A lot…
Oct
27
I’ve you’ve read my previous posts, you know I’m a sucker who gave a heaping amount of money to a shyster who was supposed to re-roof my house. I may be naive, but I’m not too proud to admit it and share with readers the mistakes and lessons I’ve learned. I would prefer to have my money back, but that’s as likely as Republicans and Democrats unanimously agreeing on a healthcare plan. So after research and painful experience, here are tips to stay on top of a re-roof.
First, if you can file an insurance claim due to hail or other covered acts of God, ask your insurance company for an appraisal. Our roof was old, so American Family Insurance only covered a portion of the replacement. It took a few weeks before our check arrived, then a few more weeks before our mortage company co-signed.
While you are waiting for your check to arrive, start researching roofers. Check them out through the Better Business Bureau, any local or national referral services and your city or county. To be doubly sure, Google the name of the company and owner for complaints. Narrow your choice down to three, then ask for estimates which should include: removing the old roof, disposal of trash, new materials including flashings, ice and water shield, felt, etc., and clean up. (If you have children or small animals, you might want to request daily clean up of staples with a magnet.) The cost of replacement is affected by your choice of materials, the size and slope of roof and the style of your home (ranch or 2-story).
Ask for references, then check them. Your best bet is a roofer who is local, has a long history in the industry, is detailed about costs and has a good reputation. Make sure they are licensed, bonded and insured. Some states don’t license, so you’ll have to check with your local government to see if their licensing and fees are up to date.
Once you have made your choice, carefully go over the contract. It should include the previous estimate, a description of the project, a date when the project will be completed, a payment schedule, and any penalties incurred if the contract is cancelled or your payments are late. (Make sure you ask if there are any hidden fees.) I have included some sample contracts at the end of this post. The bottom line: Get everything in writing.
Choosing a roof can be a daunting task with all the materials, styles and colors to choose from. If you’re not sure what you like, visit a showroom. Take home samples, then lay them on the roof and look at them in different lights. Wait a few days. Remember, a roof is a long-term investment.
When you’re ready to buy materials you have three options:
1. Your roofer can purchase the materials you select from their supplier–sometimes at a discounted rate. If you choose this option keep in mind that if they don’t pay their supplier, that supplier can then hold you responsible and put a lein on your home. So if you choose this option, check with the supplier to make sure they have a good relationship with your roofer and the he/she has good credit. If a roofer asks for money up-front, it’s an indication they have poor credit. Trust me, don’t use them.
2. Purchase your materials from a big box store like Lowes or Home Depot. Use a credit card that secures your purchase.
3. Use a contractor escrow service.
Resources: National Roofing Contractors of America, elocalroofers.com, Colorado Roofing Association
Sample contracts: Maris Brooks, ABCA Forms, US Roof and Repair
Please chime in if you have any other suggestions or if you’ve had an experience you’d like to share!
Oct
19
If you’ve been reading my posts, you know I got monumentally ripped off by a brilliant liar–Brian McFate of Rocky Mountain Custom Decks and I/E Services. I am considered “nice,” but when riled I am more like a nice pit bull (with lipstick of course). My goal has been to see justice served or at least keep McFate from cheating others. Along the way I’ve learned some things I’d like to share.
How to Boil a Toad: Put a Crook Out of Business
First, purge your emotions. Cry, scream, throw things. No harming of children or animals–except toads, of course).
File a report with local law enforcement. Get all the details together in chronological order with receipts, contracts, photos, text messages, phone calls, dates and times. Be as detailed as you can. Chronic liars and cheats often cannot remember their trail of deceit. Most likely you won’t ever see your grifter in criminal court, but having a detailed case file can be important later on.
File a lien against their property. http://wiki.answers.com/Q/How_do_you_place_a_lien_on_a_property
If applicable, take your case to small claims court. In Douglas County, Colo., the amount must be less than $7,500. If it is more, you will have to file a civil suit. Which means lawyers.
File a complaint with the Better Business Bureau and the Federal Trade Commission.
Realize you will probably never see a dime of your money ever again.
Cry, scream, throw some more things. Once again, no harming of children or animals (this does not include the toads).
Then have some fun. Huh? You say. I’m serious, make this a game. You can’t live in a state of anger or you’ll ruin your life. Look at it this way: you are the cat, they are the mouse (sorry, toad doesn’t really work with that metaphor). Keep a sense of humor while chasing them out of business.
Here’s some steps you can take:
Write a negative review on every website that accepts them. If possible, use the owner’s name (and any partner), since many shysters simply change the name of their business or transfer the business to a partner’s name. Rip-off Report, Yellowbot, Yellow Pages, Dex, Superpages.com, Yahoo Local, Kudzu, Yelp, Insider Pages, Zip Hip, City Search.
Place a free ad on Craigslist asking if there are other victims. You will have to select a section to put your ad in such as community or services offered.
If the individual or business has a physical address, picket their business or hand out flyers. Brian McFate of Rocky Mountain Custom Decks and I/E Services has a series of bogus addresses, and lost his booth at the local home show–where we orginally met him–because (surprise!) he owed them money. But if he still did the home shows, we would hand out flyers with photos of his messes. Time-consuming, but hey, we like the home shows. Not quite the same if you’ve been ripped off by a pig farmer or portable toilet leaser.
Here’s where the fun really starts–Google the person’s or business’s name and see if they have a facebook page. If they do, send a message to every one of their “friends” telling them what’s happened. You can do this as many times as you like. Although some of them will eventually complain. Or they just might be thankful and become your friend.
Social networking tools are wonderful. If you have a twitter account, tweet about your experience.
If you have the cheat’s phone numbers, call them, put your phone up to a TV or radio (so the noise keeps the inbox rolling–normally about five minutes) and walk away. You’ll have to do this a few times until their message box fills up.
Leave a detailed comment on this website for all to see, using their name, the name of their business and any associates. In this cyber day and age, it’s hard for anyone to hide. Search engines can find them.
Please, no break-up sob stories or personal vendettas.
Those were all free, but if you want to spend a little money–hijack their website. Create a website that is close to the user name of the scammer–For example, if their web address is http://www.handyman.com, register for http://www.handyman.org. The point is to get Google to pull it either higher than their site, or close by on the same scroll-down page. Brian McFate hasn’t paid his web designer or webmaster in so long they’ve sent his account to collections, so we are negotiating for the current domain name.
Count your blessings. Brian McFate of Rocky Mountain Custom Decks and I/E Services had done everything wrong on the underlayment and we were spared the extra costs of materials and labor if someone else had to pull new shingles up and start all over. The roof we wound up with is much better quality than what we would have had, and it works better with the color and design of our house.
Whatever you do, never threaten physical harm or stalk the cheat. You don’t want to wind up in jail yourself. Take a deep breath, give up the anger, and remember, putting a scammer/conman/shyster/grifter out of business is a public service.
Ribbet, Ribbet, Brian McFate (and Dominic Guilmette) of Rocky Mountain Custom Decks and I/E Services.
(The previous suggestions are for entertainment value only. I cannot be held responsible for anything you choose to do, or any way you choose to do it. I could throw in a ton of legalease, but I know most of you don’t really read any of that anyway. Any more than you read the 18,000-word terms of service before you check the box and click enter. Any more than you read the preface to a literary novel. Or any more than you read the full instructions when it says clearly, “Read the full instructions before assembling.” Forgive me if I am projecting here!)
Oct
12
If you haven’t been following the comments on this site, you may not realize they tell a story in and of themselves. To make it easier to catch up, I’ve cut and pasted relevent comments in chronological order.
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Hi Shelly, I’m Ann McFate, the nutso ex-wife of Brian McFate. I am so sorry to hear of your losts, but I am willing to help you in any way I can. The reason I divorced Brian was because he was stealing people’s money, so if you need any assistance in finding him, please feel free to contact me. (August 18)
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From Shelly: Dear Ann, Please forgive me for printing Brian’s assertions without qualifying them. I should have known with all the other things he lied about, that he’d lied about you too! I think we now all know who the nutzo is!! Thanks for finding the website and thanks for commenting! Shelly (August 19)
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From anonymous: Hi, I can’t leave my name as I work for a government agency, but have you contacted an official at your local District Attorney’s office? We currently have an investigator in our district that deals with fraud. I personally handled a case in the likes of this very situation. They cited the man and will be going to court for the fraud. Just thought I’d help a fellow McFate hater… although mine wasn’t by way of crappy work… I knew him personally. Not a nice man. Best of luck to you. (August 27)
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From Shelly: Would you be willing to speak to me personally? If you would send either your email address or phone number to my personal email address I’ll contact you. We’ve tried to get the DA to do something, but they turned the case down. Maybe I could get some suggestions from you. I’ve also contacted Tom Martino, but haven’t heard back from him. Thanks! (August 27)
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(From anonymous) I can’t reveal myself. I’m so sorry.
They turned down the case? I don’t know the specifics of what they require as I’m not an attorney, but here, check out this statute. And below as well.
18-5-301. Fraud in effecting sales.
(1) A person commits a class 2 misdemeanor if, in the course of business, he knowingly:
(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(b) Sells, offers, or exposes for sale or delivers less than the represented quantity of any commodity or service; or
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(d) Sells, offers, or exposes for sale an adulterated or mislabeled commodity. “Adulterated” means varying from the standard of composition or quality prescribed by or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage. “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage; or
(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.
(f) Repealed.
http://www.myspace.com/hrhandyman … and the last I heard…if it was true…he lived in Firestone. (August 27)
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From Shelly: From what I understand the DA didn’t think our contract was valid. Although the roofer who wound up finishing the mess said it was. I’m going to consult with the Arapahoe County DA since I’ve heard they will also handle unincorporated DougCo cases. I’ve got so many other examples of unlawful things he’s done that you’d think someone would take him on in a criminal court. They’ve told me I can use my case number in civil court, but as I said, he seems more appropriate for a criminal prosecution. Any other advice or help you can offer would be GREATLY appreciated. (Added the same day) Oh, and btw, he also had a facebook page which we used to contact him at one point. I can’t seem to find it right now. Although someone has started two pages called “Brian McFake.” Ha-ha. He also had a myspace page titled, “Broken/NOT!” I thought about doing one called “Handyman/NOT!” Anyway, he told us he lived near Lowry. I do know how to track him down when I am ready… (August 27)
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From Jeff Steig: Hi I’m Jeff, Shelly’s husband. Shelly asked me to put in writing a few of my thoughts that I’ve shared with her about Brian McFate the contractor. Brian agreed/promised to reroof our home for a set fee. After stripping off our old roof, Brian ran off with our $15,000 up front fee (for materials he asked for and provided a written receipt). He never returned to complete the job, never returned the money, never provided the material, will not answer emails, mails, text messages or phone calls.
Obviously Brian commited fraud by grifting us out of the money and services he’d made a written obligation to provide. And it appears the county/city justice system won’t/can’t commit the resources to prosecute his crimes because of their other numerous commitments.
So we are going to simply to take our case to the court of public opinion. We will provide you the documented details of ours and numerous other cases stretching back over 10 years and worth well more than $100,000 in unfulfilled obligations from Mr McFate. We will quote details, civil court findings, signed contracts, promises, and bill of sales all confirming the obligations that Brian McFate commited to and then in very consistent MO has failed to satisfy. Some the stories of Brian’s victims are quite heart wrenching. Brian consistently hurts the people who are the most trusting and appear to him to be the most vulnerable. After you hear few of these, it will begin to sound very familiar.
The question you may ask is why? Why bother to research and publish the sordid business dealings of a low quality construction workman? Will it bring back the $15,000 he owes us? Will it bring back the more than $100,000 he rightfully owes to others? The short answer is no, probably not. But it just may help protect another innocent customer from falling into Brian McFate’s dishonest and often repeated scam. If just one prospective customer (10 would be even better) does not give their business to Mr McFate, and goes to an honest dealer, than it will be worth it.
Or if just one more (and the numbers are growing) ripped off victim of Brian McFate gets a chance to tell their story publicly and get some kind of justice in the court of public opinion, than it will be worth it. We truly wish Mr McFate no harm. But we wish to protect the innocent. As it turns out, our claim pales in comparison to some of the stories you will be reading about that Mr McFate has victimized and gypped out of $4,000, $10,000, $30,000, even $50,000. So let us know if you know of others, they can tell their stories here too. But they must provide documentation. We don’t want false statements or exaggeration. Because we firmly believe you can’t right a wrong by doing more wrong. It may sound sappy but we hope this blog will be an example of truth actually winning the day. (September 6)
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From Bret: hello shelly,
my name is bret mcfate son of brian mcfate i am here to say truth about my mother and my father the story about my father getting custody of is true and my grandfather getting laid off is true the work we did on the roof was great work we went out of are way and stacked all the srcap wood around the house becaused u asked it took a 2 weeks to lay down tar paper do to weather. (not are falt mother nature) my father is a great man u say ur husband is this ur husband will never be haft the man my dad is. now on my moms case my mother WOW she is far from saine she really my mother divorced my dad because one she could not handle a real man that was there in to the end also she could live with her self in that realiship nowing that she cheated on him and got pregnant my mother has her own problems and needs to stay out of other peoples my mother is a pathological layer and says stuff for attention that is all i have to say any qustions any body has to say my number is 303-350-1691, September 8
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From Shelly: Dear Bret,
I tried to call the phone number you provided, but it didn’t work. I first want to tell you that Jeff and I were both very impressed with how hard you worked in stripping the old shingles and stacking them. I enjoyed visiting with you and getting to know you. And it says a lot about you that you love your dad and are willing to defend him. We are very sorry if you are being hurt through all of this. Our intention was never to hurt you or to make your life harder. We never intended to hurt your father either. We just wanted him to stop hurting other people. We are willing to talk to you at any time and you are welcome to comment here anytime. I will do my best to keep those comments just as you have written them. We wish the best for you Bret. (September 8 )
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From Bret: thank you and no hard felling i was a little hurt about what was said about my dad and my phone will be on today be free to call and thank you (September 9 )
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From Shelly: Dear Bret, the phone number we have is not the right one. It rings at an engineering firm. Could you please resend the phone number? Thanks! (September 9 )
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From Bret: yea the number is 303-350-6218 my bad there u go (September 14)
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From Shelly: Hi Bret, I’ll try to give you a call either tonight or tomorrow afternoon after school. Thanks for the phone number! (September 15)
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From Bill: Hi Shelly, Unfortunately, we have also had dealings with Brian very recently. We would like to communicate directly with you. Hopefully, we can help you in this matter. (September 28)
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From Tom Cryer: Brian McFate of Rocky Mountain Custom Decks ripped us off too. He has the ability to look you right in the eye, take your money, walk away and never show up again. Additionally, his personal life is such that he is constantly on the move, so forget tracking him down. Steer clear of this man! Based on my definition, he is a thief that just hasn’t been caught yet. (October 6)
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From Brian McFate: Shelly, I only going to tell you this one time “Bret, is 17 years old, he is my son. he under age of an adult. Do not have any conversation with my Son. You have a problem with me…
“DEAL WITH ME”
quit hiding around courners, quit telling lies…….but first and for most…………”STAY AWAY FROM MY FAMILY”
OR I WILL HAVE THE LAW ON YOU SO FAST…. THAT YOUR BLOGS WILL BE THE LAST THING YOU NEED TO WORRY ABOUT.
WE ARE GOING TO COURT “SHELLY AND JEFF” AND LET THE JUDGE DECIDE WHO’S WRONG AND WHO’S RIGHT…..ALL OF YOUR BLOGS AND SMEARING MY NAME AROUND….TELLING PEOPLE THAT IM ON THE RUN.
LIES……..LIES…………….LIES
MY 16 YEARS OF CLIENTS ….MIGHT JUST START WRITING YOU ON THE POSSITIVE SIDE ON YOUR BLOG………..BUT YOU MIGHT DELETE THEM!
YOU WANT TO BUY A ONE WAY TRIP TICKET FOR MY SON THAT IS SO LOVED IN FLORIDA…………
FUNNY
BRET MOVED OUT HERE BECAUSE HE WASN’T WELCOME AT HIS OWN MOTHERS HOUSE……..
AND MY MOTHER………MY MOTHER
TOLD MY SON AND I QUOTE “REMEMBER ALL THE PEOPLE THAT YOU CAN TRUST IN ONE HAD……..WELL COUNT YOUR GRANDMA AND GRANDPA ……………..OUT”
“WHATS WRONG WITH YOU PEOPLE” WHAT ARE YOU DOING…
I CAN’T WAIT TO START A BLOG ABOUT SHELLY AND JEFF
YEAH…………………ABOUT YOU
LET THE WORLD WIDE WEB SEE HOW I’VE DONE DESIGN AFTER DESIGN ……………THE HARD WORK,,,,,,,,,,,,,,THE FOOT WORK
BECAUSE I KNOW WHAT IS PERFECT FOR MY CLIENTS. REMEMBER
REMEMBER
WELL I REMEMBER THE DESIGN CONSULTANTING AGREEMENT (CONTRACT) THAT YOU SIGNED 3 YEARS AGO SAYING THAT THERE IS A 150 CHARGE FOR EVERY DESIGN AFTERWARDS……
“NOW………………..HOW MANY DESIGNS HAVE I’VE DONE FOR YOU ????????????????????
ENOUGH FOR ME TO START A BLOG……
STATING
“HELP ME…………I’VE BEEN RIPPED OFF”
“SEE YOU IN COURT”
“AND LASTLY……………..LEAVE MY SON ALONE”
“SHELLY AND JEFF,,,,,,,DON’T WIN THE BATTLE,,,,,WITH MY FAMILY………COW BOY UP………..AND WIN THE WAR!”
CAN’T WAIT TO SEE YOU IN COURT…………..AND WHEN YOU LOSE………………THEN WHAT YOU GONNA WRITE ABOUT???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
ARE YOU READY!
PS. with all the research you have done on me…….the radio show that you where on……………yeah i was on it before……
he said i was an awesome contractor “the way i performed and the way i handled the client…………”
“he doesn’t like being LIED to”
sounds like history has its way of repeating itself…..hmmmm
typ. as a jernalist Shelly…………….people respect you more when you post the facts………. not miss leading information
“make i should take a poll?” (October 7)
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From Shelly: Brian, Please have clients write in. I’d be happy to include any comments they are willing to make. As for your threats, not once have I “hidden” and I have yet to lie. If YOU are not hiding, please provide your current phone number and business address where you can be reached. As for Bret, he contacted me first. My comments were in response. Everything I have said or written is true and verifiable. As for the design consulting agreement, I believe you did a modification. If you charge $150 for that modification, that means you owe me $14,850. Any time you are ready to settle up, let me know. (October 7)
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From Brian McFate: why do you think the DA didn’t take your case…….”dah, you changed the contract” and then you wouldn’t pay us… and after i had a conversation with you 4 days after payment was due….you told me that i had to talk with Jeff.
Jeff stated that “Sorry I can’t pay you, but hum maybe this will be insentive for your guys to get done faster…
hmmmmm “nice hold money on my guys that have been working on your roof in bad weather and 90 degree weather to top it off.”
the very next day……..
the very next day……
We don’t show up at your house, intil i get something in writing so that my guys don’t get LIED to again,,,,,
and what do you do instead of coming up with an agreement…
you call the cops.
hack in to myspace page and tell all my friends that I’m wanted by douglas county police department..”and that was not true as well”
only to find out ……the one day i wasn’t at your job site with my crew, that you wearn’t going to pay us as agreed “lie” I was at the doctors office……….and yes shelly can’t wait to show you the doctors note…..
how nice, being sick , just getting out of the doctors office to only find out that My “client”, “went postal” hacked into myspace page and attacked all of my friends with lies……
and then become a detective,,,,,and track down my 2 x-wives
only to find out that you can’t believe them either
” I’m sorry i saw all these blogs about me….but I didn’t see any thing about what you two did………next time you should tell the hole story
ps….I had a 3 hour conversation with WordPress.com
“guess what …………there watching you” and you being a journalist……….hope you know whats ok to write on this site about. you may end up lossing membership over it….hope its worth it.
but if you contuinue to write stories “YES STORIES”
“does journalist take an oath?”
“please write the hole story”
Successful contractor since 1992
first contractor in the US to be awarded “Peak performace contractor”Also just to let you know these are the following items That I have achieved with Rocky Mtn. Custom Decks
USGBC ( untited states green building council) green building certification institute GBCI#10485311
5 years gold star award for BBB
Class A,C,D General contractors licensed in over 20 cities and county’s in the Denver, front range
1999 Parade of Homes Project
2002-2005 Garden and Home show “Best Display”
2005 First Testimonial article with Evergrain decking , “in the country”
2006 awarded first in the USA (peak performance contractor)\
2006 Builder Magazine article
2007 Architectural west magazine (Cover story)
2009 1/2 hour show on the DIY “TV show on the DIY home improvement show” air’s this Oct. 2009
2009-10 coming soon “LEED PE” (leadership in energy and environmental design) (October 7)
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From Shelly: Brian, Please do provide the doctor’s note along with the name of the inspector who was supposed to come check the roof on August 4. Also, all receipts including those for materials you claim you purchased. (October 7)
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From Heidi McFate: Brian, It seems to me that you are calling me a liar. “track down my two ex-wives and only to find out that you can’t believe them either”. I don’t tell lies about you, I only tell the truth! I don’t appreciate you implying that I’m a dishonest person. I can go on and on about what a dishonest person you are. I’m one of the people you have been ripping off. For instants you said you were going to claim bankruptcy on Rocky Mountain Custom Decks when we were going through our divorce. Well your still in business 3 years later. You still owe me several thousand dollars from the divorce. Not to mention the amount of child support you owe (18,000+). You’re not paying a dime for your other two children right now. How low can you get Brian? Your just another sad story about the dead beat dad. Unfortunately you affect everyone around you with your lying, cheating, manipulating and bullying. It’s time you get brought to justice.
(Added a little later) Brian, It sounds to me like you are doing quite well for YOURSELF! Your in so many articles and have won so many awards. You must be bring in money from your business How come your not taking care of your children? I hope you know that you are in contempt of court with child services. (October 8 )
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From Carlita: This is amazing, sounds like a huge tool – doing so well but can’t pay child support? Probably doesn’t even see the kids I am betting. Has anyone contacted the Better Business Bureau and reported him there? Obviously he is a liar, cheat and scam artist. I am sure they would be more than happy to record that about his business. (October 9 )
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From Shelly: Ours is one of five complaints. You can see the BBB’s rating of Brian McFate and Rocky Mountain Custom Decks at: http://www.bbb.org/denver/business-reviews/patio-and-deck-builders/rocky-mountain-custom-decks-in-centennial-co-75000500 (October 9 )
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From Carlita: Thanks for including the link, I couldn’t figure out the site before to see. Amazing that they have rated the business an F, requested the removal of their logo (to which he hasn’t responded or complied) and Mr. McFate STILL has the nerve to list all his credits. I would be surprised if more than half weren’t bogus. (October 9 )
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From Shelly: Hi Tiffany, Thank you so much for your comment. While it made me laugh, I can’t post it because I am trying to avoid any appearance of malice. Malice is an important element in proving libel, which could result in WordPress shutting down the site or me winding up on the wrong side of the law. Any statements that can be interpreted as a personal attack without a basis in fact fall into this category. Any other statement or opinion, however uncomfortable or condeming, can be published. So if you have a comment about inconsistencies or inaccuracies, if you’ve personally had an experience you’d like to share, or you’d like to make a statement about something someone else has said, please comment away. Thanks again for reading and keep coming back because your views keep this site riding higher on Google, which makes it easier for me to find more victims, which in the long run will help bring Brian McFate to justice. (When this is all over, I might even send your comment along to his exes for their amusement. Or, better yet, to Brian!) (October 11)
Oct
07
After reading Brian McFate’s comments on “Dear Bret” which I approved October 7, 2009, would any of you like to ask him for clarification? Regarding his accusations towards me, would you like me to address any particulars? I will be happy to answer as many questions as I am able. I do accept comments written anonymously.
Oct
06
As a result of this blog, a few days ago I had a conversation about Brian McFate that made me realize crooks are so selfish, they can’t fathom how their choices distress others. Even the ones they don’t intend to hurt. Who often happen to be the ones who love them most. Who suffer humiliation, betrayal, grief.
Maybe someday I can tell you about that phone call. I will say that it compounded recent struggles concerning my pursuit of justice. I felt guilty after the conversation despite the fact that Brian McFate alone is responsible for his choices. I felt guilty because although McFate’s choices aren’t my fault, I am still the megaphone through which the pain is magnified.
This raised a few questions: Should individuals pursue justice or should justice only be pursued corporately? I’m not talking about the vigilante type–I have no plans to defy the law to uphold the law. After all, I still believe what my mother told me, “Two wrongs don’t make a right.”
But if I do what I believe is right, can I right a wrong? I’ve found victims who’ve won judgments against Brian McFate in civil courts, but have not been able to find justice. Others have realized the costs of pursuing civil judgments are prohibitive and haven’t even tried. When I shared my quandaries with my husband, he came up with this analogy–I’m the bird dog who points the hunter to the prey. I don’t pull the trigger, but I participate in the process. I’m not sure how I feel about being compared to a dog, but hey, it does help me see my role more clearly–trying to prevent McFate from taking advantage of more people and in the end seeing corporate justice applied.
It was also apparant that I needed to align my pursuit of justice with my Christian faith, so I decided to take a look and see what the Bible has to say. I’m no more a theologian than I am a warrior, but it’s almost as if one of the 138 verses on the topic was written specifically about Brian McFate of Rocky Mountain Custom Decks and I/E Services: “For I, the Lord love justice; I hate robbery and iniquity” (Isaiah 61:8). What I found reassured me that I am on the right track. What I determined is sometimes love means holding a person responsible. Or at least helping out those who’ve been hurt. As for turning the other cheek, I’m still trying to figure that one out. But I can guarantee you it won’t include writing another hefty check to McFate.
There was another verse on the same topic: “Defend the cause of the weak and fatherless; maintain the rights of the poor and oppressed” (Psalms 82:3). If you listened to the Tom Martino show the day I called in, you heard his response when I told him I’d given McFate money up-front. Martino didn’t actually say it, but you could hear it in his voice–(“STUPID!”). He almost yelped, “I always tell people not to do that!” Again you could hear in his voice–(“DUH!”). So here’s the three-part question: Why is our society so reluctant to pursue white collar criminals? Is it because we feel the victims of white collar crimes get what they deserve? After all, McFate didn’t hold a gun to my head and demand the money. I handed it over willingly. (STUPID, DUH). A shoplifter who steals $13.50 worth of make-up gets jail time because they took something without permission. But a grifter pretends to be trustworthy, promises something he doesn’t deliver then betrays that trust–walking away with an easy 15 grand. This is not part of the three-part question, but I’m going to ask it anyway: Is that fair or right?
Now here’s the actual third part of that three-part question: Does this mean the stupid or weak don’t deserve protection, that only the smart and sensible deserve justice?
I certainly hope not.
Oct
02
I understand your phone was stolen and you’ve not been able to receive calls, and I know you check this blog occasionally so thought I’d try to reach you through this means. I also heard your dad never paid you for the work you did at our house. Is that true? If so, I would like to still pay you your wages. However, I want to do that in the form of a one-way ticket back to your family who loves you in Florida.
Let me know what you think…
Sep
29
To say I dislike dentists is an understatement along the same lines as saying Brian McFate has a problem with truth and integrity. But when I felt a grinding crunch and a rush of cold air across an exposed root that made my toes curl backwards, I knew I had to make an appointment.
The tooth had been hurting on and off the whole time I was overseas (but letting a Chinese dentist in my mouth would have been a monumental mistake along the same lines as writing Brian McFate a hefty check up-front). Right before the tooth broke, I asked my next-door neighbor for the name of her dentist since mine had given up his practice. But when it came to actually making the appointment, I kept putting it off. I can’t afford it right now, I don’t have time, there were a myriad of excuses. What it really comes down to: I tend to avoid situations I don’t like, even if I know it’s better in the long run to face them.
I’m in a similar position with this whole mess regarding Brian McFate of Rocky Mountain Custom Decks and I/E Services. In order to keep my momentum, I have to stay focused. Which means maintaining a modicum of anger. And I don’t like being angry. I like fairy tales with happy working songs, Anne of Green Gables, sunshine and flowers, cakes and birthdays. You get the picture. Instead as I’ve pursued those rabbit trails, completed interviews and read his case files, I’ve been wallowing in the muck and mire that is Brian McFate’s life. And trust me, there are no happy working songs there!
At about the same time I broke my tooth, I’d also had enough of McFate. From things he’s said, he considers this all a game. When I heard he was still doing jobs in the state of Colorado and had supposedly landed a $30,000 gig, I felt like he was winning. And I dislike losing almost as much as I dislike the dentist.
I was discouraged. Then last night I got an email from another couple he’d conned. And I was once again energized. So despite the fact that dealing with Brian McFate of Rocky Mountain Custom Decks and I/E Services is as bad as having a root canal, I’m going to grit those newly crowned (and very expensive) teeth, maintain my focus and keep pursuing justice.
Sep
22
Fifteen years ago before we moved to Colorado, my husband convinced me to call a nationally syndicated radio talk show and ask the featured physician whether our daughter’s rare bone tumor could be related to the high-voltage power lines not far from our home. As I waited on hold, I covered the mouthpiece and hollered to my husband, “I think it’s the wrong show, there’s some lawyer on.”
“Nah, I think they just run other shows while you wait,” he responded.
After about 20 minutes, someone picked up and said, “You’re next.”
I had a few moments to compose my thoughts before the host said, “Hi Shelly from Papillion, Nebraska, you’re on the LawTalk radio show. What can I help you with?”
So much for composure. “Uh, uh, uh,” I stuttered for several seconds as I tried to recover from my surprise and regain a grip on the English language. I was so embarrased, I’m sure the listening audience could actually feel me blushing. Since then I’ve had a mental block when it comes to talk shows. Kind of like when I fell off my friend’s mare in junior high. I’ve heard the old adage about getting back up on the horse, however sometimes you literally can’t bring yourself to do it.
But when everyone who heard the story about Brian McFate kept telling me to call Tom Martino (aka “The Troubleshooter”), I figured it was time to conquer my fear. After a few emails, the producer responded with the phone number and some instructions. Yet, I still couldn’t bring myself to make the call. My excuses: I had more research to do, I needed more information, there were still so many rabbit trails.
On September 8, I was interviewing Brian McFate’s previous decking partner. Ten years ago Bob was checking out at a lumberyard, when the cashier exclaimed, “Your business was just on Tom Martino!” Bob never forgot the humiliation.
After hearing Bob’s story, my husband got revved up, “You need to call today. This is perfect! Let Martino know he’d talked about this guy a decade ago!”
Hands shaking, I picked up the phone and dialed. The producer answered and said, “I’m gonna let you talk to Tom.” Then put me on hold.
For an hour and 20 minutes.
After patiently waiting for about 15 of those minutes, I put the phone on speaker, did some editing work, drank a cup of tea, filed my fingernails, played with the dog, flipped through a magazine, washed a few dishes, didn’t pick my nose, took a potty break… I figured like last time, I’d get a heads-up when it was my turn.
Nope.
All of the sudden I hear, “Shelly has a home improvement fraud, she believes. Shelly, fraud’s a big word, man. What’s happening? …What’s going on Shelly? …Are you there?”
Dashing into the kitchen, I tripped over a dog toy and rescued myself from splatting on the tile floor by grabbing the counter with one arm and snatching up the phone with the other. “Can you hear me?” I panted.
When I’m nervous or excited, I have a tendency to talk like a teenager drives–at breakneck speed. So I utilized every ounce of self-control to slow down. Midway through the eight-minute conversation, I started to feel pretty good. This is going great! I thought. He really, really likes me! He’ll want me on again! I’ll be his new sidekick! OPRAH! Honest, I don’t really suffer from delusions of grandeur, but even half the 15 minutes of fame can be pretty intoxicating.
When I hung up the phone, my husband, who had been listening to the broadcast in another room, came back into the kitchen. “Now if you ever do a show again, I would suggest…”
I may be nice, but I can still give The Look. Guys, you know the one. It’s usually accompanied by the slamming of doors. “I thought I did pretty well,” I said.
“Now don’t get defensive, I’m not criticizing. I just think you could…”
“Could WHAT?”
He stopped short, “I’m just gonna go on out to the garage and check the tire pressure.”
As he ducked out the door, I logged onto the KHOW website and downloaded the podcast for that hour. When I played it back, I realized I had been speaking at a g-l-a-c-i-a-l pace. So much for balance. Martino was prodding me along, and eventually I did pick up the tempo. But not before the producer said, “Out of boredom I pulled his background. I’ve never seen one this long. Fifty-five counts!”
The words “Out of boredom” make me want to hide in one of those rabbit trails I’ve been chasing. However there are parts of the broadcast that are so compelling I’m going to swallow my pride and share it with you. Once you open the website, scroll down to September 8, 1 pm. Then you can either fast forward to 22:37, or you can sit through the whole hour since there is a previous caller who makes me sound brilliant in comparison! When you’ve finished, if you are as appalled as I am that Brian McFate of Rocky Mountain Decks and I/E Services is still a free man, email Tom Martino’s producer at mbassett@troubleshooter.com and ask them to stay on the case!
(An apology to all my journalism professors: I know good writers should NEVER use exclamation points for emphasis! Or italics. Or all-caps for that matter. But these are DESPERATE times and those exclamation points are DESPERATE measures!)
Sep
16
Any of you out there wondering whether Brian McFate of Rocky Mountain Custom Decks and I/E Services showed up for our meeting on Wednesday? Here’s the answer: No, naughta, nay, not, negative, ne, non, nein, nu-unh, nope, negatory, nah…
If you’ve got any more ways to say no, please feel free to comment and list them!
Help Me, I've Been Ripped Off 