T.R | Title | User | Personal Name | Date | Lines |
---|
1747.1 | Suggestion. | A1VAX::GUNN | I couldn't possibly comment | Tue May 25 1993 19:15 | 2 |
| Small Claims Court (no lawyer required) or the Better Business Bureau
for the location of this dealer would be places to start.
|
1747.2 | | POWDML::MANDILE | I'm inspurational | Wed May 26 1993 11:07 | 22 |
|
A complaint to the Better Business Bureau is a good start, as it
makes a perm record on the business.
Send a registered, return receipt requested letter requesting
a refund due to non-delivery, and include a copy of your receipt
from her store. This shows a trail of "Proof" that you made the
effort to get your refund. Log all the phonecalls you make to
her, stating that on suchnsuch a date at (time) you called, and
got the machine, her, an associate working the store, etc.
You can say in the letter something about a lawyer or small claims
court, but I wouldn't at this time. Wait until you see what happens
with the registered letter.
If she accepts the letter, you have the return receipt. If she
doesn't accept the letter, you have the refused letter as proof,
as the post office will return it to you.
Now threaten to take her to court, once you have the proof that you
made an honest try to get your money back.
Then take her to small claims court.....
|
1747.3 | and.... | MTADMS::DOUGLAS | | Wed May 26 1993 11:56 | 24 |
| Hi Tina,
There are two problems that can get in your way:
BEST SCENARIO:
1) You have nothing in writting that says the boots were
to be delivered "immediatly". So, she can tell a judge that
they were SPECIAL ordered (in which case you have to take them,
or BACKORDERED so all he can order her to do is deliver the boots
on a certain date or possibly refund the money.
(court dates are usually 3-6 months away).
2) You can take her to court but she may not show up. In which case
you win by default. But because it is small claims, it is up
to you, the plaintiff, to try and get the money from this woman.
The court WILL NOT help you get the money. And you know the
saying, you can't get blood from a stone. I went through a
similar case and won by default but never saw a penny, and it
was over $1000 !!
Tina_who_is_poorer_and_wiser
|
1747.4 | | XLIB::PAANANEN | Another Warp Speed Weekend | Wed May 26 1993 12:31 | 7 |
|
Call the BBB for advice even if you don't make a complaint.
I believe MA law requires a refund for items over $50 if they
can't be delivered in 30 days. (I am not sure on the exact
amount and number of days, that's why you should double
check with the BBB).
|
1747.5 | | CSCMA::SMITH | | Wed May 26 1993 14:25 | 2 |
| In most cases, just the Threat of calling the BBB gets you immediate
action. You may want to try mentioning them to her.
|
1747.6 | | CDDREP::DINGEE | This isn't a rehearsal, you know. | Thu Jun 03 1993 13:00 | 11 |
|
In the few cases I know of where the BBB has been contacted, they have
intervened and the person received "satisfaction" without having to
continue to attempt to get their money back/item repaired/work done
properly.
Contact the BBB; what a former note said about a record at the BBB is
also correct. Some people call the BBB asking if a company is reputable,
has complaints, etc; in effect, for references. Once there is a record,
the BBB will not give a good reference for this company.
|
1747.7 | Finally got money | AIMHI::DANIELS | | Mon Jun 07 1993 10:10 | 27 |
| I'm glad to report that I finally got my money back on my boots and
shipping charges! There was a check in the mail from this shop on
Friday when I got home.
So the shop did respond, but it took *a lot* of effort on my part. I
called every week, made notes of the call and who I talked with (if
anybody), kept it nonconfrontational and asked her for dates - i.e.,
when could I expect a refund, what did I have to do to get one, etc.
I didn't get the check when she said I would, but I decided to let it
ride for a week or so, and finally it showed up in the mailbox. I
talked with my training instructor about the situation on Thursday and
she said this is so typical of anyone who buys something that isn't
right in stock right there at the show. My trainer had no idea that I
would order boots from her or she would have warned me. In fact, when
she found out that I had ordered boots, she told me to start calling
her every week and keep asking "where are the boots?"
So it all ended okay, but I've learned a few lessons. I will always
charge merchandise at a show, then if something happens I can the DCU
slug it out with them. I will always be suspiscious of any vendor that
doesn't want a deposit but the whole amount up front for a relatively
small purchase (I realize an order for something custom like a saddle
is different) with a check. Even though this woman took charge cards,
she wanted a check - tells me she's probably short of money. So it all
ended okay, but if I can avoid it, I won't as much buy a bobby pin from
her because I think dealing with her stinks.
|
1747.8 | | POWDML::MANDILE | I'm inspurational | Mon Jun 07 1993 11:02 | 2 |
|
Don't count your chickens before the check clears! (8
|