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tcoliver
Joined: 09 Jul 2006 Posts: 240
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Posted: Thu Aug 27, 2009 4:52 pm
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Nice... |
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curly
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Joined: 09 Jul 2006 Posts: 665
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Posted: Thu Sep 10, 2009 11:11 am
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Austin519,
Did you get your refund yet? |
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Austin519 Guest
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Posted: Thu Sep 10, 2009 11:23 am
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Hey everyone,
For some reason I was not getting any notifications of postings to my thread, so I apologize for not updating all of you on my progress. It would be unwise right now to discuss the details of my and Richard's conversations, in light of the likely litigation I'm about to involve myself in, but I will at least give you a brief idea of what's happened and next steps:
After the email exchange back and forth between Richard and I, where I declined his offer to divert a supposedly built grill from another person's order, I heard back from him offering to give me a partial refund. I told him that I expected the full refund, and that a partial refund was not going to satisfy his obligation. In the meantime, I drafted my Texas Deceptive Trade Practices Act demand letter, and sent it at the beginning of last week. That same day, after I had sent the letter, Richard and I exchanged another set of emails where he made the offer for a partial refund again, and I told him to send it on along, but that I expected the full repayment immediately as well. Since he received the letter on Sept. 2, I have not heard back from him, and I have not received either a full or partial refund.
The letter has started the clock ticking on a 60 day window in which he must meet my demands, namely repayment of my deposit plus interest. If, at the end of the 60 days, he has not met my demand, I will be taking him to court (that would be Nov. 1, so Nov. 2 will be the date of the lawsuit). Given the circumstances of our transaction, I have little doubt I will win the case, and likely will win treble damages as well. I am also currently investigating options for starting a class action, which considering the stories on this forum should be trivial to pursue.
I may not be able to share too much more of the goings-on in this matter with you guys in the short term, but I promise I will share all I can as this develops. Best,
Austin |
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Austin519 Guest
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Posted: Thu Sep 10, 2009 11:29 am
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Also, while I'm posting...do you guys have one, single thread where you concisely list your stories and grievances? While I was in school, I assisted with a class action lawsuit against Honda of America, and one of the most time-consuming but most helpful things we did was create a huge log of every person's name and contact information and specifics of their case. In our situation, it would be your name and contact information, timeline of your purchase including all relevant emails/letters/phone calls, and amount in question. I do not want any of you to post that information here, and I'm not yet ready to take that step, but it may be a good idea for everyone to write down everything and collect all the related documentation they have in preparation for a class action lawsuit, so that if that time comes, it will be easy to amass all of that information in a single database.
Austin |
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fishtail-99
Joined: 17 Apr 2007 Posts: 1437
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Posted: Thu Sep 10, 2009 11:44 am
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Krista, it's still there..... |
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Austin519 Guest
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Posted: Thu Sep 10, 2009 11:46 am
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Finally...some personal responses:
tcoliver:
They do have good consumer protection laws in GA; I actually graduated from law school over there. You should call your AG and investigate. They're not as strong as TX, but worth taking a look at.
Chirogyro:
Hopefully we can do more than that. I'm going to go forward with my case first and we'll see what he does. I honestly don't *want* litigation with Richard. I *want* him to return my deposit, because he breached his contract; he just doesn't seem to be willing to do that. But if you're in Texas, you're in the same boat with the same remedies I have.
kristamat:
Yes, that's probably one of the worst places to be. I may as well be a bull and he be painted red. As a former business owner myself, with a family who runs a business, this is just not the way you treat other people, even less your own customers. He has people (myself included) ready and willing to give him money for a product. Doing what he has done just leaves me floored.
curly:
As I'm sure you've gathered by now, no refund yet. Just an offer for a partial refund. I told him to send the partial refund along, but I expected the full amount immediately as well. I haven't gotten either a partial or a full refund, or even heard from him since.
Austin |
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kristamat
Joined: 13 Aug 2009 Posts: 28 Location: Houston
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Posted: Thu Sep 10, 2009 12:47 pm
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Austin,
I haven't seen a single string on this forum with everyone's stories, but there are plenty of separate ones. Say the word when you're ready and I'll be on board to help gather all the details from everyone for you. Diligent paralegal here, reporting for duty....
~k. |
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Austin519 Guest
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Posted: Thu Sep 10, 2009 12:53 pm
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kristamat:
Thanks for your help...I definitely will call on you if we proceed with this.
Austin |
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tamswilson
Joined: 23 Oct 2009 Posts: 11 Location: Alaska
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Posted: Tue Nov 24, 2009 4:49 pm
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Hey Austin,
Haven't seen a post lately.
Did you get your money back?
I live in Alaska and would love to find a lawyer to prosecute these scumbags. Individual or class action... I'm in.
If you have any suggestions on how to take legal action from Alaska, please advise.
I have filed complaint with the FBI, FTC and the US Poatal Service.
I'm in the process of filing with the AK Attorney General and the BBB.
I encourage everyone to file a complaint with all these agencies.
Probably won't do any good except make one feel a little better. |
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fishtail-99
Joined: 17 Apr 2007 Posts: 1437
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Posted: Tue Nov 24, 2009 5:36 pm
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Don't be so pessimistic. Filing a complaint for mail fraud is much more serious deal than filing a complaint with the BBB. Good luck! |
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