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  • Report:  #86494

Complaint Review: ComputerGeeks.com - Computer Geeks - ComputerGeeks - CompGeeks.com - CompGeeks Comp Geeks - Oceanside California

Reported By:
- Miami, Florida,
Submitted:
Updated:

ComputerGeeks.com - Computer Geeks - ComputerGeeks - CompGeeks.com - CompGeeks Comp Geeks
1890 Ord Way Oceanside, 92056 California, U.S.A.
Phone:
760-639-4500
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
ComputerGeeks.com REFUSED TO REFUND $10,000.00 despite product returned to Computer Geeks!

Customers of ComputerGeeks.com (CompGeeks.com) should be VERY CAREFUL when returning parts to ComputerGeeks or its sister-company Evertek Computer Corporation, or when SELLING WHOLEPARTS to Evertek, because ComputerGeeks.com/Evertek may just KEEP THEIR MONEY, as they did to us -- simply REFUSING TO REFUND IT.

It's been THREE (3) YEARS and they're still REFUSING!

Read our sad and totally TRUE story with regard to ComputerGeeks.com/Evertek BEFORE you do ANY BUSINESS with them!

(Note that this company does business as 3 companies: Evertek Computer Corporation, ComputerGeeks.com, and WholesaleAuction.com. ComputerGeeks.com is also CompGeeks.com and often spelled ComputerGeeks or Computer Geeks or Comp Geeks or CompGeeks. Evertek is often misspelled as: Evertek Computer Corp. or Evertech Computer Corporation or Evertec Computer Corporation or Everteck Computer Corporation or Ever-tek Computer Corporation or Ever-tech Computer Corporation or Ever-tec Computer Corporation or Ever-teck Computer Corporation. Wholesale Auction. THEY ARE ALL the same company Evertek Computer Corporation on Ord Way in Oceanside, near San Diego, California, owned principally by MR FRANK SEGLER who is trying to take these companies PUBLIC via a FILING with the SEC.)

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OUR VERY SAD STORY:

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We returned $9790.00 in parts to ComputerGeeks.com's Evertek division within DAYS of receiving those parts (we paid in FULL with cashier's check), and Mr. Jeff Potenza of CompGeeks.com/Evertek offered a FULL REFUND to us for the return.

ComputerGeeks.com/Evertek did not make this refund, and still REFUSES to do so.!!!

Computer Geeks/Evertek DID receive back ALL the items, and in GOOD CONDITION as their RMA information clearly attests.

We spent HUNDREDS of dollars in shipping to send them back to Comp Geeks/Evertek Computer!

CompGeeks/Evertek verified the receipt of these items, and Comp Geeks/Evertek verified good condition.

Computer Geeks' Evertek Division issued two credit memos:

CREDIT MEMO #061633 FOR $ 222.50

CREDIT MEMO #087144 FOR $9567.50

Yet we have received NO REFUND whatsoever for these items from ComputerGeeks.com Evertek Computer Corporation.

When we called on REPEATED OCCASIONS and spoke with the company's manager, Mr. Doug Allen (Douglas Allen, Doug Allen), we were mocked and told we would NEVER receive these monies. He said that ComputerGeeks.com / Everteck was just going to keep our money.

We felt that this was very unfair of Computer Geeks / Evertech to do this, and so we have had to file a BBB Complaint with ComputerGeeks.com/Evertech, and we are considering taking CompGeeks.com/Ever-tek to court to get a judgement for these monies.

Prior to this we were LARGE CUSTOMER of ComputerGeeks.com's Evertek Division, purchasing in excess of HUNDREDS OF THOUSANDS OF DOLLARS in Computer Parts!

Can you imagine? If this is how ComputerGeeks.com / Evertek.com treats its larger customers, how will they treat a small customer? Will they just tell you that they're going to keep your money, as Doug Allen did on the telephone with us?

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In the interest of fairness, we can present some of Computer Geeks.com / Evertek's side of the story. (Only they can fully tell their side.)

But even if their claim is correct, they still OWE OVER $5,900.00 in REFUND that they promised and NEVER PAID for items they ACKNOWLEDGE receiving back to Comp Geeks.com / Ever-tech in good condition.

ComputorGeeks.com / Ever-tek claims that another company which has the same stockholder as our company, owes it money. Even if this is factual, and even if the law entitles them to withhold a refund from a completely seperate company, they STILL owe a refund in EXCESS OF $5,800.00, which they REFUSE TO PAY!

The monies owed to Computer Geeks.com / Ever-tec by the other corporation are only around $3,800, and Evertek has outright REFUSED to refund the OVER $5,900 difference between the two amounts, even when we offered to let them deduct these monies!

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KNOWING that this was ComputerGeeks.com / Evertek's complaint, we offered to work with them. In speaking and writing to the people at ComputerGeeks.com / Evertech, we offered to FOREGO our full legal claim for $9790.00, and just accept the difference in what was owed of around $5,900.00.

We didn't legally need to do this! We shouldn't have needed to do this. But we made the honest offer so that Computer Geeks would know we were PLAYING FAIR with them.

We couldn't have been more ACCOMMODATING than to agree with their QUESTIONABLE counter claim against a SEPARATE COMPANY and agree to accept the reduced amount

Was this good enough for ComputerGeeks?

The response by ComputerGeeks.com / Evertek's principle, Mr. Doug Allen, in a telephone conversation, was to ridicule us, and remind us that he was simply going to STEAL our money from us. It was clear he was taking pleasure from doing so. He apparantely feels he is "teaching us a lesson" because our other company owed him less than he owes our company.

He was in the cat-birds seat holding our money, and absolutely excoriated us. He made clear we would NEVER get a refund and that ComputerGeeks.com absolutely intended to keep our monies.

Other staffers at Computer Geeks / Evertec whom we have contacted, and spoke with about this, or tried to do, so include:

Doug Allen, Principle [email protected]

Frank Segler, OWNER [email protected]

Roger Thomas [email protected]

Jeff Potenza, Sales [email protected]

Jennifer Taylor, Customer Service [email protected]

Lupe Perez, Customer Service [email protected]

Amber Schafer, Customer Service [email protected]

James Hughes, RMA [email protected]

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OUR ONGOING CONCERN (besides the $10,000):

We're concerned that CompGeeks.com has no intention of dealing with us in good faith and that ComputerGeeks.com is simply trying to KEEP OUR MONIES until the statutes run out and we can no longer litigate.

NOTE that ComputerGeeks.com's EVERTEK division BUYS OVERSTOCK PRODUCTS.

Now that you know of this example, do you want to send them the products and then trust them to pay you? You may get a snide call from Douglas Allen telling you that you'll never get a penney, just as we did.

IF YOU SELL ITEMS TO EVERTEK, you should be VERY CONCERNED BY THIS.

We advise you: DON'T SELL ITEMS TO EVERTEK!!!

What this example proves is that if ComputerGeeks.com wants to screw around with you and simply KEEP your money and NEVER PAY YOU, as they've done with us, you have very little recourse, except to sue.

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RELIEF:

We're trying to get some relief here from ComputerGeeks.com / Ever-tek Computer Corporation's REFUSAL to refund our monies.

We're doing the following:

We have filed with the Better Business Bureau (BBB) a complaint against ComputerGeeks.com / Evertek Computer Corporation.

We are currently working with DUN and BRADSTREET to register this indebtedness so it will appear on the DUNS REPORT of ComputerGeek's Evertek Computer Corporation.

We are contacting the Attorney General of California to see if this is prosecutable as a CRIMINAL THEFT by ComputerGeeks.com / Evertek, since they have made clear that they have NO INTENTION of refunding these monies.

We are investigating the cost of litigating this matter and getting a judgment against ComputerGeeks.com / Evertech for these monies. Doing so would be costly, but may pay for itself with the collection. You can see why you really have very little power in such cases against ComputerGeeks.com, even with big amounts at stake!

If this remains unresolved, we will be creating websites which make it clear that customers and vendors alike cannot trust ComputerGeeks.com and Evertek and WholesaleAuction.com (Wholesale Auction, Wholesale Auction.com, Whole sale Auction, Whole Sale Auction.com), and we will be promulgating these websites on search engines.

Just as in this report, we will be utterly FACTUAL and FAIR, so that ComputerGeeks.com / Evertek can have confidence that, once they pay us the promised refund for the $10,000 in parts we returned, we will gladly let the world know that ComputerGeeks / Evertec Computer Corporation made good on its word -- albeit 3 years LATE. :-)

We request that CompGeeks / Evertek make this 3-YEAR-OVERDUE refund.

We hope that CUSTOMERS and VENDORS of ComputerGeeks.com / Evertek Computer see this post and will ENCOURAGE CompGeeks / Evertek to treat ALL of its customers FAIRLY.

Remember, we were a BIG CUSTOMER doing in the HUNDREDS OF THOUSANDS of DOLLARS of purchases from ComputerGeeks.com / Evertek.com, and this is what they did to us.

What will they do to a little fish?

PROOF -- WE'VE GOT IT ALL and will show to ANYONE. Here's some now:

These are the UNPAID credit memos CompGeeks.com / Evertek issued in MARCH, 2001.

They remain UNPAID by CompGeeks / Ever-tek still after 3 YEARS:

CREDIT MEMO #061633 FOR $ 222.50

CREDIT MEMO #087144 FOR $9567.50

Here is info from the Better Business Bureau (BBB) complaint about Evertek:

Customer Service Rep: Mr. Doug Allen

Product or Service: Genica 52x IDE Refurbished CD ROM Drive (Bulk)

Model Number: CDR-GN099-52

Account Number: acti03

Order Number: 154705

Salesperson: Mr. Jeff Potenza

Payment Made: Yes

Purchase Price: 9790

Disputed Amount: 9790

Payment Method: Money Order

Purchase Date: 2/21/2001

Problem Date: 3/6/2001

Complaint Dates: 3/6/2001, 10/10/2001, 10/17/2001

(Note that this company does business as 3 companies: Evertek Computer Corporation, ComputerGeeks.com, and WholesaleAuction.com. ComputerGeeks.com is also CompGeeks.com and often spelled ComputerGeeks or Computer Geeks or Comp Geeks or CompGeeks. Evertek is often misspelled as: Evertek Computer Corp. or Evertech Computer Corporation or Evertec Computer Corporation or Everteck Computer Corporation or Ever-tek Computer Corporation or Ever-tech Computer Corporation or Ever-tec Computer Corporation or Ever-teck Computer Corporation. Wholesale Auction. THEY ARE ALL the same company -- Evertek Computer Corporation on Ord Way in Oceanside, near San Diego, California, owned principally by MR FRANK SEGLER who is trying to take these companies PUBLIC via a FILING with the SEC.)

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If you have a complaint about ComputerGeeks or Evertek or WholesaleAuction, PUT IT HERE and together we will get some results!!!

Thank you!

Kent

Miami, Florida
U.S.A.


9 Updates & Rebuttals

John Harvey

Statesville,
North Carolina,
U.S.A.
I am a happy GEEKS.COM Customer

#2Consumer Comment

Sat, July 14, 2007

Bravo, Bravo! I loved reading your factual and accurate rebuttal. The TRUTH finally came out! I have been a loyal Geeks.com customer for years and have always been treated with the utmost courtesy and respect. Any problems I have experienced were handled quickly and fairly and I recommend your company to anyone needing computer parts and consumer electronics. Thanks you Geeks! J. H.


John Harvey

Statesville,
North Carolina,
U.S.A.
You have your refund in the TWO CREDIT MEMO's

#3Consumer Comment

Sat, July 14, 2007

I am J. H.. I have purchased thousands of dollars worth of computer parts from geeks.com over the past several years. I would like to say that Geeks.com is a reputable company. Their practices, policy's and prices are the most fair I have found in the industry. I have had a few problems with items I have purchased from geeks. Geeks has always been fair with me in replacing the faulty products. Several times they have either replaced defective merchandise or given me a credit for the merchandise and NOT EVEN ASKED ME TO RETURN THE DEFECTIVE MERCHANDISE TO THEM! Geeks realizes that sometimes the cost of return shipping would out weigh any advantage in returning the faulty product. I also would like to say that your charge against geeks is misleading. You say that they wont refund your mony, but they have already issued a credit memo. A credit memo entitles you to purchase that amount of goods and not have to pay for them. You have almost $10, 000.00 worth of credit memo's and are either not willing or not smart enough to use them. Instead you just complain about a company that has obviously met their oblication to you. From what I read in your complaint, your company did not pay its bill to Geeks. Now you are whining for no appearant reason. You say that they won't refund your money. But, they have already done so with their Credit Memo's. If I were Geeks I wouldn't refund your money or give you a credit memo. If you are smart, you will use up your credit memo's and then not do any more buisness with Geeks. I'm SURE they will appreciate you doing just that. If you are not smart, you will spend a fortune trying to get back money that it right there under your nose waiting for you to use. Its called a Credit Memo and you can spend it just like money. I have done it many, many times. This is my opinion. Take it or leave it. As for me I will continue to shop at www.geeks.com. They are a world class company that goes out of the way to treat customers like kings! No, I am not related, affiliated or employed with geeks or even friends with any employee there. I just know a good company when I do business with one. -John


Ken

Randolph,
Massachusetts,
U.S.A.
Interesting reading

#4Consumer Comment

Thu, December 08, 2005

Doug, I was really happy to read your response outlining what really happened. I have been a satisified customer of CompGeeks for several years, and I never had a bad thing to say about it, so I was somewhat distressed when I saw the original posting. You certainly cast a new light on it. Rock on!


Doug

Oceanside,
California,
U.S.A.
Rebuttal to Kent Nelson / Modems Unlimited

#5UPDATE Employee

Thu, December 08, 2005

Evertek welcomes websites like ripoff.com that allow individuals and companies speak openly about sales and customer service issues and allow each party to present their facts. Having been in business for over 15 years we've seen our share of fraudulent companies AND customers and realize that honesty and integrity are always the long term winners in these situations. We are also confident that readers of these forums are intelligent and can easily form reasonable opinions of truth when facts are presented from both sides. Freedom of speech awards all concerned parties the opportunity to express the truth. Thank you ripoffReport.com Our Rubuttal: The purpose of these document is to outline the series of events in which Evertek Computer Corporation was defrauded by Kent Nelson of Modems Unlimited / Action Parcel, and show that Evertek took legitimate legal actions to recoup monies owed by Kent Nelson. Evertek Background: Evertek is one of the world's largest wholesalers of closeout and excess computer systems, parts and consumer electronics. Evertek has been in business since 1990 and has an excellent standing with the Better Business Bureau, is listed as one of the countries TOP 25 Distributors by the VAR Business Magazine (#23 2005 ranking), and continues to be a well respected company by it's peers. We run our business with a high degree of integrity and wish to do business with companies who do the same. We do not possess a tolerance for those who wish to defraud our company or those who chose to act dishonestly in their business dealings with us. Evertek BBB History: BBB online will show that we have had 1 complaint filed in the last 12 months. It will also show there were 6 complaints filed in the last 36 months ALL have been resolved. Evertek sales for that 3 year period are close to $300Million. What Kent Nelson neglected to tell you: Mr. Nelson states that he feels our company had held his money without cause (as he phrases it, Our Sad Story), but he neglects to disclose that he provided us with BAD CHECKS, paid with FRAUDULENT CERTIFIED CHECKS, ordered from us under a FALSE IDENTITY and DEFAULTED on his payment plan he had agreed upon to pay his BAD DEBT. Microsoft Counterfeit Case against Kent Nelson: We are not alone in companies that have been affected by Kent Nelson's less than above board dealings as Microsoft filed an Internet piracy civil case against Happy Beagle Marketing (also known as Modems Unlimited) of Washington and Bloomington, Illinois, for alleged distribution of counterfeit Microsoft Office 97 Professional and Windows 98 through www.fastmodems.com. Civil case number 01-1145, in the Central District of Illinois, Peoria Division. http://www.microsoft.com/oem/piracy898.asp Kent Nelson Banned from Ebay / PayPal (FastModems.com / Modems Unlimited) Kent Nelson was banned from Ebay and PayPal. To see the true colors of Kent Nelson all one has to do is read the customer complaints on resellerratings.com http://www.resellerratings.com/seller1967.html FBI Internet Fraud Case against Kent Nelson (FastModems.com / Modems Unlimited) Although we do not have the exact details, it has been documented that the FBI had opened up an investigation of suspected Internet Fraud against Kent Nelson. We were contacted directly by the FBI, debriefed on the investigation and questioned in regards to the case. Others defrauded by Kent Nelson and his companies are encouraged to contact the FBI Internet Fraud Division to file an official complaint. http://www1.ifccfbi.gov/index.asp Below we'd like to outline the factual series of events to give readers OUR side of the story so they can better understand the steps we were forced to take in order to protect our interests and collect that debt that was owed to us by Kent Nelson. Sept 11 1998: Kent Nelson (Modems Unlimited) sets up an account with Evertek in September of 1998. Nov 5, 1998 Evertek ships Modem Unlimited order 34460 $23,403.72 with COD Cashiers Check terms. Nov 25, 1998 Evertek receives a courtesy call from our bank that check #3383 for $23,404.72 will be returned to us unpaid (Cashier Check bounced) Nov 25, 1998 Evertek calls Kent Nelson to inform him that the Cashier Check was not being honored. Kent informs Evertek that he is confused on why not and said he will contact his bank. Kent assures Evertek that the check was certified and will wire funds to Evertek. Nov 28, 1998 Evertek received check #3383 back from the bank and discovers that the check is a COMPANY CHECK with a stamp that says, Happy Beagle Certified (no, we're not kidding). Apparently Happy Beagle Marketing was another company name that Kent Nelson used as it was also a DBA on his company check. We call Kent Nelson to confront him with our finding and now he pleads ignorance by saying that he personally certifies his own checks. (as noted with the Happy Beagle stamp.) Evertek contacts First Federal Savings (309) 663-6340 (the Bank the check is drawn on), and speak to Mary Lou who confirms that they do not certify checks with a stampand that the Modems Unlimited account had a history of NSFs. Evertek places Modems Unlimited account on hold until payment for NSF check is received. Dec 1998 Kent Nelson wires monies to cover NSF checks. Account released off hold and payment terms changed to PREPAID wire transfer. Dec 1998 Action Parcel opens account with Evertek Owner stated as Marshall Werry on application. (becomes know by Evertek in May of 1999 that Action Parcel works with Modems Unlimited as a fulfillment center for Kent Nelsons internet businesses) Jan-July 1999 Evertek and Modems Unlimited continue doing good business and both are enjoying a healthy working relationship without any problems. Evertek reinstates COD terms. May 27th, 1999 Evertek notes that Action Parcel has a 3rd party relationship with Modems Unlimited as fulfillment center and on several occasions Evertek ships Modems Unlimited orders directly to Action Parcel as a convenience to Modems Unlimited. July 1999 Evertek structures a large sale of digital cameras totaling $82,804.29 to Modems Unlimited in which Kent Nelson agrees to pay with a series of 5 company checks that will be pre-sent to Evertek and that would be deposited at mutually agreed upon dates. Evertek ships digital cameras to Modems Unlimited. July 15, 1999 Evertek deposits 1st check #5865 for $16,560.84 July 22, 1999 Evertek deposits 2nd check #5866 for $16,560.84 July 29, 1999 Evertek deposits 3rd check #5867 for $16,560.84 Aug 5, 1999 Evertek deposits 4th check #5868 for $16,560.84 Aug 10 1999 Evertek receives courtesy call from our bank that check #5868 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Evertek calls Kent Nelson to inform him check did not clear and to take actions to ensure it clears upon 2nd presentation. Aug 30, 1999 Evertek deposits 5th check #5869 for $16,560.84 Sept 2, 1999 Evertek receives courtesy call from our bank that a second check #5869 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Sept 3, 1999 Evertek contacts Kent Nelson and Kent assures us that check will clear on 2nd presentation. Sept 8, 1999 Evertek gets official notification from our bank that check #5869 has been redeposited and check DOES clear upon second presentation. Sept 28, 1999 Check #5868 for $16,560.84 does NOT clear upon 2nd presentation so Evertek calls and emails Kent to request wire transfer payment to cover the NSF check. Sept 29, 1999 Modems Unlimited account is placed on HOLD pending payment of NSF check. Oct 1-31, 1999 Made numerous attempts to collect debt to cover Check #5868 for $16,560.84, but attempts are unsuccessful. Nov 3, 1999 Still attempting to collect on Check #5868 for $16,560.84 Nov 5, 1999 Receive email from Kent Nelson saying that he's working on a secondary credit line to cover the NSF. Nov 12, 1999 Receive email from Kent Nelson stating that he's days away from locking up the secondary credit line and thanks us for bearing with him. Nov 17, 1999 Evertek sends email to Kent asking status / no response. Nov 29, 1999 Evertek sends email to Kent asking status / no response. Dec 3, 1999 Evertek sends email to Kent asking for product back so we can retire the debt / no response. Dec 13, 1999 Evertek sends demand letter to recover debt from Check #5868 for $16,560.84 Dec 17, 1999 Evertek sends second proposal to get product back from Modems Unlimited so we can resell in order to retire the Modem Unlimited debt. / no action taken. Jan 6, 2000 Evertek emails on a repayment proposal to Modems Unlimited. / no response Jan 11, 2000 Kent complains that he is broke despite a busy internet business and re-negotiates repayment plan down to $200/wk. Evertek reluctantly accepts the plan as all other attempts to collect have been unsuccessful. With current plan, it will take 83 weeks (about 21 months) to retire the debt. Mar 27, 2000 Becomes apparent that Action Parcel is purchasing from Evertek FOR Modems Unlimited. Although this practice by Kent Nelson is ethically questionable (if you have enough to buy products through Action Parcel why can't you pay us the money you owe us?), we note the issue, but allow Action Parcel to continue buying. Aug 18, 2000 Unbeknownst to Evertek, Kent Nelson and his wife Janine (Happy Beagle Marketing, Inc) purchase Action Parcel from Marshall E. Werry and his wife Delores J. Werry for the sum of $125,000. The terms of the sale are based on monthly payments of $3941.03 per month from October 1, 2000 to August 1, 2005, and a final payment on September 1, 2005, in the amount of $25,000. Evertek is NOT notified about the ownership change by Marshall Werry nor Kent Nelson. Sept 2000 Modems Unlimited account remains on hold until NSF debt is retired. Jan 00-Feb 01 Receive $200/wk payments on a fairly regular basis, most payments on time although there are some instances where several weeks went by without a payment and Kent would double and triple up payments to remain on schedule. Nov 28, 2000 Evertek customer service rep gets an email from Marshall Werry stating that he is still receiving Evertek order confirmation emails to his email address [email protected] account although he is no longer the principal or affiliated in anyway with Action Parcel. Marshall gives us the email address for Andrew Hoffman [email protected] who is one of the new contacts at Action Parcel. Marshall Werry does NOT inform us that Kent Nelson is the new owner. Because there have been no negative issues with Action Parcel, the account is allowed to remain open during the account update process as we request the new owner information. Jan 2001 In a conversation with the Evertek sales rep, Action Parcel employee Andrew Hoffman accidentally lets it slip that Kent Nelson is now the new owner of Action Parcel. (Evertek sales rep reports finding to upper management) Jan 2001 Evertek contacts Marshall Werry to confirm that Kent Nelson is new owner. Marshall confirms and also mentions that Kent is behind on his payments to purchase the Action Parcel business. Jan 2001 Evertek reviews situation with their legal counsel to determine best way to protect current interest and collect outstanding Modems Unlimited debt in lieu of Kent Nelson's attempted deception involving the Action Parcel account. Had we know earlier that Kent Nelson owned Action Parcel we would have certainly put that account on HOLD until the Modems Unlimited debt was retired. Feb 28, 2001 Andrew Hoffman calls to request the return 440pcs of a 52x CD rom and to reorder 440pcs of a different brand CD Rom. Evertek agrees to take back the drives. (RMA 02281535 dated Feb 21, 2001) March 8, 2001 Action Parcel account put on HOLD pending investigation by our legal department. March 2001 Evertek credits Action Parcel returned CD Roms from RMA 02281535 for $9790.00 Action Parcel account remains on HOLD. April, 2001 End user complaints about Modems Unlimited continue to pour onto rating sites like resellerratings.com and ebay feedback. Rumors of FBI internet fraud investigation of Modems Unlimited begin to circulate. Apr 14, 2001 Evertek receives payment of $400 from Modems Unlimited, remaining balance $3815.84 (this is the last check Evertek receives on the NSF repayment agreement). Aug 6, 2002 Evertek makes random sales call to Action Parcel but finds phone number 309 663 2222 is disconnected. Credit balance of $9790 remains on Action Parcel account. Sept 27, 2002 Kent Nelson contacts Doug Allen (Marketing Manager) and now claims that he acquired Action Parcel a few months ago and would like to collect any outstanding balance due to them. Doug Allen asks Kent Nelson to FAX in documentation to prove that he acquired Action Parcel and at that time Evertek would calculate the interest on the debt, NSF fees, and reasonable collection fees associated with the Modems Unlimited NSF. At this point it had been over a year since we had received any payment from Modems Unlimited, and at no point prior to Sept 27, 2002 had Kent Nelson ever contacted Evertek as Action Parcel. Kent Nelson does NOT FAX in documentation to prove ownership. (This must be the conversation Kent Nelson talks about in ripoff.com where we ridicule him and tell him that we're going to STEAL his money. I can assure you that the conversation went exactly as it's stated in the above paragraph as I was the one in the conversation.) Apr 1, 2004 Kent Nelson contacts Doug Allen again to try and collect the Action Parcel balance. This time he references the postings he's made on ripoffreport.com. Again we ask him to provide the prove of ownership we requested 2 years earlier and this time he responds by FAXing in the ownership documents dated August 18, 2000. Not only did these documents prove that he was the owner of Action Parcel, but they also proved that he had knowledgably ordered from Evertek as Action Parcel at the same time his Modems Unlimited account remained on HOLD due to unpaid debt. Apr 7, 2004 Evertek overnights refund payment to Kent Nelson of the Action Parcel credit balance less unpaid the Modems Unlimited debt. May 2004 Evertek is contacted by the FBI regarding an ongoing investigating of Kent Nelson (fastmodems.com / Modems Unlimited) on charges relating to internet fraud. Evertek complies with document requests and answers all questions. Oct 2005 Evertek decides to post a rebuttal to Kent Nelson's accusations on ripoffreport.com in order to present the actual facts surrounding his accounts. Nov 2005 Evertek sets all time 3Q sales record and continues to provide their customers with highly profitable products, an easy-to-use website and an extremely courteous sales and support staff. Annual sales exceed $100Million and Evertek now shipping to over 100 countries worldwide.


Doug

Oceanside,
California,
U.S.A.
Rebuttal to Kent Nelson / Modems Unlimited

#6UPDATE Employee

Thu, December 08, 2005

Evertek welcomes websites like ripoff.com that allow individuals and companies speak openly about sales and customer service issues and allow each party to present their facts. Having been in business for over 15 years we've seen our share of fraudulent companies AND customers and realize that honesty and integrity are always the long term winners in these situations. We are also confident that readers of these forums are intelligent and can easily form reasonable opinions of truth when facts are presented from both sides. Freedom of speech awards all concerned parties the opportunity to express the truth. Thank you ripoffReport.com Our Rubuttal: The purpose of these document is to outline the series of events in which Evertek Computer Corporation was defrauded by Kent Nelson of Modems Unlimited / Action Parcel, and show that Evertek took legitimate legal actions to recoup monies owed by Kent Nelson. Evertek Background: Evertek is one of the world's largest wholesalers of closeout and excess computer systems, parts and consumer electronics. Evertek has been in business since 1990 and has an excellent standing with the Better Business Bureau, is listed as one of the countries TOP 25 Distributors by the VAR Business Magazine (#23 2005 ranking), and continues to be a well respected company by it's peers. We run our business with a high degree of integrity and wish to do business with companies who do the same. We do not possess a tolerance for those who wish to defraud our company or those who chose to act dishonestly in their business dealings with us. Evertek BBB History: BBB online will show that we have had 1 complaint filed in the last 12 months. It will also show there were 6 complaints filed in the last 36 months ALL have been resolved. Evertek sales for that 3 year period are close to $300Million. What Kent Nelson neglected to tell you: Mr. Nelson states that he feels our company had held his money without cause (as he phrases it, Our Sad Story), but he neglects to disclose that he provided us with BAD CHECKS, paid with FRAUDULENT CERTIFIED CHECKS, ordered from us under a FALSE IDENTITY and DEFAULTED on his payment plan he had agreed upon to pay his BAD DEBT. Microsoft Counterfeit Case against Kent Nelson: We are not alone in companies that have been affected by Kent Nelson's less than above board dealings as Microsoft filed an Internet piracy civil case against Happy Beagle Marketing (also known as Modems Unlimited) of Washington and Bloomington, Illinois, for alleged distribution of counterfeit Microsoft Office 97 Professional and Windows 98 through www.fastmodems.com. Civil case number 01-1145, in the Central District of Illinois, Peoria Division. http://www.microsoft.com/oem/piracy898.asp Kent Nelson Banned from Ebay / PayPal (FastModems.com / Modems Unlimited) Kent Nelson was banned from Ebay and PayPal. To see the true colors of Kent Nelson all one has to do is read the customer complaints on resellerratings.com http://www.resellerratings.com/seller1967.html FBI Internet Fraud Case against Kent Nelson (FastModems.com / Modems Unlimited) Although we do not have the exact details, it has been documented that the FBI had opened up an investigation of suspected Internet Fraud against Kent Nelson. We were contacted directly by the FBI, debriefed on the investigation and questioned in regards to the case. Others defrauded by Kent Nelson and his companies are encouraged to contact the FBI Internet Fraud Division to file an official complaint. http://www1.ifccfbi.gov/index.asp Below we'd like to outline the factual series of events to give readers OUR side of the story so they can better understand the steps we were forced to take in order to protect our interests and collect that debt that was owed to us by Kent Nelson. Sept 11 1998: Kent Nelson (Modems Unlimited) sets up an account with Evertek in September of 1998. Nov 5, 1998 Evertek ships Modem Unlimited order 34460 $23,403.72 with COD Cashiers Check terms. Nov 25, 1998 Evertek receives a courtesy call from our bank that check #3383 for $23,404.72 will be returned to us unpaid (Cashier Check bounced) Nov 25, 1998 Evertek calls Kent Nelson to inform him that the Cashier Check was not being honored. Kent informs Evertek that he is confused on why not and said he will contact his bank. Kent assures Evertek that the check was certified and will wire funds to Evertek. Nov 28, 1998 Evertek received check #3383 back from the bank and discovers that the check is a COMPANY CHECK with a stamp that says, Happy Beagle Certified (no, we're not kidding). Apparently Happy Beagle Marketing was another company name that Kent Nelson used as it was also a DBA on his company check. We call Kent Nelson to confront him with our finding and now he pleads ignorance by saying that he personally certifies his own checks. (as noted with the Happy Beagle stamp.) Evertek contacts First Federal Savings (309) 663-6340 (the Bank the check is drawn on), and speak to Mary Lou who confirms that they do not certify checks with a stampand that the Modems Unlimited account had a history of NSFs. Evertek places Modems Unlimited account on hold until payment for NSF check is received. Dec 1998 Kent Nelson wires monies to cover NSF checks. Account released off hold and payment terms changed to PREPAID wire transfer. Dec 1998 Action Parcel opens account with Evertek Owner stated as Marshall Werry on application. (becomes know by Evertek in May of 1999 that Action Parcel works with Modems Unlimited as a fulfillment center for Kent Nelsons internet businesses) Jan-July 1999 Evertek and Modems Unlimited continue doing good business and both are enjoying a healthy working relationship without any problems. Evertek reinstates COD terms. May 27th, 1999 Evertek notes that Action Parcel has a 3rd party relationship with Modems Unlimited as fulfillment center and on several occasions Evertek ships Modems Unlimited orders directly to Action Parcel as a convenience to Modems Unlimited. July 1999 Evertek structures a large sale of digital cameras totaling $82,804.29 to Modems Unlimited in which Kent Nelson agrees to pay with a series of 5 company checks that will be pre-sent to Evertek and that would be deposited at mutually agreed upon dates. Evertek ships digital cameras to Modems Unlimited. July 15, 1999 Evertek deposits 1st check #5865 for $16,560.84 July 22, 1999 Evertek deposits 2nd check #5866 for $16,560.84 July 29, 1999 Evertek deposits 3rd check #5867 for $16,560.84 Aug 5, 1999 Evertek deposits 4th check #5868 for $16,560.84 Aug 10 1999 Evertek receives courtesy call from our bank that check #5868 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Evertek calls Kent Nelson to inform him check did not clear and to take actions to ensure it clears upon 2nd presentation. Aug 30, 1999 Evertek deposits 5th check #5869 for $16,560.84 Sept 2, 1999 Evertek receives courtesy call from our bank that a second check #5869 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Sept 3, 1999 Evertek contacts Kent Nelson and Kent assures us that check will clear on 2nd presentation. Sept 8, 1999 Evertek gets official notification from our bank that check #5869 has been redeposited and check DOES clear upon second presentation. Sept 28, 1999 Check #5868 for $16,560.84 does NOT clear upon 2nd presentation so Evertek calls and emails Kent to request wire transfer payment to cover the NSF check. Sept 29, 1999 Modems Unlimited account is placed on HOLD pending payment of NSF check. Oct 1-31, 1999 Made numerous attempts to collect debt to cover Check #5868 for $16,560.84, but attempts are unsuccessful. Nov 3, 1999 Still attempting to collect on Check #5868 for $16,560.84 Nov 5, 1999 Receive email from Kent Nelson saying that he's working on a secondary credit line to cover the NSF. Nov 12, 1999 Receive email from Kent Nelson stating that he's days away from locking up the secondary credit line and thanks us for bearing with him. Nov 17, 1999 Evertek sends email to Kent asking status / no response. Nov 29, 1999 Evertek sends email to Kent asking status / no response. Dec 3, 1999 Evertek sends email to Kent asking for product back so we can retire the debt / no response. Dec 13, 1999 Evertek sends demand letter to recover debt from Check #5868 for $16,560.84 Dec 17, 1999 Evertek sends second proposal to get product back from Modems Unlimited so we can resell in order to retire the Modem Unlimited debt. / no action taken. Jan 6, 2000 Evertek emails on a repayment proposal to Modems Unlimited. / no response Jan 11, 2000 Kent complains that he is broke despite a busy internet business and re-negotiates repayment plan down to $200/wk. Evertek reluctantly accepts the plan as all other attempts to collect have been unsuccessful. With current plan, it will take 83 weeks (about 21 months) to retire the debt. Mar 27, 2000 Becomes apparent that Action Parcel is purchasing from Evertek FOR Modems Unlimited. Although this practice by Kent Nelson is ethically questionable (if you have enough to buy products through Action Parcel why can't you pay us the money you owe us?), we note the issue, but allow Action Parcel to continue buying. Aug 18, 2000 Unbeknownst to Evertek, Kent Nelson and his wife Janine (Happy Beagle Marketing, Inc) purchase Action Parcel from Marshall E. Werry and his wife Delores J. Werry for the sum of $125,000. The terms of the sale are based on monthly payments of $3941.03 per month from October 1, 2000 to August 1, 2005, and a final payment on September 1, 2005, in the amount of $25,000. Evertek is NOT notified about the ownership change by Marshall Werry nor Kent Nelson. Sept 2000 Modems Unlimited account remains on hold until NSF debt is retired. Jan 00-Feb 01 Receive $200/wk payments on a fairly regular basis, most payments on time although there are some instances where several weeks went by without a payment and Kent would double and triple up payments to remain on schedule. Nov 28, 2000 Evertek customer service rep gets an email from Marshall Werry stating that he is still receiving Evertek order confirmation emails to his email address [email protected] account although he is no longer the principal or affiliated in anyway with Action Parcel. Marshall gives us the email address for Andrew Hoffman [email protected] who is one of the new contacts at Action Parcel. Marshall Werry does NOT inform us that Kent Nelson is the new owner. Because there have been no negative issues with Action Parcel, the account is allowed to remain open during the account update process as we request the new owner information. Jan 2001 In a conversation with the Evertek sales rep, Action Parcel employee Andrew Hoffman accidentally lets it slip that Kent Nelson is now the new owner of Action Parcel. (Evertek sales rep reports finding to upper management) Jan 2001 Evertek contacts Marshall Werry to confirm that Kent Nelson is new owner. Marshall confirms and also mentions that Kent is behind on his payments to purchase the Action Parcel business. Jan 2001 Evertek reviews situation with their legal counsel to determine best way to protect current interest and collect outstanding Modems Unlimited debt in lieu of Kent Nelson's attempted deception involving the Action Parcel account. Had we know earlier that Kent Nelson owned Action Parcel we would have certainly put that account on HOLD until the Modems Unlimited debt was retired. Feb 28, 2001 Andrew Hoffman calls to request the return 440pcs of a 52x CD rom and to reorder 440pcs of a different brand CD Rom. Evertek agrees to take back the drives. (RMA 02281535 dated Feb 21, 2001) March 8, 2001 Action Parcel account put on HOLD pending investigation by our legal department. March 2001 Evertek credits Action Parcel returned CD Roms from RMA 02281535 for $9790.00 Action Parcel account remains on HOLD. April, 2001 End user complaints about Modems Unlimited continue to pour onto rating sites like resellerratings.com and ebay feedback. Rumors of FBI internet fraud investigation of Modems Unlimited begin to circulate. Apr 14, 2001 Evertek receives payment of $400 from Modems Unlimited, remaining balance $3815.84 (this is the last check Evertek receives on the NSF repayment agreement). Aug 6, 2002 Evertek makes random sales call to Action Parcel but finds phone number 309 663 2222 is disconnected. Credit balance of $9790 remains on Action Parcel account. Sept 27, 2002 Kent Nelson contacts Doug Allen (Marketing Manager) and now claims that he acquired Action Parcel a few months ago and would like to collect any outstanding balance due to them. Doug Allen asks Kent Nelson to FAX in documentation to prove that he acquired Action Parcel and at that time Evertek would calculate the interest on the debt, NSF fees, and reasonable collection fees associated with the Modems Unlimited NSF. At this point it had been over a year since we had received any payment from Modems Unlimited, and at no point prior to Sept 27, 2002 had Kent Nelson ever contacted Evertek as Action Parcel. Kent Nelson does NOT FAX in documentation to prove ownership. (This must be the conversation Kent Nelson talks about in ripoff.com where we ridicule him and tell him that we're going to STEAL his money. I can assure you that the conversation went exactly as it's stated in the above paragraph as I was the one in the conversation.) Apr 1, 2004 Kent Nelson contacts Doug Allen again to try and collect the Action Parcel balance. This time he references the postings he's made on ripoffreport.com. Again we ask him to provide the prove of ownership we requested 2 years earlier and this time he responds by FAXing in the ownership documents dated August 18, 2000. Not only did these documents prove that he was the owner of Action Parcel, but they also proved that he had knowledgably ordered from Evertek as Action Parcel at the same time his Modems Unlimited account remained on HOLD due to unpaid debt. Apr 7, 2004 Evertek overnights refund payment to Kent Nelson of the Action Parcel credit balance less unpaid the Modems Unlimited debt. May 2004 Evertek is contacted by the FBI regarding an ongoing investigating of Kent Nelson (fastmodems.com / Modems Unlimited) on charges relating to internet fraud. Evertek complies with document requests and answers all questions. Oct 2005 Evertek decides to post a rebuttal to Kent Nelson's accusations on ripoffreport.com in order to present the actual facts surrounding his accounts. Nov 2005 Evertek sets all time 3Q sales record and continues to provide their customers with highly profitable products, an easy-to-use website and an extremely courteous sales and support staff. Annual sales exceed $100Million and Evertek now shipping to over 100 countries worldwide.


Doug

Oceanside,
California,
U.S.A.
Rebuttal to Kent Nelson / Modems Unlimited

#7UPDATE Employee

Thu, December 08, 2005

Evertek welcomes websites like ripoff.com that allow individuals and companies speak openly about sales and customer service issues and allow each party to present their facts. Having been in business for over 15 years we've seen our share of fraudulent companies AND customers and realize that honesty and integrity are always the long term winners in these situations. We are also confident that readers of these forums are intelligent and can easily form reasonable opinions of truth when facts are presented from both sides. Freedom of speech awards all concerned parties the opportunity to express the truth. Thank you ripoffReport.com Our Rubuttal: The purpose of these document is to outline the series of events in which Evertek Computer Corporation was defrauded by Kent Nelson of Modems Unlimited / Action Parcel, and show that Evertek took legitimate legal actions to recoup monies owed by Kent Nelson. Evertek Background: Evertek is one of the world's largest wholesalers of closeout and excess computer systems, parts and consumer electronics. Evertek has been in business since 1990 and has an excellent standing with the Better Business Bureau, is listed as one of the countries TOP 25 Distributors by the VAR Business Magazine (#23 2005 ranking), and continues to be a well respected company by it's peers. We run our business with a high degree of integrity and wish to do business with companies who do the same. We do not possess a tolerance for those who wish to defraud our company or those who chose to act dishonestly in their business dealings with us. Evertek BBB History: BBB online will show that we have had 1 complaint filed in the last 12 months. It will also show there were 6 complaints filed in the last 36 months ALL have been resolved. Evertek sales for that 3 year period are close to $300Million. What Kent Nelson neglected to tell you: Mr. Nelson states that he feels our company had held his money without cause (as he phrases it, Our Sad Story), but he neglects to disclose that he provided us with BAD CHECKS, paid with FRAUDULENT CERTIFIED CHECKS, ordered from us under a FALSE IDENTITY and DEFAULTED on his payment plan he had agreed upon to pay his BAD DEBT. Microsoft Counterfeit Case against Kent Nelson: We are not alone in companies that have been affected by Kent Nelson's less than above board dealings as Microsoft filed an Internet piracy civil case against Happy Beagle Marketing (also known as Modems Unlimited) of Washington and Bloomington, Illinois, for alleged distribution of counterfeit Microsoft Office 97 Professional and Windows 98 through www.fastmodems.com. Civil case number 01-1145, in the Central District of Illinois, Peoria Division. http://www.microsoft.com/oem/piracy898.asp Kent Nelson Banned from Ebay / PayPal (FastModems.com / Modems Unlimited) Kent Nelson was banned from Ebay and PayPal. To see the true colors of Kent Nelson all one has to do is read the customer complaints on resellerratings.com http://www.resellerratings.com/seller1967.html FBI Internet Fraud Case against Kent Nelson (FastModems.com / Modems Unlimited) Although we do not have the exact details, it has been documented that the FBI had opened up an investigation of suspected Internet Fraud against Kent Nelson. We were contacted directly by the FBI, debriefed on the investigation and questioned in regards to the case. Others defrauded by Kent Nelson and his companies are encouraged to contact the FBI Internet Fraud Division to file an official complaint. http://www1.ifccfbi.gov/index.asp Below we'd like to outline the factual series of events to give readers OUR side of the story so they can better understand the steps we were forced to take in order to protect our interests and collect that debt that was owed to us by Kent Nelson. Sept 11 1998: Kent Nelson (Modems Unlimited) sets up an account with Evertek in September of 1998. Nov 5, 1998 Evertek ships Modem Unlimited order 34460 $23,403.72 with COD Cashiers Check terms. Nov 25, 1998 Evertek receives a courtesy call from our bank that check #3383 for $23,404.72 will be returned to us unpaid (Cashier Check bounced) Nov 25, 1998 Evertek calls Kent Nelson to inform him that the Cashier Check was not being honored. Kent informs Evertek that he is confused on why not and said he will contact his bank. Kent assures Evertek that the check was certified and will wire funds to Evertek. Nov 28, 1998 Evertek received check #3383 back from the bank and discovers that the check is a COMPANY CHECK with a stamp that says, Happy Beagle Certified (no, we're not kidding). Apparently Happy Beagle Marketing was another company name that Kent Nelson used as it was also a DBA on his company check. We call Kent Nelson to confront him with our finding and now he pleads ignorance by saying that he personally certifies his own checks. (as noted with the Happy Beagle stamp.) Evertek contacts First Federal Savings (309) 663-6340 (the Bank the check is drawn on), and speak to Mary Lou who confirms that they do not certify checks with a stampand that the Modems Unlimited account had a history of NSFs. Evertek places Modems Unlimited account on hold until payment for NSF check is received. Dec 1998 Kent Nelson wires monies to cover NSF checks. Account released off hold and payment terms changed to PREPAID wire transfer. Dec 1998 Action Parcel opens account with Evertek Owner stated as Marshall Werry on application. (becomes know by Evertek in May of 1999 that Action Parcel works with Modems Unlimited as a fulfillment center for Kent Nelsons internet businesses) Jan-July 1999 Evertek and Modems Unlimited continue doing good business and both are enjoying a healthy working relationship without any problems. Evertek reinstates COD terms. May 27th, 1999 Evertek notes that Action Parcel has a 3rd party relationship with Modems Unlimited as fulfillment center and on several occasions Evertek ships Modems Unlimited orders directly to Action Parcel as a convenience to Modems Unlimited. July 1999 Evertek structures a large sale of digital cameras totaling $82,804.29 to Modems Unlimited in which Kent Nelson agrees to pay with a series of 5 company checks that will be pre-sent to Evertek and that would be deposited at mutually agreed upon dates. Evertek ships digital cameras to Modems Unlimited. July 15, 1999 Evertek deposits 1st check #5865 for $16,560.84 July 22, 1999 Evertek deposits 2nd check #5866 for $16,560.84 July 29, 1999 Evertek deposits 3rd check #5867 for $16,560.84 Aug 5, 1999 Evertek deposits 4th check #5868 for $16,560.84 Aug 10 1999 Evertek receives courtesy call from our bank that check #5868 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Evertek calls Kent Nelson to inform him check did not clear and to take actions to ensure it clears upon 2nd presentation. Aug 30, 1999 Evertek deposits 5th check #5869 for $16,560.84 Sept 2, 1999 Evertek receives courtesy call from our bank that a second check #5869 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Sept 3, 1999 Evertek contacts Kent Nelson and Kent assures us that check will clear on 2nd presentation. Sept 8, 1999 Evertek gets official notification from our bank that check #5869 has been redeposited and check DOES clear upon second presentation. Sept 28, 1999 Check #5868 for $16,560.84 does NOT clear upon 2nd presentation so Evertek calls and emails Kent to request wire transfer payment to cover the NSF check. Sept 29, 1999 Modems Unlimited account is placed on HOLD pending payment of NSF check. Oct 1-31, 1999 Made numerous attempts to collect debt to cover Check #5868 for $16,560.84, but attempts are unsuccessful. Nov 3, 1999 Still attempting to collect on Check #5868 for $16,560.84 Nov 5, 1999 Receive email from Kent Nelson saying that he's working on a secondary credit line to cover the NSF. Nov 12, 1999 Receive email from Kent Nelson stating that he's days away from locking up the secondary credit line and thanks us for bearing with him. Nov 17, 1999 Evertek sends email to Kent asking status / no response. Nov 29, 1999 Evertek sends email to Kent asking status / no response. Dec 3, 1999 Evertek sends email to Kent asking for product back so we can retire the debt / no response. Dec 13, 1999 Evertek sends demand letter to recover debt from Check #5868 for $16,560.84 Dec 17, 1999 Evertek sends second proposal to get product back from Modems Unlimited so we can resell in order to retire the Modem Unlimited debt. / no action taken. Jan 6, 2000 Evertek emails on a repayment proposal to Modems Unlimited. / no response Jan 11, 2000 Kent complains that he is broke despite a busy internet business and re-negotiates repayment plan down to $200/wk. Evertek reluctantly accepts the plan as all other attempts to collect have been unsuccessful. With current plan, it will take 83 weeks (about 21 months) to retire the debt. Mar 27, 2000 Becomes apparent that Action Parcel is purchasing from Evertek FOR Modems Unlimited. Although this practice by Kent Nelson is ethically questionable (if you have enough to buy products through Action Parcel why can't you pay us the money you owe us?), we note the issue, but allow Action Parcel to continue buying. Aug 18, 2000 Unbeknownst to Evertek, Kent Nelson and his wife Janine (Happy Beagle Marketing, Inc) purchase Action Parcel from Marshall E. Werry and his wife Delores J. Werry for the sum of $125,000. The terms of the sale are based on monthly payments of $3941.03 per month from October 1, 2000 to August 1, 2005, and a final payment on September 1, 2005, in the amount of $25,000. Evertek is NOT notified about the ownership change by Marshall Werry nor Kent Nelson. Sept 2000 Modems Unlimited account remains on hold until NSF debt is retired. Jan 00-Feb 01 Receive $200/wk payments on a fairly regular basis, most payments on time although there are some instances where several weeks went by without a payment and Kent would double and triple up payments to remain on schedule. Nov 28, 2000 Evertek customer service rep gets an email from Marshall Werry stating that he is still receiving Evertek order confirmation emails to his email address [email protected] account although he is no longer the principal or affiliated in anyway with Action Parcel. Marshall gives us the email address for Andrew Hoffman [email protected] who is one of the new contacts at Action Parcel. Marshall Werry does NOT inform us that Kent Nelson is the new owner. Because there have been no negative issues with Action Parcel, the account is allowed to remain open during the account update process as we request the new owner information. Jan 2001 In a conversation with the Evertek sales rep, Action Parcel employee Andrew Hoffman accidentally lets it slip that Kent Nelson is now the new owner of Action Parcel. (Evertek sales rep reports finding to upper management) Jan 2001 Evertek contacts Marshall Werry to confirm that Kent Nelson is new owner. Marshall confirms and also mentions that Kent is behind on his payments to purchase the Action Parcel business. Jan 2001 Evertek reviews situation with their legal counsel to determine best way to protect current interest and collect outstanding Modems Unlimited debt in lieu of Kent Nelson's attempted deception involving the Action Parcel account. Had we know earlier that Kent Nelson owned Action Parcel we would have certainly put that account on HOLD until the Modems Unlimited debt was retired. Feb 28, 2001 Andrew Hoffman calls to request the return 440pcs of a 52x CD rom and to reorder 440pcs of a different brand CD Rom. Evertek agrees to take back the drives. (RMA 02281535 dated Feb 21, 2001) March 8, 2001 Action Parcel account put on HOLD pending investigation by our legal department. March 2001 Evertek credits Action Parcel returned CD Roms from RMA 02281535 for $9790.00 Action Parcel account remains on HOLD. April, 2001 End user complaints about Modems Unlimited continue to pour onto rating sites like resellerratings.com and ebay feedback. Rumors of FBI internet fraud investigation of Modems Unlimited begin to circulate. Apr 14, 2001 Evertek receives payment of $400 from Modems Unlimited, remaining balance $3815.84 (this is the last check Evertek receives on the NSF repayment agreement). Aug 6, 2002 Evertek makes random sales call to Action Parcel but finds phone number 309 663 2222 is disconnected. Credit balance of $9790 remains on Action Parcel account. Sept 27, 2002 Kent Nelson contacts Doug Allen (Marketing Manager) and now claims that he acquired Action Parcel a few months ago and would like to collect any outstanding balance due to them. Doug Allen asks Kent Nelson to FAX in documentation to prove that he acquired Action Parcel and at that time Evertek would calculate the interest on the debt, NSF fees, and reasonable collection fees associated with the Modems Unlimited NSF. At this point it had been over a year since we had received any payment from Modems Unlimited, and at no point prior to Sept 27, 2002 had Kent Nelson ever contacted Evertek as Action Parcel. Kent Nelson does NOT FAX in documentation to prove ownership. (This must be the conversation Kent Nelson talks about in ripoff.com where we ridicule him and tell him that we're going to STEAL his money. I can assure you that the conversation went exactly as it's stated in the above paragraph as I was the one in the conversation.) Apr 1, 2004 Kent Nelson contacts Doug Allen again to try and collect the Action Parcel balance. This time he references the postings he's made on ripoffreport.com. Again we ask him to provide the prove of ownership we requested 2 years earlier and this time he responds by FAXing in the ownership documents dated August 18, 2000. Not only did these documents prove that he was the owner of Action Parcel, but they also proved that he had knowledgably ordered from Evertek as Action Parcel at the same time his Modems Unlimited account remained on HOLD due to unpaid debt. Apr 7, 2004 Evertek overnights refund payment to Kent Nelson of the Action Parcel credit balance less unpaid the Modems Unlimited debt. May 2004 Evertek is contacted by the FBI regarding an ongoing investigating of Kent Nelson (fastmodems.com / Modems Unlimited) on charges relating to internet fraud. Evertek complies with document requests and answers all questions. Oct 2005 Evertek decides to post a rebuttal to Kent Nelson's accusations on ripoffreport.com in order to present the actual facts surrounding his accounts. Nov 2005 Evertek sets all time 3Q sales record and continues to provide their customers with highly profitable products, an easy-to-use website and an extremely courteous sales and support staff. Annual sales exceed $100Million and Evertek now shipping to over 100 countries worldwide.


Doug

Oceanside,
California,
U.S.A.
Rebuttal to Kent Nelson / Modems Unlimited

#8UPDATE Employee

Thu, December 08, 2005

Evertek welcomes websites like ripoff.com that allow individuals and companies speak openly about sales and customer service issues and allow each party to present their facts. Having been in business for over 15 years we've seen our share of fraudulent companies AND customers and realize that honesty and integrity are always the long term winners in these situations. We are also confident that readers of these forums are intelligent and can easily form reasonable opinions of truth when facts are presented from both sides. Freedom of speech awards all concerned parties the opportunity to express the truth. Thank you ripoffReport.com Our Rubuttal: The purpose of these document is to outline the series of events in which Evertek Computer Corporation was defrauded by Kent Nelson of Modems Unlimited / Action Parcel, and show that Evertek took legitimate legal actions to recoup monies owed by Kent Nelson. Evertek Background: Evertek is one of the world's largest wholesalers of closeout and excess computer systems, parts and consumer electronics. Evertek has been in business since 1990 and has an excellent standing with the Better Business Bureau, is listed as one of the countries TOP 25 Distributors by the VAR Business Magazine (#23 2005 ranking), and continues to be a well respected company by it's peers. We run our business with a high degree of integrity and wish to do business with companies who do the same. We do not possess a tolerance for those who wish to defraud our company or those who chose to act dishonestly in their business dealings with us. Evertek BBB History: BBB online will show that we have had 1 complaint filed in the last 12 months. It will also show there were 6 complaints filed in the last 36 months ALL have been resolved. Evertek sales for that 3 year period are close to $300Million. What Kent Nelson neglected to tell you: Mr. Nelson states that he feels our company had held his money without cause (as he phrases it, Our Sad Story), but he neglects to disclose that he provided us with BAD CHECKS, paid with FRAUDULENT CERTIFIED CHECKS, ordered from us under a FALSE IDENTITY and DEFAULTED on his payment plan he had agreed upon to pay his BAD DEBT. Microsoft Counterfeit Case against Kent Nelson: We are not alone in companies that have been affected by Kent Nelson's less than above board dealings as Microsoft filed an Internet piracy civil case against Happy Beagle Marketing (also known as Modems Unlimited) of Washington and Bloomington, Illinois, for alleged distribution of counterfeit Microsoft Office 97 Professional and Windows 98 through www.fastmodems.com. Civil case number 01-1145, in the Central District of Illinois, Peoria Division. http://www.microsoft.com/oem/piracy898.asp Kent Nelson Banned from Ebay / PayPal (FastModems.com / Modems Unlimited) Kent Nelson was banned from Ebay and PayPal. To see the true colors of Kent Nelson all one has to do is read the customer complaints on resellerratings.com http://www.resellerratings.com/seller1967.html FBI Internet Fraud Case against Kent Nelson (FastModems.com / Modems Unlimited) Although we do not have the exact details, it has been documented that the FBI had opened up an investigation of suspected Internet Fraud against Kent Nelson. We were contacted directly by the FBI, debriefed on the investigation and questioned in regards to the case. Others defrauded by Kent Nelson and his companies are encouraged to contact the FBI Internet Fraud Division to file an official complaint. http://www1.ifccfbi.gov/index.asp Below we'd like to outline the factual series of events to give readers OUR side of the story so they can better understand the steps we were forced to take in order to protect our interests and collect that debt that was owed to us by Kent Nelson. Sept 11 1998: Kent Nelson (Modems Unlimited) sets up an account with Evertek in September of 1998. Nov 5, 1998 Evertek ships Modem Unlimited order 34460 $23,403.72 with COD Cashiers Check terms. Nov 25, 1998 Evertek receives a courtesy call from our bank that check #3383 for $23,404.72 will be returned to us unpaid (Cashier Check bounced) Nov 25, 1998 Evertek calls Kent Nelson to inform him that the Cashier Check was not being honored. Kent informs Evertek that he is confused on why not and said he will contact his bank. Kent assures Evertek that the check was certified and will wire funds to Evertek. Nov 28, 1998 Evertek received check #3383 back from the bank and discovers that the check is a COMPANY CHECK with a stamp that says, Happy Beagle Certified (no, we're not kidding). Apparently Happy Beagle Marketing was another company name that Kent Nelson used as it was also a DBA on his company check. We call Kent Nelson to confront him with our finding and now he pleads ignorance by saying that he personally certifies his own checks. (as noted with the Happy Beagle stamp.) Evertek contacts First Federal Savings (309) 663-6340 (the Bank the check is drawn on), and speak to Mary Lou who confirms that they do not certify checks with a stampand that the Modems Unlimited account had a history of NSFs. Evertek places Modems Unlimited account on hold until payment for NSF check is received. Dec 1998 Kent Nelson wires monies to cover NSF checks. Account released off hold and payment terms changed to PREPAID wire transfer. Dec 1998 Action Parcel opens account with Evertek Owner stated as Marshall Werry on application. (becomes know by Evertek in May of 1999 that Action Parcel works with Modems Unlimited as a fulfillment center for Kent Nelsons internet businesses) Jan-July 1999 Evertek and Modems Unlimited continue doing good business and both are enjoying a healthy working relationship without any problems. Evertek reinstates COD terms. May 27th, 1999 Evertek notes that Action Parcel has a 3rd party relationship with Modems Unlimited as fulfillment center and on several occasions Evertek ships Modems Unlimited orders directly to Action Parcel as a convenience to Modems Unlimited. July 1999 Evertek structures a large sale of digital cameras totaling $82,804.29 to Modems Unlimited in which Kent Nelson agrees to pay with a series of 5 company checks that will be pre-sent to Evertek and that would be deposited at mutually agreed upon dates. Evertek ships digital cameras to Modems Unlimited. July 15, 1999 Evertek deposits 1st check #5865 for $16,560.84 July 22, 1999 Evertek deposits 2nd check #5866 for $16,560.84 July 29, 1999 Evertek deposits 3rd check #5867 for $16,560.84 Aug 5, 1999 Evertek deposits 4th check #5868 for $16,560.84 Aug 10 1999 Evertek receives courtesy call from our bank that check #5868 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Evertek calls Kent Nelson to inform him check did not clear and to take actions to ensure it clears upon 2nd presentation. Aug 30, 1999 Evertek deposits 5th check #5869 for $16,560.84 Sept 2, 1999 Evertek receives courtesy call from our bank that a second check #5869 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Sept 3, 1999 Evertek contacts Kent Nelson and Kent assures us that check will clear on 2nd presentation. Sept 8, 1999 Evertek gets official notification from our bank that check #5869 has been redeposited and check DOES clear upon second presentation. Sept 28, 1999 Check #5868 for $16,560.84 does NOT clear upon 2nd presentation so Evertek calls and emails Kent to request wire transfer payment to cover the NSF check. Sept 29, 1999 Modems Unlimited account is placed on HOLD pending payment of NSF check. Oct 1-31, 1999 Made numerous attempts to collect debt to cover Check #5868 for $16,560.84, but attempts are unsuccessful. Nov 3, 1999 Still attempting to collect on Check #5868 for $16,560.84 Nov 5, 1999 Receive email from Kent Nelson saying that he's working on a secondary credit line to cover the NSF. Nov 12, 1999 Receive email from Kent Nelson stating that he's days away from locking up the secondary credit line and thanks us for bearing with him. Nov 17, 1999 Evertek sends email to Kent asking status / no response. Nov 29, 1999 Evertek sends email to Kent asking status / no response. Dec 3, 1999 Evertek sends email to Kent asking for product back so we can retire the debt / no response. Dec 13, 1999 Evertek sends demand letter to recover debt from Check #5868 for $16,560.84 Dec 17, 1999 Evertek sends second proposal to get product back from Modems Unlimited so we can resell in order to retire the Modem Unlimited debt. / no action taken. Jan 6, 2000 Evertek emails on a repayment proposal to Modems Unlimited. / no response Jan 11, 2000 Kent complains that he is broke despite a busy internet business and re-negotiates repayment plan down to $200/wk. Evertek reluctantly accepts the plan as all other attempts to collect have been unsuccessful. With current plan, it will take 83 weeks (about 21 months) to retire the debt. Mar 27, 2000 Becomes apparent that Action Parcel is purchasing from Evertek FOR Modems Unlimited. Although this practice by Kent Nelson is ethically questionable (if you have enough to buy products through Action Parcel why can't you pay us the money you owe us?), we note the issue, but allow Action Parcel to continue buying. Aug 18, 2000 Unbeknownst to Evertek, Kent Nelson and his wife Janine (Happy Beagle Marketing, Inc) purchase Action Parcel from Marshall E. Werry and his wife Delores J. Werry for the sum of $125,000. The terms of the sale are based on monthly payments of $3941.03 per month from October 1, 2000 to August 1, 2005, and a final payment on September 1, 2005, in the amount of $25,000. Evertek is NOT notified about the ownership change by Marshall Werry nor Kent Nelson. Sept 2000 Modems Unlimited account remains on hold until NSF debt is retired. Jan 00-Feb 01 Receive $200/wk payments on a fairly regular basis, most payments on time although there are some instances where several weeks went by without a payment and Kent would double and triple up payments to remain on schedule. Nov 28, 2000 Evertek customer service rep gets an email from Marshall Werry stating that he is still receiving Evertek order confirmation emails to his email address [email protected] account although he is no longer the principal or affiliated in anyway with Action Parcel. Marshall gives us the email address for Andrew Hoffman [email protected] who is one of the new contacts at Action Parcel. Marshall Werry does NOT inform us that Kent Nelson is the new owner. Because there have been no negative issues with Action Parcel, the account is allowed to remain open during the account update process as we request the new owner information. Jan 2001 In a conversation with the Evertek sales rep, Action Parcel employee Andrew Hoffman accidentally lets it slip that Kent Nelson is now the new owner of Action Parcel. (Evertek sales rep reports finding to upper management) Jan 2001 Evertek contacts Marshall Werry to confirm that Kent Nelson is new owner. Marshall confirms and also mentions that Kent is behind on his payments to purchase the Action Parcel business. Jan 2001 Evertek reviews situation with their legal counsel to determine best way to protect current interest and collect outstanding Modems Unlimited debt in lieu of Kent Nelson's attempted deception involving the Action Parcel account. Had we know earlier that Kent Nelson owned Action Parcel we would have certainly put that account on HOLD until the Modems Unlimited debt was retired. Feb 28, 2001 Andrew Hoffman calls to request the return 440pcs of a 52x CD rom and to reorder 440pcs of a different brand CD Rom. Evertek agrees to take back the drives. (RMA 02281535 dated Feb 21, 2001) March 8, 2001 Action Parcel account put on HOLD pending investigation by our legal department. March 2001 Evertek credits Action Parcel returned CD Roms from RMA 02281535 for $9790.00 Action Parcel account remains on HOLD. April, 2001 End user complaints about Modems Unlimited continue to pour onto rating sites like resellerratings.com and ebay feedback. Rumors of FBI internet fraud investigation of Modems Unlimited begin to circulate. Apr 14, 2001 Evertek receives payment of $400 from Modems Unlimited, remaining balance $3815.84 (this is the last check Evertek receives on the NSF repayment agreement). Aug 6, 2002 Evertek makes random sales call to Action Parcel but finds phone number 309 663 2222 is disconnected. Credit balance of $9790 remains on Action Parcel account. Sept 27, 2002 Kent Nelson contacts Doug Allen (Marketing Manager) and now claims that he acquired Action Parcel a few months ago and would like to collect any outstanding balance due to them. Doug Allen asks Kent Nelson to FAX in documentation to prove that he acquired Action Parcel and at that time Evertek would calculate the interest on the debt, NSF fees, and reasonable collection fees associated with the Modems Unlimited NSF. At this point it had been over a year since we had received any payment from Modems Unlimited, and at no point prior to Sept 27, 2002 had Kent Nelson ever contacted Evertek as Action Parcel. Kent Nelson does NOT FAX in documentation to prove ownership. (This must be the conversation Kent Nelson talks about in ripoff.com where we ridicule him and tell him that we're going to STEAL his money. I can assure you that the conversation went exactly as it's stated in the above paragraph as I was the one in the conversation.) Apr 1, 2004 Kent Nelson contacts Doug Allen again to try and collect the Action Parcel balance. This time he references the postings he's made on ripoffreport.com. Again we ask him to provide the prove of ownership we requested 2 years earlier and this time he responds by FAXing in the ownership documents dated August 18, 2000. Not only did these documents prove that he was the owner of Action Parcel, but they also proved that he had knowledgably ordered from Evertek as Action Parcel at the same time his Modems Unlimited account remained on HOLD due to unpaid debt. Apr 7, 2004 Evertek overnights refund payment to Kent Nelson of the Action Parcel credit balance less unpaid the Modems Unlimited debt. May 2004 Evertek is contacted by the FBI regarding an ongoing investigating of Kent Nelson (fastmodems.com / Modems Unlimited) on charges relating to internet fraud. Evertek complies with document requests and answers all questions. Oct 2005 Evertek decides to post a rebuttal to Kent Nelson's accusations on ripoffreport.com in order to present the actual facts surrounding his accounts. Nov 2005 Evertek sets all time 3Q sales record and continues to provide their customers with highly profitable products, an easy-to-use website and an extremely courteous sales and support staff. Annual sales exceed $100Million and Evertek now shipping to over 100 countries worldwide.


Doug

Oceanside,
California,
U.S.A.
Rebuttal to Kent Nelson / Modems Unlimited

#9UPDATE Employee

Thu, December 08, 2005

Evertek welcomes websites like ripoffReport.com that allow individuals and companies speak openly about sales and customer service issues and allow each party to present their facts. Having been in business for over 15 years we've seen our share of fraudulent companies AND customers and realize that honesty and integrity are always the long term winners in these situations. We are also confident that readers of these forums are intelligent and can easily form reasonable opinions of truth when facts are presented from both sides. Freedom of speech awards all concerned parties the opportunity to express the truth. Thank you ripoff.com Our Rubuttal: The purpose of these document is to outline the series of events in which Evertek Computer Corporation was defrauded by Kent Nelson of Modems Unlimited / Action Parcel, and show that Evertek took legitimate legal actions to recoup monies owed by Kent Nelson. Evertek Background: Evertek is one of the world's largest wholesalers of closeout and excess computer systems, parts and consumer electronics. Evertek has been in business since 1990 and has an excellent standing with the Better Business Bureau, is listed as one of the countries TOP 25 Distributors by the VAR Business Magazine (#23 2005 ranking), and continues to be a well respected company by it's peers. We run our business with a high degree of integrity and wish to do business with companies who do the same. We do not possess a tolerance for those who wish to defraud our company or those who chose to act dishonestly in their business dealings with us. Evertek BBB History: BBB online will show that we have had 1 complaint filed in the last 12 months. It will also show there were 6 complaints filed in the last 36 months ALL have been resolved. Evertek sales for that 3 year period are close to $300Million. What Kent Nelson neglected to tell you: Mr. Nelson states that he feels our company had held his money without cause (as he phrases it, Our Sad Story), but he neglects to disclose that he provided us with BAD CHECKS, paid with FRAUDULENT CERTIFIED CHECKS, ordered from us under a FALSE IDENTITY and DEFAULTED on his payment plan he had agreed upon to pay his BAD DEBT. Microsoft Counterfeit Case against Kent Nelson: We are not alone in companies that have been affected by Kent Nelson's less than above board dealings as Microsoft filed an Internet piracy civil case against Happy Beagle Marketing (also known as Modems Unlimited) of Washington and Bloomington, Illinois, for alleged distribution of counterfeit Microsoft Office 97 Professional and Windows 98 through www.fastmodems.com. Civil case number 01-1145, in the Central District of Illinois, Peoria Division. http://www.microsoft.com/oem/piracy898.asp Kent Nelson Banned from Ebay / PayPal (FastModems.com / Modems Unlimited) Kent Nelson was banned from Ebay and PayPal. To see the true colors of Kent Nelson all one has to do is read the customer complaints on resellerratings.com http://www.resellerratings.com/seller1967.html FBI Internet Fraud Case against Kent Nelson (FastModems.com / Modems Unlimited) Although we do not have the exact details, it has been documented that the FBI had opened up an investigation of suspected Internet Fraud against Kent Nelson. We were contacted directly by the FBI, debriefed on the investigation and questioned in regards to the case. Others defrauded by Kent Nelson and his companies are encouraged to contact the FBI Internet Fraud Division to file an official complaint. http://www1.ifccfbi.gov/index.asp Below we'd like to outline the factual series of events to give readers OUR side of the story so they can better understand the steps we were forced to take in order to protect our interests and collect that debt that was owed to us by Kent Nelson. Sept 11 1998: Kent Nelson (Modems Unlimited) sets up an account with Evertek in September of 1998. Nov 5, 1998 Evertek ships Modem Unlimited order 34460 $23,403.72 with COD Cashiers Check terms. Nov 25, 1998 Evertek receives a courtesy call from our bank that check #3383 for $23,404.72 will be returned to us unpaid (Cashier Check bounced) Nov 25, 1998 Evertek calls Kent Nelson to inform him that the Cashier Check was not being honored. Kent informs Evertek that he is confused on why not and said he will contact his bank. Kent assures Evertek that the check was certified and will wire funds to Evertek. Nov 28, 1998 Evertek received check #3383 back from the bank and discovers that the check is a COMPANY CHECK with a stamp that says, Happy Beagle Certified (no, we're not kidding). Apparently Happy Beagle Marketing was another company name that Kent Nelson used as it was also a DBA on his company check. We call Kent Nelson to confront him with our finding and now he pleads ignorance by saying that he personally certifies his own checks. (as noted with the Happy Beagle stamp.) Evertek contacts First Federal Savings (309) 663-6340 (the Bank the check is drawn on), and speak to Mary Lou who confirms that they do not certify checks with a stampand that the Modems Unlimited account had a history of NSFs. Evertek places Modems Unlimited account on hold until payment for NSF check is received. Dec 1998 Kent Nelson wires monies to cover NSF checks. Account released off hold and payment terms changed to PREPAID wire transfer. Dec 1998 Action Parcel opens account with Evertek Owner stated as Marshall Werry on application. (becomes know by Evertek in May of 1999 that Action Parcel works with Modems Unlimited as a fulfillment center for Kent Nelsons internet businesses) Jan-July 1999 Evertek and Modems Unlimited continue doing good business and both are enjoying a healthy working relationship without any problems. Evertek reinstates COD terms. May 27th, 1999 Evertek notes that Action Parcel has a 3rd party relationship with Modems Unlimited as fulfillment center and on several occasions Evertek ships Modems Unlimited orders directly to Action Parcel as a convenience to Modems Unlimited. July 1999 Evertek structures a large sale of digital cameras totaling $82,804.29 to Modems Unlimited in which Kent Nelson agrees to pay with a series of 5 company checks that will be pre-sent to Evertek and that would be deposited at mutually agreed upon dates. Evertek ships digital cameras to Modems Unlimited. July 15, 1999 Evertek deposits 1st check #5865 for $16,560.84 July 22, 1999 Evertek deposits 2nd check #5866 for $16,560.84 July 29, 1999 Evertek deposits 3rd check #5867 for $16,560.84 Aug 5, 1999 Evertek deposits 4th check #5868 for $16,560.84 Aug 10 1999 Evertek receives courtesy call from our bank that check #5868 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Evertek calls Kent Nelson to inform him check did not clear and to take actions to ensure it clears upon 2nd presentation. Aug 30, 1999 Evertek deposits 5th check #5869 for $16,560.84 Sept 2, 1999 Evertek receives courtesy call from our bank that a second check #5869 for $16,560.84 has not cleared upon first presentation, but bank will redeposit. Sept 3, 1999 Evertek contacts Kent Nelson and Kent assures us that check will clear on 2nd presentation. Sept 8, 1999 Evertek gets official notification from our bank that check #5869 has been redeposited and check DOES clear upon second presentation. Sept 28, 1999 Check #5868 for $16,560.84 does NOT clear upon 2nd presentation so Evertek calls and emails Kent to request wire transfer payment to cover the NSF check. Sept 29, 1999 Modems Unlimited account is placed on HOLD pending payment of NSF check. Oct 1-31, 1999 Made numerous attempts to collect debt to cover Check #5868 for $16,560.84, but attempts are unsuccessful. Nov 3, 1999 Still attempting to collect on Check #5868 for $16,560.84 Nov 5, 1999 Receive email from Kent Nelson saying that he's working on a secondary credit line to cover the NSF. Nov 12, 1999 Receive email from Kent Nelson stating that he's days away from locking up the secondary credit line and thanks us for bearing with him. Nov 17, 1999 Evertek sends email to Kent asking status / no response. Nov 29, 1999 Evertek sends email to Kent asking status / no response. Dec 3, 1999 Evertek sends email to Kent asking for product back so we can retire the debt / no response. Dec 13, 1999 Evertek sends demand letter to recover debt from Check #5868 for $16,560.84 Dec 17, 1999 Evertek sends second proposal to get product back from Modems Unlimited so we can resell in order to retire the Modem Unlimited debt. / no action taken. Jan 6, 2000 Evertek emails on a repayment proposal to Modems Unlimited. / no response Jan 11, 2000 Kent complains that he is broke despite a busy internet business and re-negotiates repayment plan down to $200/wk. Evertek reluctantly accepts the plan as all other attempts to collect have been unsuccessful. With current plan, it will take 83 weeks (about 21 months) to retire the debt. Mar 27, 2000 Becomes apparent that Action Parcel is purchasing from Evertek FOR Modems Unlimited. Although this practice by Kent Nelson is ethically questionable (if you have enough to buy products through Action Parcel why can't you pay us the money you owe us?), we note the issue, but allow Action Parcel to continue buying. Aug 18, 2000 Unbeknownst to Evertek, Kent Nelson and his wife Janine (Happy Beagle Marketing, Inc) purchase Action Parcel from Marshall E. Werry and his wife Delores J. Werry for the sum of $125,000. The terms of the sale are based on monthly payments of $3941.03 per month from October 1, 2000 to August 1, 2005, and a final payment on September 1, 2005, in the amount of $25,000. Evertek is NOT notified about the ownership change by Marshall Werry nor Kent Nelson. Sept 2000 Modems Unlimited account remains on hold until NSF debt is retired. Jan 00-Feb 01 Receive $200/wk payments on a fairly regular basis, most payments on time although there are some instances where several weeks went by without a payment and Kent would double and triple up payments to remain on schedule. Nov 28, 2000 Evertek customer service rep gets an email from Marshall Werry stating that he is still receiving Evertek order confirmation emails to his email address [email protected] account although he is no longer the principal or affiliated in anyway with Action Parcel. Marshall gives us the email address for Andrew Hoffman [email protected] who is one of the new contacts at Action Parcel. Marshall Werry does NOT inform us that Kent Nelson is the new owner. Because there have been no negative issues with Action Parcel, the account is allowed to remain open during the account update process as we request the new owner information. Jan 2001 In a conversation with the Evertek sales rep, Action Parcel employee Andrew Hoffman accidentally lets it slip that Kent Nelson is now the new owner of Action Parcel. (Evertek sales rep reports finding to upper management) Jan 2001 Evertek contacts Marshall Werry to confirm that Kent Nelson is new owner. Marshall confirms and also mentions that Kent is behind on his payments to purchase the Action Parcel business. Jan 2001 Evertek reviews situation with their legal counsel to determine best way to protect current interest and collect outstanding Modems Unlimited debt in lieu of Kent Nelson's attempted deception involving the Action Parcel account. Had we know earlier that Kent Nelson owned Action Parcel we would have certainly put that account on HOLD until the Modems Unlimited debt was retired. Feb 28, 2001 Andrew Hoffman calls to request the return 440pcs of a 52x CD rom and to reorder 440pcs of a different brand CD Rom. Evertek agrees to take back the drives. (RMA 02281535 dated Feb 21, 2001) March 8, 2001 Action Parcel account put on HOLD pending investigation by our legal department. March 2001 Evertek credits Action Parcel returned CD Roms from RMA 02281535 for $9790.00 Action Parcel account remains on HOLD. April, 2001 End user complaints about Modems Unlimited continue to pour onto rating sites like resellerratings.com and ebay feedback. Rumors of FBI internet fraud investigation of Modems Unlimited begin to circulate. Apr 14, 2001 Evertek receives payment of $400 from Modems Unlimited, remaining balance $3815.84 (this is the last check Evertek receives on the NSF repayment agreement). Aug 6, 2002 Evertek makes random sales call to Action Parcel but finds phone number 309 663 2222 is disconnected. Credit balance of $9790 remains on Action Parcel account. Sept 27, 2002 Kent Nelson contacts Doug Allen (Marketing Manager) and now claims that he acquired Action Parcel a few months ago and would like to collect any outstanding balance due to them. Doug Allen asks Kent Nelson to FAX in documentation to prove that he acquired Action Parcel and at that time Evertek would calculate the interest on the debt, NSF fees, and reasonable collection fees associated with the Modems Unlimited NSF. At this point it had been over a year since we had received any payment from Modems Unlimited, and at no point prior to Sept 27, 2002 had Kent Nelson ever contacted Evertek as Action Parcel. Kent Nelson does NOT FAX in documentation to prove ownership. (This must be the conversation Kent Nelson talks about in ripoff.com where we ridicule him and tell him that we're going to STEAL his money. I can assure you that the conversation went exactly as it's stated in the above paragraph as I was the one in the conversation.) Apr 1, 2004 Kent Nelson contacts Doug Allen again to try and collect the Action Parcel balance. This time he references the postings he's made on ripoffreport.com. Again we ask him to provide the prove of ownership we requested 2 years earlier and this time he responds by FAXing in the ownership documents dated August 18, 2000. Not only did these documents prove that he was the owner of Action Parcel, but they also proved that he had knowledgably ordered from Evertek as Action Parcel at the same time his Modems Unlimited account remained on HOLD due to unpaid debt. Apr 7, 2004 Evertek overnights refund payment to Kent Nelson of the Action Parcel credit balance less unpaid the Modems Unlimited debt. May 2004 Evertek is contacted by the FBI regarding an ongoing investigating of Kent Nelson (fastmodems.com / Modems Unlimited) on charges relating to internet fraud. Evertek complies with document requests and answers all questions. Oct 2005 Evertek decides to post a rebuttal to Kent Nelson's accusations on ripoffreport.com in order to present the actual facts surrounding his accounts. Nov 2005 Evertek sets all time 3Q sales record and continues to provide their customers with highly profitable products, an easy-to-use website and an extremely courteous sales and support staff. Annual sales exceed $100Million and Evertek now shipping to over 100 countries worldwide.


Cindy

Carlsbad,
California,
U.S.A.
Please tell the whole story!

#10Consumer Comment

Fri, March 04, 2005

Unfortunately, the author who submitted this report isn't telling the whole story. If they had read the purchase agreement, which is clearly posted on the web site, it clearly states that credit will be issued for returned merchandise and not cash refunds. I can understand why this customer might be upset but we all learn at one time or another to "Read the agreement or fine print." If you don't like the conditions, don't make the purchase! Especially when it involves large sums of money.

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