| Rick Shaddock 806 North 4th Street Fairfield, Iowa |
08-09-10 |
Plum Grove L.L.L. Fairfield, Iowa 641-919-3626 |
| Rick |
Rick's commentary |
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| I am in receipt of your two notes, email, and several phone messages. I have had to spend much time on the legalities of the situation that you have created, and that you continue to worsen with each message, written and verbal | Mickey created the situation by overcharging, not communicating, being fired from the job, and not returning the $2500 | |
| You delayed the project (after 50% deposit) I informed you I would be willing to work with you in returning the majority of the deposit minus a reasonable consulting fee for time spent thus far. | 3 hrs x $25 (Mickey's hourly rate) = $75 is reasonable | |
| I informed you I had already spent the deposit on your materials and expenses | Baloney. What materials do you need to dig a hole? Show me the receipts! | |
| Thus repayment would be spotty and slow | Unacceptable | |
| You did not have a problem with this at that time. | Yes I did | |
| Your intent to hire the Amish forced me to seek legal advice. | They can do the job, digging with shovels, for 1/2 the price of Mickey with a machine | |
| My initial response in settling this matter was more than reasonable or even legally required since you are in Breach of Contract. | We had no written contract. It is my right to fire Mickey before the work begins | |
| Your final note that this project is delayed until next year or sooner, entitles me legally to maintain the full deposit until the project resumes. | No, it doesn't Mickey. You're fired. Pay back the $2500 | |
| However in consideration of your conduct thus far, you have destroyed any possibility of a working relationship between us. | No, Mickey's conduct has destroyed the working relationship. | |
| I have not harassed, threatened, or harmed you in any way personally, or from a business standpoint. | Neither have I. | |
| I responded to your initial delay and request with in a short and reasonable time with favorable results for you and unfavorable results for me and my business, to which you were in agreement. | It took Mickey over a month to respond. I did not agree to wait until "whenever" to get my money back |
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| You have continued to leave messages with your various changes and preferences, including threats to me and my ability to continue business in this town. | I offered other ways for Mickey to pay back the money by doing work on other projects at my house, but he declined. I have made no threats. I am entitled to tell other people of my experience with Mickey. | |
| I here in demand that you cease and desist from further actions regarding this matter including but not limited to your proposed defamation of character. | I am free to pursue collections. Mickey defames his own character |
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| Any Small Claims or other legal action you bring forth, I will, as is legally allowed, Counter Claim and ask that Judgment be found against you for Breach of Contract in the full amount of $2500.00, additionally, any and all legal fees, including but not limited to Attorney Fees and Court Costs be paid by you, as well as reimbursement for time lost in my having to deal with this matter. | Bring it on Mickey! You have no
case. What about my lost time in this matter? |
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| As a person and businessman with integrity and understanding, | As a dirt man | |
| I am willing to continue as I originally proposed, to refund to you the deposit minus a reasonable fee for my time thus far, that being $300.00. | This would be fine if Mickey did it on 08-09-10, but that was almost a month ago. | |
| The refunding of the balance of $2200.00 will arrive to you in unscheduled amounts and times but will arrive as my business finances will allow me to repay you. | We need a fixed schedule. This is so nebulous that it could take forever. | |
| A check for the sum of $100.00 accepted by you here in substantiates you are willing to accept my repayment of $2200.00 in total, as stated in the paragraph above. | No it doesn't. I don't agree to
that. I am taking the $100 and you owe $2400 now. |
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| Sincerely, Mickey Elston, Leslie Lane, cc: Tom Pryor |
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Check 1016 from Plum Grove for $100, first payment
including helpful information for Garnishment of Bank Account