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VolumeDrive Being Sued! - Page 2
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VolumeDrive Being Sued!

24

Comments

  • @jarland said:
    W1V_Lee Interesting summary. It's a tough read no doubt. Question though, if you happened across the answer to this, did Burst hold the servers because the leasing company said they had to remain there? That would be a strange stance to take if the relationship was between VD and the leasing company, unless Burst played the middle man in the transactions in some way.

    From what I read Burst wasn't even mentioned? It was only Data Sales complaining, they included all the bills for the servers. I think Burst was just playing middle man.

  • LeeLee Veteran
    edited December 2013

    @jarland - Yes it specifically states in the paperwork that they were not permitted to remove the equipment from 422 prescott avenue, scranton.

    They have invoices outstanding back to Jan 2013 and owe the leasing company $116,000

    It claims they are illegally in possession of 182 servers.

    Essentially they want to access the equipment at 9 Market Street and take it all back.

  • jarjar Patron Provider, Top Host, Veteran

    @W1V_Lee said:
    jarland - Yes it specifically states in the paperwork that they were not permitted to remove the equipment from 422 prescott avenue, scranton.

    They have invoices outstanding back to Jan 2013 and owe the leasing company $116,000

    Just curious why Burst decided to be the enforcer for Data Sales. I'm not sure I'd have the balls ;)

  • @W1V_Lee said:
    jarland - Yes it specifically states in the paperwork that they were not permitted to remove the equipment from 422 prescott avenue, scranton.

    They have invoices outstanding back to Jan 2013 and owe the leasing company $116,000

    Wait, which part was that in...? I must have missed it

  • LeeLee Veteran

    I am not going back to check which page, you look. I am just stating what I was reading on my other screen.

  • LeeLee Veteran

    Actually there is quite a lot of interesting info, especially on the inventory and others but meh, too busy.

  • @W1V_Lee said:
    I am not going back to check which page, you look. I am just stating what I was reading on my other screen.

    Whoops, I skipped the top document. It does say they can't be removed from Burst's building.

  • tchentchen Member
    edited December 2013

    @skybucks100 said:
    Oh my god, all the equipment together costs $107,635.00.....

    I've got a tally across all four schedules of $237K - at least at time of purchase. The claim is only for unpaid interest/principal repayment (since feb, 2013) and the missing machines.

    As for Burst.net, the lease agreement 14. Transporation and Installation states "The Equipment is to be installed at the location indicated on the Equipment Schedule." which clearly lists the address for Burst's DC in Scranton, PA. The title still belongs to Data Sales so they asked Burst to lock it down (albeit a bit too late).

  • LeeLee Veteran

    Bottom line is that it's ligit. If Josh does not pay his bills and return the equipment all those customers on at least those 182 servers are going to get taken away, won't happen for a while but it will come.

    From reading it through, paying the bills is not going to be enough, they want the equipment returned.

  • @tchen said:

    Geesh, VD barked up the wrong tree with this one... I wonder how long this'll span out for and if VD will actually be sued...

  • @skybucks100 said Geesh, VD barked up the wrong tree with this one... I wonder how long this'll span out for and if VD will actually be sued...

    They were already sued. Now it has to go thru the court system.

  • @Rallias said:
    They were already sued. Now it has to go thru the court system.

    Oh they were? I thought those were just threats...

  • LeeLee Veteran

    @jarland said:
    Just curious why Burst decided to be the enforcer for Data Sales. I'm not sure I'd have the balls ;)

    Not sure its about them being the enforcer. It just seems that Burst agreed with the leasing company that they would not allow the servers to be removed from the Data Center as part of the deal. Makes the leasing company feel safer knowing the servers would not go missing, of course that failed.

    I do wonder if Burst could be held accountable in any way given they agreed to this, but there is no mention of Burst getting tagged in that way.

    I suppose it was good for burst to agree to as it meant they got a few cages filled, it should really not have been hard to prevent them taking servers never mind 182 of them out of the facility unchecked.

    Although from the other thread it appeared Josh gave them a plausible story as to what he was doing whilst really just lying to them in order to get the equipment out.

    Thanked by 1jar
  • drserverdrserver Member, Host Rep

    If DataSales wants their equipment back, they will get it back. So this is no win situation for VD. They must return servers to DS sooner or later.

    $116,000 is another issue, that is solvable. Very bad and almost unsolvable is informing clients about this issue and stay alive.

    Wish you all best VD

  • I've always wondered how they were able to sustain those prices. Gave me headaches trying to price match.

  • drserverdrserver Member, Host Rep

    @concerto49 those was really big headaches

  • @rds100 said:
    Unless the court comes out with a ruling against volumedrive i don't see the big deal there. In USA everyone is suing everyone else for whatever reasons.

    No, not everyone in the US is suing everyone else for whatever reason.

  • so are we waiting for VD to deadpool? Not sure to celebrate or mourn.

    Thanked by 1Nick_A
  • Curious, BurstNet just moved everything into the new facility. As I remember VD hadn't moved their servers into that facility. So were they supposed to remain in the facility Burst moved from? How could they be sued for removing servers that were never installed in the new facility?

  • Nick_ANick_A Member, Top Host, Host Rep

    Did somebody say exotic cars?

  • jarjar Patron Provider, Top Host, Veteran

    @RLT said:
    Curious, BurstNet just moved everything into the new facility. As I remember VD hadn't moved their servers into that facility. So were they supposed to remain in the facility Burst moved from? How could they be sued for removing servers that were never installed in the new facility?

    No no it's ok if Burst moves them, as long as the two companies are ganging up on VD then anything goes.

    @cosmicgate said:
    so are we waiting for VD to deadpool? Not sure to celebrate or mourn.

    I'm not sure why you'd want to celebrate someone's failure. I'm sure the VD guys aren't having the best of days, why kick someone when they're down?

  • @jarland said:
    why kick someone when they're down?

    I laugh at people in exotic cars when they speed past me and then get pulled over by the cops.

    @Nick_A said:
    Did somebody say exotic cars?

  • Nick_ANick_A Member, Top Host, Host Rep

    pics

  • @eric1212 said:
    Could someone summarize the important points in these documents? :P

  • jbilohjbiloh Administrator, Veteran

    Color me surprised in how small Volumedrive appears to be. Figured the amount of servers they had under management would be much higher.

  • Awmusic12635Awmusic12635 Member, Host Rep

    @jbiloh It is quite possible they starting using another company perhaps after their payments starting catching up with them with this company.

    Who knows.

  • jbilohjbiloh Administrator, Veteran

    Certainly possible. I really have no more insight into VD than anyone else here. Just my gut feeling tells me they are on the smaller side.

  • Also, does anyone know how long their client portal has been in 'beta' ?

  • Cltcam said: No, not everyone in the US is suing everyone else for whatever reason.

    Are you a lawyer? ;-)

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