Need Help: Have I been ripped off?

Need Help: Have I been ripped off?
Posted in
Custom WorkstationI understand that action figure customization is an art, and for the past couple of years I have been a frequent patron of this art form, having purchased and commissioned several custom figures.
With that said, here is my situation: I commissioned a figure from a pretty well know action figure customizer several months ago. He promised to start on it nearly immediately and said that he would provide updates with pictures of his progress. The cost of the commission was a large amount of money and of course I made a down payment of half the sum (sizable in itself).
Well it has been eight months and I have been very patient, but no update or message from the customizer. A month ago was the first time I asked him for an update, but no response. He has read but failed to respond to each message I have sent him, around four in total (I checked the status of my messages and the online message server stated that the messages had been read).
I understand that action figure customization takes time, but in eight months time I should have at least had one update; and I know for a fact that this customizer has said that in the past he has customized figures in a very short period of time. But it's not the length of the wait that bothers me, it's the fact that he refuses to respond to my messages, which have been extremely cordial and considerate, and that he will not let me know what's going on. In my most recent message, I explained my concern and said that although I would rather have the figure, if he could not make it for me I would need a refund. I paid him a large down payment, so I explained to him that my career does not pay much (which it truly does not) and that I could not afford to just throw that money away. But I stressed to him that I would prefer to purchase the figure. But no response.
So what should I do? Am I being ripped off? Am I being impatient? It has been eight months and I've only wrote him a few times. I'm amazed this is happening, because this customizer is well known and respected. Any feedback would be much appreciated. Thank you and take care.

Please wait...
Posted by
BlueTime on Sunday, October 11, 2009
User Comments
Batman on eBay
To me he's sounding like he's ripping you off.
But that's just me.
True, but once the customizer gets partial payment, you (the customer) are entitled to ask for an estimated date of completion or a time frame. It's your right because you've paid
You did things PERFECTLY
The guy advertises his work and takes commissions over a social networking site. I tried contacting him by phone for the first time the other day, but his mother answered and said he was at work. I called again the next day to give him one more chance, but nothing. So I send him a letter on the site, threatening to go to the authorities. Here's what my letter said:
Customizer, I have been fair, considerate, and extremely patient, but you refuse to communicate with me. I paid you $___ based upon the promise that you would complete the _______ action figure I commissioned from you. And as promised, I would pay you another $___ upon completion for a total fee of $___.
If this money is not refunded to me by tomorrow, I will contact authorities and I will persist until either you repay the money or a warrant is issued. And trust me, I know what I am doing - I cover police work in my profession every day.
I am sorry it has come to this. But I have done all I can to be patient with you, but you refuse to communicate with me about the action figure. It has been eight months since I commissioned the figure, and yet you have not responded to any of the messages I have sent you since mid-April - a month after I made the commission you accepted and promised to fulfill.
I want all $___ of the money I paid you back. You can send it to my PayPal account. When you enter PayPal, send the complete refund to: _____________
As much as it pains me - because I want to purchase the figure and I want to give you my business - I will contact authorities tomorrow afternoon if the money is not refunded to me.
So, after all my previous messages he failed to respond to, he of course, responded to this one. Here is his response:
The figure is in the process of being completed. There was no time limit set in which to have the piece finished by. I can send you pics of the piece in progress if you like , but keep in mind the $___ was a non-refundable deposit.
Please stop harassing my mother at her residence, as I do not live there. The phone # there is kept under my name for privacy reasons. If you need to get in touch w me ___________ will do. I do not check myspace often so that is the best way to contact me.
And this was my response to that letter:
I looked up your phone number online by typing your name and city online. This was the number associated with your name. I only called twice, last night and today, and asked for you; I did not mean to bother your mother and I apologize for doing so.
But I would not have had to make the call if you had not ignored me. The status of the messages I sent you all said the messages had been read. I did not expect for you to have this project done in a few months time, because I realize this is a highly detailed figure. All I needed was an update in which you said this will take a while so bear with me, but that never happened. How was I supposed to know? All I got was silence. I am a reasonable person and do not mind waiting - trust me, I once waited a little over a year for a custom figure - but the individual I had commissioned kept me informed of all delays, and I was just thankful for that, because he was communicating with me and I knew he still had me in mind.
I am willing to wait, that is certainly not a problem. Again, I apologize for bothering your family, but you would not respond to my messages, so I had to contact you some way. Pictures are not necessary because you told me what's going on and that is all I need.
He has yet to reply to this message, which I sent before yesterday. So I'm going to trust him, be patient, and wait a bit longer. But if I get the feeling the figure will not be completed, then I will take action. Even if the law can't help, I'll make sure people know the identity of the customizer and spread details of my transaction with him. And trust me, this man is a highly regarded customizer.
Thanks again, guys, for all your advice. Any input is much appreciated.
Hope the guy sees this message and does some work.
Customizing is an artform, and takes time. I myself took a while to finish things.
Waiting is a given... just not this long
because he could say it was a donation for the site
I've been through this before
plus if its not over a certain amount of money
no one will do anything for you
was it through a site like ebay or here or was it a private site
cause if the guy don't wanna give you a refund you have almost no legal ground to stand on unless it was on a legit site like ebay
otherwise your screwed unless the guy is gonna be reasonable
that sucks man hope you get it fixed