Interior designer will not give us what we paid for

[fleming29]

What is the name of your state? Texas

My husband and I ordered and paid in full for fabric, a custom chair, ottoman, delivery fees, and taxes from Elizabeth Jenning's Interior Design - an independent designer who works out of her home. This transaction took place in Feb 05. Mrs. Jennings said the chair would take approx 1 month. After one month, we had not heard from her, so I phoned and left a message asking about it. It took a weeks worth of messages before she left a message saying the fabric was defective - slight delay "no big deal". Well, weeks grew into months. During the spring months, we left messages "please let us know what is going on with our order - when will we get it?" Of course she never answers her phone and it takes numerous frustrating messages before she leaves another message for us with some kind of questionable of excuse - "Sister is sick and you dont' care about my family". At any rate, I really trusted this woman initially. We purchased other things from her (of course - these were things I bought on site) and her daugther is going to be a student at my school next year. You'd think she would be an honest business woman. Well, here it is JUNE and still no chair and she will not phone us. We have not spoken over the phone (besides messages) since FEb. As you can see, we are extremely upset. I have filed with theBBB. I contactd the DA in my county. I have sent a certified letter demanding my chair or face legal action. I am shortly going to file with the Sherriff's dept a complaint of possible theft on the advice of the DA. My next step is small claims' court. Here are my questions.

1). Her place of business is her home - she gave us this address. My husband and I want to actually speak to her (she NEVER answers her business line, home phone or cell phone). We want to go to her house - her place of busiess to speak to her. Would you advise against this?

2) Could I get in trouble for putting a sign on my car that reads "Elizabeth Jennings took our money and will not give us what we paid for" and drive around her neihborhood?

3) Do you think it is likely we can get her on criminal charges or will they laugh in our face?

4) Are there any other routes / options that we can do to get our chair?

Thanks - I'm to the point of tears on this !!!!!!

 

[shortbus]

1) Do not go to her house. That is trespassing.

2) Do not drive around her neighborhood. That makes you look like an idiot.

3) There are no criminal charges here. It is a civil dispute.

4) File in small claims court.

 

[fleming29]

Normally, I'd say thanks for a response, but I'm not quite sure how to take your post - using the word idiot doesn't really help the situation.

We intend to file in small claims court.

Criminal charges come to mind because I have discovered that this women has a history of taking people's money and then not giving them what they paid for. The district attorney told me that if she had a history of doing this, then it might be possible to go criminal route - unlikely but not entirely impossible. That is why he advised me to document this with the police dept as a first step.

As for driving around the area with a sign on my car - I don't think I'd look like an idiot. If I saw a person doing that - I'd think good for them and I'd also think badly on the business. It's my way of getting word out there that this business is bad - a right in this country. Some people might think I'd look like an idiot - obviously - you would, but I wouldn't care. Letting people know this business is possibly fraudulant would be totally worth it to me.

 

[djohnson]

Criminal charges aren't up to you, you can give your story to the police and leave it up to them. Definitely file the civil suit. Going to her house is a bad idea and you don't know what she will claim happened or you done. I actually like the driving in her neighborhood thing. You just have to be careful how it is worded/

 

[shortbus]

Here's why the potential to look like an idiot is significant. You drive around her neighborhood. When you go to file the claim, she brings in friendly neighbors to testify about your behavior. The judge may take this to be a sign that you're an unreasonable person who makes mountains out of molehills. And whatever the judge thinks, is what happens.

It has to do with preserving your credibility. That's all you have.