Martin Smith Dba TeleServices TSI, BandwidthExperts.com, EverythingT1.com, GoCheap.com ripoff, chargeback, theft, credit card fraud, credit card theft La Jolla California

Sometime last summer I was hired by an online businessperson, Martin Smith of EverythingT1/Bandwidth Experts, Inc. 7752 Fay Avenue, Suite J, La Jolla, CA. 92037 and he managed to get my entire fee back and never did pay for the copy. He has a history of doing bad business but at the time I didn't know it.

He has a number of sites and corporate names. Here are the ones used on his credit card dealing with me through PayPal.

Buyer's Name: TeleServices, Inc.
Buyer's Email: tsi@lowrate.net

Mr. Smith (who pronounces his first name as "Marteen") hired me to write copy for three Web sites and paid me close to $5000. He put the money on his credit card and paid through PayPal.

Smith did not contact me after he got his copy. He made no complaints. According to credit card rules and the Commercial Credit Act, a person is to attempt to contact the vendor and get satisfaction before doing a chargeback. Smith did nothing. I assumed he was satisfied in that he did not tell me he was not, nor did he request any changes or corrections.

A few months later Smith did a refund job on his credit card called a chargeback, leaving me and my company holding the bag for all my time and work and the completed copy.

I filed charges for fraud and theft against him. A detective at my local police station said that this sort of fraud (her word) is quite common. "It's amazing what people will try and get away with", the detetective told me. She added that Smith was probably hiding behind a number of different business names and it would be hard to get any charges to stick, a fact I'm fully aware of. By the way, let the record show that when I use the word "fraud" in context to Smith he has not, to my knowledge, been convicted of fraud. A person is innocent until proved guilty. Therefore I am speaking my opinion based on what he did. Based on his business experience with others, this is the way Smith operates. You can judge for yourself the word or words you choose to use in relationship to Smith and his business activities.

According to the Credit Card Chargeback Rights and the California Dept. of Justice (Smith lives in California):

The transaction cannot be with a merchant who is located more than 100 miles from your home or outside your state of residence. For example, suppose you go to Chicago for a vacation and while there you purchase an expensive vase using your credit card. When you get back to your home in California, you open the box the merchant gave you and find that it only contains confetti, and no vase. If you notify your bank within 60 days you can qualify for a chargeback under your "billing errors" rights. But if you wait for more than 60 days you will not be eligible for a chargeback under your "claims and defenses" rights because the merchant is outside of your state of residence (and more than 100 from your home). In California and in some other states, transactions on the telephone are considered to take place at your home and not at the merchant's place of business, no matter who placed the call. Similarly, in those states, if you fill out an order form which is to be sent to the merchant, and agree to purchase by writing down your credit card account number on the order form, the transaction also occurs in your home.

Point 1 - Smith waited until October to chargeback the money. That was over sixty days.
Point 2 - I am about 3000 miles away from his location.

But Smith knew what he was doing. He transacted all the business over the telephone. He did not like to use e-mail. He made sure he always used the phone is almost all of his dealings. This "could" alter this ruling in his favor. He may have known this since he's accused of doing this before.

But in addition, the California law says:

Unlike "billing errors," you must make a good faith effort to obtain a refund or credit from the merchant before contesting the charge with the bank. Sending a letter to the merchant or signing a notice of cancellation which is sent to the merchant would suffice as a good faith attempt to resolve the matter with the merchant. Be sure retain a copy of your correspondence.

Smith made absolutely no contact, written or verbal, with me. He made no indication he was unhappy with my work or that he wanted any changes. That is where, in my opinion, he broke the law. Again, this is only my opinion and I am not a lawyer.

Of course, I do not and have never given refunds. But I do make every reasonable effort to make a client happy.

Susanna
Wichita, Kansas
U.S.A.