Public Mediation

My Claim vs. Wayne Barker Dispute

A. G. vs. Wayne Barker Ii Owner Soft Serve Depot And Sammy B's Creamery
1359 Morehead Avenue, Soft Serve Depot: 1359 Morehead Avenue, Ridgeway, Virginia, 24148-3596, United States
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Statement of Claim
"Purchased 5 Taylor Frozen Yogurt Machines from Wayne Barker's company Soft Serve Depot. Was given a contract that the 5 machines would be installed by him or one of his employees when construction was complete in the building. Wayne was paid in full and when we opened the machines in late July to get ready for set up we realized they were missing parts and condition was not as described. We immediately contacted Wayne and he asked for a list of parts that were missing. This was emailed twice with the promise that someone would be to Maryland from North Carolina to fix the machines and bring the remainder of items that were on contract. This has continued for over a month with the promise that someone will be coming. Every time they are to be here we get a text that something happened. My husband and I have suggested that we would make the 6 hour trip to get the parts. As of this time Wayne refuses to answer phone calls or return the text messages that have been sent. This has deterred us from opening our business and is causing considerable financial strain."
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Additional Communication Between Claimant and Wayne Barker Ii Owner Soft Serve Depot And Sammy B's Creamery Hide
  • Oct 09, 2014, Claiming party added:
  • We were contacted by text that someone would be here last week with parts for all the machines and with the additional items. Then we were left a voice message that Steve would be here over the weekend with all parts and to fix the machines. We left a message to call us so we would know what time. We have heard nothing further from anyone. This is not a resolution or settlement if it is not honored.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: All 5 Taylor Machines Sep 12, 2014 N/A
2. Replace: All Missing parts that are to be with a 794 Taylor machine Sep 12, 2014 N/A
Cash
1. Monetary items with amounts to be determined: Repair and parts to get machines running Sep 12, 2014 TBD*
2. Monetary items with amounts to be determined: Compensation for delay and business not being able to open Sep 12, 2014 TBD*
3. Other – Copy claim to regulators Sep 12, 2014 $14.99
4. Other – Pay for claim posting cost Sep 12, 2014 $7.99
5. Other – Physical delivery charges Sep 12, 2014 $2.99
Cash total : $25.97*
Non-cash: 2 items
*Amount shown is not final: total will increase when pending amount(s) are known and entered.
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
Non-Cash
What By When How Much
1. Repair: All 5 Taylor Machines Sep 12, 2014 N/A
2. Replace: All Missing parts that are to be with a 794 Taylor machine Sep 12, 2014 N/A
Cash
What By When How Much
1. Monetary items with amounts to be determined: Repair and parts to get machines running Sep 12, 2014 $0.00
2. Monetary items with amounts to be determined: Compensation for delay and business not being able to open Sep 12, 2014 $0.00
3. Copy claim to regulators Sep 12, 2014 $14.99
4. Pay for claim posting cost Sep 12, 2014 $7.99
5. Physical delivery charges Sep 12, 2014 $2.99
Cash total : $25.97*
Non-cash: 2 items
*Amount shown is not final: total will increase when pending amount(s) are known and entered.
  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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