Public Mediation

Ed Desmond-Dispute-#9829618

J. M. vs. Ed Desmond
67 Jenkins Road, Sacco, Maine, 04072, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 4 non-monetary items.
    • Claim #: 9829618
    • Amount Involved: 5,500.00
    • Filed On: Dec 24, 2012
    • Posted On: Jan 04, 2013
    • Complaint(s):
      • Failure to Address a Complaint or Inquiry
      • Rude Behavior
      • Personal injury
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Statement of Claim
Claimant says:
"RE: Ed Desmond, dba: ED’S RV SALES, Saco, Maine


Consumer Complaints,

On July 15th, 2009 we found a listing on Craig’s List for a 40ft Sandpiper tag-along camper trailer located in Saco, Maine. The camper was listed for the asking price of ($5500.00). We called the telephone number that was listed in the ad and spoke with a Mr. Ed Desmond. He informed us the camper was still available. We discussed the many details with Mr. Desmond, and decided the camper could possibly suit our needs.
Later that evening we called back and again spoke with Mr. Desmond, telling him we would like to come up to Saco, Maine the next day to see the camper. If the camper was what was as advertised, and, what we required, we would purchase it.

On Thursday July 16th, 2009 we arrived at Mr. Desmond’s home in Saco at approximately (5:00 pm). We brought people with us in case we needed help with transporting the camper.
1
When we saw the camper in person we decided it could suit our needs, but, realized we might have a problem towing it with our Suburban. Mr. Desmond told us he still had his nephew’s belongings in the camper which needed to be removed. The camper needed to be cleaned, the (black & gray water) holding tanks needed to be emptied, the battery needed replacing and proper wiring, and, a few other things needed to be done before he could let it go. Mr. Desmond, said he would be in our area the following Saturday (July 25th, 2009), and would deliver the camper to us for an additional ($50.00). We agreed to this, and, Mr. Desmond, said that he and his “boys” would also deliver the (screen room addition) which belongs to the camper; further, that they would set-up the camper and (screen room addition), repair the ripped screens on the entry doors, straighten the damaged trim and bring the entry door (keys).
Mr. Desmond, told us that the sewage holding tanks would be emptied, the camper would be clean, the outside of the camper would be pressure washed, and, they would do everything necessary to make it liveable.
We agreed to all that Mr. Desmond, had promised.
Mr. Desmond, required a check with guaranteed funds, with which we complied.
We paid Mr. Desmond ($5500.00) by personal check, and left Saco without the camper to return home that evening. We waited until the following week to hear from Mr. Desmond, expecting he would call, as he had promised, to let us know exactly when he would be bringing the camper, and, where we could meet.
2

Mr. Desmond, never called. We kept calling and leaving messages.
We finally got hold of Mr. Desmond, on Friday July 24h when he informed us he would not be able to deliver our camper, as he had promised, because the (transmission) on his truck had gone out, and, his truck was in the shop. He then told us that he would deliver the camper, and everything else, including the (keys) the following Tuesday July 28th … saying, his truck should be ready by then. We agreed to all of this recognizing he was having some problems which were out of his control. Later that evening, after giving careful consideration to everything, we decided we would need to return to Saco to take possession of our camper and transport it ourselves. We simply could not wait until the 28th of July. We tried several times to call Mr. Desmond, with no success, so we emailed him that we would be up Saturday the 25th to pick-up the camper and everything else that belongs to it..
I had to borrow a friend’s pick-up truck to transport the camper as I felt my Suburban might not be able to handle the weight. I drove back up to Saco a second time, bringing my daughter. We picked up the camper, but, could not transport the (screen room addition) as there was not enough room in the bed of the pick-up. Mr. Desmond, then told me that he would still be going to New York on Tuesday the 28th, and, that he would bring the (screen room addition) and everything else with him to deliver to us. We left Saco with our camper, and, with Mr. Desmond’s assurances that he would deliver everything else the following Tuesday.

3
Tuesday, the 28th, I took the day off work and waited for Mr. Desmond, at the address we had agreed to meet. I called his number(s) several times leaving several messages.
I waited for Mr. Desmond, from (08:00 am) until approximately (1:00 pm) when I finally reached him to be told … he was not coming, but his “boys” were coming instead, and, they would meet me in a few hours. He said they had everything with them including the (screen room addition) and the keys to the camper. Mr. Desmond’s, nephews were to set-up the camper, repair the ripped screening on the entry doors, straighten the metal trim and deliver our keys. He gave me their cellular telephone number, but when I called it all I got was (voice mail).
I continued to wait … until about (4:30 pm). They never showed. I was able to reach Mr. Desmond, again later that evening when he told me that … his “boys” had gotten lost, and, had probably gone to their uncle’s home in Hudson, New York. Mr. Desmond, told me that he himself had not heard from them, and, was worried as they had been to a party the previous night and were likely “hung-over”. He told me later they had ended up somewhere in North Carolina.
Mr. Desmond, assured me that he personally would come to set-up the camper, deliver our (screen room addition) and keys and complete all promised repairs within the next couple days … no latter then Saturday the 1st of August. He promised there would be no more delays, and, that we should trust him.


4
During the remainder of the week we tried calling, Mr. Desmond to confirm he would be coming as promised. We were never able to reach him except to leave numerous voice messages which were never returned. Saturday, August 1st came, and, we still had not heard from Mr. Desmond.
We finally left a message on Mr. Desmond’s cellular phone that if he did not follow through with his promises we would take this to the next level.

Mr. Desmond, called me back within five minutes and demanded to know exactly what we meant by the next level? He further stated that he was in Ohio, and his daughter had been hit by a car. I then reminded him of all his promises … telling him I believed that he had repeatedly lied to us, and, that I believe he is not an honest person. Mr. Desmond, then said to me … “screw you … bring it to the next level … I don’t care”. He said further that … “we could do whatever we wanted to do, he was not going to do anything“.


Mr. Ed Desmond, has never given us the keys, never set-up nor levelled the camper, did not check any of the systems, nor explain how they are operated. We never received the (screen room addition) and none of the sewage tanks were ever emptied. The camper was never cleaned although we were assured the furniture and carpeting would be steam cleaned. The battery was never replaced nor properly wired.




5
Mr. Ed Desmond failed to follow through with his contract with us.



Mr. Ed Desmond was paid in full, in advance by us.
We fulfilled our portion of the agreed contract.

To this date, Mr. Ed Desmond, has not even attempted to fulfil his portion of our agreed contract.

We have several witnesses willing to provide statements corroborating the validity of our contentions … we can provide receipts for all times we travelled to Maine, and, cellular telephone call records which substantiate all calls made to, Mr. Desmond over the time frames indicated.

We wish to have this situation made right, or, failing the fulfilment of Mr. Desmond’s contractual promises, a portion of our monies returned.




6





Contact information for Mr. Ed Desmond …



dba: ED’S RV SALES, 67 Jenkins Road, Saco, Maine

Cellular telephone: (207)710-6670
Home telephone: (207)571-4223

Email address: d_ed35@yahoo.com






James J. Mitchell & Linda M. Mitchell
James J. Mitchell & Linda M. Mitchell


August 30th, 2009
Dated




Laura Bruce, Melissa Mitchell & Kevin Hunt
Witnessed


August 30th, 2009
Dated







7"
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Additional Communication Between Claimant and Ed Desmond Hide
  • Jan 07, 2013, Claiming party added:
  • Mr. Desmond, used (CRAIG'S LIST) to post his advertisement. I am certain there have been other people he has "scammed" through this venue.

  • Feb 25, 2013, Claiming party added:
  • Update of address ... new address:

    Mr. Ed Desmond, DBA ED'S RV SALES
    PO Box 185
    Peru, ME 04290-0185

  • Feb 25, 2013, Claiming party added:
  • New Information ... Telephone numbers:

    Cellular: (207)710-6670
    Home: (207)571-4223

  • Mar 10, 2013, Ed Desmond (responding party) added:
  • james has had the camper for a few years now.i would pay up to $3000 cas for his troubles and camper back.and also i never altered tite because i never rewrote anything on it.was given to him as it was given to me.lets go from here

  • Mar 10, 2013, Claiming party added:
  • 03/10/2013

    In response ... I will accept nothing less than $5500.00 ... the amount originally paid ... plus my costs which exceed more than $500.00 in attempts to resolve this matter through the authorities in ME, and other associated costs ... total of $6000.00. Nothing less will be acceptable. I have never even received the keys to the camper from Mr Desmond,

    The title remains (non-marketable) ... meaning, the camper cannot be registered, and I cannot sell it with the title given me by Mr. Desmond as the title has been altered. That is the way he gave the title to me ... whether he altered it or someone else, it remains an altered title, and I have come to understand that the original owners of the camper gave Mr. Desmond the camper on a consignment ... Mr. Desmond never paid the original owners once he sold the camper to me.

    This report will be forwared to Officer Roger Nagy with the Maine State Police (Vehicle and Traffic Bureau), and to the District Court in Saco, ME.

    Mr. Desmond has never responded in any way in the past ... he has even managed to evade the ME State Authorities to whom the original complaint was addressed ... Officer Roger Nagy.

    Please refer to original complaint as there is much more to this than is stated herein.




    James J. Mitchell

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: camper (slide-outs) ... rotted ... never disclosed. Jan 08, 2013 N/A
2. Replace: (altered title) with marketable title Jan 08, 2013 N/A
3. Complete project: as agreed Jan 08, 2013 N/A
4. replacement of (altered title) ... keys to camper ... plus additional terms as agreed. Jan 08, 2013 N/A
Cash
1. Compensation: breach of contract Jan 08, 2013 $2,750.00
2. misrepresentation and (altered title) Jan 08, 2013 $2,750.00
3. Other – Copy claim to regulators Jan 08, 2013 $14.99
4. Other – Pay for claim posting cost Jan 08, 2013 $7.99
5. Other – Physical delivery charges Jan 08, 2013 $2.99
Just make me happy!
Claimant invites Ed Desmond to make a fair offer to resolve this complaint.
Cash total : $5,525.97
Non-cash: 4 items
  • 0
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Respondent's Counteroffer


There has been no response to this claim from Ed Desmond. This claim will remain posted until resolved
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  • Comment: by Jennifer Sheehy — Online mediator
  • On: 01-05-2013
  • In this situation, you may want to consult with an attorney. You did not mention in your claim whether or not you had actual written terms of the contract you entered into with this individual. Because the contract appears, based on the claim, to be an oral contract, you may want to sit down for a legal consultation with an attorney who can let you know what rights you have in regards to the purchase and the promises made, and if there are any remedies available to you. It sounds like you have had a rather long and extensive history of trying to work this out on your own, and sometimes getting an attorney involved may help fix the situation.
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