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RCP Inner circle Two Minnie's in The Hell's Half Acre, The Republic of Texas 2182 Posts |
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On Nov 24, 2017, thefliss wrote: In the United States, mail and wire fraud is any fraudulent scheme to intentionally deprive another of property or honest services via mail or wire communication. It has been a federal crime in the United States since 1872. |
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videoman Inner circle 6732 Posts |
I quit because honestly the effects weren't that good IMO. I've only used a couple of them and even then it's rarely and none of them are favorites.
I held out hope for a home run but it never happened. I'd rather spend $300 on one really good thing I love than a dozen mediocre things I never use. |
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thefliss Regular user 102 Posts |
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On Dec 7, 2017, RCP wrote: Yes, but how do we get action on this? Alternatively, an interested attorney could get a group of us together that didn't get paid-for effects. |
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RCP Inner circle Two Minnie's in The Hell's Half Acre, The Republic of Texas 2182 Posts |
File a complaint with the fraud department of the Attorney General for NJ, send a copy of the complaint by registered mail to Ted at Martinka.
https://www.fraudguides.com/report/new-jersey/ He want like what comes next. |
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Mad Jake Inner circle All the voices in my head helped me make 2197 Posts |
If Ted is delivering products to subscribers and some are waiting, there is no intent of fraud on his behalf, just poor management of the business. If Ted is billing your subscription to PayPal, simply go to your Subscription list in PayPal and cancel the subscription. If you are owed money or product, Ted will have to definitely produce one or the other. A beta release of a product that works with some and not for others, means Ted has to go back to the drawing board. As a programmer I understand this as "Real World Conditions" does not a release will work for everyone. If this is the case, Ted should rightly do a recall or at least keep members up to date. My father has done business with Ted and never had a harsh word to say about him.
Machining can be tough work, and those who no longer want to wait should opt out of the subscription service, either with complaints to PayPal or your Credit Card company. Filing a complant with the AG will require intent of fraud to be considered and since he is delivering slowly, that doesn't show intent to defraud.
Licensed Steve Dusheck Manufacturer and distributor visit www.airshipmagic.com
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martinka New user 67 Posts |
Hi thefliss, we would be happy to assist you however, we do not know who you are.
When you PM'd another member here, he also told you we would assist if you would provide your contact info, but he did not hear back from you. Please PM us here with your info and we will do our best to get you what you want. We are very sorry for any aggravation caused. As Jake indicated above, you can control your subscription from your paypal account, just visit the subscription page. As we suggest in our members only page, you can also stop the paypal payments at anytime and still maintain an active club membership account and some folks have chosen to do that. From our side, unfortunately, paypal does not give us the option to change the payment frequency or pause a subscription. On another note, we have some good news regarding club shipments for 2018, this month we will be shipping a double release with two effects that have been in the works for a while. Following that will be one that we believe utilizes a principle not used before in coin magic. So, some exciting stuff is coming up. Keep an eye on the member's only page for updates. |
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RCP Inner circle Two Minnie's in The Hell's Half Acre, The Republic of Texas 2182 Posts |
DEFINITION of 'Wire Fraud'
A situation where a person concocts a scheme to defraud or obtain money based on false representation or promises. This criminal act is done using electronic communications or an interstate communications facility. Note: FALSE REPRESENTATIONS OR PROMISES |
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Mad Jake Inner circle All the voices in my head helped me make 2197 Posts |
You seem to have trouble understanding there is no fraud with Ted or Martina. Ted is an upstanding person in the magic community. He hasn't asked me to say this, it's fact.
He's mad no false representation or promises. Can you show us a contract that says "We Promise". Ted is delivering, and I have seen some of his work that has been delayed and it's a machining issue. It's life, it happens and as a machinist I can sympathize with both Ted and the subscribers. But there is not intent of fraud. Subscribers are in control of their subscriptions. Unless you are a creator or machines, again until it gets into the real world situation anything can happen after a release. RCP your definition does not fit the situation. If hearing this upsets you I would suggest you quit using Google and to an attorney to learn what Fraud really is and Ted or his company does not fall under fraud. Also claiming publicly that Ted or Martina is guilty of fraud, could be considered Slander. Ted, keep up the good work and I retract bad businessman remark, you are an asset to the community. Some of the subscribers are not familiar what machining involves. promise 1) n. a firm agreement to perform an act, refrain from acting or make a payment or delivery. In contract law, if the parties exchange promises, each promise is "consideration" (a valuable item) for the other promise. Failure to fulfill a promise in a contract is a breach of the contract, for which the other party may sue for performance and/or damages. 2) v. to make a firm agreement to act, refrain from acting or make a payment or delivery. Ted is making shipments to people so he is legally keeping his promise to deliver, if he is running behind he's not breaking a "Promise". Jake Jr.
Licensed Steve Dusheck Manufacturer and distributor visit www.airshipmagic.com
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emyers99 Inner circle Columbus, Ohio 4739 Posts |
I just got a shipping notice. Looks like TWO new releases are on the way
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RCP Inner circle Two Minnie's in The Hell's Half Acre, The Republic of Texas 2182 Posts |
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On Feb 3, 2018, Mad Jake wrote: From his site: "Join Today - Unique Coin Effects Delivered Monthly! Just $29.95 per month (plus s&h)!" Note: "delivered monthly!" his words not mine. https://www.martinka.com/martinka-coin-club/ It's wire fraud plan and simple. At least in my case Ted did refund to me the balance of the many months of undelivered items. If others wish to keep paying and waiting it's none of my concern but the poster I responded to was not as lucky as I. Ted had become non-responsive to him. I pointed out to him the way to proceed to get a refund from Ted. I don't need a lecture from you about Ted's failed promises or poor business practices. It's his fault that he is in this situation. |
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aechecop Regular user 117 Posts |
I have sent Martinka 2 emails, one through the ´CONTACT´ section within their web page and another as a response to one of their still arriving coin offers via email.
Both attempts were an attempt to get an explanation for the recurring charges and no shipments, requesting a full refund for the non shipped merchandise. I haven't received any response yet, 2 weeks into the waiting. Anyone has a better was to get a response from Martinka and the persona in charge? Many thanks |
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RCP Inner circle Two Minnie's in The Hell's Half Acre, The Republic of Texas 2182 Posts |
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On Feb 12, 2018, aechecop wrote: File a complaint with PayPal and with the New jersey Attorney General. He will play you as long as you go along with the constant excuses and lies. Dishonest is a nice term for this Ponzi scheme. Frankly most of the effects are crap anyway. RUN!!!!!! |
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emyers99 Inner circle Columbus, Ohio 4739 Posts |
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On Feb 4, 2018, emyers99 wrote: Wishful thinking on my part. 24 days later and nothing has arrived yet. Even odder, I got the shipping notice twice. |
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hektormagic Veteran user 349 Posts |
What’s wrong with Martinka? I bough Hole 3.0 from penguinmagic.com and Supersized KFC coins from mymagic.com and really like these effects by Ted Bogusta so decided to buy more of his creations directly from martinka.com. For the beginning I decide to purchase Confusion and Quarkey about 3 months ago. I received an email that the order was sent and a tracking number. I still not received it and wrote 3 times to Martinka (via email and also their contact form in the website). One month I didn’t received even an reply!!? How is possible that...
What should I do? And can someone tell are these effects are good.
Creator of the Monster Card, Multi Lock, Mystery Calendar, Houdini Spirit Board, Houdini Pendulum, Houdini House Spirit Set, UniPeek, Love Connection and Mental Card.
Find more on my website: http://hektormagic.com/products |
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emyers99 Inner circle Columbus, Ohio 4739 Posts |
Got the two new releases yesterday. As always, the gummicks are top notch. I’ve only had time to skim but one of the routines has potential. It’s an oil and water routine using two dimes and two pennies. What I like best is that it’s a three phase routine. So unlike most of the releases thus far, this is more than just a quick hitter. It’s an actual routine. The other routine is a double karate coin effect using a half dollar and an english penny. Instructions are a bit unclear so I’ll need to watch the vid to see what it looks like.
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hektormagic Veteran user 349 Posts |
You are in USA and receive them after one month!? So looks like the deliveries from martinka are very slow!? I waiting my 3 months and still nothing... They even don’t respond to my messages...
Creator of the Monster Card, Multi Lock, Mystery Calendar, Houdini Spirit Board, Houdini Pendulum, Houdini House Spirit Set, UniPeek, Love Connection and Mental Card.
Find more on my website: http://hektormagic.com/products |
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Judah Vee Special user of the JV Naughty Vanish.... 884 Posts |
I have received no notice of shipping, no response to emails, they don't answer the phone, my request for a refund has not been answered in four emails. I am very disappointed in the business practice they have chosen. So this is my last effort to contact them before I contact paypal to open a claim and seek legal action. This really is unacceptable. 13 deliveries out of 35 payments is ridiculous. That means they have over 600 dollars of mine. (And before you ask, I was being hopeful, that's why I didn't cancel until now)
Hopefully it will not need to go as far as all of that, but their lack of response in not really giving me hope.
I don't care how fast or slow you are.... As long as I am faster.. -J-
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videoman Inner circle 6732 Posts |
Oddly, Ted seems to respond to posts here better than direct emails or phone calls.
So hopefully he will be in touch with you soon. As far as delays, I do know that Meir Yedid is keeping Ted busy with orders. I guess he figures since he's so late with the club releases anyway, what's a little longer. Then he takes Meir's money and works on his stuff. Either that, or he's still trying to come up with something new for the next release. Apparently he's not going to throw in the towel himself as long as there are enough club members willing to keep on paying and waiting. Of course, he may now depend on the money from club members each month to keep the business going. I really don't mean to sound harsh but I just can't believe how far out of hand this has gotten. Obviously this business model is not working and needs to be adjusted, at least to a quarterly format if not abandoned entirely. |
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Judah Vee Special user of the JV Naughty Vanish.... 884 Posts |
And I had a message from Martinka on the 28th of March that had given me hope. But now I feel ignored again. I believe I have no other recourse then to report them to PayPal and seek legal advice. I had hoped not to have to go down this road but I see that they do not care for their customers. I may never see the over $600 owed to me, but I can do what I can to stop them from doing it to others.
-J-
I don't care how fast or slow you are.... As long as I am faster.. -J-
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Cpontz Special user Daupin PA 553 Posts |
I haven't't recieved any shipments in about a year. I also didn't get last two shipments as listed on my account and the tracking numbers didn't work. I have emailed numerous times but don't get any response. I just tried to check account again on website, but got a gateway error and website did not come up. Please let me know if anybody figures out how to get this resolved.
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