Steven R Neal, Colleen A Neal, Dba Midwest Technologies & Satellite, Inc. Satellite Internet dealer of Starband systems. Failure to deliver goods. Failed to refund $808 even tho owner said he would refund. Lebanon Indiana
March 6/7, 2008 a satellite internet system (Starband system) was purchased via telephone. I paid with debit card and a long time friend paid the difference (with agreement I repay him in one month, yes, I repaid the friend in full in just over 30 days as agreed).
I was emailed by Midwest Technologies (wife Colleen A Neal) on Mar 7 2008 and she said "It will take a couple of weeks to get the product to ship out to you."
End of month came. No system. I phoned them and was ready to cancel. She said "there'd be a 20% restocking charge" (not previously mentioned to me when I placed the order by phone), she added "... but it's due to go out in next day or two." So I did not cancel at that time.
Next month, still no system. I emailed, no responses. I phoned and left messages. Then when April 23 2008 came around I sent an email cancelling the order due to their "failure to deliver goods and merchandise." I also telephoned to ensure cancellation and I did reach Colleen Neal. She said they cancelled their merchant account because it was costing them too much money, so I said to refund via cashier check or postal money order as I no longer trusted them. She said ".. you paying for that fee?" and I said no, that they cancelled their merchant account and that due to their poor business practices I no longer trusted them and I did not want the satellite system because of the delays and bad business practices.
Her excuses, whether valid or not, was that her husband had been hospitalized. Yet they failed to autorespond on emails and failed to update the OGM on their answering machine on business tel number.
Later, the owner Steven R Neal said in an email that he "would" refund my money but "on his terms." To date no refund. I have since moved to Spanaway, WA since the order was originally placed in Calif. I have also filed a complaint with Boone County Prosecutor Office (Indiana) against both parties and the business (no updates or results yet from BCPO). As of Nov 1 2008 I see that this business is still selling through Ebay under member/seller name of 3dalmations3 and this date I wrote to Ebay explaining why Ebay should not be allowed on the Ebay system. By the way, the email from owner Steven Neal was snotty, sarcastic, and immature -- he wrote on May 13 2008 "We will be sending you a check this week, however not on your terms but ours."
Mr. Steve D'Argenio of Starband was/is also aware of this matter of the failure to deliver issue by Midwest Technologies (of Lebanon IN) yet Starband has apparently has kept that dealer as a dealer (still listed on Starband site) and Midwest Technolies is still selling their systems via Ebay. D'Argenio of Starband told me initially too that there was nothing they could do toward making the refund and said he would review the topic of whether to have Midwast Technologies continue as one of their dealers. Said that Midwest could lose their dealership if this was not resolved properly. Well?!
Added final note. I am also a person of low fixed disability income (SSI) and I am a person of disability (recognized by the ADA). This business failed to deliver, and failed to refund, and is apparently still in business, and has caused substantial harm to myself not to mention the added costs of phone calls, email, and other communications.
I have copies of original emails, debit info for payment proof, telephone records validate communication attempts, and copy of complaint to prosecutor's office.
George
Spanaway, Washington
U.S.A.
2 Updates & Rebuttals
George
Spanaway,Washington,
U.S.A.
How the case was resolved over a half year later.
#3Author of original report
Sun, June 07, 2009
I am the individual who filed the original complaint, this gives more information.
It took over six months to get my money returned to me. Midwest Technologies in Lebanon, Indiana is a home based business operated by husband and wife. When they did make the refund it was by way of two checks. One was sent to my friend who had helped with the purchase and the other check was payable to me. It was not made by certified or cashier check as I had requested. In the bottom left of the check it had the bank name, Charter One, but no address or phone number for the branch or bank. Turns out that the transit number pointed to a parent or other bank on the east coast, not even in Indiana. (Makes one wonder if this home business might be hiding its income from the IRS.)
Luckily the checks did not bounce. As soon as my friend (who made the co-payment) received their refund check that the friend promptly sent to me a personal check for that same amount. (I had repaid my friend for his assistance in making the purchase one month later.) It is also lucky that this company did not play any further games as they had been doing against me. My friend (in California) had been in a legal-related profession and had retired with 30 years tenure. Midwest would have been messing with the wrong people.
Steve D'Argenio-McLean of Starband.com apparently had been of some assistance toward getting Midwest to refund my money. I felt that he could have done more to have expedited the refund, but apparently he felt he could only do so much. It doesn't say much for Starband's quality or standards, though, whereas they allow their dealers to treat people the way Midwest Technologies did. Additionally, whereas installers of these mobile satellite systems must be certified, they have to take a test which would assert that they have knowledge and capabilities that would meet FCC standards. Colleen Neal had offered to take such test "for me" and said that she had taken such test for other people. The FCC should investigate Starband.com and Midwest Technologies and any associated installers who may have been wrongfully been issued certifications whereas other people have taken such tests for the installer.
I also cannot say much for quality, standards, or efficiency of the Boone County Prosecutor Office in Lebanon, Indiana. My original complaint of fraud and "failure to deliver merchandise" to the prosecutor office was mailed by certified mail. That office subsequently wrote to me saying that they lost my complaint and could not find it and sent to me another form to complete. My complaint should have been placed into its own folder or have been input into a computer system, been recorded and logged, but it apparently was not. I did not pursue my complaint because it seemed I was getting a run-around, and to lose my complaint did not seem realistic, instead I could only wonder if the loss of my complaint might have been a deliberate act by a person associated with the government office who might have been friends with Midwest Technologies. The state could have taken action on my behalf or on their own and had I won then, according to Title 25 Article 5, there is mention that if such a bad practice harms an elderly person that treble damages could be granted.
I had suffered undue duress and stress and there were additional costs that I had to bear, such as time to write letters, provide copies of documents, emailing, and long distance phone calls. Treble damages would have been more appropriate as a full settlement had Boone County Prosecutor Office taken action against Midwest, and Steven and Colleen Neal.
I originally had all of this matter also documented on my own website of riverpages, but I may be removing the page and hosting of the site may not be possible in the near future whereas I am a person with disabilities and on a fixed income through SSI.
The matter is resolved at least to the extent that the original money paid was finally refunded. The fault was that of Midwest Technologies whereas they failed to deliver the merchandise as stated and in a timely manner. And Midwest took excessively long in providing the refund and caused as many problems as they could get away with. In the future I also cannot recommend Starband or its systems. If they allow themselves to have even one bad dealer alike this one it would let one wonder about ethics and standards of any of their other dealers. The Boone County Prosecutor Office in Lebanon, IN was totally useless. One is also let to wonder about other legal agencies in Indiana, such as how efficient they are and for how well people are protected.
Midwest Technologies also sells on Ebay under member name of 3dalmations3 and it would not surprise me if they had other Ebay accounts that they might sell under at Ebay. Ebay was also made aware of this matter. Users of Ebay (or persons dealing with this business over the phone or by mail) should use caution in dealing with this home based business and should thoroughly investigate them prior to any transactions being made. In my case I now have a folder with all documents, copies of communications, records of telephone calls, to verify and prove all of my statements.
George
Spanaway,Washington,
U.S.A.
Starband.com updated, Boone County Prosecutor complaint filed, riverpages.com page added
#3Author of original report
Wed, November 12, 2008
Nov 10th Steve D'Argenio-McLean of Starband.com was updated with fact that Midwest Technologies had not refunded. It does not sound like Starband is very enthusiastic about helping but only time will tell. Technically speaking their dealers are the same as sales persons, or alike installers and repairmen, thus they are nearly the same as being employees. I provided D'Argenio with several forwards of pertinent emails so he could see that my story was truthful. He said they would contact Midwest Technologies.
In my opinion, if Starband was truly concerned, Starband could make the refund of the $808 to me (actually $1000 or $1200 would cover my additional costs to date, phone calls, and time spent in pursuit) and could suspend that dealer's account until they (Midwest) made repayment to Starband. That kind of action would truly show that Starband does care about customers and how their dealers act.
A complaint was also filed by mail with the Boone County Prosecutor in Lebanon, IN back in July. I am still waiting to hear an update from them.
This complaint has also been published at my own website at riverpages.com with the direct url of
http://www.riverpages.com/midwesttechnologiesfraud.html
I may also investigate the possibility of filing a complaint with the Indiana state governing corporations and their registrations.
According to Title 25 Article 5, there is mention that if such a bad practice harms an elderly person that treble damages could be granted. I believe that was meant to mean persons of low or fixed income rather than just elderly persons.