As the project was nearing completion, Plaintiff requested further clarification from Mock regarding the costs of services and materials, stating to Mock, “I’ve been very happy with our
relationship to date. To be clear, if it makes you feel bad, I will just pay what you are asking.”
This is accurate. I did say that. I thought he was a nice guy and did not want to quibble. Ask yourself what a relationship to date is. I saw pics and details of what he wanted me to see. Had he told me he cut the mounting flange off the passenger side quarter or didn’t weld certain areas, we would have had a different relationship to date.
Scott replied with:
“What ever is fair with you.I'm easy.I didn't mean to over price on some items just noted it wrong in my book...” and “ 6K and you get the rifle back.Is that fair with you. “
That was not included in the court file, of course.
Mock submitted invoices to Plaintiff for services actually performed and materials actually provided in the total sum of $26,662.92. A true and correct copy of the Invoices from Mock to Plaintiff are attached to this Counterclaim as Exhibit 1.
See above. Also, if I refused to pay the invoice to his satisfaction, why would he release the car to me? Why would he agree to 6K due on pick up? I paid that in cash, BTW. I traveled 6 hours round trip in KS to get that cash.
Plaintiff failed and refused to pay Mock for the contract price agreed upon by the parties.
This is hard to reconcile, as the contract price by his own admission was wrong and we agreed on 6K due. This is critical later on.
Plaintiff failed and refused to pay the sums due and owing to Mock for services performed and materials provided.
This is hard to reconcile, as the contract price by his own admission was wrong and we agreed on 6K due. This is critical later on.
Upon information and belief, Plaintiff engaged in publication of disparaging,
defamatory false statements upon several Internet sites, including Facebook and Yellow Pages. The statements made by Plaintiff concerned Mock’s experience, expertise, knowledge and skill.
I did post my experiences with Scott Mock, Chubby’s welding and Vintage Racing. I kept things to facts, pictures of his work and quotes from his own communication.
Upon information and belief, Plaintiff also created a social media page for Chubby’s Welding for the designed purpose of publishing false and defamatory statements concerning Mock’s experience, expertise, knowledge and skill.
Interestingly enough, I did not create a social media page. I thought about it. I posted on a few forums we’re on, in a manner consistent with the usage of these boards - nothing false, nor defamatory – all factual. We have a right to review the work we all pay for, discuss work done on our cars and this was all in place BEFORE I engaged Scott.
It’s a “places” page:
https://www.facebook.com/help/168172433243582
Guess what? Facebook created that page (it’s “unmanaged”).
These are the people that created it, but liking it, or checking in there:
https://www.facebook.com/search/158781977486144/likers
All my information comes from email to me or publicly available. I made no invasion of privacy. As a paying customer, I have every right to review and post information about my purchase and my car. If he doesn't want it discussed, he should not put it out there or work on an Non Disclosure Agreement, before taking on projects. Not that I would use any vendor that asks for one.
So, where do we stand?
Well, I cancelled the suit. I had no desire to carry this into the New Year. Work, projects and family all deserve the time I put into this. My wife thought it was unchristian of me. I tried to get the cancellation done by the new year. Paperwork was actually signed in Feb. – I almost cancelled the cancellation.
At 3K in attorney’s fees so far for me, it looked like the only one who would win in this suit is the attorneys.
My personal belief is that I would not have received anything from Scott, as he’s told other people that he has no money. I lean on other Scott Mock review threads for that data.
He also has a series of UCC Filings and Judgements (released or not I can't tell from public records) in KS that go back as far as 1985 with companies like JDSS Limited and Richards and Conover Steel for things like Equipment and Proceeds. There are over 12 public records for Scott (and his wife). The Lawrence World Journal reports unpaid taxes for Scott Mock at Scott's public address. This also bolstered my belief that I would not actually receive any benefit.
Also, my attorney told me a few snippets:
Scott’s attorney told him He thinks of these threads every time he opens the hood of a car. That he doesn’t really eat or sleep. That was enough for me.
So a summary: Scott kept the money due to me as he sold the supercharged engine and left overs from the Camaro. He collected 25K from me in parts and labor. I spent 4K in travel to and fro from KS. I spent 3K on an attorney.
The manufactured parts I received from Scott were re-used in the build. I had to re-do the quarters, wheel tubs, the rear mounting points of the IRS, restructure the links for the IRS, replace metal cut out for the DSE mini tubs as it mounted the rear Tiger cage. I had to replace coil overs that got damaged due to striking the control arms or sway bars.
So, it’s over. My car is still in pieces (at my own choice). When we agreed to cancel Scott stipulated that:
“Following the Effective Date of the Agreement, JACOTT and MOCK mutually agree that they shall not make any statements or reports to an attorney general’s office, better business bureau, or other consumer protection agency that disparage or in any way criticize the personal or business reputation, practices, or conduct of a party to this Litigation”
So I guess he’s worried that I'd have his Attorney General or Better Business Bureau come after him. I find it ironic, I am trying to wash my hands of him, his business practices and any work he’s done and he thinks I am going to expend more effort to get blood from a rock.