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View Full Version : Need advice on a transaction gone badly.


GuinnyOne
05-22-2006, 11:38 PM
This is a kind of a long story short....am seeking some advice before posting to the BOI and taking further legal action. I have all e-mails sent back and forth between us, and will have to sort through them and create a word document to make them in readable format.

Last November, I ended up contacting a company to purchase several (initially 8, but ended up being 12) large, custom, pvc reptile cages. The fellow I talked to said it was very do-able, he could take payments and would start construction once the cages were paid for. I sent the last payment mid-December and my total was in the $5800 range for these cages.

He told me on the phone that it was a large order, and we were looking at 6-8 weeks for completed construction. Just for kicks, according to his website, he states 4-6 weeks...but I did understand it was a larger order. I also wanted to get the flooring done in the house before I brought these large cages in.

So, here it is almost June....6 months later. No cages.

I e-mailed him every couple weeks to check on progress. First he said the company he got the pvc sheets from had backordered stock. That took a couple weeks. Then they got through the 4-foot cages. Then the 6 foot cages.

About 8 weeks ago I asked that he take photos of what the company had completed and that he e-mail them to me. Another month goes by. He said "no problem." He said he sent the photos to me twice. All e-mail deamed "spam" by Yahoo is deposited into a "bulk" folder which I check every time I check my "inbox". Never saw them. I told him that I would like him to take more photos and print them up and snail-mail them to me. He said a week ago that he would take more photos and do so. Never seen them. E-mailed him a couple times in the past couple days. Nothing.

A few weeks ago, I finally asked for my money back. He said they were custom cages and that wasn't happening. He says I owe him another $600-800 for shipping when the cages are done. I'm not sending any more money to him until I see that these cages are completed. I finally told him that I would take 11 of the 12 cages and for him to use the money (about $750) from that last 8-foot cage to ship the 11 cages to me. He told me that the terms of the cages were explained to me and that I would not be getting any refunds on the cages and that I would have to pay the additional shipping to get any of the cages. He never said a word about that during the one phone call we had initially and he certainly never stated it any of the e-mails nor was it on his website during that time period (although I'm assuming that he can change that at any time).

So basically, I'm about about $6000 and I have paypal reciepts and cancelled checks to prove it. I also have all the e-mails sent between us. What do I do now?

It is more than small-claims courts will handle. I don't have money to pay an attorney unless I take him to court and also sue him for court/attorney fees.
I just really desperately need some help. Kelly

The BoidSmith
05-23-2006, 12:13 AM
Kelly,

It seems you have enough of a case to post this in the BOI. That doesn't mean that it would automatically get resolved but, if it's a well known company, chances are they will not like to be exposed to that bad publicity.

Regards.

GuinnyOne
05-23-2006, 01:43 AM
That is kind of funny that you mention that. In one of his e-mails to me, he mentioned that he would not ruin his reputation over $6000. I laughed to myself when I read it. People have ruined their reputations over a lot less and he has been pretty unwilling to resolve this. In a couple e-mails, he mentioned things he could do to help me out (I guess "get my money back"), then not long after he threw out the "these terms were conveyed clearly and you agreed to them" attitude. Dunno. I'll give him another day or two to respond to me. In that time, I can hunt up and scan the cancelled checks and hopefully put together an understandable document of all of the e-mails. Kelly

reptilebreeder
05-23-2006, 03:14 AM
On probably all the bad guy BOI threads related to cage makers, one of the most common replies is that this accepted, or standard way to do business is wrong. Yet another example (of many) of why that is the case.
I personally will never again, ever buy from any cage company, no matter what their reputation, unless they have the product on hand. I know the "justifications", they are expensive, they take up a lot of space, etc. etc....so do aquariums, but I can pick them up today, same with a couch, a car, a 15 foot long Retic, etc.

As far as them saying you agreed to the terms....well part of those terms were that they would be delivered in 6 to 8 weeks, NOT months. They broke the terms not you. Almost as bad as Chris/TSE when they were using their TOS as a reason to deny refunds, even though they weren't delivering their animals, which is bogus TOS or not. This belongs on the BOI. Don't really know what advice you were looking for here rather than straight to the BOI, as this is a 100% BOI worthy problem. I hope the party doesn't "rectify" the problem to keep you from posting on the BOI, as it would be an injustice to not let the "public" know who did this.

DAND
05-23-2006, 07:55 AM
I agree with John. It should be brought to the BOI even if you find the cages on your doorstep this morning. It shouldn't take the threat of the BOI for someone to do what they should have done long ago. Initiating a thread on the BOI may get you your cages faster, or you may find out there are a few other people in the same boat you are in. Lets hope for the prior. Making it public on the BOI may ensure that others will be aware of their business practices.

The BoidSmith
05-23-2006, 08:15 AM
The point is that if you don't bring this up into the open they will most probably do it again with someone else. Maybe that person will not be that lucky about knowing the existence of the BOI and might wait for their cages forever. Eeven if they send you the cages today the damage has been done already.

Regards

GuinnyOne
05-23-2006, 12:39 PM
Well, he still hasn't replied to me this morning. The way I look at it, either way, I'll state my case on the BOI. But I'm looking at timing right now. I don't want to put it on the BOI and have this guy shut down altogether and then I have to drag him to court. I want my $6000. I maxed out my credit cards so that I wouldn't have to battle my argentine tegus for my shower anymore LOLOL. Kelly

The BoidSmith
05-23-2006, 01:56 PM
Well, he still hasn't replied to me this morning. The way I look at it, either way, I'll state my case on the BOI. But I'm looking at timing right now. I don't want to put it on the BOI and have this guy shut down altogether and then I have to drag him to court. I want my $6000. I maxed out my credit cards so that I wouldn't have to battle my argentine tegus for my shower anymore LOLOL. Kelly

Kelly,

Although I understand your bind he is the one that has shut communication already. Let's hope that at this point all your $6,000 have been invested in materials for your cages. If you bring it to the BOI and he has your cages he will ship them. If he doesn't have your cages nor the money then probably it doesn't matter anyways. He will more than likely not ask for a bank loan to return you cash whether you post about it or not. Don't you think?

Regards.

GuinnyOne
05-23-2006, 02:14 PM
Yeah, I know you guys are right. I just started putting together a word document with all the e-mails. But it is time-consuming and lengthy. I am trying to get all the e-mails and all the date/time stamps in there, but I've hardly gotten through anything and I'm on page 6 because of all the wasted space from trying to copy and paste everything. And of course, he has a 9 line signature at the bottom of all of his e-mails...should probably start cutting them out. Kelly