removed from Concerns About Surviv Business and Misleading Lead Tlme

I believe Survive sent my check out on October 19th and I received it on October 24.
 
first alchemy said:
I've came to this forum twice concerning negligent lying deceiving knife manufacturers and I've been right about both. the first time I came here I had lawyers contacting me threatening legal action. I even had moderators delete posts and banned me from this forum. Everybody(Fan-Boys) thought i was a lying disgruntled customer. I know how far this can go. Survive knives are nothing more than Liars. They have deceived their customers far too long and need to be exposed. all of their customers here on this forum need to demand a full refund and cancel all orders. You better do it before it's too late
Click to expand...

You were told to stay out of a manufacturer's forum. You're still here voicing your opinion aren't you? Some disagree with you and many others agree and for good reason. Silence from the manufacturer certainly doesn't help ease any concerns. Your problem is credibility. You get heated up and nasty. You make bold claims and then fall short when it comes to backing up statements. You could easily post an edited pic of the check you received. Nobody is asking you you divulge personal info.
 
Last edited:
Morrow said:
You were told to stay out of a manufacturer's forum. You're still here voicing your opinion aren't you? Some disagree with you and many others agree and for good reason. Silence from the manufacturer certainly doesn't help ease any concerns. Your problem is credibility. You get heated up and nasty. You make bold claims and then fall short when it comes to backing up statements. You could easily post an edited pic of the check you received. Nobody is asking you you divulge personal info.
Click to expand...

Ive been informed by 2 moderators not to post incriminating evidence on this forum. You're not a lawyer and I've dealt with them before. You can take my word for it or you don't at all. It's your choice. if you're stupid enough to not cancel your orders and demand a full refund from this company... don't blame me for trying to warn you
 
first alchemy said:
Ive been informed by 2 moderators not to post incriminating evidence on this forum. You're not a lawyer and I've dealt with them before. You can take my word for it or you don't at all. It's your choice. if you're stupid enough to not cancel your orders and demand a full refund from this company... don't blame me for trying to warn you
Click to expand...


Which moderators? Posting a check you received isn't incriminating evidence. It's coming down a "put up or shut up" situation for you. It's your choice.
 
Regarding CH 11 BK reorganization:

In 2008 when the whole RE market and financial institutions were in the downward spiral vortex melt down mode, I had gotten myself in some serious financial trouble so I had sought the counsel of Chapter 11 bankruptcy attorneys. From the perspective of my own microcosm, CH 11 BK protection is extremely expensive and although there is a provision in the law for it to be applied to peanut sized businesses such as my past business endeavors and also I suspect where Survive! to be at, I had found out that almost law firm in my domicile of San Diego, CA was prepared to take on such a case for less than about $40K in retainer. Further, such procedure could've easily escalated to well over $100K in legal and CPA fees plus all the scrutiny that the court appointed receiver or the BK court Trustee puts on the business for a period of 3 years.

I have no information about the veracity of First Alchmey's claims but it seems like someone in the Survive! supply chain is p*ssed off at the Co and is leaking and disseminating such information. I have no idea as how such reorganization will help Survive! because AFAIK, there are no conventional investors and most if not all of the capital was raised through preorders, presales and crowd funding. My unfortunate experience with CH 11 BK attorneys was that they make lots of promises (some well intended) but most often they are wrong and misleading. To file for BK protection is a right which is afforded to the U.S. Citizens and Corps (businesses) by the Constitution and one has to do what one has to do. That said, the BK court judges are not that easy on the CH 11 filers and if they deem that the person or the business will be better off in the long term to just go through with CH 7 (complete liquidation and appropriation of whatever is worth a darn) then the CH 11 filing will be most probably just get dismissed (unsuccessful) as opposed to consideration for being discharged (successful).

I am not a lawyer and what I have typed in here is just based on a smidgen of personal experience. I never filed and I never sought any other BK options. That is all that I am willing to say on this subject which caught my attention!
 
While it is rather hard to give any credence to FA based on his post history, continual lack of evidence, and just his general attitude, there are a couple points to consider. Chapter 11 would probably be the only way they could file. They made too much to file for 13, 7 would liquidate all assets/inventory which I am sure they would want to avoid, additionally there would be a very interesting conversation about taking in the new pre orders while filing for 7. Separately, why is Survive! issuing refunds by snail mail check when most people probably paid through Paypal?

Survive! really needs to step up to the plate to address and take some responsibility for their actions, lack of customer service, communications, refunds, and ignoring their loyal customer base which is the only reason they have even come this far on others money. From the outside it certainly looks like they are spiraling and taking a lot of money with them.
 
Morrow said:
Your choice has been noted.
Click to expand...

tumblr_o3amgjcEmc1tw56aho1_500.gif
 
My conclusions is S!K had to pay by cheque because their paypal account got frozen for investigation.

Series of events that lead to current situation:
1. Some customers got pissed of the wait times
2. Demanded refund
3. Created drama/panic due to disfavour
4. More refunds requested (yellow light on paypal side?)
5. More drama/panic ensues
6. Even more refunds requested and a pike in open cases via paypal (red light on paypal side?)
7. S!K Paypal account got frozen for investigation
8. As we all know Paypal are not the quickest in resolving of cases.
9. Even more drama/panic ensues
10. S!K other option is to make payment via cheque.
 
This week marks a very important decision for Survive! They have flat out, unequivocally, been breaking federal law regarding stated delivery times at the Point of Sale and Online Sales. And they continue to flagrantly show utter disregard for the law in that area. Even the most die hard fans agree on that point now.

But now, this week we move into a far FAR More serious concern that Survive is Not Refunding money they took. That (would be) outright theft and would be viewed much more serious by law enforcement as felonious. We would no longer be talking civil, we would be talking criminal. Each passing week that Survive does not honor refunds, that concern will grow greater. For Survive's sake, they need to squash those concerns. Taking money and not returning it will be viewed Far more serious by law enforcement then not paying a machine shop (which is a civil~contract law matter). SK needs to get their priorities straight and put this controversy to bed.

https://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received
 
Skystorm said:
While it is rather hard to give any credence to FA based on his post history, continual lack of evidence, and just his general attitude, there are a couple points to consider. Chapter 11 would probably be the only way they could file. They made too much to file for 13, 7 would liquidate all assets/inventory which I am sure they would want to avoid, additionally there would be a very interesting conversation about taking in the new pre orders while filing for 7. Separately, why is Survive! issuing refunds by snail mail check when most people probably paid through Paypal?

Survive! really needs to step up to the plate to address and take some responsibility for their actions, lack of customer service, communications, refunds, and ignoring their loyal customer base which is the only reason they have even come this far on others money. From the outside it certainly looks like they are spiraling and taking a lot of money with them.
Click to expand...

Chapter 13 has nothing to do with what you had made in the past but as to whether it is worthwhile to reorganize within the limitations of CH 13 or to just liquidate under CH 7 and be done with it. Every state has different rules and although BK falls under Federal Law, States have their own rules and regulations which take precedence over Federal in most cases.

Below is an excerpt which I just pulled from the Interwebs:

"These limits adjust annually and the next chapter 13 debt limit adjustment will occur on April 1, 2017.

The secured debt limit of $1,184,200 includes the total of all debt that is secured by personal and real property owned by the debtor including mortgages secured by real estate (i.e., residential homestead mortgages as well as mortgages on rental or commercial properties, if any) and other collateralized debts such as vehicle loans, equipment loans, etc. The secured limit may also include tax liens.

The unsecured debt limit of $394,725 includes the total of all amounts owed on unsecured lines of credit, credit cards, medial debts and other consumer debts, some taxes owed and even disputed debts in most cases. This unsecured debt limit is calculated per person in the event that a married couple files a joint chapter 13 bankruptcy case.

Any individual that is either employed or self-employed in business is eligible for chapter 13 bankruptcy relief provided the individual’s unsecured debts are within these limits of $394,725 unsecured / $1,184,200 secured.

Individuals who exceed the chapter 13 debt limits still have the option to file under chapter 7 so long as their income qualifies under the means test, or otherwise may file an individual Chapter 11 proceeding, particularly for individuals with income-producing assets such as rental properties, valuable business interests and other property holdings that would be liquidated in chapter 7."

IIRC, the Survive! business structure is an LLC (could be wrong) so if they go belly up the personal assets of the Principals will not be effected by the filing per se unless the creditors (large and small) can prove nefarious activities or tort which will end up in dismissal of the petition and offering the creditors direct shots toward Survive! and its Principals. Taking orders is not considered nefarious and fraudulent but running up bills and credit charges knowing that you'd be filing would be frowned upon and scrutinized "bigly". Also preferential payments to certain creditors as opposed to others will be challenged by the Trustee and some will be called back within a certain period prior to filing. It is very messy and that is why a competent and specialist Atty is needed for successful discharge (acceptance) of the filing.

I don't think that Survive! owns their own building so in case BK filing is on the cards, we're talking about very little assets like cash in the bank, machinery, equipment, tools, finished knives, unfinished blades, accessories, whatever little else... If this catastrophe happens, just because an almost finished blade is sitting there with someone's name on it ready to be buffed and shipped, it does not mean that they will get it once the Trustee steps in. If someone has the dough and wants to step in, the Trustee will be open to certain ideas.

Hey Skyler, I have a feeling that you're itching to "make" knives! ;)
 
For what it's worth, Guy Seiferd (sole owner of Survive Knives) went though Chapter 7 bankruptcy back in 2005:

iqtuH1W.jpg


He also appears to have pleaded guilty to burglary back in 1999 in Adams County, PA (I have the case number if anyone wants it). Not that either of these things directly implicates Survive Knives in the context of the current controversy, but it at least gives you some idea of the person we're dealing with.
 
mlmcasual said:
This week marks a very important decision for Survive! They have flat out, unequivocally, been breaking federal law regarding stated delivery times at the Point of Sale and Online Sales. And they continue to flagrantly show utter disregard for the law in that area. Even the most die hard fans agree on that point now.

But now, this week we move into a far FAR More serious concern that Survive is Not Refunding money they took. That (would be) outright theft and would be viewed much more serious by law enforcement as felonious. We would no longer be talking civil, we would be talking criminal. Each passing week that Survive does not honor refunds, that concern will grow greater. For Survive's sake, they need to squash those concerns. Taking money and not returning it will be viewed Far more serious by law enforcement then not paying a machine shop (which is a civil~contract law matter). SK needs to get their priorities straight and put this controversy to bed.

https://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received
Click to expand...

That's a very loaded statement! Let me put it to you this way, the FACT that they have a going concern, they can prove that they have been showing up for work, they have been doing "their best" to go through the struggles and the troubles which they are evidently faced with; all of these proofs will strongly weigh against the accusations of having the intent to defraud and to scam people out of their money. Yes while true for certain that their worded promises have been very vague at best and p*ss poor at worst, I would not be losing sleep if I were Guy / Ellie that some "Law Enforcement" entity is going to be hauling them away in handcuffs in the dark of the night. Being a p*ss poor manager, being incompetent, being completely business un savvy; none of that is a crime in the court of law.

MLM, you are making a mountain out of a mole hill and are exaggerating the sort of "troubles" which Survive! may find itself in if / when BK becomes the only option. You and hundreds of others, perhaps thousands WILL lose your monies and that will be an extremely unpleasant and sad fact which requires a lot of sympathy and empathy from thise who are no longer in the Survive! realm (me) but to imply that the Principals are going to be in trouble ala a Bernie Madoff type of scammer is laughable although this is not a laughing matter!
 
You must log in or register to reply here.
Back
Top