What do I do?

[jkg]

In January I attended an open house for a home based business - without naming the company - it was a home-based business similar to Tupperware or Pampered Chef, where there is an independent demonstrator. I enjoyed my visit - I ended up ordering $85 worth of product. I expected my order to arrive in a few weeks. However, a few weeks later the demonstrator called to tell me my shipment was lost due to a recent snow storm, she was going to re-order the product from her company and call me in a few weeks. I never heard from her - in that time, I ended up selling my house and moving - when I finally was able to reach her - she replied that she was very sorry, her husband had been driving around for 3 mos. with my order in his trunk - he was supposed to have dropped it off at my house and never did. She told me that they were going through a divorce and things had been crazy in her life. She promised to deliver the goods, but never has!!! This is my problem: I don't have a receipt - I can't find a receipt anywhere (I suspect it has been misplaced or thrown out in the move), all I have is my cancelled check - I have contacted her SEVERAL times with no reply (phone calls, e-mail) - I have contacted her company with no reply - I seem to get a big run-around from them ("We're still trying to contact her, etc."). And I have heard three months of this. What is my next course of action? Do I show up on her doorstep and demand the money? Do I hire an attorney? Do I take her to small claims court? I just want my $85 back and immediately, since it has been 8 months. I live in Arkansas. TIA!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jkg:
In January I attended an open house for a home based business - without naming the company - it was a home-based business similar to Tupperware or Pampered Chef, where there is an independent demonstrator. I enjoyed my visit - I ended up ordering $85 worth of product. I expected my order to arrive in a few weeks. However, a few weeks later the demonstrator called to tell me my shipment was lost due to a recent snow storm, she was going to re-order the product from her company and call me in a few weeks. I never heard from her - in that time, I ended up selling my house and moving - when I finally was able to reach her - she replied that she was very sorry, her husband had been driving around for 3 mos. with my order in his trunk - he was supposed to have dropped it off at my house and never did. She told me that they were going through a divorce and things had been crazy in her life. She promised to deliver the goods, but never has!!! This is my problem: I don't have a receipt - I can't find a receipt anywhere (I suspect it has been misplaced or thrown out in the move), all I have is my cancelled check - I have contacted her SEVERAL times with no reply (phone calls, e-mail) - I have contacted her company with no reply - I seem to get a big run-around from them ("We're still trying to contact her, etc."). And I have heard three months of this. What is my next course of action? Do I show up on her doorstep and demand the money? Do I hire an attorney? Do I take her to small claims court? I just want my $85 back and immediately, since it has been 8 months. I live in Arkansas. TIA!<HR></BLOCKQUOTE>


My response:

Obviously, you know where this person lives. Your first step to collecting a private debt is to mail a courteous, but firm, letter demanding reimbursement/refund of your money within 10 calendar days from the date of your letter. I would strongly suggest that you send such letter by Certified, Return Receipt, mail.

Let her know that after the 10 days, it is your intent to file a lawsuit in Small Claims court, but that it is your desire to avoid that remedy if at all possible; but that the choice is hers.

Do not mention anything personal about her situation with her divorce; keep your letter short, to the point, and stay completely business-like.

Good luck.

IAAL


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