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Report: #424274

Complaint Review: DeCamillo Waterproofing, Marcus DeCamillo, Owner - Ashtabula Ohio

  • Submitted:
  • Updated:
  • Reported By: Phoenix Arizona
  • DeCamillo Waterproofing, Marcus DeCamillo, Owner 5918 West Ave. Ashtabula, Ohio U.S.A.

DeCamillo Waterproofing, Marcus DeCamillo, Owner Online sales fraud; Theft (Took my payment, never sent merchandise, lied about it, now won't return calls) Ashtabula Ohio

*Author of original report: PROOF of FRAUD

*Author of original report: Decamillo Waterproofing/Marcus Decamillo Update

*Consumer Comment: PLENTY of Proof! Contact my bank, who sent you the check, which you CASHED!

*REBUTTAL Owner of company: NO FRAUD!!!

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Beware of Marcus Decamillo, owner of Decamillo Waterproofing in Ashtabula, Ohio! This individual accepted my payment for merchandise, deposited it into his bank account, then failed to send my order. When contacted, he lied, blaming it on the shipping company, and when proven to have been deceptive and fraudulent, stopped answering communications.

My payment was sent directly by my bank, yet they can do nothing, as I authorized the payment, and the "intended merchant" received and cashed the payment! I am now forced to undergo the extensive time and expense of civil action to recoup financial damages.

I gave this business man every chance to simply return my money without incurring additional financial obligation as a result of my lawsuit and collection expenses, and he simply does not return any communications, forcing me to conclude he willfully and purposely intended to defraud when he solicited and accepted my payment.

Don't be his next victim!

(BBB (Cleveland) complaint #7565106)

Allie
Phoenix, Arizona
U.S.A.

This report was posted on Ripoff Report on 02/14/2009 11:09 PM and is a permanent record located here: https://www.ripoffreport.com/reports/decamillo-waterproofing-marcus-decamillo-owner/ashtabula-ohio-44004-7406/decamillo-waterproofing-marcus-decamillo-owner-online-sales-fraud-theft-took-my-payme-424274. 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:
0Author
3Consumer
1Employee/Owner

#4 Author of original report

PROOF of FRAUD

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

POSTED: Monday, August 03, 2009
Mr. Decamillo responded to my report here by accusing me of "slander." By definition, "slander" can only exist if accusations are FALSE, which they are NOT.

1.) Marcus Decamillo sold me merchandise.

2.) Mr. Decamillo had me send a check, which I sent directly from my credit union's billpay service, which they sent via U.S. Mail on 01/02/09 (Since Mr. Decamillo accepted and cashed these funds, sent via the U.S. Postal Service, while knowingly failing to send the merchandise, the transaction also qualifies as Mail Fraud).

3.) My credit union sent me a copy of both sides of the processed check, with his signature on the back, cashed/deposited with U.S. Bank, transaction tracking#5125315474. If Mr. Decamillo would like his entire banking information, including account number, printed for all to see, I can list every number on the back of the cashed check, upon his request!

4.) He stated in his rebuttal I would "be hearing from his attorneys"...funny, but I've heard nothing yet.

5.) I am tired of waiting for Mr. Decamillo to simply do the right thing and repay my money, but I will NOT just give away money to someone who tries to defraud me this way! Fair notice, I am now filing a civil action, to include ALL fees and costs associated with recovery of these funds, to be filed against Mr. Decamillo AND his company, Decamillo Waterproofing, which he involved when he opted to have my payment sent to his work address, accepted that payment, and cashed it without sending merchandise.

6.) I sent this email to Mr. Decamillo on 1/31/09"
Dear 440dec70,
It has been a week since you told me you would "check on it" regarding my order and I have received no further contact from you, and see that similar problems exist with others who ordered from you recently, and you are also no longer registered with ebay.
Due to the totality of circumstances in this case, including the emerging pattern of unfulfilled orders and a lack of communication on your part, I have no choice remaining at this point but to consider this a willful intent to defraud, as my payment was sent a month ago, and cashed three weeks ago. Please let me know immediately how you will be refunding my payment, and when.
If my payment is not refunded immediately, a civil claim will be filed against you personally, and your business, Decamillo Waterproofing, since my payment was sent to your business address. The civil claim will be for the amount of the payment plus all fees and costs associated with the action and its collection, plus interest, as allowed by law, including the cost of my trip to Ohio later this week in relation to this case if my money is not returned by then.
This considerable expense can be avoided by your immediate refund of my payment. You may contact Malissa Escarsega at Credit Union West (602)631-3200 during Arizona business hours to make arrangements for refund of this payment. She has personal knowledge of this case and can work with your bank to help arrange a funds transfer in the amount of the refund.

7.) I received the following email from another defrauded party on 1/23/09, after I became worried about not receiving merchandise over a month after sending payment. She stated, I can tell you that he lies. He printed a shipping label for mine but never mailed. There was never a pickup or tracking date and number as he said there was, paypal and I both checked his story. I hope you get some type of satisfaction.

8.) Yet another defrauded party sent me this email on 1/28/09: "I don't know anything about this guy but I do know that I'm getting my money back from paypal. You should get a paypal account now before you get scammed again. I don't think you will get your money back unless you meet him face to face."
Fortunately, Mr. Decamillo made one fatal error: he used his business address in the commission of his fraud, and my credit union has all the proof I need of the payment sent to him on my behalf.

9.) If this still isn't enough "proof" for Marcus Decamillo, he will just have to show up to court to see all the proof in hard-copy format, with names and contact numbers of everything presented above, and his signature right there on my check.

For once, the scammed party will get justice, and it will be expensive, since he's chosen to avoid the issue! Good luck to the rest of you in your recoupment endeavors!!
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#3 Author of original report

Decamillo Waterproofing/Marcus Decamillo Update

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

POSTED: Monday, August 03, 2009
Mr. Decamillo responded to my report here by accusing me of "slander." By definition, "slander" can only exist if accusations are FALSE, which they are NOT.

1.) Marcus Decamillo sold me merchandise.
2.) Mr. Decamillo had me send a check, which I sent directly from my credit union's billpay service, which they sent via U.S. Mail on 01/02/09
3.) My credit union sent me a copy of both sides of the check, with his signature on the back, cashed/deposited with U.S. Bank of St. Paul, MN, transaction tracking#5125315474. If Mr. Decamillo would like his entire banking information, including account number, printed for all to see, I can list every number on the back of the cashed check, upon his request!
4.) He stated in his rebuttal I would "be hearing from his attorneys"...funny, but I've heard nothing yet.
5.) I am tired of waiting for Mr. Decamillo to simply do the right thing and repay my money, but I will NOT just give away money to someone who tries to defraud me this way! Fair notice, I am now filing a civil action, to include ALL fees and costs associated with recover of these funds, to be filed against Mr. Decamillo AND his company, Decamillo Waterproofing, which he involved when he opted to have my payment sent to his work address, accepted that payment, and cashed it without sending merchandise.
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#2 Consumer Comment

PLENTY of Proof! Contact my bank, who sent you the check, which you CASHED!

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

POSTED: Monday, August 03, 2009
I have PLENTY of proof of my claims, Mr. Decamillo! My bank sent the check to you directly, which you cashed as soon as you received it! They sent me a copy of the front AND back. Would you like me to list your bank account number from the back of the check???
And then you sent me...NOTHING!
Since my bank sent you the check via U.S. Mail, that is mail fraud, by the way.

To have ALL of my many negative reports on various "rate this business" sites removed and avoid the civil action I am currently filing in Arizona (the legal jurisdiction for this action) which will increase the amount you will owe exponentially, simply return my money, plus interest from Dec. 2008 to the present, and the matter will be resolved. Otherwise, a civil action is being filed in the State of Arizona against you AND your company, Decamillo Waterproofing, which you involved when you had my bank send the check to your work address.
You cashed my check, and you sent me nothing.

If you have PROOF of mailing merchandise (which you "claimed" in one email, but NEVER sent proof, then you sent another email claiming, "I will check on it! USPS messed up an entire shipment costing me 900 dollars. I will ship a new order instantly if I find yours to be missing!" on 1/23/09, and then you quit communicating altogether) then bring it on.
Otherwise...see you in court.

*If anyone needs PROOF of his cashing of my check, contact me and I will give you my credit union's information and phone number, as well as my contact person there regarding this incident; they sent him the check directly from my account via the bank's billpay service, and upon my request for use my legal proceeding, sent me front & back copies of the cashed check! He CANNOT provide proof he sent me anything, because he never did! He also similarly defrauded many other people...search under ebay seller ID: 440dec70 This is him...Ripped off so many people he got banned by ebay and removed! I am FAR from the only victim.
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#1 REBUTTAL Owner of company

NO FRAUD!!!

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

POSTED: Wednesday, March 11, 2009
This is slanderous! Show one ounce of proof that DeCamillo Waterproofing sold you anything! This company has never sold you anything EVER!!! Your BBB report was filed, just like this was filed. WITH NO PROOF!!! DeCamillo Waterproofing's Attorneys will be contacting you!
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