What goes around comes around. Take that for what it's worth. BTW, not all the LIFBA guys are protecting Jay. Some truly do sympathize with our situation. I just want to state that for the record so as not to alienate those that are willing to help us. To those LIFBA members that have contacted me trying to help, I want to offer a sincere Thank You. So far not much good has come out of it but if you guys continue to put a little pressure on Jay for us when you talk to him, I'm sure it'll help. Once again, for those LIFBA members that are trying to help us,

 

OK Glad to hear that some of the LIFBA are helping out. All F-Body owners are part of a big family and we all need to help each other out in time of need .

To those LIFBA who are helping in this situation.

 

You know, I'm not going to come down on Mike M. too hard. I think he tried his best to help me, although when the going started to get a little more rough I can tell he didn't/doesn't want to talk to me any more or be involved in this situation any more than he has to. I will say this though, in the long run I think he cares more about his relationship with Jay and being on good terms with him than he does about helping all the hard working people Jay has shorted for thousands upon thousands of dollars.

In any case, it's obvious to me Jay isn't being honest with him either since he asked about my heads awhile back when he said Jay came to his house. Jay told him all he needed was my address and they were ready to go. I've given Jay my shipping address on at least 3 or more occasions and several weeks ago I gave it to him again along with my cell number via a message on his cell. This was obviously another delay tactic to get people off his back. The fact that he's not being truthful time and time again is what infuriates me the most. However bad the situation might be, honesty is still the best policy.

 

This is so simple an idea yet it could solve so many problems

 

Well, another update to our daytime drama:

Here's an email I sent to Jay on Monday night, as a "last-ditch" effort prior to initiating the work with my/our Attorney. (BTW, I think we're at 14 persons that provided me with info regarding outstanding A.S. orders, totaling around $35,000)

"Hello Jay -

I need to know an update on the status of my heads. Please provide me with a fair estimate on when they will be ready. My scheduled install of March 19th obviously had to be cancelled, and I almost incurred a $100 cancellation fee as a result of not hearing from you. This is really getting strenuous to have not received any updates from you since 1/11.

I hate to do this, but if I don't hear something from you within the next 2 days, I need to start looking at other avenues to recover my investment. Help me out, Jay. I don't want to start focusing on other avenues if all it takes is just an honest update from yourself. I'll still be patient, but I need to know if and when they'll be ready.

Give me a call or send me an email, whatever is convenient for you.

Thanks & Regards,
Mike Kutchey"


AND, much to my surprise, I RECEIVED A RESPONSE!

Jay's email I received late last night:

"mike, sorry about not calling you, I had to start a really crappy job in the city working nights, it has thrown my life out of wack, i have started moving heads out of cnc that I owe peole. it has been a slow process becuase the cost of each set is high and I have a huge cost of living becuase of the problems with the bussiness. but slowly but surly I am getting them out, fortunatly it looks like my car will sell, I have to sell my baby to help move alog the head thing it is on ebay now under 98 z28 ss, it is white with black stripes if you want to see her, but once my baby's gone I can be tottaly caught up with past orders and am thinking of trying to sell them on the side to local shops and throgh local shops, this way I have them before I get paid for them. trust me i know it sucks waiting and I feel the pain to, alot of times I wake up with crazy anxiaty attacks that feel like Im having a heart attack. I actually was rushed to the hospital the first time I had one, this is why I am selling my car so I can rest a peace myself. I promise you I will get you your investment and everything you expect, thank you so much for dealing with this, it is a tottal embarasment to me and I am still depressed how my hard work and my product that is great failed. thank you for dealing with me vent also.
Jay
also this is not my personal computer so I dont go on it that often, tonight was the first night I was able to get here at a somewhat decent hour to write you."

So, FWIW, I suppose.

Where should we go from here with handling our situation with Jay?

 

After months of back and forth with my credit card copy, I got this letter.

"Great News! This letter is in response to your inquiry about the transaction made at Absolute Speed Mastic Beach NY on 28 Jul-04 for $900.00.

Our investigation is now complete and we are pleased to inform you that the conditional credit you received for $900.00 is now permanent."

Finally, I'm out of this and I hope everyone else manages to get out too!

If there are $35,000 so far in non credit card sales that haven't been filled, I wonder how much more was charged back on credit cards that his credit card company is trying to collect from him. Looks like Jay owes a lot of people a lot of money. I suspect his credit card company is in hot pursuit.

You don't get this far in debt by selling heads with a small profit margin as claimed. You get this far in debt by stealing other people’s money.

Jay always manages to come forward when the heat is on with more excuses and promises, but not before. The thought of spending a few years in jail would give me anxiety attacks too! Selling his car on ebay won't even begin to clear up the outstanding orders and amounts due his credit card company. Once again B.S.. Couldn't beat him with a stick and get the truth.

Can't imagine why any honest person would be protecting him at this point.

I think the only way to get anything from him other than the shaft is to continue to pursue the legal option. Hopefully, at some point a judge will order restitution and supervise the process.

Again, if anyone needs a statement from me for law enforcement purposes, please let me know.
__________________

 

I have nothing but good things to say about Mike M. This is a bad situation turned worse and here is a guy (Mike) that is taking undue crap and trying to help people out when he did not make the deals or take the money. To me, Mike must be one hell of a good friend to put up with the things he has for no other reason than to help people out that he feels has been wronged and try to help a friend through a bad situation. He could have easily sat on the sidelines and kept to himself, but instead he stepped up. I am sure that he has given misinformation, but he was only relaying what Jay told him.

I know this is a frustrating situation but we need to keep the focus on Jay and not the people that are trying to help us resolve our problems. What do you really expect the other people to do including Mike? I am sure they are not going to lend him money to finish everyones stuff, so all they can really do is make inquiries when they see him.

With that being said, I would like to get back on topic. I paid for heads 3-15-04 and a short block 7-13-04 along with sending a cam, lifters and pushrods. All total I am out $4000. Like everyone else I would like my stuff. My motor is suppose to be heading to the shipping dock today. Is it complete, I have no idea, will it actually be shipped, I will keep you posted. My take on this is I would rather pay $200 to the machine shop that Jay owed on it so he could finish. Which I did. I am also paying to have the motor shipped although I had sent money to Jay when the parts were ordered to cover shipping. I also told Jay to send my heads bare if need be. Why? I would rather spend and extra $500 or $600 to get my stuff than to start over with nothing and be out $4000. I am sure that most of you would do the same. I have sent my information to join the suit and will pull out if I get my motor ( will stay in if not). I guess my point is...filing suit may make Jay serve time or bankruptcy, but probably will not get your money or your stuff back in any reasonable time, if ever. You may be better served (and I hope Jay is reading this) try to negotiate a resolution. (IE) your set of heads are sitting at the CNC shop because Jay owes money on them. Would you not rather spend a few bucks and at least have the bare castings that have been CNC and have someone else finish them as apposed to being out your entire amount.

Again, I am not saying not to file suit...I am in at this time. I am just looking at the reality of the situation and trying to come up with a solution.

 

Well, here is / was Jay's car:

http://cgi.ebay.com/ebaymotors/ws/eB...&category=6161

So, at least that part is honest, so I still hold out hope for my heads.

 

I dont see how you guys keep saying he would do jail time. He was incorporated and has filed for bankruptcy already. He offered to get everyone thier stuff even though lawfully he doesnt have to. He just sold his car on ebay and will be paying his bill to the cnc shop in the next 2 weeks. So maybe he will get you guys your heads. I hope so. I just dropped off paytons motor at the trucking company today.

 

Yup that was it. The guy buying it is local too. So hopefully things will get done for you guys.

 

Appreciate the help as always, Mike M.

 

Appreciate the updates Mike M.

 

Last I heard, if a corporation files for bankruptcy, it must present the court with a complete list of creditors. I have not been notified of any bankruptcy proceeding and I haven't heard of anyone else being notified. It goes without saying that its against the law to file for bankruptcy and lie to the court. Filing for bankruptcy might be a better situation then, at least, everyone could protest any relief under the bankruptcy laws due to fraud. Hopefully, a judge would monitor restitution. Being paid back over a long term is better than no pay back.

In addition, if he filed for bankruptcy he needs to come forward and tell everyone where so that they can request the court to be added to the list of creditors.

 

There is more than one way to file bankruptcy. There is voluntary bankruptcy, and involuntary. Involuntary bankruptcy is driven by creditors.

Let's quickly look at some key issues in bankruptcy so that you know what your rights are. I was an employee of a company that went bankrupt in 1997 and I was a creditor.

1) Bank gets paid first. If he owes the bank, they get first cut. I am not sure where a credit card processor fits in.
2) Customers paid next.

Fact:
-all personal assets are scrutinized
-taxes will follow him to the ends of the earth, you can end up on a tax payment plan for 10 years

You guys have given Jay more than enough time. I would start criminal proceedings which will probably lead to some major tax issues for him.

I would never wait almost two years for a set of cylinder heads.

If Jay had a low dollar way to get stuff potentially out of hock, he is doing a poor job of explaining that.

You guys can easily throw him into involuntary bankruptcy. If you think you will never get anything back, you can at least get him nailed and then he has to deal with the bankruptcy courts which are really brutal.

Jay if you are reading this, you better scramble. These guys are organized and they are coming after you. Let me tell you, you have no idea how bad this can get if this goes bankruptcy.

 

Because he comitted mail fraud. He stole money and parts from a lot of people.

If you can't see that, you're not too bright.

 

BTW, I'm sure that Mike M can clearly see this. I feel like both Jay and Mike M are quite intelligent. I'm actually quite sorry Jay has found himself in this situation even though it was wholly created by himself. BTW, does anyone know if the deal on Jay's car has gone through already and is he planning on using those funds to complete a couple of more deals??? Did Payton get his motor??? Has anyone heard from him recently??? Just curious.

 

Smokinstorm, did you send Jay all those parts to assemble your heads? I'm just wondering.

 

No Sir. I may have been born at night but it wasn't last night. My agreement with Jay was that he'd ship the heads to Paul @ Thunder Racing for final assembly and set-up. I agreed to accept the bare castings with full porting and valve jobs complete with valves but no springs, retainers, etc for the price I paid him for fully assembled heads ready to bolt on. I think what I'm willing to settle for is most accomodating. I'm just ready to get something moving on this. What's bothering me more than anything else at this point is Mike M's statements that boil down to this: Jay is under no obligation whatsoever legally to supply anyone with anything they're paid for as he filed for bankruptcy thereby absolving himself of any liability in the matter. Mike M never stated that but that's the jist of his statement. I sincerely hope that Jay doesn't feel like that. I trusted Jay when I sent him the money for my heads last July and I still want to trust him now. For his "best buddy" to stand up and say "Jay doesn't owe anybody **** because he filed for bankruptcy" bothers me quite a bit. I don't think I'm the only one that feels like this at this point.

 

There is a guy on this forum "Lawn Boy" that claims he bought AS and Jay is doing heads for him. I think that needs to be looked in on.

 

Hell no you're not the only one. That comment right there proves my point in my earlier post. If I had a close friend that I knew was in a situation such as this and I had offered to help, I know personally I would be trying to play a more active role in rectifying the situation to help everyone involved. Even if all they can do is just dessiminate REAL TRUTHFUL information that would be something. I mean I don't even know what's true any more. Seems like all I've gotten is lies over and over. My heads have been done and ready to ship like 5 times now..... lol. F&*$in' A man, I just want someone to be straight with me for once.

I heard this awhile back too, but nobody has validated any truth to this AFAIK.