Kevin McEvoy and his wife Cathy McEvoy of Home Theater and Design (htdtheater.com) are white collar criminals who stole $3,076 from me

Summary: Kevin McEvoy is a white collar criminal who stole $3,076 from me. This isn't about a refund or return, he confirmed my accounting for unused funds in an email dated 9/13 that I can show anyone . He has since fell off the grid shortly after questioning the legality of him keeping my unused funds as store credit. I gave him ample time (6 months) to respond without a peep. Even left voice messages on multiple phones of his and even contacted the real estate office he works for aka Kevin McEvoy Realty. He may have used my money to grow his real estate venture and used his personal problems with me to justify theft. If you are his friend, please nudge him to do the right thing and return my money. I will retract all reviews online if he will resolve the issue with me in a civil manner. Beware, he has no credibility by not publicly rebutting this claim and in fact, proves guilt. I wouldn't trust a guy who was already caught in one lie. He claimed placing an order with a dealer and cancelling it so he can charge me a cancellation fee however, a call to that same named dealer resulted in no knowledge of it. He's also not responding to this or the dozen other reviews I posted online and finally, is not responding to the BBB or RipOff report comments or arbitration. Why would someone not respond to any of the claims made online? This proves his guilt and lack of customer service. Be a good judge of character and STAY AWAY!!! Detailed: Kevin McEvoy is a distributor/dealer who acts as a middle man purchasing electronics from dealers/manufacturers with your cash that he stores in a reserve account. He receives the item and warranty in his name (red flag) and then ships to your door usually with defects that scream B stock goods and possibly transshipping. He acknowledged me having unused funds in my account via three emails, one on Nov 19th 2013 11:16am quoting "We offer store credit and I will be happy to give you an accounting on your unused funds" At this point everything is fine until I keep questioning the legality of indefinitely holding my unused funds as store credit instead of returning the cash. He shortly falls off the grid for ~6 months and to this day. His emails have been read and opened according to read receipts via an email tracker. How much of my unused funds in accounting? He personally accounted for and confirmed my account balance of $4373 (-**** for speakers purchased post accounting which is documented) via email on 11/15/13 but has yet to respond regarding closing my account by either sending me my money back for non purchased goods or simply allowing me to purchase items so that I can sell them and recoup some money back. He also lied about placing orders with Jesse (the dealer) at DNP. For instance, when I questioned Kevin about the legality of not returning my unused funds he said in his email written on Nov 19 2013 1:17pm "speak with my attorney about ordering custom built video screens and cancelling them", thus implying I have incurred fees, but how much? He doesn't tell me and has no store policy in writing because he just made it up. He's even contradicted by an email from Jesse from DNP on Nov 19 2013 quote "There is no transaction between dnp and Kevin". Jesse also goes on to say that the custom dnp screen was never ordered or built therefore, contradicting what Kevin said regarding cancellation fees. If nothing was ordered and built then nothing was cancelled and I should not incur any fees. Even if there was fees it would not be the total amount of my purchase. Again there is nothing in writing regarding fees, no store policy, disclaimer and I didn't sign any written consent regarding store policies so he can't just make them up when convenient for him. It's just simply stealing Being caught in a total lie, he quickly referred me to his lawyer and stopped all communications ~6 months ago ignoring my emails and phone messages again which I know he read. He has effectively stole over $3000 from me as not only will he not return store credit, he won't even respond back to allow me to purchase anything with my store credit. Losing his credibility by lying shows me that he is willing to go to great lengths to keep my money including lying in court. The only problem is, I'm in CA and he's in FL so I can't take him to small claims and limited civil cases won't touch this because $3076 is too little and may end up costing me more than he owes me. He has a bad track record on avsforums too if you search McEvoy. Even Audiogon deleted multiple accounts of his due to negative buyer feedback He already has done something similar to another Yelp reviewer too. If that isn't red flag enough, his constant changing of business names previously known as American Theater Systems, Amsound, and Sound and Cinema, were all one in the same! And how there were police complaints made with the Flemington NJ P.D against the Sound and Cinema name. All warranties are in his name raising other issues like returns. Everything I received was bad in one way or another. One Martin Logan had a stripped screw, another had a missing mesh grill and an Onkyo 3010 died of HDMI failure in 1 week and came with a broken door to boot. Where is he getting these? I'm guessing illegal transshipping and B stock goods. Again nothing in writing regarding this. He also got very aggressive online using all caps and childish behavior to an otherwise calm and reasonable customer just because I respectfully explained to him why I was done doing business with him. He lost his license with NAD but may lose his license with Martin Logan as well. After I explained my ordeal to ML, they offered to investigate and hinted at dropping him due to a previous customer investigation but I did not pursue that one. All in all my business with him feels like a ghetto back alley street deal. BUYER BEWARE!!!
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ID
#485088 Review #485088 is a subjective opinion of poster.
Location
San Diego, California
Loss
$3076

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