Complaint Review: Bound Services - Phoenix Arizona

I kinda figured that he would get caught sooner or later and I hope to be able to get some of my money back.  This is a letter that I sent him in September right after he got arrested and got no answer.  I think it is time to go back to the Attorney General as he told me he could do nothing unless there was a pattern.  I think his present circumstances constitutes a pattern.  Oh and he also got his probation violated recently.  Keep your head up and your eyes open Derek  I'm coming after you for my money.  I told you I would never go away  Thank you Mr Sun City West for your input.  Dave

Sunday, September 19, 2010 3:29 PM

    Derek...Well I guess it is time for you to settle your debt to me.  I can't imagine you would want any more legal issues to come your way while you are on probation.  A felony charge while you are on probation would land you in jail with no bond, no work release and no hope of getting out for who knows how long.  At least as long as it takes to get to the end of your trial and then you would get out of jail for as long as it takes to transport you to prison.

You finally got caught pulling some of the same bullcrap you pulled on me.
  You know, I bet you thought you were pretty smart by slandering me and my wife and fabricating all those lies mixed with half truths.  Making me out to be a down and out drug addicted loser who was always looking for someone to blame his problems on and I must say...you did a great job.  Who would ever believe my tainted word over the word of a successful, upstanding honest businessman such as yourself? I'll tell you who...No one...in fact no one would even bother looking past the surface of the issues let alone dig for the truth...until now.   I am  going to show you how blatantly weak and full of holes and deceitful your version and mis representation of the truth really is.  How you twisted my words and twisted the truth and situations into one big lie so you could ultimately steal 40 thousand dollars from me.  It worked... until now.

This is the true and detailed facts about this transaction

I'll start with the promissory note.  You know what we agreed to, we agreed to terms A & B  Thats the only way that document can be read.   Alone,  A or B,  neither one of them makes any sense by themselves.  A Judge will clearly see this and also the extra space that is so obviously there.  Left there when you changed the document from and to or.  And then switching it while walking up to the notary's table.  That would be 1 count of felony fraud. You know  I have a witness saying that is not the document you originally read to us and we agreed too.
. 
My word and the word of a person who has never had any police contact, never been arrested, worked in a bank for 15 years. An honest, truthful believable witness.  So it is our word against a hmmmm...lets see... the word of a convicted felon who was charged with 6 felony counts of theft, 5 felony counts of forgery 5 felony counts of burglary, 6 counts of fraud and 5 counts of criminal impersonation.  Looking at your "pattern" ( remember that word) of doing business I believe any prosecutor will leave no stone un turned to get to the truth of the situation and the truth is pretty easy to spot.  Get my drift?  This was your first plan of ripping us off.

The house:

  In your defense we did move out 3 days later than agreed upon.  There was just so much to move and I had so little help it took me 3 days longer.  You took 5 thousand dollars from me for those 3 days so I believe you were fairly compensated.
As for the eviction forcible detainer bullcrap all that was was a handwritten note from you and you told me yourself not to worry about it it was just a formality.
You stated in the rebuttal on Rip off report that "Mr. Shuler left the property in shambles" and that it was in worse condition than the first inspection.  You sir are a liar and attempting to defraud me of 40 thousand dollars you owe me for buying my house. And here is when you decided to steal my money using a different tactic then the promissory note.  From here on and to the end of the rebuttal is you twisting the truth, lying and misrepresenting the facts and I am going to expose your lies, misrepresentations and exaggerations for the whole world to see.
All the "  " quotes are you speaking.

"There was raw sewage backed up and flooding the house."
 
Not true.  The grand kids had stopped up the toilet and it had overflowed and was contained in the bathroom.

 "a leaking roof"

  First of all...how do you know that the roof leaked?

 I can prove by weather reports that there wasn't any rain a month before OR after you acquired the house.  How did you know? Because I told you that the roof leaked in a certain spot and that I had a kiddie pool sitting beneath it in the attic to catch the water. I did all this to be open and transparent and honest in our dealings. But yet you twist the truth and make it sound like I did this damage after your initial inspection the house. 

  "Holes in the walls"

The only hole in the wall was in my bedroom where I cut out a square and mounted my TV in the wall.  (this was before flat screens were so inexpensive) The other side was in a closet and you were well aware of it because you commented that it was a pretty slick idea.

"Broken windows."  True

 There was 1 broken window in the house and it had happen the week before when I tossed my keys onto the counter and they slid into the window and cracked it

"Broken roof trusses"

 There was 1 broken roof truss which you  were aware of at initial inspection which I also pointed out to you trying to be open and honest
.
"Bare electrical wires exposed through the house"

 Of course there were bare electrical wires exposed.  I asked you if I could take down my ceiling fans and take them with me and you said "No problem I am going to gut and remodel the whole inside anyway"  I have a 2 witnesses who heard you say this and can and will testify to the fact.

"Garbage and debris littered through the house and yard"

 Not entirely true.. the house was clean and free of debris except for a small pile of 8' boards sitting in the corner of the dining room.

"and yard"

 Of course there was debris outside.  I buy storage shed lockers at auction and I had a lot of inventory stored outside and under the carport.  I would have gotten rid of it had you not said "Dave don't worry about anything in the yard or carport I am bringing in a roll off and I will have my crew toss the stuff in the dumpster for you. Just leave everything out here and I will take care of it no problem."  Again I have several witnesses who were privy to this conversation between you and me.

"No back fence" 

  A section of the fence was laying down because I had to get a car out of the back yard.  I have pulled up the post of that fence which is only buried about a half of a foot in the ground and layed it down and picked it up and put it back in literally hundreds of times in my 13 years of living there. It was my gate because there was no gate so this was the only option and my way to gain access to the back yard and was a commonplace because I had so much inventory coming and going.

"Because of the condition of the property, Mr. Shuler forfeited any additional funds that could have been his by simply honoring the contract he signed and turning the house over in marketable condition"

You need to make up your mind what marketable condition really is, and quit confusing your lies  You say in your rebuttal that it would take 50 thousand dollars to bring the house into marketable condition.  Then you say all I had to do was give you the property in marketable condition and you would have payed me.
I can say this, the house was cleaner and in better condition when I handed you the keys at the final inspection than it was when you inspected it the first time.
How can I say this? because we were so worried that somehow Derek would say "this is wrong" and "this ain't right" or "this was better at the first inspection so I'm am deducting whatever. " We went the extra mile and worked our butts off to have the house in ship shape condition so you could not pull any crap like that.    When you inspected the house the first time I had stuff everywhere because we were in the process of packing and moving but when you took possession of the house and keys the place was great.  Don't you remember doing a walk through with me as we went into every room and looked into every closet and every corner and checked every window?
You said everything was fine and I gave you the keys in front of 5 adults and 2 kids and you shook my hand and everyone was happy and cordial and you said I would be hearing from you within 30 days to make arrangements for the remaining balance of 40 thousand dollars to be paid.   .

You Took The KEYS

Everyone was smiling and things couldn't have been better.  It was at this time I mentioned to you that the attic access which was in between the ceiling and the roof of the carport didn't have the trap door on it so you might want to go up there and make it secure as to insure security. Which you promptly turned around and twisted into me creating and building a special attic access.  For crying out loud the access was built into the house in 1947 when the house was built.

In "other events worth noting" as far as plumbing, fixtures and gates being ripped out I'm sorry I am not responsible for any part of that house after I handed you the keys.

I can't imagine which neighbors you are referring to as for giving you information on me lurking and or me having a substantial drug dependency problem as nothing could be  further from the truth.
In direct contrast I worked as a Drug & Alcohol Counselor, Supervisor and Director of a multi million dollar facility and had just recently resigned after a 14 year career in the ministry. I have letters of recommendation and awards.  All this can be verified and substantiated.

  The only neighbor who would possibly have anything detrimental to say about me would have been the neighbor next door to the east.  I didn't even know them as they had been there only 2 months or so.

True,  the City of Phoenix had complained that I had too many yard sales (you are only allowed 3 per year)

As far as my neighbors reporting/complaining... bullcrap... I have known all of my neighbors for over 10 years and they all knew that my business was buying storage lockers at auction and selling the stuff on craigslist, ebay and several other outlets so they KNEW the stuff wasn't stolen property, in fact they ALL benefited from my business.  The Mexican lady across the street used to make 2 trips per months to Mexico with the xtra inventory I gave her regularly, clothes, kitchen items and the such.  I always gave all of them almost anything they wanted or needed.  I can and will if need be supeona every one of my neighbors to testify to the truth that they all knew what was going on and was legit.  This is just another after another after another example of you lying, manipulating, twisting the truth and attempting to defraud me at every turn.

You never said anything about the house being in an unmarketable condition ; in fact, you strung me along to the point of having me call my mortgage company and getting documents faxed and calling the head of an insurance company and jumping through all these hoops, all the while promising to pay as soon as I received the documents and passed them on to you. (which I did)  I also have witness to this fact as they went through this with me.

In conclusion,  if you are saying the reason you are not/ did not pay me my money for my house is because of a toilet being stopped up and a hole in a wall and broken window and a truss broken with debris outside and a fence laying down,  This is 40 thousand dollars worth of repairs....ya right...You sir;  obviously are a liar and a thief just trying to defraud me and keep my money.
 

12/2/2008 11:30:00 AM

Police Logs: December 2, 2008

 

Avondale

Arrests and citations

 

...

Derek Bollwinkel, 40, of 626 W. Ocotillo Road, Phoenix, was arrested Nov. 5 and charged with six counts of theft, five counts of forgery, five counts of burglary, six counts of fraud and five counts of criminal

impersonation.

...





Souce:

http://www.westvalleyview.com/main.asp?SectionID=17&SubSectionID=12&ArticleID=33125



Pretty much says all there is to say.

David Shuler contacted our company regarding the sale of this property once he had missed enough payments for his lender to begin the foreclosure process and set a date for the property to be auctioned off and sold to the highest bidder. This process takes about ninety days until the auction date in Arizona and Mr. Shuler contacted us approximately two weeks into this ninety day process. Mr. Shuler said that he was asking $175k for the property. Upon a physical inspection of the property and comparable check, I told him that we would pay that amount if the property was in 'good marketable condition'. The property was built in 1947, is two bedrooms / one bathroom and is approximately 1024 square feet. The average 'days on market' before selling for comparable homes in the area is about one-hundred eighty days for properties in good condition and priced right. The market is soft and only the nicest homes in any neighborhood are selling. The property needed about $50k in repairs/rehab in order to bring it into 'good marketable condition'. Mr. Shuler said that he had other buyers lined up that would pay him the $175k 'as is' and that he needed to look at all his options. Mr. Shuler contacted me a few times over the next month and a half to 'feel me out' and see where I stood. He then contacted me about a month before the scheduled auction saying that he needed to sell the property quick as he had acquired a title loan against his vehicle that he had not been paying on and that lender was going to reposess his vehicle if he didn't pay them fast and that all the other buyers he had lined up for the house had fallen through. I told Mr. Shuler that it would take about a week to do title work, etc. and close the deal once we agreed on a price. He said that he did not have that much time and that he needed to do the deal quick. We verbally agreed on the price and terms that I was willing to pay. I prepared the documents and met with Mr. & Mrs. Shuler at a notary to sign paperwork and get him the money he needed. Our agreement was to pay him $5k at signing, $5k more if he moved out on or before the date that Mr. Shuler himself had picked and about $30k more if he left the house in 'good marketable condition'. This arrangement gave Mr. Shuler the cash he needed immediately with the option to perform according to our contract and get more money out of the house if he chose to. This also gave us the protection we needed as we did not have time to do the appropriate title work customary in a real estate transaction that protects the buyers because of Mr. Shulers 'pressing cash problem'. Mr. Shuler cashed our check and did not move out on the date in the contract that he had personally chosen and thus forfieted the additional $5k available to him by simply moving out on time. We had to begin a forcible detainer action (eviction) against Mr. Shuler and all the occupants of the property in order to get them all to move out. Mr. Shuler left the property in shambles. It was in worse condition than when I had originally inspected it. There was raw sewage backed up and flooding the house, a leaking roof, holes in the walls, broken windows, broken roof trusses, bare electrical wires exposed throughout the house, garbage and debris littered throughout the house and yard, no back fence, etc. Because of the condition of the property, Mr. Shuler forfieted any additional funds that could have been his by simply honoring the contract he signed and turning the house over in 'marketable condition'. Other events worth noting that have transpired and/or been discovered since Mr. Shuler and gang were evicted are ... Mr. Shuler called and wanted to get back into the house because he had left firearms in the house that he still needed. He said that he could break in by himself through a special attick access that he had created. Substantial vandalism/theft has occured. Plumbing lines and fixtures have been ripped out, electrical wiring and fixtures have been ripped out, security gates have been pulled off and stolen, etc. I suspect Mr. Shuler is responsible for these activities/thefts as the neighbors have reported to me that Mr. Shuler was seen 'lurking' around the house at the exact times these problems occured. Neighbors have also notified me that Mr. Shuler has/had a substantial substance abuse/dependency problem and it is typical of people with these addictions to steal and sell anything they can in order to get their next 'fix'. The City of Phoenix had filed several complaints against Mr. Shuler because of the number of garage sales he was having in the months leading up to our purchase of the property. The neighbors reported/complained about these sales because they believed there were many items being sold that were stolen property and were bringing around undesireable elements into the neighborhood. Mr. Shulers' claims that paperwork bait and switch tactics were used to trick him are false and outrageous. Mr. Shuler signed and received at the time of signing originals of all the paperwork executed in duplicate for his records. Mr. Shuler has signed an affidavit stating that he knows exactly what the nature/terms of our agreement/contract were and that he was not being coerced or acting under any misunderstandings. Mr. Shulers' attorney has contacted us and I believe reviewed the files and failed to take any action because there is no case. Mr. Shuler has spoken to several local news reporting agencies and they have failed to take up his cause because there is no case. Mr. Shuler has filed a complaint with the Arizona Attorney Generals Office in which he failed to provide them with the documents/paperwork he signed and has the originals of because it would not reflect favorably on his false claims, etc. In summary, I/we have acted in good faith and honored our agreement with Mr. Shuler as we do with all our agreements and contracts. I/We have never had so much as a complaint with this resource (ripoffreport.com), the Better Business Bureau, the Arizona Attorney Generals Office, etc. in the seven years we have been in business, until now. Mr. Shuler has a long track record of breaking agreements/contracts he enteres into and then looking for someone to bail him out while he points the finger of blame at everyone else for 'doing him wrong'. We regret that this situation has escalated to the point it has and hope Mr. Shuler can start taking responsibility for his own actions soon in order to be able to move on with his life. Regards, Derek