Report: #1002767

Complaint Review: Donald Berry

  • Submitted: Thu, January 24, 2013
  • Updated: Thu, January 24, 2013
  • Reported By: Ben Robbed — Austin Texas United States of America
  • Donald Berry
    28204 North Shore Road
    Lake Arrowhead, California
    United States of America

Donald Berry Don Berry Requires $$$ up front, never delivers! Lake Arrowhead, California

*Author of original report: Foreclosure

*General Comment: scammed by DB

*Author of original report: Let's Put Don In Prison!!!

Show customers why they should trust your business over your competitors...

On September 22, 2012, I "won" a new "North Bay" Hot Tub from "Mountain Harbour Spas" through an eBay auction.  After several calls with the seller (Donald Berry) during which he tried very hard to convince me to send him Postal Money Orders or a cashiers check outside of eBay, I declined and paid $4500 through eBay using PayPal on Sept. 24th.  (I thought this would protect me...)       

These tubs are supposedly build-to-order with the options the buyer wants, and have an "average completion time of 5-7 weeks" after which shipping arrangements must be made and paid for.       

Now, a legitimate business man would take the money I just gave him and immediately had it over to the manufacturer (minus his built in profit of course) to start the hot tub build process...      

After 6 weeks, I called and and emailed Don requesting a status update on my hot tub.  After a few attempts, he replied that he would "check on it".  A few days later I finally got an email response saying the manufacturer was "waiting on the controller to come in".    

A couple of weeks later, without any further updates, I tried several times to get in touch with Don, leaving several messages and emails, and he finally called me late on Sunday evening Dec. 2nd with some "bad news" - apparently my hot tub had been completed but there was a problem when they ran the "water test".  Investigating the problem revealed that the acrylic had not properly bonded and the entire shell would have to be remanufactured!!!  At least 4 weeks it would take...I had to "authorize" the rebuild through an email stating there had been a "systemic acrylic bonding issue" and that he was going to have the tub manufactured at a different plant with a slightly different configuration (fewer jets, different seats, etc.)  But I was stuck, so what could I do - I authorized it.

On Dec. 17th I started calling and emailing to get an update...finally on the 20th I received an email telling me they were busting hump trying to get all the tubs out they could prior to the "holiday shutdown"!?!?  But he would be in contact when they returned "on our about Jan. 10th"!!!!!!!  I wish I got this kind of holiday...

I froze my tail off through the holidays and emailed for an update on Jan. 10th.  No response...

I called on Jan. 11th and it went straight to voice mail with the system message stating that "this mailbox is full and cannot accept messages at this time.  Please try later."

I checked eBay and noted that Don had NO listings for anything...I "Googled" "Donald Berry Hot Tub" and found this site (along with a couple others) that had complaints similar to this one I'm filing now.

I sent another, very direct, email urging Don to contact me ASAP to arrange to either return my money, or deliver my hot tub to avoid my escalating the issue and filing police and internet fraud reports. 

A couple of days later, I received an email referring me to his attorney, "Law offices of David A. Tilem, A debt relief agency"!

So it appears that this a$$hole is accepting everyone's money and never placing the orders with the factory so he can pocket the entire amount.  Keep in mind that this time frame is well beyond the 45-day window for eBay feedback and "buyer protection" so they were of NO help.  I tried PayPal, who also has a 45-day limit on filing a claim online, but an agent took my complaint on the phone.  I've heard nothing more for over a week now.

I spoke briefly with a PI who did a quick background check and said Don Berry had a history of financial problems that came in about 2 year cycles.  In addition, he had been sued for "breech of contract" at least once.

I may or may not ever get my money back, but I won't stop taking every step I can until I know this POS is in prison for federal felony wire fraud.
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#1 Author of original report


AUTHOR: - ()

Don apparently let his house go into foreclosure and went into hiding.  I was trying to serve him papers for a civil law suit but he could not be located for several months.  A professional "skip trace" only turned up a bunch of dead ends.  He has used several names, and his acquaintenances (including his "significant other") also have many different surnames, making it difficult to track his familial ties.

He was sued and lost several civil cases, but I doubt he ever paid anything awarded to the victims.  He also owed the State about $30k in back taxes according to another couple of law suits I found, but they eventually just took the house.

The spineless D.A. refused to prosecute Don due to the fact that he apparently "tried to run a business".  This despite the fact that he intentionally stole TENS OF THOUSANDS OF DOLLARS from many victims.  He manipulated his house number to make it more difficult to find him.  He violated all the rules of eBay and PayPal and intentionally delayed his victims until the period to claim fraud had expired (i.e. 45 days after the auction).  In several cases, he requested/received US Postal Service money orders in an obvious case of interstate wire fraud.  Too bad he didn't sell the d**n spineless D.A. a hot tub or gazebo, then we would get to see him in jail where he belongs!

The sad part is that had Don went into a pawn shop and stolen $5000, the police would have pursued him relentlessly, and he would have been prosecuted to the fullest extent of the law, despite the fact the pawn shop could simply file an insurance claim.  We have no such protections, and the law is all about protecting worthless SOBs like Don.

I hope the MF dies in a horrible accident, slowly.  That would give him time to reflect on all the people and lives he harmed...

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#2 General Comment

scammed by DB

AUTHOR: Celia - (USA)

I was scamed by Donald Berry also.  Has anything happened since your last report????

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#3 Author of original report

Let's Put Don In Prison!!!

AUTHOR: Ben Robbed - ()

Hello All DB Victims!  How's that hot tub feel???

You are not alone!  Regretfully, you (and me) are just a couple of the many victims of the theiving, POS, Donald Berry. 

However, I'm not one to simply accept a $5 THOUSAND theft and blame myself.  I have been to DB's house and found it in a state of disrepair.  (And he doesn't even have a hot tub, even though his house is over 5500ft. elevation...)

After many attempts (voice mails and emails) to reclaim my $5k, DB referred me to his "attorney" - David Tilem - a "debt" relief agency!  I'm not sure how giving DB $5k up front for a hot tub he didn't deliver is a "debt"???  He didn't "borrow" the money from me!

Anyway, I refuse to sit idly by (for years?) to wait on DB or the CA courts to "hopefully" do the right thing an return my $$$ to me!

Since this is clearly a case of felony interstate wire fraud, I filed a suit with DB's local police department...

I request that all of DB's victims contact Captain Ells and provide their evidence to support the case against DB.  I want this POS in prison for decades for stealing our $$$!

I filed a criminal case with the "Twin Peaks Station" police department with Captain Rick Ells.  Case # 051301053.  Please contact Capt Ells at 909-336-0600 or '' and provide him your evidence to help support the case!!!

In addition, US Postal Inspector Steve Bolz (909-387-8736) is investigating Donald.  Please call him and provide your evidence!

I've also filed a civil suit in Don's district (please contact me to support this case!):

Case number: SMCFS1301309
Form Set: #849160
Filing date and time: Jun 06, 2013 1:27 PM PDT.
Hearing Location: Fontana District, 17780 Arrow Hwy., Fontana CA 92335
Department: F9
Hearing date: Aug 16, 2013 1:30 PM PDT


Here are all the details I have on Don:

Full Name: Donald Norman Berry

P.O. Box 1460

28204 North Shore Road

Lake Arrowhead, CA 92352


Phone 909-337-0497  (call him and demand your money!!!)

Birth date: 12/18/1960 (Help me give the SOB his next birthday in PRISON!!!)

Real Piece Of s**t

Feel free to contact me at (((ROR redacted))) if you want further details!!!


Darren Johnson

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