- Report: #538368
Complaint Review: Brockton Guitar Works - Heath Berkowitz - brockton Massachusetts
Reported By:
madhatter -
brockton, Massachusetts, United States of America
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Updated:
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Brockton Guitar Works - Heath Berkowitz
main street brockton, Massachusetts, United States of America
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Brockton Guitar Works - Heath Berkowitz --bounced a check and didnt wan't to give back my equipment brockton, Massachusetts
I had a Gibson SG and Marshall AVT 50 amp that had been sitting around my house and had not been getting much use. I took it to Boston Guitar Works to sell it over to them for a mere $200. The owner Heath Berkowitz was not there, so one of the other clerks called him to confirm the deal. They wrote me out a check for $200 and I was on my way.
I went to BGW's bank to cash the check and, without even running the account information the teller told me that she knew there was no money in the account. I asked her to check just to make sure and sure enough the account was empty. I called BGW back and Heath told the clerk to tell me he had some money that should be "hitting" tomorrow. So I deposited the check and decided I would wait for it to clear.
The next day I checked my account and the $200 had been made available to me. I thought all was good. A little over a week later I get a bank statement telling me that the check had bounced. While I admit it was the bank's fault that the funds were made available to me, it was clear that Berkowitz had either lied about the funds that were "hitting" or he just plain old said screw you pal. As if I wasn't going to notice the check had bounced?
Apparently the equipment was being saved by my mother for my father, unknowingly to me so we both went down to BGW in person to straighten it out. Of course Heath wasn't there (the clerk who helped us was extremely nice and very helpful, I wish I remembered his name to give him credit) so the clerk called him and told him we were there to take back the equipment. Heath did offer to come down to the store with $200 cash, but we said that we would just take the equipment and be on our way.
This guy did NOT want to give up the equipment. The clerk on the phone with him must have said "they just want the equipment back" at least ten times to this guy. The equipment was not even his!! I can understand if he refused if he had actually paid the $200, but he bounced a check and then was upset that he had to give back the equipment which was not even his.
Finally, he agreed to give back the equipment. So the clerk gathered up the stuff and gave it back to me, and I then asked for the ten dollars that the bank charged me for the bounced check. The clerk (again, not his fault, great guy) informed me that they were not responsible for the ten dollars. Right, not responsible for the money that I was charged because of a check that THEY bounced. My mother and I had finally had enough and demanded that the ten dollars be given (it may be ten bucks but it is still my ten bucks) or else we would report the company and the owner.
Immediately, and I mean IMMEDIATELY when we threatened to report them, the clerk opened the drawer and handed over the ten. While we did not report them to any official authority, the quickness with which he responded to the threat of a report made me curious as to the history of the store. So, I went online and did a bit of research and, lo and behold, there are numerous reports all over the web about this guy Heath Berkowitz and the overall shady business tactics he's been performing. So, I felt compelled to share my story. AVOID BGW AND HEATH BERKOWITZ. Guy is ridiculous. Obviously if this many people have been reporting online about Berkowitz, it's not a coincidence. Steer clear.
2 Updates & Rebuttals
madhatter
United States of AmericaAnswer
#2Author of original report
Mon, December 14, 2009
First, $200 was the amount made available to me and in statuatory holds there should be $100 held so I assumed since the entire amount was made available that the check had cleared. I use the term "fault" loosely as in it was through the bank that I was allowed to take the money out. I am not accusing them of wrong doing.
Second, the fact that my mother had not really wanted the items to be sold had nothing to do with the fact that we wanted the items back. I had told her I sold them and, though she was upset, she did not plan on getting them back. It was only after the check bounced we decided to do it. Had she not wanted them back I would have taken the $200 cash he offered.
Third, why do you feel the need to tell me to be "more careful" about my actions. The equipment was MINE not my mother's and since I don't use it anymore she felt that her and my father could use it. But I'm sure you know all of the details of what happened which makes your critique and your belief that I should "be very glad that the check had bounced" justifiable. Feel free to chime in on anything else that has nothing to do with you.
Robert
Irvine,California,
U.S.A.
A few things..
#3Consumer Comment
Sun, December 13, 2009
First it is not the banks fault that they "made the funds available". They are REQUIRED to make them available. There are guidelines known as the Federal Expedited Funds Availability Act that specifics when funds must be made available. If you have any doubts about a check being good, you probably should not deposit it. But if you do deposit the check you need to wait several days beyond the available date to make sure it has actually cleared.
Second if these items were something that were being saved, be very glad that the check had bounced. Had the check not bounced, they were under no obligation to return the items just because you found out that the equipment was being saved by your mother. Even when it did bounce they could still "technically" make good on the check and would again not be under any obligation to return the item. So perhaps you should be a lot more careful about selling items before you find out if they actually can be sold.
Third you are correct that they are responsible for any fees that they caused. However, it is not a criminal issue and you would have had to sue them in small claims court had they not given you the money back.
