This is a brief update on my unpleasant experience with the Express Rifle Company.

The widow of Robert Bastow, Ellen Bastow, has refused to make good on her promise to 'make it right' with me and has referred my inquiries to an attorney named G. Michael Smith, the brother of Mathew Smith who now owns the Express Rifle Company. G. Michael Smith is the attorney for the estate of Robert Bastow. Ellen Bastow claims that this matter is 'out of her hands', which is disappointing since Robert appeared to be such a gentleman.

G. Mathew Smith denies that the Express Rifle Company or his brother Mathew owes me a refund of the deposit, even though I have a signed cancelled check, even though Mathew Smith acknowledged the debt to me several times, and even though Mathew Smith promised to pay the debt (but broke the promises). Ellen Bastow told me that Mathew Smith contractually assumed the debts of the Express Rifle Company, and Mr. Smith admits this. G. Michael Smith also said that Mathew Smith cannot afford to refund the deposit.

G. Mathew Smith further threatened me with suit for libel and slander, although at the time he had not read anything posted in this forum. When I told him that I could not let this matter drop and would have to proceed with other options, he said I was 'acting like a woman about this' and hung up on me.

I am perplexed.

Now that they have turned it over to a lawyer, get your attorney on the case.

You probably won't ever see any money from them but its time to let the lawyers do their job.

Good luck, Joe.

500grains,

not to make light of your situation, but i wonder exactly what the legal definition of "acting like a woman" is?

I can see it now, in court he can stand up and say "Your honor, I object! The witness is acting like a woman!".

Good luck!

I have followed this thread and have gotten pretty worked up at some of the posts. It seems that all of the honorable avenues are dead ends. 500, I wish you the best but I wouldn't hold your breath. Again be very careful of what you post or infer through your posts. Remember the judge. I would hate to find that you lost much more than your deposit. Oh, if that lawyer says you are acting like a woman again "b%$ch slap" him in the mouth Good luck.

I read the prior thread about this with interest and bit my tongue to avoid adding to the general chatter.

You hate to have to hire a lawyer, and particularly since his brother is almost certainly working for free, but I would suggest that you do so or just write it off. You might be able to file a claim against the estate, and they would have to handle it before they could probate it, if that has not already been done. If nothing else this would establish who really owes you the money legally.

Unlike several on this thread, I would gladly sic the BATF on him at this point. And he could discuss with them the requirements for licenses to manufacture actions.

And before it all starts over, no, I don't like the BATF, not one little bit, with apologies to Dr. Seuss, but when someone deliberately screws me, I'll do my best to make them wish they hadn't, including siccing the BATF, IRS, or anyone else on them that will make their life miserable, if I have reason to believe they have violated some legalities that particular agency oversees.

500grains,

I would imagine that the tone of the previous thread pretty much sunk any chance of you sorting this out amicably. You have to decide whether to write the loss off now to expirience or throw good money after bad and hire a lawyer.I would not have bitched about the company until either they had eventually settled or I had written off all hope of getting the cash.

Pete

Sorry , but no US gunowner who would sic the BATF on someone will get any sympathy from me whatsoever . By making enquiries to Batf about the company , you may have sunk any chance of them ever getting licensed or making rifles . You cut your own throat .

[This message has been edited by sdgunslinger (edited 06-01-2001).]

I dunno about 500grains but I am not asking for anyone's sympathy or approval about the BATF or any other governmental agency. As I said, I don't like them, but if someone has defrauded me, then any way I can legally cause them problems is good for me and bad for them, which is exactly the point. Or are you suggesting that we should just let someone go on ripping off other unsuspecting gun owners. If you condone breaking the law, which most of us gunowners, and all gunsmiths, custom gunmakers, etc. in the US are compelled to comply with very frequently, then you may well be part of the problem, not the solution.

500grains,
That lawyer needs to bend over and grab his ankles and let you show him who is "acting like a woman." I suggest you use a surplus .50 BMG barrel without a condom on it. You know, one of those heavy barrel versions of "Ma Deuce." Then ask him if Ma Deuce is woman enough for him.

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Good huntin' and shootin',
RAB

Having a monetary stake in the outcome as well, it seems that you have finally run the new owner into a corner and now he has his back up. 500grains as I said previously, your actions toward this man and his company pretty well assured that you would not recover any money or the actions you submitted a deposit for. Is it fair? Hell no! Life's not fair!

Your tact in this matter assured failure from the outset. Now you have submitted part 2. Seems like you are trying to say "I told you so". Again, please be careful of what you say in print, because his attorney will most assuredly file suit against you. That's not fair either.

I am equally sure that this is not what Robert had in mind when he started out to make his actions.

I won't even offer a long recitation of what I think about invloving the BATF. Something about consorting with the enemy comes to mind. Exploring peoples orifices with an M-2 barrel sems like a perfect waste of good ordinance.

As I said before, if you felt strongly about this issue, you should have gotten face to face and resolved the issue.

As for me I guess I am out my deposit as well. Se la sh*t.

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"If you can keep your head about you when all others are loosing theirs and blaiming it on you..."

RA Berry, would you be using express sights on the .50 BMG?

Life is short and I get to see when it just got unexpectedly shorter for some people, which gives me a different sense of perspective.

I bet we've all been ripped off BUT there comes a point where you have to let it go or it affects your overall sanity and health which may be self defeating.

By the way I think Mr Berry was trying to infer that women don't know when to let a matter drop, obviously you are not subjected to this in your household, this is pretty rare, I suggest you go and get your wife a big bunch of flowers!

Phantom Duck - Well said. I could not agree more with your statements.

Z

Mr. Duck,

Did you receive any word from ERC since the last thread?

1894,
"Mr. Berry" was not inferring anything about women. The lawyer was. I am not a (shudder) lawyer. I think you are confused or typo'ed. BTW, call me Ron, or RAB, or R.A., or Bwana Ron, or ...anything but Mr. Berry.

PhantomDuck,
I was thinking of a scrap surplus barrel, one that was burnt out by long, hard use.

Longbob,
Good idea!

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Good huntin' and shootin',
RAB

[This message has been edited by R. A. Berry (edited 06-03-2001).]

500grains and others who have deposits with this company,

You should explore the possibility of filing a claim against the estate (if probate is not finished), or filing a lien again the Express Rifle Company and its principals.
Once you are on record as a 'creditor', you have legal status to be paid during any sale or liquidation of assets.

Just because they say they cannot afford to return your deposit, doesn't mean they don't have to (let them sell some machinery!).

Just a suggestion,
George

R.A.Berry,

I did indeed get the name wrong, lucky you aren't a lawyer!. My apologies.

500grains
Get stuck into him mate, don't take any crap from these people!
Bakes

I bet T-Nut would not have died if he had known how inconvenient it was going to be for 500 gr.
Ross