sorry for the delay...
well, after thinking more and more about it, either the 3rd or the 4th when they were well and good into their vacation (i must say i was again more than pissed the more i thought about it, the way he left me in a situation and he was out having a good time) i sent him and email/txt just telling him his stuff was wiped and to come and pick it up monday, and that the website would be going down monday also. at that point in time i did have my images so i did go ahead and wipe all his stuff - everything was gone known to him, i was basically through.
after a couple of emails/txts back, well, i was more than taken care of for my past time and hosting along w/ a year in advance on both areas. the outcome was better for me than our original plan, which to me still doesn't make sense from his standpoint since he could have just done our deal and not had to go to this level, but whatever, they chose the path . the setup, since i am dealing w/ this type of person is favored heavily for me.
w/ this person things are now done different than trusting their word - everything will be done in writing and full payment in front. definately have to watch them and i won't be as nice and helpful as i normally am but still easily fulfill my portion of the arrangement - it appears they have taken my niceness for weakness.
this may have been a dickish thing to do on my part w/ the timing but man, it kept eating at me over thur/fri/sat big time, every time i would go into my office and there was his stuff - i was through - put in the disk and wiped it all. at least now i been able to test a couple of times my disaster recovery plan and it has worked very well.
we will see how this is going in a month, hopefully no more bullshit.