company refuses to make good

[aggressiveart]

Hello, I am currently dealing with a situation regarding a purchase of a laptop through half.com in September of 2001. Upon receiving this laptop there were immediate problems which required technical support. The situation continued with promises to correct the situation. After several attempts to do so and the refusal to take product back the seller finally agreed to do the repairs and instructed me on how to return it to his business for those repairs. On 12/03/01 the laptop was mailed via express delivery and insured for $1000.00. The package was in his hands the following day as promised. On December the 10th I was notified by email that the laptop had been repaired and was now enroute to me. The package failed to arrive and now I am without the laptop and the seller refuses to now make me whole and replace my property. He states that he is losing money and it is my fault that the laptop was not functioning and will not restore what is mine until the US Post office payes him.
My questions are how to I get this company to restore my property? and because this company is in Texas do I have to file small claim action in the state of Texas of can it be done here. To date the only thing I have done is report this man to the State Attorney Generals office. This company refuses to communicate and has shut off my email as well. It is now 02/20/02 I am left dangling without my property, a means to communicate and no reembursement of any kind offered or pending. Please help me.

 

[JETX]

Texas has a very good consumer protection law, called the Texas Deceptive Trade Practices Act. I suggest you read it and see if it can apply to the specifics of your complaint. If so, and you have to go to court to resolve the dispute, you can receive up to treble your damages.

Also, Texas small claims court is $5,000.00, plus costs.

Send him a certified RRR letter detailing your complaint. If applicable, note your claim of violation of the DTPA. Give him the required time to respond (60 days for DTPA claim) and note that if he doesn't respond as required, you will consider taking legal action against him.

Finally, if you do have to take him to court, you will have to do so here in Texas, in the county where the defendant is based.

 

[aggressiveart]

Thanks

Thanks for the headsup on this situation. I guess I should have begun this process sooner. Truly believed it would have been resolved by now. I will look into those iterms mentioned and pray for the best. Always wanted to visit Texas....never thought it would be like this.

 

[aggressiveart]

dear halket

What exactly is a certified RRR letter?
so I can detail my complaint

 

[justathought]

RRR=Return Receipt Requested

You mail it at the post office and get it certified (tracking number) so it's guaranteed to get there and return receipt requested so someone has to sign for it and you get the signed receipt returned to you.

It's to leave a paper trail/proof of delivery. Good luck!

 

[JETX]

BTW, the Texas Deceptive Trade Practices Act is located in the Business and Commerce Code and can be viewed at:
http://www.capitol.state.tx.us/statutes/bc/bc001700toc.html

 

[aggressiveart]

UPDATE! Company still refusing to make good

After doing futher research I have discovered that they US Post Office has paid this company for my lost laptop. I have the check number, amount of that check and the date it was issued.
As of today I still have not heard from the owner nor have I received a replacement of for laptop.
I have been more than patient and want to get more aggressive in my claim. What do I do now? Do I have to get an attorney here in Pennsylvania or obtain one from the state of Texas? Is it still necessary to wait out the RRR period? What do I do?

I need some sound advice on what my next steps should be this has going on since September of 2001. I deserve satisfaction.