[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference noted::equitation

Title:Equine Notes Conference
Notice:Topics List=4, Horses 4Sale/Wanted=150, Equip 4Sale/Wanted=151
Moderator:MTADMS::COBURNIO
Created:Tue Feb 11 1986
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:2080
Total number of notes:22383

1747.0. "The reverse of theft of services" by AIMHI::DANIELS () Tue May 25 1993 18:21

    I've got a problem with a saddlery place in Mass. and I need some
    creative ideas for dealing with it.
    
    I ordered some patent leather boots at the UPHA Horse Show about 4
    weeks ago from a dealer whose been around for years.  She said that she
    had them in stock and would send them right away (I paid 125.00 plus
    7.00 shipping).  Well, two weeks went by and I called and called always
    getting her answering machine.  Finally she called saying that she
    didn't have the boots and it would be several more weeks.  I asked for
    a refund because I told her that I bought the boots under the condition
    of having them shipped right away for a show I needed.  I've since
    bought another pair at half the price, but not as nice, so that I could
    have them for a show.  Last week I talked to her and she said that she
    had the refund in her check book but she needed me to send my receipt
    back (why does she need my paperwork?).  Anyway, I made a photocopy of
    her receipt and mailed that to her, since I had some notes on the
    original receipt that I've been keeping on this and didn't want her to
    see.  I've since found out from other people in my stable that this is
    extremely typical of her and that they've all been skunked by her at
    one point or another.  I didn't know, I walked in, her set up was
    impressive and expensive, she's been around for years - I think I got
    took.  They didn't know I was going to order anything from her either,
    so there was no reason to warn me.  I also paid by check which she
    cashed the very next day. 
    
    I'm going to keep calling her and bugging her, but I don't know what
    else I can do other than have a lawyer write her a letter, which she
    must have a whole collection of them if she treats people this way.
    
    Anyone have any ideas?
    
    Tina
    
    P.S.  I live in NH so I don't know who I contact in Mass. for what I
    consider fraud - she misrepresented herself and is now delaying every
    which way.
              
T.RTitleUserPersonal
Name
DateLines
1747.1Suggestion.A1VAX::GUNNI couldn't possibly commentTue May 25 1993 22:152
    Small Claims Court (no lawyer required) or the Better Business Bureau
    for the location of this dealer would be places to start.
1747.2POWDML::MANDILEI'm inspurationalWed May 26 1993 14:0722
    
    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.....
1747.3and....MTADMS::DOUGLASWed May 26 1993 14:5624
    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
    
    	
1747.4XLIB::PAANANENAnother Warp Speed WeekendWed May 26 1993 15:317
 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).

1747.5CSCMA::SMITHWed May 26 1993 17:252
    In most cases, just the Threat of calling the BBB gets you immediate
    action.  You may want to try mentioning them to her.
1747.6CDDREP::DINGEEThis isn't a rehearsal, you know.Thu Jun 03 1993 16:0011
    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.

1747.7Finally got moneyAIMHI::DANIELSMon Jun 07 1993 13:1027
    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. 
1747.8POWDML::MANDILEI'm inspurationalMon Jun 07 1993 14:022
    
    Don't count your chickens before the check clears! (8