appraisal. The book seems to also have more value too as it has the railroad official's name (my late friend) on it.

It really is stupid that he had my property and didn't return it and is such Ass about it. It would seem that if he owns a business he would not want to tarnish it by being stupid about this.

Victor A. Baird
http:/www.erstwhilepublications.



Edited 1 time(s). Last edit at 03/21/21 20:56 by wabash2800.

If this guy is a reputable dealer and is ignoring your email there is a problem.   First save EVERY communication you have that proves you sent the material and his replies and promise to return it.  Next  send a demand letter stating that you have been more than fair about the loan of your property and he must return it at once or pay it's value.  Value it at a lot more than you think it is worth and demand the material or that amount of cash at once.   Also tell him that if is necessary to pursue this legally, you will do so and furthermore you will send press releases concerning the legal action to every railroad news magazine on the market.  Assure him that he doesn't need that kind of hassle or that kind of publicity.  

I think if you do that he will look harder for the material and return it to you.  If not follow through.  And regarding bad publicity, it's not liable if it is true, so you can say anything as long as you have the facts to back it up.