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Report: #404790

Complaint Review: Ken Ryker, Magaly Gude, Wayne Hamilton Dba DGM Financial Group, Inc. - Miami Lakes Florida

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  • Reported By: Palm Harbor Florida
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  • Ken Ryker, Magaly Gude, Wayne Hamilton Dba DGM Financial Group, Inc. 5901 NW 151st Street, #206 Miami Lakes, Florida U.S.A.

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Andy Firstenberg (used industrial machinery dealer) and I were both bidding on a pair of surplus centrifuges. We decided to partner them (50/50 joint venture). Andy would be the high bidder and ship them to his place in CA and I would reimburse him for half of all costs, which I did. A couple months after the deal went down, I quoted the Cepa machine to my customer. The customer told me that he had already bought it! This is how I discovered that Andy had sold it - HE never told me. When I asked Andy about it, he feigned ignorance, saying he would look into it. Andy is like that...

Eventually he reported that yes, it was sold. But the shipping and reconditioning costs had been quite high, so the profit to be split was not so high. He would not provide any paperwork to verify that, but I decided to accept his numbers. It was January 2007 by the time I finally invoiced him, about 4 months after the sale occurred. As you can imagine, I have called him dozens of times. He never returns a message.

On the few occasions when he answered my calls, he told me a sad story about his clients not paying him and promising to pay me in installments. But I never received ANY money. And then I learned that Andy was on vacation, kicking back on my money! At that point, I turned the debt over to Ken Ryker of DGM Financial Group (Miami, FL) for collection (Feb 2008). On 7/7/08, Ken reported that Andy has been unresponsive to letters and phone calls. I mentioned to him that I also own a Sharples AS-14 centrifuge together with Andy and that, if he will let me pick that machine up, I am willing call the matter even. Ken said "okay, go ahead and try."

I had quoted the AS-14 to my customer in Menlo Park, CA, because he already had one and was looking for another. In fact, on 7/3/08 Victor (at Firstenberg) told me that HIS good customer (same guy!) had been there looking at machinery the day before. I mentioned my frustration with Andy (his boss) for not paying me my share of the Cepa sale yet. Victor said he would talk with Andy about it again when Andy returns from his family vacation. Andy told me at one point that he didn't have any money to pay me my $5800 because his customers were slow paying him. But he had gone on vacation a couple times that I knew of in the last 1-2 years, so he must have money for that...

Now comes the kicker. On 7/14/08 my customer tells me that he bought the AS-14 I am quoting him from Firstenberg six months ago! Neither Andy or Victor ever told me, and they both knew. On 7/17/08 I spoke with Andy. He promised to research this and call me back on Monday 7/21/08. He said "you won't have to sue me to get paid." I left a couple messages after that and Andy has never returned my calls. My patience ran out. I searched LexisNexis (martindale.com) and found an attorney in Richmond, CA. We have filed suit in CA Superior Court in an effort to recover my half share with interest plus attorney's fees and any punitive damages that may apply.

On 11/14/08, my attorney received a reply from Firstenberg's attorney. He claims that Andy has been paying $1000 a month to DGM Financial ever since 2/28/08. $8000 has been paid and 7 of the 8 checks have cleared. He even faxed over copies of the canceled checks. Three of them had DGM Financial endorsements on the back (4 did not). Each endorsement had a different account number! So it appears that Andy decided to pay the collection agency, but never bothered to tell me. When I spoke to him in July about the second machine he had sold without consulting me, he never mentioned it. When I spoke with Ken Ryker in July, he claimed Andy had been completely unresponsive. Are the canceled checks fake? I don't know.

What I do know is that ever since this issue arose, I have been leaving messages for Ken Ryker and getting no replies. I finally got a response to my email on 12/1/08 and here it is: Mr. Sanders, I apologize for the delay in getting back to you. At this point I do have our accounting department as well as our Finance Manager looking into this.

Unfortunately we have acquired several other companies this year and while we have all been assured that everything has transitioned correctly, apparently that may not be the case.

I have asked everyone involved to keep me advised of the progress of their research and whatever information I receive I will pass on to you immediately. Our Finance Manager left me an email which I received this morning stating that he will have more information for me later on Monday or first thing Tuesday morning which I will pass on to you as soon as I receive it.

That was Dec 1st and now it's Christmas Day. Still no news, even though they have my company name, case number and account number. Whichever way this goes, DGM Financial has been inept. I checked with the FL Dept of Financial Regulation yesterday. They verified that DGM is "registered." However, they have no enforcement authority. The clerk suggested I contact the State's Attorney office in Dade County to make a formal complaint against DGM Financial for collecting my money and apparently keeping it!@ To be continued...

Wildbill562
Palm Harbor, Florida
U.S.A.

This report was posted on Ripoff Report on 12/25/2008 12:10 AM and is a permanent record located here: https://www.ripoffreport.com/reports/ken-ryker-magaly-gude-wayne-hamilton-dba-dgm-financial-group-inc/miami-lakes-florida-33014/ken-ryker-magaly-gude-wayne-hamilton-dgm-financial-group-inc-collected-8000-from-my-404790. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
2Consumer
0Employee/Owner

#3 Author of original report

FL OFR cannot find DGM Financial

AUTHOR: Wildbill562 - (U.S.A.)

POSTED: Wednesday, November 02, 2011

I filed a complaint against DGM Financial with the Florida Office of Financial Regulation. They sent investigators to the last known addresses and DGM was not there. Therefore, if anyone has a current address and/or other info about DGM Financial folks, please post it and let me know. Let's stop these criminals before they steal from others. Thanks.

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#2 Consumer Suggestion

Criminal Charges to be filed against DGM Financial Group!

AUTHOR: Sandra - (United States of America)

POSTED: Sunday, July 17, 2011

Miami regional office of the Florida Office of Financial Regulation has started an investigation on DGM Financial Group, and is looking for victims whether they be Debtors or Creditor so that the state can file criminal charges against Wayne R Hamilton, DGM Financial Group and Wayham Associates, Inc. 

You can start your complaint on their website at flofr.com or call toll free 1-800-848-3792.

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#1 Author of original report

DGM Financial Group, Inc. Miami Lakes Florida is silent for months on end while holding my money and claiming they cannot find it

AUTHOR: Wildbill562 - (U.S.A.)

POSTED: Saturday, February 07, 2009

I received this email from DGM on 1/7/09:

Mr. Sxxxxxx;

At this time we are unable to find any record of any payments applied to your account. You have not forwarded to me the copies of the canceled checks which you state you have in order for me further research this matter.

A change of ownership mid-year as well as a fire in November which forced our offices to relocate has made the research more difficult and copies of these items, if they exist would help.

Feel free to contact whomever you feel the need to and I will be glad to respond to them with the same information I have provided to you. In addition, we have viewed your slanderous comments and filings on the internet, specifically the Ripoff Report and I can honestly say that your one-sided slant on the truth does nothing to entice anyone here to help you find these alleged payments. Your filings quite honestly make you like more like a whining business man who is a little too trusting with his business partners for his own good than like the poor little victim which you portray yourself as.

Please scan copies of these alleged payments as soon as possible and email them to me immediately as you have promised so many times to do in the past and I will take them to our bank and verify that they were indeed deposited by us and if so where the payments were applied to. If you are correct and we did indeed receive them and this is a simple matter of the payments being applied to the wrong account, you can rest assured that you will receive your money no matter how badly you act.

Regards,

Ken Ryker
Operations


Here is my reply 4 hours later:

Mr. Ryker,

I tried faxing you the canceled checks at 305-974-4240, but your machine would not receive them. I have many pages and had hoped to avoid the time consuming process of scanning each one. However, I chose the legible checks, endorsements and a few other documents to scan, totaling 16 pages. They are attached in PDF form.

Since this is your first communication with me since Dec 1 (38 days), perhaps you can appreciate my frustration. First of all, I am in the middle of a lawsuit against Firstenberg Machinery. His attorney surprised me (on Nov 14) with the claim that DGM has been receiving monthly checks ever since March 2008 and produced canceled checks to substantiate that. They certainly appear legitimate. Then I left several messages, trying to reach you, but cannot. And you refuse to return my calls. I become increasingly nervous about you and your company.

On Dec 1, you send me an email apologizing for not getting back to me. You asked you accounting and finance managers to research this matter and report back to you quickly. Your finance manager sent you an email stating that he would have more information later that day or by Dec 2nd at the latest. Now I am feeling relieved and wait expectantly to hear from you. I leave a message on 12/11 and again on 12/18. Still nothing. In the meantime, my attorney must request a continuance while we wait for YOU. By 12/23, I call the FL Office of Financial Regulation and they inform me that you company is registered, which means you have paid your annual fee and posted $50K bond. I get a copy of your Annual Report showing Magaly Gude of Pembroke Pines as the President and Wayne Hamilton as the Vice President. I attempt to contact these individuals, but both have unlisted phone numbers.

By now I feel that you are avoiding me, just like the debtors you try to find every day in your business. This is when I discovered the Ripoff Report and decided to warn other business people about Firstenberg and DGM Financial Group. If you consider my reporting of the facts as "whining," I accept it. Frankly, I am trying to collect my money, that's all. I was professional and courteous with Andy Firstenberg for over a year before turning his debt over to DGM for collection. I have been professional and courteous with you as well, but without results. Your failure to report back to me in a timely manner drove me to use more creative, aggressive strategies. If anything i said in the Ripoff Report is untrue, just point it out and I will publish an update. It's not slanderous if it's true. And if speaking the truth is "bad behavior," I plead guilty as charged.

Hopefully, after reviewing the attached file, your various managers will be able to figure our where the money went. I understand that you don't like me, but you still owe me a duty to perform as promised. If you have my money, let me know ASAP and send a check immediately so we can conclude our business. If you never received money from Firstenberg, please state that clearly ASAP so I can proceed with my lawsuit against them. Good day.

Bill Sanders - Centrifuge Specialist
SANDERS EQUIPMENT COMPANY
3505 Tarpon Woods Boulevard, I-408
Palm Harbor, FL 34685 USA
727-773-0077 (fax: same)
http://sandersequipment.com

It is now 2/7/09. Another 31 days has passed without any communication from DGM. How low of a priority must this be to them? From his attitude, there is no fear of punishment at all - no motivation to hurry. And from reading his response to the other person who filed a report against DGM, I see a vindictive spirit at work, vowing to hold his money 180 days or return it to the debtor! What kind of attitude it that? When will Florida law enforcement step in and throw these clowns in jail? As for me, I am hiring a lawyer on Monday to go after them. Refusing to answer the door is not gonna work this time Ken.

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