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Author Topic: What is a legal recourse?  (Read 3785 times)
Jerrymac
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« on: February 28, 2007, 06:28:49 PM »

We ordered an item on the 8th of February It has been paid for and it was shipped, BUT according to the company we ordered it from the item was delivered to somewhere in California. (On the 16th)

Now we need this item. We needed it a while back, like when it was suppose to get here. But these people tell us they can not send us the item until they find the problem with the one they shipped. They can not refund the money and they will not/can not over night this item. (Yes it is small enough to ship FEDEX.) their policy on certain items. (It is a repair manual for my daughters car. We need it to repair a problem.)

We have called these people and have talked to four different people now. They will not/can not get me a supervisor on the phone. They will not give me a name of a supervisor.

I really hate to say this but..... These folks are somewhere in New Jersey.

Is there some threat of legal actions I could take to perhaps get them to over night this thing?
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pdmattox
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« Reply #1 on: February 28, 2007, 06:48:27 PM »

Hey Jerry, Just a thought that if you used a credit card to place the order then you should be able to get the results from the card company.    good luck and i hope the little guy wins with this one.
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NWIN Beekeeper
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« Reply #2 on: February 28, 2007, 06:52:22 PM »

I don't think you can force anyone to ship you something.
Dallas is correct, the credit card company should refund you, but bet you need the manual.

May want to try a Haines or something like that from Autozone.
I know my local library carries many repair books too.
Then you could tell them to cancel the order and shove it.

Just don't know how you can force receipt of the book. Sorry.

Good luck Jerry,
Jeff
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KONASDAD
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« Reply #3 on: February 28, 2007, 07:35:49 PM »

Even though I'm from "jersey" I'll try to assist anyway. Credit card company first. Look up their company name on the net and/or through chamber of commerce in the company's town. Find the registered owners name , call and ask for the person by name. If asked in regards to what, say "personal." Or I could go knock on their door armed w/ bees for you !!!
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Jerrymac
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« Reply #4 on: February 28, 2007, 08:02:31 PM »

For some reason there are very few things available for this particular automobile around here. Had to special order the clutch parts, and then no one had the manual. Looked around several places on the internet and finally found one. Then as if that isn't strange enough, this stuff happens. The way these guys treat us on the phone is far from the old saying, "the customer is always right."

KONASDAD,

I'll PM you something.
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« Reply #5 on: February 28, 2007, 08:15:41 PM »

Options are as follows:
1. Call the credit card company
2. Call the headquarters of the company you purchased the product from. Do not use their 800 number
3. call the Better Buisness Bureau.
4. File a police report and take them to small claims court. Probably not worth it.

Hope that helps.

Sincerely,
Brendhan
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Jerrymac
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« Reply #6 on: February 28, 2007, 08:20:18 PM »

2. Call the headquarters of the company you purchased the product from. Do not use their 800 number

Yeah that is gonna be the problem. It is either the 800# or E-message. I gave KONASDAD the web page. Perhaps he can find more on them being they are up in his part of the country. Not really ready to trash them in public right now. Giving them a chance.
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Jerrymac
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« Reply #7 on: February 28, 2007, 08:33:18 PM »

A debit card was used.... Is that about the same as a credit card? I never used one before (it was my daughter that ordered it)
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Jerrymac
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« Reply #8 on: March 01, 2007, 02:39:04 PM »

KONASDAD,

Thanks for the PM offer you made. But it won't do any good.

Folks,
I have never heard of a business that treats the customer the way these folks do. I certainly have never been treated this way. All other places I dealt with would have overnighted the dang thing.

Simple facts; I ordered something and I do not have it. The company should send me the item I ordered.....Right?

Seems the item was shipped FedEx and ended up in California. Is that my fault? Should I be the one to call up FedEx and chew them out. I feel that is up to the shipper, after all I didn't ask them to use FedEx.

So now that we, and they, know the package was delivered to California, shouldn't the company send me my product, or refund my money? Or should I have to wait for them and FedEx to go through the whole tracking process before I get the package or money. And who knows how long that will take.

OH! And KONASDAD, there is no way for a customer pick up.

In the past few days my daughter and I have talked to several representatives. More than five but probably less than ten. One of the biggest problems was getting a supervisor on the phone. They wouldn't do it. They have you on the other end of the phone a thousand miles away and they know there is nothing you can do. So today I finally got a supervisor on the phone and he was a carbon copy of all the other people. WHAT!!!! Do they get these people off an assembly line or something. Do none of these people have any feeling for their fellow man? I know if I was working at that company and I had to say what these people say I would just have to quit. You would think that one of them would tell me a way to solve my delema but no..... It's as if they are following a script. AND.... they have a policy for every little thing. I actually asked the guy if they screwed up so much they had to write policies on their screw ups. He didn't answer. I had to ask him three times and all I finally got was, "Everyone is entitled to their opinion."

So when I got tired of him telling me they could not over night this package.... because of policy... I asked for his boss. The boss that made up these policies so that perhaps he can be the one to over night this thing. They gave me an address. I asked if they had a phone number. No they don't. So how do you talk to the head office? By Email. 

SOOOOOooooo We took what we could get and looked up some stuff on the internet. I wished I had seen this page before we messed with them.

If you are still reading this then you might be interested in who it is;

http://www.trenton.bbb.org/nis/newsearch2.asp?ID=1&ComID=0221000011004229

Thanks for letting me rant.
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kathyp
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« Reply #9 on: March 01, 2007, 03:16:15 PM »

wow.  how about the state AG?  have they got anything going?  if not, why not? 

i'd email the company again and include this link.  explain to them that since you can't get satisfaction from them, you are going to share this link and your story with everyone on every single board you belong to.  sometimes a threat to the bottom line shakes them loose.

i'd also contact the AG of the state.  I have had some of my best luck there....but....that state might have a busy office.....

one clarification...by "this link" i mean the one from the BBB that you posted, not this link. smiley
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.....The greatest changes occur in their country without their cooperation. They are not even aware of precisely what has taken place. They suspect it; they have heard of the event by chance. More than that, they are unconcerned with the fortunes of their village, the safety of their streets, the fate of their church and its vestry. They think that such things have nothing to do with them, that they belong to a powerful stranger called “the government.” They enjoy these goods as tenants, without a sense of ownership, and never give a thought to how they might be improved.....

 Alexis de Tocqueville
Jerrymac
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« Reply #10 on: March 01, 2007, 03:26:48 PM »

We haven't Emailed them yet. We got the numbers off that page to see if we could actually talk to some of the big wigs, see if they are indeed the mold the employees came from.

One reason I posted on here with this problem is for input on what to do (thanks kathyp for the input) because in my 52+ years I have never had to deal with this sort of stuff. All conflicts are usually handled with a phone call or a visit.

OH By the way, I wasn't intending on pointing any fingers at FedEx. I really do not believe they "accidentally" sent a package addressed to Texas from New Jersey to California. I mean really, What address did they deliver it to?   I don't believe there is a Lubbock in California.
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LEAD PIPE
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« Reply #11 on: March 01, 2007, 04:24:47 PM »

If you need the manual find it from someplace else and order it. Worry about all this later.
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jerryc
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« Reply #12 on: March 01, 2007, 04:45:06 PM »

From the Better Business Bureau on this outfit:
Quote
The company provides retail Internet Auto Parts Sales,
Internet Marketing. 
 
Customer Experience
 
Based on BBB files, this company has an unsatisfactory record with the Bureau due to unanswered complaints and due to its failure to substantiate or modify advertising claim(s). The company has resolved most complaints presented by the Bureau, however, some complaints remain unanswered. . .
Judging by this report, I would say you are but one of many unfortunates who have slipped into their clutches.
Ask them for the FEDEX tracking number.
If they give it to you, take it up with FEDEX. They will be able to make some contacts with whomever it may have been wrongly shipped to.
If they don't give it to you, or claim they don't have it, run, do not walk to your nearest state Attorney Generals office, they have probably committed fraud, which the AG in most states is very interested in. Sometimes these old car places will only have one of something, and they will have orders for two. They will ship one, and claim the other one "got lost." (I speak from experience)

BTW, this appears to be a classic car parts site. What kind of vehicle is it? I may be able to help. (But then again,I may not, but I'm willing to try) Cheesy
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Jerry
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« Reply #13 on: March 01, 2007, 04:55:44 PM »

MORE INFO:
Quote
Original Business
Start Date:       
10/1/1995
Type of Entity:       Corporation
Principals:       Richard Pine, CEO
                      Todd Daugherty, CFO
                      Donna Pallotti, Director of Operations
Local Phone Number:       (609) 890-9073
Also, have you checked with the bank re: the debit card? These things are theoretically checks and like checks, in some states you can stop payment on them. Sometimes you have 30 days, sometimes it has to be within 3 days, and sometimes it has to be before funds have cleared. State laws and bank policies vary widely, but what does one phone call hurt?
GOOD LUCK
(Anybody named Jerry has to be a good guy.)  grin
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Jerry
Jerrymac
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« Reply #14 on: March 01, 2007, 11:05:09 PM »

Ask them for the FEDEX tracking number.

I was talking to my daughter about that. She said that they told her they could not give out that info over the phone but would Email it to her.

She hasn't gotten it yet. Tomorrow we will have more time to spend talking to the head office people..... maybe.
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« Reply #15 on: March 01, 2007, 11:09:17 PM »

Jerry, I am dizzy from all the run around you are geting from this company.  Definately some red flags all over the place.
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Jerrymac
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« Reply #16 on: March 02, 2007, 01:48:47 PM »

Jerry, I am dizzy from all the run around you are getting from this company.

Think you are dizzy now.......

We did manage to get the FedEx number from them. They are saying FedEx messed up.... Called FedEx and gave them the number. Here is something neat if you don't know it, FedEx photo scans the label (or something like that) so they have a picture of the shipping label. FedEx gave us the address that was put on this package. So we know the name and address of the person it was shipped to....and it wasn't us.  We tried to get the phone number of this person off the internet but no luck.

Any one in the Oakland area want to PM me and see if the number is in a phone book or something?

So we called the company back. They don't have any records at all of the person they sent it to.

FedEx does not have any records of this company sending us anything. They do have something sent from somewhere else that we got back in January. But nothing from these people.

So we are going to try to get in touch with the main office and see what happens. If no satisfaction then we will go with kathyp's suggestion and turn all this info over to the AG. (Anyone have a number?)

More to come I'm sure.
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kathyp
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« Reply #17 on: March 02, 2007, 02:00:04 PM »

http://www.state.nj.us/lps/
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.....The greatest changes occur in their country without their cooperation. They are not even aware of precisely what has taken place. They suspect it; they have heard of the event by chance. More than that, they are unconcerned with the fortunes of their village, the safety of their streets, the fate of their church and its vestry. They think that such things have nothing to do with them, that they belong to a powerful stranger called “the government.” They enjoy these goods as tenants, without a sense of ownership, and never give a thought to how they might be improved.....

 Alexis de Tocqueville
jerryc
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« Reply #18 on: March 02, 2007, 04:32:33 PM »

Quote
FedEx does not have any records of this company sending us anything...
So they charged your daughters VISA card?
and they didn't ship it?
and you have proof?
and it was ordered interstate?

The link by kathyp is dead on, plus there may be Federal issues here. I believe using FEDEX does not keep it from being Mail Fraud as it is still under the Interstate Commerce Act besides the New Jersey and Texas Statute of Frauds legislation. In addition, a series of similar acts of fraud comes under the RICO statutes in many jurisdictions.

<FWIW: I'm not a lawyer, my degree is in Engineering, but I had to wade through courses in Law.>
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Jerry
Jerrymac
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« Reply #19 on: March 02, 2007, 06:31:16 PM »

AT LAST!!!! My daughter finally got someone to call her back from the head office. He WILL over night the thing. But being it is so late Friday it might not get out of there until Monday. Just wonder if he is gonna go chew butt. fishhit

I got to use the fish
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