• Report: #1139153

Complaint Review: Home Theater and Design

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  • Submitted: Tue, April 15, 2014
  • Updated: Tue, April 15, 2014

  • Reported By: snyderkv — San Diego California
Home Theater and Design
13309 Fox Glove St Winter Garden , Florida USA

Home Theater and Design by Kevin McEvoy and Cathy McEvoy aka white collar criminals who stole $3,076 from me. Winter Garden Florida

*Author of original report: Correction to accountant info

*Author of original report: Kevin McEvoy and his wife Cathy McEvoy of Home Theater and Design ,htdtheater.com, are white collar criminals who stole $3,076 from me ,corrected accountant info

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Kevin McEvoy and his wife Cathy McEvoy are white collar criminals who stole $3,076 from me as proven through out this RipOff report via email quotes with dates and times of our conversations.

Kevin McEvoy is a distributor who acts as a middle man purchasing electronics from dealers with your cash that he stores in a reserve account. He receives the item and warranty and then ships to your door usually at discounts that scream B stock merchandise.

Kevin has refused to answer over 6 months of emails and phone calls regarding closing my account balance. He has acknowledged me having an account balance via three emails on Nov 19th 2013 11:16am quoting "We offer store credit and I will be happy to give you an accounting on your unused funds" So he acknowledges that I have store credit but isn't it ilegal to refuse returning unused funds from a reserve account to customers? At this point everything is fine until I keep questioning his ability to indefinately hold my funds as store credit. He shortly falls off the grid for ~6 months and to this day. His emails have been read and opened according to my software email tracker. I know for how long and from what IP Address he read these emails from.

How much of my unused funds in accounting? His accountant Alicia Sarafan confirmed my account balance of $4373 via email on 11/15/13 and Kevin was copied but Kevin McEvoy has yet to respond regarding closing my account by either sending me my money back for un purchased goods or simply allowing me to purchase items so that I can sell them and recoup some money. Anyone can see from the emails I kept, just how immature and mentally unstable this person can become when questioned or pushed for your money back.

He also lied about placing orders with Jesse (the dealer) at DNP. For instance, when I questioned Kevin about the legality of indefinately keeping my funds as store credit he said in his email written on Nov 19 2013 1:17pm "speak with my attorney about ordering custom built video screens and cancelling them" However, he is contradicted by an email from Jesse from DNP on Nov 19 2013 quote "There is no transaction between dnp and Kevin". Jesse also goes on to say that the custom dnp screen was never ordered or built therefore, contradicting what Kevin said regarding cancellation fees. If nothing was ordered and built then nothing was cancelled and I should not incure any fees. Again, how much? Nothing in writing. Being caught in a total lie, he quickly referred me to his lawyer and stopped all communications almost 6 months ago ignoring my emails and phone messages again which I know he read, from where and for how long he read them.

Losing his credibility shows me that he is willing to go to great lengths including stealing and lieing in court. The only problem is, I'm in CA and he's in FL so I can't take him to small claims and limited civil cases won't touch this because $3076 is too little and may end up costing me more than he owes me. What am I suppose to do? A layer told me he probably spent the money which is why he's ignoring me. Is my money that I earned working in Afghanistan lost forever or do I keep escalating the issue until I decide to fly to Florida and knock on his front door?

After respectfully explaining why I don't want to do business with him is when he started making personal attacks and taking way too much offense. His use of all CAPS early on should of been a red flag but I guess wasn't the greatest judge of character at the time.

When you make a purchase that he makes makes from the dealer using your reserve account funds, it's in his name raising other issues like warranty as everything is in his name. Everything I received was bad in one way or another. One Martin Logan had a stripped screw, another had a missing mesh grill and an Onkyo 3010 died of HDMI failure in 1 week and came with a broken door to boot. Where is he really getting this equipment? I'm willing to bet that it's B stock goods. Again, nothing outlined on his website or emails regarding this. I think it's illegal not to share this information.

He also got very aggressive online using all caps and childish behavior to an otherwise calm and reasonable customer just because I respectfully explained to him why I was done doing business with him. I guess he lost his license with NAD but may lose his license with Martin Logan as well. After I explained my ordeal to ML they offered to investigate and hinted at dropping him but I did not pursue that one. DNP might want to think about it too. He already has done the same thing to another Yelp reviewer and the forums like (avsforum.com) are littered with negative feedback. Search buyer beware american theater (old name, changing names constantly is another red flag), and other combinations. I got 5 separate threads and that's not including many other forums online, yelp and site jabber. All in all my business with him feels like a ghetto back alley street deal, no written policies, disclaimers and forget about ETA or tracking numbers when he buys from the dealer. White collar criminal in disguise for sure although I'm not surprised since he may also be a real estate agent. I thought I was a good judge of character but lesson learned. STAY AWAY!!!


This report was posted on Ripoff Report on 04/15/2014 05:53 PM and is a permanent record located here: http://www.ripoffreport.com/r/Home-Theater-and-Design/Winter-Garden-Florida-34787/Home-Theater-and-Design-by-Kevin-McEvoy-and-Cathy-McEvoy-aka-white-collar-criminals-who-s-1139153. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

Correction to accountant info

AUTHOR: snyderkv - ()

Edit: Alicia is not Kevin McEvoy's accountant. Kevin is the one who confirmed my account balance. I incorrectly stated her as the accountant due to a mix up in emails. Alicia has no affiliation with Kevin and his business.

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#2 Author of original report

Kevin McEvoy and his wife Cathy McEvoy of Home Theater and Design ,htdtheater.com, are white collar criminals who stole $3,076 from me ,corrected accountant info

AUTHOR: snyderkv - ()

Kevin McEvoy and his wife Cathy McEvoy are white collar criminals who stole $3,076 from me as proven throughout this BBB report via email quotes with dates and times of our conversations. He has refused to answer ~6 months of emails and phone calls although my read receipts show that he has read them.

Kevin McEvoy is a distributor who acts as a middle man purchasing electronics from dealers/manufacturers with your cash that he stores in a reserve account. He receives the item and warranty in his name (red flag) and then ships to your door usually at discounts and defects that make you wonder if they are B stock goods.

He acknowledged me having unused funds in my account via three emails, one on Nov 19th 2013 11:16am quoting "We offer store credit and I will be happy to give you an accounting on your unused funds" At this point everything is fine until I keep questioning the legality of indefinitely holding my unused funds as store credit instead of returning the cash. He shortly falls off the grid for ~6 months and to this day. His emails have been read and opened according to read receipts via an email tracker.

How much of my unused funds in accounting? He personally accounted for and confirmed my account balance of $4373 (-1297 for speakers purchased post accounting which is documented) via email on 11/15/13 but has yet to respond regarding closing my account by either sending me my money back for non purchased goods or simply allowing me to purchase items so that I can sell them and recoup some money back.

He also lied about placing orders with Jesse (the dealer) at DNP. For instance, when I questioned Kevin about the legality of not returning my unused funds he said in his email written on Nov 19 2013 1:17pm "speak with my attorney about ordering custom built video screens and cancelling them", thus implying I have incurred fees, but how much? He doesn't tell me and has no store policy in writing because he just made it up. He's even contradicted by an email from Jesse from DNP on Nov 19 2013 quote "There is no transaction between dnp and Kevin". Jesse also goes on to say that the custom dnp screen was never ordered or built therefore, contradicting what Kevin said regarding cancellation fees. If nothing was ordered and built then nothing was cancelled and I should not incur any fees. Even if there was fees it would not be the total amount of my purchase. Again there is nothing in writing regarding fees, no store policy, disclaimer and I didn't sign any written consent regarding store policies so he can't just make them up when convenient for him. It's just simply stealing Being caught in a total lie, he quickly referred me to his lawyer and stopped all communications ~6 months ago ignoring my emails and phone messages again which I know he read. He has effectively stole over $3000 from me as not only will he not return store credit, he won't even respond back to allow me to purchase anything with my store credit. He has effectively sole my money by ignoring me for 6 months.

Losing his credibility by lying shows me that he is willing to go to great lengths including stealing and lying in court. The only problem is, I'm in CA and he's in FL so I can't take him to small claims and limited civil cases won't touch this because $3076 is too little and may end up costing me more than he owes me. Is my money that I earned working in Afghanistan lost forever? I could knock on his front door but a lawyer told me he probably spent the money as he deals with similar characters all the time.

He has a bad track record on avsforums too if you search McEvoy. Even Audigon deleted multiple accounts of his due to negative buyer feedback He already has done something similar to another Yelp reviewer too. If that isn't red flag enough, his constant changing of business names previously known as American Theater Systems, Amsound, and Sound and Cinema, were all one in the same! And how there were police complaints made with the Flemington NJ P.D against the Sound and Cinema name.

All warranties are in his name raising other issues like returns. Everything I received was bad in one way or another. One Martin Logan had a stripped screw, another had a missing mesh grill and an Onkyo 3010 died of HDMI failure in 1 week and came with a broken door to boot. Where is he getting these? I'm guessing illegal transshipping and B stock goods. Again nothing in writing regarding this.

He also got very aggressive online using all caps and childish behavior to an otherwise calm and reasonable customer just because I respectfully explained to him why I was done doing business with him. He lost his license with NAD but may lose his license with Martin Logan as well. After I explained my ordeal to ML, they offered to investigate and hinted at dropping him due to a previous customer investigation but I did not pursue that one. I might contact DNP as well.

All in all my business with him feels like a ghetto back alley street deal with no written policies, disclaimers, ETA or tracking numbers from the dealer and now grand theft. White collar criminal in disguise for sure although I'm not surprised since he may also be a real estate agent. I thought I was a good judge of character but lesson learned. STAY AWAY!!!

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