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    • Jalopnik picks up on BenzBoost story regarding Evosport and Evosport threatens legal action

      One of the largest auto blogs on the net, Jalopnik, has been monitoring our story with Evosport. Things have gotten very heated as of late when Evosport had their attorney, Todd Serota, threaten my father as well as myself with legal action. BenzBoost was given a deadline and told to pull down the articles, looks like we missed it.

      BenzBoost finds Evosport's tactics of covering this story up and threatening us with legal action just rather sad. Instead of going about this professionally, Evosport has been closing threads on MBworld and deleting any mention of it. Since they can not do that on BenzBoost, they have sent their attack dog lawyers after us in an attempt to control things here as well.

      We will not be intimidated or budge from doing what is in our users and the consumers best interest. Consumer advocacy is something we need more of, not less. Mr. Serota, people like you are the problem in this country trying to keep the truth hidden and not having the integrity to do what is right. BenzBoost had the courage to reveal the details of what was taking place and did so accurately. Amazingly, you reached the wrong conclusion but we would not be surprised you would jump to whatever conclusion your clients would want you to jump to.

      You have done the opposite of quieting this down, only making major blogs take notice of it. Aren't you only digging the hole deeper for your own clients? BenzBoost is not afraid of you and not all that impressed with your scare tactics. Plus, aren't you a patent lawyer? Maybe you should stick to that as we can write a much harsher letter than what you provided.

      Also, threatening my 73 old year old father is flat out despicable. We are saddened that Evosport seems to endorse harassing senior and retired family members over forum posts they can not control. This does not reflect well on any company and does not reflect well on you as an attorney. If people wonder why attorneys get a bad name, it is due to actions such as this.

      At this point, it should be clear to you it is impossible to get this story removed as you have now served to propagate it. Well done Evosport and well done Mr. Serota. In our opinion, you have completely mis-managed this situation. Good luck prosecuting the entire internet, it does not seem the Evosport budget will allow for it.

      We have posted the legal documents Jalopnik obtained aimed at BenzBoost here, you can all review them for yourselves and see the lengths Evosport is willing to go to keep the truth from users on MBworld as well as consumers. BenzBoost will continue to do investigative reporting in the best interest of our users and all individuals in the German automotive performance industry.



      This article was originally published in forum thread: Warning to Mercedes Enthusiasts! Evosport hundreds of thousands in debt, not delivering parts started by Sticky View original post
      Comments 350 Comments
      1. JBond's Avatar
        JBond -
        Click here to enlarge Originally Posted by Eirebenz Click here to enlarge
        Sticky - as per the update in the Jalopnik thread:

        Serota also said Mr. Wilk has a prior relationship with Evosport and "pretty much threatened" them while trying obtain something for the company. Nevertheless, Mr. Serota says "it has nothing to do with Mr. Wilk personally, he happened to be the one who did this."

        What's the "pretty much threatened" bit all about (if we may be so bold to ask)?
        I'm going to bet all my pennies that it has something to do with Sticky being "aggressive". Search through all Brad's posts on MBW and the most common adjective he uses is clearly "aggressive". Anything over a bed time whisper and you are dubbed "aggressive". Click here to enlarge
      1. Benz280SL's Avatar
        Benz280SL -
        What strikes me is Benzboosts allegation about Evosport: "In FACT (emphasis added).......they decided to make money off his insurance company for bodywork repair whose cost was inflated" Thats a very, very serious allegation. If someone said that about me and/or my company - and it weren't true - I sue 'em too!
      1. P31-C63's Avatar
        P31-C63 -
        Is that like being "half pregnant"?
        He either did or didn't threaten, what a crappy lawyer he isClick here to enlarge
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by alq80 Click here to enlarge
        I read the Jalopnik post, and the cool thing is that it seems like people are catching on to censorship. Power to the people Sticky! And i love the comments the Jalopnik commentators put haha
        Very cool that people are catching on. It reaches a point that you keeping huffing and puffing you just end up blowing your own house down.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by JBond Click here to enlarge
        I'm going to bet all my pennies that it has something to do with Sticky being "aggressive". Search through all Brad's posts on MBW and the most common adjective he uses is clearly "aggressive". Anything over a bed time whisper and you are dubbed "aggressive". Click here to enlarge
        What exactly is "pretty much threatened" ? What the hell is that? And what would I try to obtain for the company? That doesn't even make any sense the way it is written.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by P31-C63 Click here to enlarge
        Is that like being "half pregnant"?
        He either did or didn't threaten, what a crappy lawyer he isClick here to enlarge
        Haha, exactly, it makes no sense to me.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
        What strikes me is Benzboosts allegation about Evosport: "In FACT (emphasis added).......they decided to make money off his insurance company for bodywork repair whose cost was inflated" Thats a very, very serious allegation. If someone said that about me and/or my company - and it weren't true - I sue 'em too!
        That comes straight from JRCART sir.

        I "heard" the bodywork cost is being "re-adjusted" so tell my why would that be taking place?

        Why would the insurance company be involved? That is not something pulled out of thin air, it is from directly speaking to Jim as well as texts.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Eirebenz Click here to enlarge
        What's the "pretty much threatened" bit all about (if we may be so bold to ask)?
        I'm just guessing here, but I think it's from when I e-mailed Brad asking why BenzBoost was censored on MBW and he refused to uncensor it. So, I said I would just have to do it the hard way, you know, old fashioned hard work and then Brad wrote back, "Are you threatening me?" I told him no, I intend to not quit even though he is going to censor me.

        The post referencing that is here: http://www.benzboost.com/showthread....798#post116798

        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Kind of funny you mention this as I wrote the exact same thing you just stated to Brad, and he said he doesn't like threats. Heh, me stating I would have to work hard the old fashioned/hard way he took as a threat because I refused to just lay down.
        Are they reaching or what?
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Mort Click here to enlarge
        Whats next?
        Lighting my computer on fire?
      1. Benz280SL's Avatar
        Benz280SL -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        That comes straight from JRCART sir.

        I "heard" the bodywork cost is being "re-adjusted" so tell my why would that be taking place?

        Why would the insurance company be involved? That is not something pulled out of thing air, it is from directly speaking to Jim as well as texts.
        Ok, let me see if I get this right. You've stated on your website "As a matter of FACT" these things took place - tantamount to insurance fraud. A matter of FACT, sir, is not hearsay ie I "heard". Aint the same thing. Is this one of those "things" JCART refers to in his Jalopnik post " the article does have many mis-quoted or inconsistant FACTS about my(JRCART's) part of the story."
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
        Ok, let me see if I get this right. You've stated on your website "As a matter of FACT" these things took place - tantamount to insurance fraud. A matter of FACT, sir, is not hearsay ie I "heard". Aint the same thing. Is this one of those "things" JCART refers to in his Jalopnik post " the article does have many mis-quoted or inconsistant FACTS about my(JRCART's) part of the story."
        Did I not also say text messages? It is not hearsay, it is directly from the source involved who also stated it was true. Do you know what hearsay is? Don't play attorney when you can't even figure that out, it is a fact.

        He is referring to the Jalopnik story, not the posts here, which are in two different places. Please make the distinction.

        Yes, insurance fraud would be a huge issue which is probably why JRCART got his insurance company involved, right?
      1. Benz280SL's Avatar
        Benz280SL -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Did I not also say text messages? It is not hearsay, it is directly from the source involved who also stated it was true. Do you know what hearsay is? Don't play attorney when you can't even figure that out.

        He is referring to the Jalopnik story, not the posts here, which are in two different places. Please make the distinction.

        Yes, insurance fraud would be a huge issue which is probably why JRCART got his insurance company involved, right?
        I see. So JRCART has provided you with evidence of insurance fraud? You've published a number of documents that you contend are factual.......satisfy all and publish the "texts" as delivered to you by JRCART. Isnt that reasonable if you're going to make that allegation?
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
        I see. So JRCART has provided you with evidence of insurance fraud? You've published a number of documents that you contend are factual.......satisfy all and publish the "texts" as delivered to you by JRCART. Isnt that reasonable if you're going to make that allegation?
        Speaking directly with the owner who has provided his account of events is not evidence? Sure is. JRCART has already stated the information is correct, if he wishes to publish his text messages that is his business but I'm not going to violate his confidence to satisfy you. Who are you?

        What is reasonable is that if I am going to report the events that took place as relayed by the primary source. That should be more than sufficient to show you the basis for what was written. So no, your request is not reasonable and would involve violating JRCART's confidence. I'm confident enough in the accuracy of what he told me that I will not reveal my hand completely as it is not necessary.

        If you want further details on his issues with the insurance company and body repair which he told me in a phone call yesterday is apparently being "re-adjusted" by parties involved, maybe try asking him?
      1. Benz280SL's Avatar
        Benz280SL -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Did I not also say text messages? It is not hearsay, it is directly from the source involved who also stated it was true. Do you know what hearsay is? Don't play attorney when you can't even figure that out, it is a fact.

        He is referring to the Jalopnik story, not the posts here, which are in two different places. Please make the distinction.

        Yes, insurance fraud would be a huge issue which is probably why JRCART got his insurance company involved, right?
        Does this resonate with you?

        "The rule against hearsay is aimed at prohibiting the use of a person's assertion, as equivalent to testimony to the fact asserted, unless the assertor is brought to testify in court where he may be placed under oath and cross-examined"
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
        Does this resonate with you?

        "The rule against hearsay is aimed at prohibiting the use of a person's assertion, as equivalent to testimony to the fact asserted, unless the assertor is brought to testify in court where he may be placed under oath and cross-examined"
        We aren't in court, we aren't trying this, it is as simple as reporting an eye witness account. JRCART is directly involved in his insurance issues, I hope this resonates with you.

        So, what point are you making exactly? That JRCART has been lying this whole time? He just made the insurance issues up? That he isn't a reliable source? You state you would be angry if someone stated something as fact if it wasn't true. Well, it is true, so you can stop being angry now.
      1. Yomama69's Avatar
        Yomama69 -
        I'm amused watching laymen talk about hearsay. Y'all know there are exceptions, right? There's also a best evidence rule that comes into play...as well as document authentication. It's pointless to even bring up the word "hearsay" when speaking of assertions where there is no legal claim even made.
      1. Benz280SL's Avatar
        Benz280SL -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        We aren't in court, we aren't trying this, it is as simple as reporting an eye witness account. JRCART is directly involved in his insurance issues, I hope this resonates with you.

        So, what point are you making exactly? That JRCART has been lying this whole time? He just made the insurance issues up? That he isn't a reliable source? You state you would be angry if someone stated something as fact if it wasn't true. Well, it is true, so you can stop being angry now.
        Well, just for fun, lets pretend we are in court....and you are asked to produce evidence that establishes the clams made by YOU as FACT. I gather that you are prepared to do so and look forward to that opportunity?
      1. Yomama69's Avatar
        Yomama69 -
        Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
        Well, just for fun, lets pretend we are in court....and you are asked to produce evidence that establishes the clams made by YOU as FACT. I gather that you are prepared to do so and look forward to that opportunity?
        Looks like Brad called in the cavalry.
      1. Benz280SL's Avatar
        Benz280SL -
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        I'm amused watching laymen talk about hearsay. Y'all know there are exceptions, right? There's also a best evidence rule that comes into play...as well as document authentication. It's pointless to even bring up the word "hearsay" when speaking of assertions where there is no legal claim even made.
        Yes, there are indeed exceptions.....and I'm very familiar with best evidence rule. You've missed the "no legal claim even made" part by a mile counselor.
      1. Yomama69's Avatar
        Yomama69 -
        Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
        Yes, there are indeed exceptions.....and I'm very familiar with best evidence rule. You've missed the "no legal claim even made" part by a mile counselor.
        I did? I haven't seen a complaint or petition. All I've seen is a condescending and unprofessional threat.