rep's trying to rip me off

[lipservice]

update contract question

What is the name of your state? Hawaii... the defendant in CA

This is a update from my last post. The rep's say they are keeping my samples due to not paying showroom fees. The contract which I signed says...

In the event of termination of services, the Manufacturer shall return his sample collecton and other properties after all commissions and/or fees due to the showroom are fully paid.

We only paid for two shows in August of 2003, after that they didn't write enough orders. They wanted to continue so we agreed to 20% commission instead of the 15% plus $500 per show.

We would receive faxes of showroom bills when shows would be happening. We always called and said if you can't write we can't pay and always agreed to the 20% deal.
This was the agreement until we terminated the contract in Sept. 04. The rep's wrote some orders and got their 20% and payment was made in full.

They are snakes... When I questioned about returning my samples, they said "Pay final commissions and we will return the samples we have been in biz for 30 years and have no need for your samples". I paid and they returned some... but the missing samples cost over $1000 and still on my credit card not paid and at 14.9 apr.

Are we entitled to our samples?

 

[tijerin]

How can I make these snakes either pay or give me back what is mine.....
thanks
lipservice

I would start by sending them a certified letter return receipt requesting the return of your items or payment for said items.

Then, assuming that doesn't work, get a lawyer to draft one and send it with a threat of legal action.

If all else fails, you'd have to sue them in California for either payment or return of your samples. Just be sure you can prove that they didn't send you everything back already (as may be their argument).

 

[lipservice]

will verbal agreement will be honored over written contract

I would really appreciate if I could have an answer....

I signed a contract that states I will pay all showroom fees and commissions. However, after the first month we operated under a verbal agreement to pay higher commissions of 20% in lieu of showroom fees. We came to this agreement because of rep's not writing enough biz] the verbal ageement was for the 11 out of 12 months before I terminated the contract.

Which agreement is favored ....if verbal is favored then .....would a countersuit by the defendant suing me for breach of the written agreement be considered by a Judge at small claims.

thanks

 

[JETX]

I would really appreciate if I could have an answer....

And we would appreciate your not starting a new thread to continue an existing one. Return to your original thread and put this 'update' there.

 

[lipservice]

for your information

Jetz, I didn't start a new thread, I went back to my thread and posted this as a reply. If you look at the thread you can see that it wasn't a new one it's dated 2/15/04

Just asking for a answer.....thanks

 

[JETX]

Jetz, I didn't start a new thread,

Hmmmmmm....
Your FIRST post in this NEW thread includes "This is a update from my last post."
If it is an update.... why didn't you make it on your ORIGINAL thread??
And if you did make it on your additional thread (as you imply in this one), that would make this one a DUPLICATE post.

In any case, lets 'kill this one' with the following:
This is either a continuation of an existing thread, or a duplicate post also made on an existing thread (whichever 'version' the OP wants to imply).... so for responses, go to:
https://forum.freeadvice.com/showthread.php?t=199760

 

[lipservice]

Jetz, Well, I must say that all of this energy expended, why not just answer my question? Perhaps this is preparing me for the endless pursuit of getting back what is rightfully my property.

The thread that you linked me to was another question, albeit connected to the reps, they wrote the bad biz..but a entirely different suitation, a different thread ...btw... I did collect payment from the bad checks...thanks for your advice, you still are the bestz...

To clarify what has happened with the thread, I wrote it in Feb. I updated it within a week or so, when I learned that the reps were defiantly keeping my samples for so called unpaid showroom fees. I didn't receive an answer from anyone in the forum. I read the forums to learn more, I simply wrote a reply to my thread from 2/15 not knowing that it would be brought to the first page.

I am contemplating my suitation to see if it's worth it to sue in SC.. it is discouraging that over 80% of judgements go uncollected. I want to pursue the action, but want to know if I could wind up in a worse suitation by being countersued and lose.

Anyway, even if you don't answer my question... I appreciate the forum and have learned alot .....besides, I may not have ESPN but do have ESP and that may liberate my final decison to sue or not to sue.