What is the name of your state? Arizona, but the place of business that I'm asking about is in New Jersey. This matter also involves my friend, who now lives in Canada.
****NOTE****
I apologize in advance for the length of this statement. I did not know how to shorten it, and still include (what I believe to be) all the relevant information.
All responses are appreciated.
************
This scenario involves both myself and a friend of mine. In 2002, we were both living in New Jersey, and belonged to the same fencing organization.
There was a woman in that same organization who runs a store out of her home that sells fencing equipment.
In November of 2002, my friend ordered two custom pieces of armour from this woman - one for him, and one for me. He paid her with a check, I believe - $60 each, for a total of $120 - and she promised to get the items to him after they had been made.
He recieved his piece shortly thereafter - through a mutual friend whom the woman had employed to create the items. My piece, however, was nowhere to be found. After about a month of waiting, when we asked the friend when I could expect to recieve it, we found out that he had been fired, and although he had the metal to complete the piece, he no longer had the patterns. He advised us to get in contact with the woman and to ask her to have someone else complete the piece, or to have someone send him the patterns so that he could complete it.
When we tried to contact the woman, however, we found out that she had gone to Florida, and was not expected to return for several months. After several months had passed, we were now into the summer of 2003. My friend who had bought this item for me had moved away out of the state, and had verbally authorized me to continue to try to obtain this item, as it was intended or me in the first place.
That same summer, this woman showed up at the house of another mutual friend, and I took the opportunity to ask her about my item. Her response was that she had "no knowledge" of any item that I was owed, she would "have to check [her] records", and would "get back to [me] in two weeks".
Another two weeks went by, and she did NOT get back to me, so I called her. She said again that she "would have to check [her] records", but not to worry, because she was pretty sure that I would get my item soon. She then went on another vacation out of state.
I continued to try to contact her through mutual friends for the rest of that year, and each time I received a response to the effect that I would receive my item "soon".
The next time that I had an opportunity to speak with this woman in person was in May of 2004, at an event in which our organization was involved.
I again asked her when I could expect to receive my item, and she again told me that she "had to check [her] records", this time also stating that she "believe[d] that [I had] already received that item". My friend from out of state had returned, and was also attending this event. I believe he may have asked this woman for a refund, but was told that he could not obtain one at that time, as the item's delivery (to me) was imminent.
I was also in the process of moving, at that point, and made it a point to tell the woman so. I explained to her that by the end of June, I would be moving out of the country, and although I would return, I would not return to New Jersey. I asked her to deliver my item to a mutual friend of ours who had more contact with both this woman and myself than either of us had with each other.
From that point, until the time came for me to move, I was in almost constant contact with that mutual friend - asking him about the status of my item. His last response to me was that he could get the pieces, but could not put the item together for me. At that point, it had come time for me to move.
In case it is not obvious from my narrative, through this whole ordeal this woman has made no effort to contact either my friend who purchased the item or me. And, if either of us did manage to get in contact with her, we were deflected with stalling tactics.
The final straw came on May 8th of this year, when I again contacted the woman, as I had recently obtained of an email address at which she could be reached, through a mailing list to which the entire organization subscribes.
I again asked about the status of my item, and was told that she would have to "check". When she emailed me again later that day, she explained that she had been under the impression that I had somehow already obtained this item (even though she never made any effort to get it to me), but her records show that I did not, in fact, receive it. She then told me that I could probably pick it up from her at our next organizational event.
I explained (again) that I am no longer living in New Jersey, but would be happy to obtain the item if she could ship it, and included my shipping address. She responded very snippily that she "does not ship for free". I responded to her email that I did not expect for her to ship the item for free, and that I had provided my shipping address in order for her to quote me a price for shipping (which she did not). I then specifically asked for her to provide me with a price for the item's shipment, and an address to send a payment to.
This woman then ignored my email for about three days, at which point I sent another email to her acknowledging that she might be busy, but that I could not afford to wait anymore on this transaction (I am travelling AGAIN), and politely requested that a refund be issued on the unfinished transaction.
She rudely responded to my email with a statement that I "have some nerve", and that she "has family emergencies", and that "the world does not revolve around [me]", etc. She then stated that she would not issue a refund to me - only to the party who had originally initiated the transaction.
I replied to this latest barrage of rudeness that, although I once again acknowledge that she is busy, I do not see why I should have to wait three years in order to complete a simple transaction. I also explained that I never requested that she issue a refund to me, and would not expect her to do so. I provided her with an email address at which she could reach my friend who had originally purchased this item, and who now resides in Canada. I also stated that I hoped to hear from him that the refund had gone smoothly.
She responded to this with an email that basically stated that she did not like me, and would not respond to any emails from me in the future, as I "was not the original customer", and I "have no recourse".
I disagree, because my friend had transferred recovery rights to me (with her knowledge) about a year earlier, as has already been stated.
Anyway, when my friend emailed her to request his refund, she reneged on her agreement to provide a refund - stating to him that she would NOT issue a refund to him by mail because she does not believe that he is actually HIM, and not ME, because she does not LIKE me.
She went on to further state that the only way that she would issue a refund to him would be in person, and that she would not expediate the matter any by allowing mutual friends to act as couriers. She did, however, state that for an additional $20, she could mail the (now unneeded) item to Canada.
Apparently, she does not deem it safe to send a CHECK to Canada, but does not care where the ITEM goes, as long as she receives more money.
This smacks of extortion to me (because of the additional charges that she is levying), and maybe discrimination. Nowhere on her website does she state this bizarre policy of only issuing refunds in person, and I believe she has enstated it for the sole purpose of frustrating my friend's efforts to obtain his refund, because she "does not like" me.
This isn't fair.
We have initiated a complaint with the better business bureau in her area, but cannot be guaranteed that they will make any efforts, or, if they do, that they will be successful.
I do not want to let this woman get away with stealing money from my friend.
Is there anything else that we can do?
****NOTE****
I apologize in advance for the length of this statement. I did not know how to shorten it, and still include (what I believe to be) all the relevant information.
All responses are appreciated.
************
This scenario involves both myself and a friend of mine. In 2002, we were both living in New Jersey, and belonged to the same fencing organization.
There was a woman in that same organization who runs a store out of her home that sells fencing equipment.
In November of 2002, my friend ordered two custom pieces of armour from this woman - one for him, and one for me. He paid her with a check, I believe - $60 each, for a total of $120 - and she promised to get the items to him after they had been made.
He recieved his piece shortly thereafter - through a mutual friend whom the woman had employed to create the items. My piece, however, was nowhere to be found. After about a month of waiting, when we asked the friend when I could expect to recieve it, we found out that he had been fired, and although he had the metal to complete the piece, he no longer had the patterns. He advised us to get in contact with the woman and to ask her to have someone else complete the piece, or to have someone send him the patterns so that he could complete it.
When we tried to contact the woman, however, we found out that she had gone to Florida, and was not expected to return for several months. After several months had passed, we were now into the summer of 2003. My friend who had bought this item for me had moved away out of the state, and had verbally authorized me to continue to try to obtain this item, as it was intended or me in the first place.
That same summer, this woman showed up at the house of another mutual friend, and I took the opportunity to ask her about my item. Her response was that she had "no knowledge" of any item that I was owed, she would "have to check [her] records", and would "get back to [me] in two weeks".
Another two weeks went by, and she did NOT get back to me, so I called her. She said again that she "would have to check [her] records", but not to worry, because she was pretty sure that I would get my item soon. She then went on another vacation out of state.
I continued to try to contact her through mutual friends for the rest of that year, and each time I received a response to the effect that I would receive my item "soon".
The next time that I had an opportunity to speak with this woman in person was in May of 2004, at an event in which our organization was involved.
I again asked her when I could expect to receive my item, and she again told me that she "had to check [her] records", this time also stating that she "believe[d] that [I had] already received that item". My friend from out of state had returned, and was also attending this event. I believe he may have asked this woman for a refund, but was told that he could not obtain one at that time, as the item's delivery (to me) was imminent.
I was also in the process of moving, at that point, and made it a point to tell the woman so. I explained to her that by the end of June, I would be moving out of the country, and although I would return, I would not return to New Jersey. I asked her to deliver my item to a mutual friend of ours who had more contact with both this woman and myself than either of us had with each other.
From that point, until the time came for me to move, I was in almost constant contact with that mutual friend - asking him about the status of my item. His last response to me was that he could get the pieces, but could not put the item together for me. At that point, it had come time for me to move.
In case it is not obvious from my narrative, through this whole ordeal this woman has made no effort to contact either my friend who purchased the item or me. And, if either of us did manage to get in contact with her, we were deflected with stalling tactics.
The final straw came on May 8th of this year, when I again contacted the woman, as I had recently obtained of an email address at which she could be reached, through a mailing list to which the entire organization subscribes.
I again asked about the status of my item, and was told that she would have to "check". When she emailed me again later that day, she explained that she had been under the impression that I had somehow already obtained this item (even though she never made any effort to get it to me), but her records show that I did not, in fact, receive it. She then told me that I could probably pick it up from her at our next organizational event.
I explained (again) that I am no longer living in New Jersey, but would be happy to obtain the item if she could ship it, and included my shipping address. She responded very snippily that she "does not ship for free". I responded to her email that I did not expect for her to ship the item for free, and that I had provided my shipping address in order for her to quote me a price for shipping (which she did not). I then specifically asked for her to provide me with a price for the item's shipment, and an address to send a payment to.
This woman then ignored my email for about three days, at which point I sent another email to her acknowledging that she might be busy, but that I could not afford to wait anymore on this transaction (I am travelling AGAIN), and politely requested that a refund be issued on the unfinished transaction.
She rudely responded to my email with a statement that I "have some nerve", and that she "has family emergencies", and that "the world does not revolve around [me]", etc. She then stated that she would not issue a refund to me - only to the party who had originally initiated the transaction.
I replied to this latest barrage of rudeness that, although I once again acknowledge that she is busy, I do not see why I should have to wait three years in order to complete a simple transaction. I also explained that I never requested that she issue a refund to me, and would not expect her to do so. I provided her with an email address at which she could reach my friend who had originally purchased this item, and who now resides in Canada. I also stated that I hoped to hear from him that the refund had gone smoothly.
She responded to this with an email that basically stated that she did not like me, and would not respond to any emails from me in the future, as I "was not the original customer", and I "have no recourse".
I disagree, because my friend had transferred recovery rights to me (with her knowledge) about a year earlier, as has already been stated.
Anyway, when my friend emailed her to request his refund, she reneged on her agreement to provide a refund - stating to him that she would NOT issue a refund to him by mail because she does not believe that he is actually HIM, and not ME, because she does not LIKE me.
She went on to further state that the only way that she would issue a refund to him would be in person, and that she would not expediate the matter any by allowing mutual friends to act as couriers. She did, however, state that for an additional $20, she could mail the (now unneeded) item to Canada.
Apparently, she does not deem it safe to send a CHECK to Canada, but does not care where the ITEM goes, as long as she receives more money.
This smacks of extortion to me (because of the additional charges that she is levying), and maybe discrimination. Nowhere on her website does she state this bizarre policy of only issuing refunds in person, and I believe she has enstated it for the sole purpose of frustrating my friend's efforts to obtain his refund, because she "does not like" me.
This isn't fair.
We have initiated a complaint with the better business bureau in her area, but cannot be guaranteed that they will make any efforts, or, if they do, that they will be successful.
I do not want to let this woman get away with stealing money from my friend.
Is there anything else that we can do?
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