Sunday, February 20, 2011

The New Journey.......... My Reaction...

Part One

Dave thumbed through BG's accounting paperwork given to him by WF. Then he looked straight into the woman's eyes and said, " You need to get real. You and I both know this is bogus."

The look on the woman's face told Dave she knew what he was saying was true although she was never going to admit it. WF stammered just a moment before Dave finished speaking, "I'll show these to MiKael." as he picked the report up and got ready to leave. " There's no point in even talking to you until BG comes up with numbers that represent what he really did."

Once out of the parking lot Dave called me on the phone. If he had been hot over the offer to exchange to boxer puppy for the horse, now the man was livid. He just couldn't get over the arrogance of BG or WF thinking they were going to get away with such nonsense.

I tried to calm Dave down so he didn't have a wreck driving home. I told him not to worry. I had been counting on BG inflating what he'd done. Between his email accounting how the horse had been paid for and this current accounting, I now had different versions of supposedly the same story from BG in documents provided by him. From there it wouldn't be difficult to prove who was lying about what had actually been done with my horses.

As I was trying to calm Dave down, I was beginning to boil myself. Even though I hadn't seen the actual figures yet Dave had told me enough for me toI know that BG had been blatant with his exaggeration of what he'd done. I just couldn't imagine how BG and WF really thought they were going to get away with this. I was beside myself and waiting for Dave to arrive with the actual document was excruciating.

When Dave came through the door, I couldn't get my hands on that paperwork fast enough. Looking at the information before me, it was clear BG was really trying to p*ss me off. That notation that Scandal Sheet was included in the number of training horses was there specifically to say "Scr*w you, MiKael Cailler." Wouldn't BG be surprised to now that all those little finishing touches he'd added to stick it to me, were really going to be what I could use to prove what a thief this guy was.

I must admit overall I had mixed feelings when I looked at the actual paperwork. I was torn between celebrating because the figures were so fraudulent and being outraged by the stunt they were trying to pull. The unmitigable gall of the man.........and for that matter, the woman too. Did they think they were not accountable like the rest of us? I just could not imagine such thinking.

The more I looked at the paperwork, the clearer I could see the case I needed to build. If they thought this paperwork was going to make me back down, they had better think again. There was no way I was going to take this lying down and this paper had given me enough fuel to burn a pretty darn hot fire for a very very long time.

Despite the rage, I knew I needed to drag this out as much as possible. It was going to take me some time to figure out the specifics for a case. At this point in time, I knew the major problem was having a contract that was not written. To even have a case I had to be able to address the law in that regard so right from the start I began examining this document for the components that would support the terms of our contract. Later I would look for proof to support those things that shouldn't have appeared on that accounting.

The fact I even had paperwork from BG suggested we had some kind of transaction going. I had my email where I had referred to our contract. Even if BG had not responded directly to that email, he had not contradicted it in this accounting. The fact he had answered with an accounting at all suggested pretty clearly he felt some obligation towards me.

The price of the horse was going to be pretty easy with the figures BG had used, at least there was proof of a ball park figure for the purchase price of the horse. The charge he'd used for training was as we had agreed so I didn't need to worry about any other proof to support it other than this paperwork. I did have other access to other documents to back this up. That would definitely be a good thing.

The other major issue that I saw was the five (5) day work week but BG had obliged me by providing a couple of discounts for time off because of illness for him. He may not have given me credit for ALL the days that had not been worked but the fact he had given a discount at all clearly indicated that he knew he was supposed to be working that 5 day work week.

There were lots of points to argue on that paperwork but because things were so complicated I figured the best place to begin what the contract itself. by this time I knew the law in Washington state for an oral contract. Since the terms of such a contract must be agreed upon by both parties to be binding, I knew the premise for my arguments. BG was going to have a hard time proving I'd agreed to a lot of what he'd billed me for. and I thought I had some pretty good arguments that would prove that I had not agreed to the things he claimed.

I began doing research to find documents and/or witnesses that could support what I needed for a court case. I hoped it wouldn't come to that but figured looking at this accounting sheet the odds really suggested court was where we were headed. Remembering BG's outburst during the summer, it just didn't seem like there really were any other possibilities. If I was right about that, I was going to be prepared.......

To be continued...........

Some Turmoil

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  1. My blood would have boiled too. What a load of crap!

  2. They must both think that they're pretty smart and everyone else involved is stupid. I'd be pretty angry too. It seems you are going to be more prepared in court than they are. Good for you for doing your research.

  3. Dom, I couldn't agree more but they sure seemed to think there was no problem with it.

    Arlene, I think they really under estimated me. I may have not seen this coming but once I did, I wasn't about to be their victim.

  4. Wow I am so glad you were prepared to fight over this, makes me wonder if he has gotten away with stuff like this in the past.

  5. Sounds like you had a clear head on your shoulders. I was thinking, even if you'd had a contract, they still could have made these same assertions of work done and presented an inflated bill. Dishonest trainers do it all the time, and you'd have to have witnesses to prove otherwise.

  6. Crystal, I wondered the same thing too. They were both so comfortable with their actions.

    Linda, you are right about that. Even with our contract in writing there would have been big problems here. Short of provisions for recording the work signed by both parties, this subtrafuge would not have been avoided.

  7. Now even my stomach's starting to hurt knowing all the work you're going to have to go through to fight their assertions. Good think you were fueled by righteous indignation. Sometimes the good guys win.

  8. I've got the theme music from Rocky in the my head now, if the law works the way it should you dealt them a KO in the courtroom. Waiting to read more...

  9. "Short of provisions for recording the work signed by both parties..."

    And there's the rub. You would never have done business with these people had you believed you needed to be that specific.

  10. if he would have said oct 7, 2009 vee, tag, louie, legs, rhett: worked 5 hours.

    oct 8, 2009, percy, legs, louie, rhett worked, 45 mins each. dandy shown.

    his generalizations, month by month, no specifics, did not work in his favor. actually as he made them, i wonder if he understood how absurd it would appear. 9 horses per day, 5 days per week, month after month. no time for sick days, no time for injuries. just 9 a day, 5 days a week. one who hopes the truth would bend to imaginings.