Be careful if you are ordering a Hydroswing door. I have been trying to get my hanger door from them and no luck. They have my deposit, told me the door was done, then said they had problems trying to deliver it. Now when I call them the calls are transferred to their company in the UK. No one will tell me what is going on, just take messages with no return phone calls. I know others are having problems with them too.
This is so sad. The more I look into this the worse it becomes. I have never used a lawyer before except in my divorce. Even then it was easy. The ex-husband wanted everything so I gave it to him. I don’t want to give this company my money. So I guess it’s off to se a lawyer. DARN!!
Thanks for the information.
Hydroswing has closed their doors with about 150 door orders that are half paid for. They are broke and cannot get any hydraulic parts or metal or shipping. They have been cut of totally. Marshal Parker is the owner and has fled to the UK. His mobile number is +44 7860 400846 . I tried to call him with no answer or returned call. If all orders were the same as mine he has defrauded everyone of about $750,000.00 . That’s a lot of money. I suggest nobody else orders a door from Hydroswing. If you used a credit card to place the order you can have the credit card company reverse the charge. I paid by check so there is no recourse but to sue.
You might want to check with your lawyer but I am almost certain that if you mailed them a check and they didn’t or wont give you the door or your money back they have committed mail fraud. I believe this is punishable by a $10,000.00 dollar fine and I think 10 years in prison for each offense. I can’t believe you are the only one so this might be a significant instance of fraud by a company or by the owner especially if they or he new that they could never provide you with the door and took your money anyway.
I have been in contact with a few lawyers, the Attorney General of their state and mine. I have to get a judgement lien against them. One lawyer thought a demand letter would be the way to start, but another pointed out that it would simply be thrown out with the rest of the mail. Hydroswing is smart. They have left a few doors on the lot so it looks like they were trying to provide the doors to customers, so I have been told. All the lawyers I have talked to have said that proving fraud is very difficult. I would have to prove they took my money after they had no employees or product to do the work.
One other thing they have done is to first forward their calls to the UK and Keith takes messages. Then the next day they put on an answering machine saying all lines were busy and to leave a message. Of course the mailbox is full so you can’t leave a message.
I have put in a complaint with my state and now doing the same in their state. But to go after them takes money. I am still considering this.
I can predict with a fair amount of certainty what will transpire over the next few months. Numerous lawsuits will be filed seeking repayment of full and partial payments made for product not delivered, claims will be made by raw material suppliers, employees will lay claim for unpaid salaries and benefits, local and federal entities will file claims for various shortcomings and Uncle Sam will lock up all of the company’s US and foreign bank accounts for unpaid payroll and income taxes and Hydroswing will file for bankruptcy protection.
You will then be permitted to join the lineup of people and entities holding demands for payment or judgements against Hydroswing. The assets of the company will be put is a common fund and ALL of the litigants against the company will get some of their money based on what sort of rights they have. (You should not be surprised to see Uncle Sam’s representatives first in line, followed closely by State and local government representatives, followed immediately by bankers holding secured indentures, followed by employees owed payroll payments, etc., etc.)
You, as someone who has fronted money to the company with no protections other than those provided by consumer laws, will be forced to wait to see what is at the bottom of the communal barrel.
You can EASILY spend more on attorney fees than you will ever be able to recover from Hydroswing, even if you were to win a judgement against them. Simply having a judgement against a company is no guarantee that you will ever receive any money from them, but at the least you will be able to use it as proof for a theft loss deduction on your taxes.
Sorry, I wish I could offer you more encouragement and hope for a positive outcome.
JHEM, You are so right. I really appreciate everything you just said. A theft loss deduction is better then nothing.
23 pages of creditors in the bankrupcy filing… we’re in there with y’all.
“The company filed a voluntary bankruptcy petition, which includes lists of assets and creditors, as well as a statement of financial affairs, on Friday. The petition estimates that Hydroswing has more than $1 million in assets, more than $7 million in debt, and that there will be no money left to distribute to unsecured creditors.” (Emphasis added)
Short of hunting Mr. Parker down in the UK and beating the money out of his crooked ass, there’s little hope any of the folks who had placed cash deposits on doors will ever see any of their money again.
Filing bankruptcy isn’t going to protect him from criminal charges, such as interstate mail fraud.
I have read most of the postings on Hydroswing and its owner Marshal Parker and have come to the conclusion that he will walk away from this and start up again. My reasoning is that everyone complains but as lots are owed amounts that they may feel is not worth recovering they will not persue him. What happened to US justice honour and fair play. Dont just moan do your duty and organise a joint action. He owes me thousands so a few more dollars is well worth seeing how the courts view it.
Is he in the Uk or here ?
If a customer who pre-paid for doors that weren’t delivered pursues this matter in the courts, he/she will almost certainly win a summary judgement for their loss. However, as they legally are unsecured creditors of Hydroswing and Mr. Parker, they will have little hope of receiving any monies that might remain in the company’s coffers after the secured creditors, employees and tax agencies have claimed the lion’s share of the prize, if not all of it.
Filing for bankruptcy pretty much prevents any attempts to personally pursue Mr. Parker for any monies owed, regardless of how crooked he may appear to you. One would need to prove that Mr. Parker had criminal intent when he asked for pre-payment on orders. He only needs to admit that he’s an incompetent businessman to escape that rap.
Your pleas for “a joint action” are heartfelt, but ill-founded.
A friend has a 60’ x 40’ Hydroswing that has been working flawlessly for almost 3 years. We are watching closely the the upper piston attach point,and the intention is to beef up that part of the structure. I understand that hydroswing had started a retro fit project on existing doors before they went Tango uniform. Looking for someone that may have received the engineering drawings for this upgrade.
I’ll check a few sources I know of and let you know if they have anything.
I still think it is worthwile going for Mr Parker even if its to investigate mail fraud. The staff at Cottonwood were always helpful it was the UK staff who were evasive. It looks like they are still in business there earning salaries as though nothing had happened. O I forgot nothing has to them. They lost nothing.
Perhaps the UK office was simply unaware of how bad things were in the US?
Good luck getting some civil authority to open a criminal investigation against Mr. Parker, or anyone else in the company, absent a clear indication of criminal intent.
Feel free to pursue a civil complaint against him, I have little doubt you’ll have no difficulty finding an attorney willing to take your money in what will ultimately prove a quixotic quest.
My sources tell me that the UK office was well aware of the problems in the US. Thanks for the advice but I have lost in excess of $15k so another $5k is well worth it. Its a shame it didnt happen in the UK as it could well have meant Mr Parker could not legally be a director of a company for 5 years. If and when he starts up again perhaps some of you will purchase doors from him ?
Why do you feel losing $20K is somehow better than losing $15K?
If Hydroswing files for bankruptcy you needn’t spend a single penny to have your deposit receipt declared worthless with little to no chance of recovering any portion of your money.
Cut bait and run! Take that $5K, invest it, and in 10 to 15 years you’ll get your $15K back.