Failure to Delivery Product

[BBlitz]

California/Colorado - I live in CA and ordered some engine parts from a company in CO via the phone using a credit card number. I was told I'd have my parts within 2-3 weeks, and the company charged my card the same week. When the statement came in I paid it off immediately. It has now been nearly 9 months of constant telephone calls (most unreturned) getting one excuse after the other and I still don't have any parts. I sent a certified letter demanding a refund, and the owner finally replied saying he'd get me my money but was having trouble with the credit card company. Now he claims he has most of the parts, but I'm leary of accepting any of them, I'm afraid they are not what I ordered, since he can't/won't confirm any of the part numbers/brands. What can/should I do? Where do I need to file? It's not uncommon for these types of transactions to take a couple months, but this is absurd...please help!

 

[JETX]

I would suggest that you try to file a dispute with your credit card issuer (the one who bills you). You are beyond the limit of their being REQUIRED to get involved, but they might either overlook it or you might be able to 'convince' them (only if they refuse involvment) due to the shippers delay. The two items that you are beyond are: the questioned bill has been paid and you are beyond the 60 day from billed period. (See the FCBA at http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm )

Other than that, you are pretty much at the mercy of the vendor since you have no other agreement in place.

 

[BBlitz]

Thanks

Thanks for the response. I've already tried the credit card company and they will only send me another copy of the statement showing I was billed and then payed it off. They have no way to confirm whether I recieved the product or not, so they are unwilling to do anything further. If I want to file a claim against the vendor, do I have to file in CO since that is where they are located? I placed the order from CA...

Can I do it via mail? Any suggestions on who to contact to begin the process? Thanks!

 

[JETX]

If you intend to be able to enforce your judgment (collect it), then you will need to file where the debtor has assets. If they do not have any in California, that means you will have to file in Colorado.

And, sorry, but you will have to make an appearance to make your claim.

You are about to get a quick lesson in interstate commerce.

 

[BBlitz]

Bummer, I was afraid of that. That's ok, I have family there that I could should go visit anyways. Can one of them file the papers on my behalf, then I attend the court date? Is there a certain office/agency I can call to get the ball rolling? Thanks, I really appreciate the info!

 

[BBlitz]

One other thing, if it becomes necessary to sue them, is it reasonable to expect judgement for my expenses (travel and attorneys fees if required) since we did business over the phone, but I'd have to travel there to resolve it? At this point, I'm out about $2K.

 

[JETX]

Q1) "Can one of them file the papers on my behalf, then I attend the court date?"
A1) No. They cannot file in your name, since that would be representation. However, you can contact the appropriate court in California and they will send you all the necessary forms and instructions. Also, I would suggest that you consider investing in one of the "How to win in Small Claims court in California" books. As you probably know, California is very friendly to the 'free flow' of citizens. This makes the process somewhat easier (AND there is a lot of information available. To see some of it, click on:
http://www.google.com/search?q=California+Small+Claims

Q2) "Is there a certain office/agency I can call to get the ball rolling?"
A2) See #1 above.

Q3) "One other thing, if it becomes necessary to sue them, is it reasonable to expect judgement for my expenses (travel and attorneys fees if required) since we did business over the phone, but I'd have to travel there to resolve it?"
A3) Reasonable, yes. Recoverable, No. Anytime you decide to do business out of your state, you need to consider the risk of that interstate commerce. (I suggest you have a 'venue agreement' in place saying that any agreements or litigation would be done in YOUR home state). If you incur expenses trying to recover, generally they are NOT compensable and certainly not in Small Claims court.


[Edited by Halket on 06-19-2001 at 06:10 PM]

 

[BBlitz]

Excellant, thanks for the valuable info...

I left another message for the owner today, let the games continue. Thanks again, I'll post any response or resolution that I get.