General Consumer Rights

Being punished for DMV'S MISTAKE

AARTII — Fri, 20 Nov 2009 03:10:13 GMT

I applied for a learners permit and failed the first time. I was told to return BY a certain date..I returned before the dateand passed the test. I was then given a stamped learners permit which was validated. On returning eight months later to do the driving test..I was rudely informed by a person there that since I wrote the test before the date I had to do everything over again. She ripped the stamp off the permit and gave ot back to me..Who should I contact for this proble.. She told me id I spoke to the supervisor she is sure he will tell me the same. Why should all my time be wasted because eight months ago I wrote the test before the deadline..please help..I dont want to do this all over again...aash

Paid for something, never received

Cool711 — Sat, 21 Nov 2009 03:08:29 GMT

Hello there,

Hoepfully someone out there can guide me here.

I paid a luthier (priovate guitar buildre) to make a guitar for me approximately 2 (now going on 3 years ago)

According to him, he said it was finished about 4months ago.

I paid him the balance that was owed 3 months ago, but he has not shipped the item.

It appears on his website as a finished item, I paid via paypal but nothing.

Each week, I call him, and he promises to ship it that week, but then the following week he makes up some excuse, and this has been going on almost 3 months now.

Whom should I contact (laywer wise) to have this resolved.

He is from Connecticut and I am in Miami.

All I want is to get the item I paid for.

Several of his other customers are reporting similar problems.

Confidential?

WilliamMCC — Thu, 19 Nov 2009 06:07:21 GMT

Hello, I just have a brief hypothetical situation I wanted to get some insight on. Here it is: A minor telephones an attorney and pays a fee for a consultation. The minor gives the attorney the facts of the case and begins working for the minor. An advosary party,(The minor's parent/legal guardian), calls the minor's attorney and recieves all information on which the minor told the attorney. Is is true that an attorney client relationship was established regardless of the minor's age, and that the minor has paid a fee.
So since there was an existing attorney-client relationship, wouldnt it also mean that anything the minor as said to the attorney is protected under the "Attorney-Client Priveledge", due to the existing relationship, also wouldn't it also be true that if the attorney did not want to assist the minor with legal consulations that the attorney must notify the minor and that the sum of monies would be refunded to the minor under contract law since most contracts made by minors without parental/guardian permission is revocable? Doesnt the attorney have to keep all communicationa from the minor confidential even after the contract was complete or revoked?

Threat of cease and desist from a shoddy service provider

JohnCorky — Fri, 20 Nov 2009 01:04:47 GMT

A service provider could not satisfactorily complete a service after 2 attempts. I had paid for the first only. They had agreed to attempt a third "fix" but suddenly insisted that I consult a specialist. I informed them that I would gladly do so if they paid the specialist. They verbally agreed, but stated they had to turn it into malpractice insurance and I would have to pay the specialist in advance. Long story short, I paid twice and the first provider has presented dozens of reasons and excuses for not covering the specialists cost, or even a portion. (The specialist got it right, no issues)

I suggested that their behavior will cost them more than the $1100 in dispute as I talk to many people. Their response was that I am threatening them with defamation of character and they may have to get a cease and desist.

I contend that I can share my story with anyone I please as long as I do not fabricate their offenses. Also, I can't see a cease and desist as I have discussed the matter with no one so far.

Am I required to maintain sealed lips on what was a blatent rip-off? I intend to complain to BBB and the local Chamber as well.

Thanks for your interest.

Product offered for a donation.

Ringwood — Wed, 18 Nov 2009 12:47:10 GMT

Hi,

I live in Massachusetts. The state is offering firewood at their state parks. The offer is worded "Firewood will be available at the campground for a donation of $5.00 per bundle." What is the difference in a product being 'available for a donation' as opposed to being available "For Sale"?

Thanks

Flood insurance improperly underwritten

sedonail — Tue, 16 Jun 2009 00:58:49 GMT

I bought flood insurance through an agent in 1985. On 6/12/09 I found out by calling my City Engineering department our flood maps changed in 1992 resulting in my paying thousands of dollars more than I should have. Each year when my policy renewed I questioned the agent about our rates and was always told...FEMA sets the rates and they are standardized. Yes...they are... if they are properly underwritten. Now the insurance broker said the insurance company will refund the overage for this year and the previous year and that the National Flood Insurance Program will refund the next 4 years. 6 year Statute of Limitations....

I overpaid for 11 more years. The insurance company said it is not their responsibility to check the flood maps...but it is my agent's responsibility to check for me. The agent said I should have checked my water bill because that is where notices are included about changes.

Can someone help us get back our money???

Being persued for my sister's debt,can I set things right?

MSSW — Wed, 18 Nov 2009 22:55:47 GMT

What can I do to obtain information?

What can be done about this collection agency who first did not correctly check the claim they were tryting to collect for and who is now trying to re-collect for the same debt under a different claim number?

Do I have a substantial case against either?

Back Story: My sister and I had planned on moving in together towards the end of 2007. We had both turned in applications,hers in person and mine I faxed to the Leasing Office with the instructions to Shread (dispose) of my information if by chance it is not needed or if circumstances change.

We were going to move in together because she didn't have rental history which would have made it difficult for her and I did/do.Also because I was going through the outs with my live in boyfriend and would be living alone (because of a health problem,it was not an ideal situation for my episodes and my family).

Nonetheless, other problems in our family occured and I wasn't going to be moving in with her after all, instead would help care for a grandmother and myself.Once faced with this my sister told the aprtment manager.She was then contacted back by the apartment complex's manager and was told that she would be able to move in, all there was left was to do the signing of the lease and other materials.

My sister after 8-9 months of being a resident was unable to keep up with her payments and of course was in contact with the leasing manager because non-payment means your knocking on Eviction's door. Upon speaking with the leasing meanager she found out that my name was also on the lease. She contacted me and asked if I had ever signed anything and I told her "no", that they were actually suppose to shread my information once decided I would not be a resident to the property. When I made contact with the leasing agent I was told that she couldn't take my name off because of the current issue my sister had. (I do not know the law in regards to this so took her word for it)

I had not heard anything further about the situation until September when a collection company called me at work in "attempt to collect a debt". I at first argued with the guy because I didn't know what was going on, in my mind I never heard of this company don't know why this collections agency would be calling ME especially at work. But as I spoke with him further, I found out that they have a lease with my signature on it. I immediately tell him that I naver entered into any agreement with the property and in fact asked them to get rid of anything that had any of my information. I also requested that he send me copies of the paperwork.

14 days later I receive the packet with the application I filled out along with the copy of my i.d. and s.s. card, the forged lease agreement and also court papers for a court date that occured in July which recorded my sister and I as "no show" and the judgement against us for those actions. I repeatily tell this company that this is not my signature the leasing company has obtained a fake signature knowingly and the difference was Very evident. Come January the collections company mails my employer a packet outlining the case with a "WRIT ANSWER" sheet for him to fill out and return. He didn' to say the least. I received about the same type of letter from the company a week-a week and a half later.

Because of no answer the judgement was entered in their favor. My employer had to pay out over $2K, which I am now paying back to him.The judgement was entered as "Satisfied" June of this year. September came and so did this collections company trying to collect the same amount from me again. This time I will not let my ignorance win me over. And am currently counter suing them and looking to find out if I can also go after the property that allowed an "unauthorized" signature on a Legally binding Document but am uncertain if I can and how.

{I have found out that the propety had had all my contact information and had not contacted me at all in regards to the situation. I also found that the collection agency has done the same just in reverse in trying to collect,they have not ever contacted my sister about court dates,the amounts/fees or the results thereof. I've been contacted at work when I ask them not to,I received court documents that don't look authentic some of which dates haven't matched,I've been lied to,hung up on,given the run around and made fun of when I tried to give them notice of my reporting them to the FDCPA if it continued.}

They are currently trying to garnish me again for the same claim that they have filed under a different claim number stating for damages. I countered that all damages should have been inclusive in the first attempt they had and when I requested "proof" of such damages they send me a itemized statement showing the satisfaction of the judgement nothing showing additional damages. They are also now trying to include that I have to pay for the months the apartment wasn't occupied which would be from 08/08-11/08 which I know isn't right because the lease was up September,they are trying to get money for months that were not apart of the original contract.

I have sense collected information for myself and had my sister type out a letter of omission to present at the pretrial hearing but I have yet to get the property's signature policy.when I had asked the Leasing manager about it she told me there isn't one and refused to send anything in writing stating that as a fact. She also refused to give the contact information for the property owner.

What can I do to obtain that information?

Do I have a substantial case against either?

Automobile Contract

walterw — Wed, 18 Nov 2009 13:44:07 GMT

Purchased a 2009 Pontiac - Contract required repayment of $286.25 per month

Finance compant sent coupon demanding $299.30

Claimed it needed the extra in view of the fact that my credit report does not show a recent automobile purchase

I have written several letters with no results. They ignore me

Where do I stand? At this point can I possibly consider a "Breach of Contract"?

What would my next step be?

Thanks

Scammed by PNC financial services

wizzo — Tue, 17 Nov 2009 13:32:56 GMT

Yes I guess I fell for the loan money send us 3500 scam.

They promised me a refund in 2-6 weeks,I sent the money to Canada.

They wanted me to also pay the duty 0n 150,000 and asked me to send another 1500

Help,what can I do?

Is this Contract Valid or is this Fraudulent Sales

Shebee1 — Mon, 07 Jul 2008 00:09:31 GMT

On June 28, a guy came by our home selling a protection service. My wife told him that he would have to come back later and talk with me. Later he came back for me to "try" their service. He stated that we could try it and decide if we liked it or not. He said his company was using our house as a "test" house.

Our only obligation was to keep their sign in our yard.

I told the sales rep that I Did not have my Glasses and Could not read the contract and that he would have to explain the contract to me. I asked several times if I could cancel at anytime. He said, "Yes, just call the company. You don't have to keep the service if you don't like it."

I signed up, and then I specifically told him that I did not want Auto-Withdraws.

1. He said it was standard to get a check routing number, but it would not be an auto withdraw. (to make sure that I had a checking account & really who we said I was)
2. He said that I had thirty(30) days to "try" their system & could cancel at anytime without charge. We were told that we could cancel if we did not like it, (not that we would be locked into a 5-year contract. We will be moving withing the next year.) I asked this question over and over again, with the assurance that I was NOT Locked-in to any contract.

AFTER I signed the paper, he started writing. I thought he was signing it, but he was printing my name & putting on the date & signing the auto check withdraw & etc.

My wife was contacted by phone on July 3, 2008 by the company.
When my wife was contaced on July 3, she clearly stated that I was told that we had one (1) month to cancel. *At no time was she told that she only had three (3) days. The lady that she spoke with told her that she did not know anything about it, only that she was verifying information.
My wife also clearly told her that she knew that the payments were NOT to be auto-withdrawn at our bank and that we were suppose to be direct billed by mail. My wife also stated that she did not know the terms, but that we had thirty(30) days to cancel if we did not want the service as was stated by Jeff Gardner (their rep.) and I (David) was at work and that I would be home later.

We have not used this alarm system, nor called to activate it. It is not pluged in to our outlet. When we called on July 5, 2008 to cancel, we were told by them that the papers were signed and that we were locked into a five (year) contract and would have to pay 80% to be released. This is unfair, fraudulent practices.
I DID NOT HAVE MY GLASSES TO BE ABLE TO READ THE CONTRACT AND TOLD JEFF THAT. He kept adding stuff after I signed. I did not date nor print my name and did not know he checked other things.

He left out vital details and did not answer truthfully about the service. What can I do? I written the BBB & our att. general.

Thanks...

COntractor Bailing out on me

Ed41 — Mon, 16 Nov 2009 01:14:15 GMT

I hired a contractor that was doing some repair work on my home . First he quouted $3-5000.00.

Well I ran out of money to pay him. I told him I would pay him. He has not finished the work. He has left a lot of work undone and I pay him $250.00 a month to pay him what I owe him. But he has not came and finished what he agreed to. I had to do some of the work my self since then, he told me he would knock some of the price off. He has not came here to finish what he started.I have not seen him in 2 months and I am supposed to pay him till June 2010,but I feel I should not have to pay him due to incomplete work he is still charging me for> Someone help me here>> Please give me some Ideas.

MD - Filed Motion To Compel - No Answer - What Next?

BummedInBaltimore — Fri, 13 Nov 2009 02:45:16 GMT

Hello,

I am in MD and have a $30k lawsuit against a plumber in Baltimore City. I won an initial judgment against him (he failed to appear) but he claimed he was never served so we have to go through the whole process again.

This time around I sent him several certified sets of interrogatories (same questions, mailed multiple times). He never responded, so I filed a motion to compel. The judge ordered the motion and copies were sent to me and the plumber giving him notice he has 15 days to file his answers. This upcoming Monday will be 15 days since the order.

My question is, once he has failed to answer within the alloted time, what is my next step in the process? Should I ask that he be held in contempt?

Alos, our trial is set for December 1st. If he fails to appear for that and I get another default against him, can he also claim not to have been served on that one? Thanks in advance for any help you can offer!

Dispute with a University

NickleDL — Mon, 09 Nov 2009 22:30:49 GMT

I'm not sure if this is exactly the right area of the site to aske this question, but here goes:

I recently attended the [a university], and found that the "education" they provide is nothing of the sort. I can provide evidence of this lack through the assignments I have completed, and the course schedules (three of which are nearly identical). Frankly, I did not sign up to pay $2,000 a credit to learn how to properly use commas, and most assuredly not three times over. Nor should any such institution even be accredited; I myself witnessed several instances of students receiving credit for copying directly from the (extremely outdated) textbooks, and anyone with a refresh button can cheat their online tests.

I can go into more detail if necessary, but the bottom line is that I refuse to pay for a service that I did not receive. This University is essentially giving away degrees for the price of admission, and offering nothing even closely resembling a quality education.The kicker is that most employers are aware of this, and won't hire graduates of the University in the first place.

I've filed a complaint with the BBB, and with those who are in charge of the school's accreditation. I've spoken with the loan company that handled my federal aid, and with their Ombudsman(sp?) office, and no one seems to know to whom I need to speak to resolve this issue.

They all recommend that I contact the school itself, which I have done many times. It is readily apparent that all they are interested in is my money, and I have been hung up on by their collection department multiple times when attempting to resolve the matter.

Please, any help at all would be much appreciated. Thanks for your time.

Small Claims

BigCat — Mon, 09 Nov 2009 02:36:43 GMT

I was staying at my girlfriends house and here room mate would not quit complaining about me not paying the rent, so under the impression we were staying I wrote her a check. We ended up moving out due to her harrassing us, and I put a stop payment on the check. She is not sueing in small claims court. What should I do?

Security company threatening collection

absha — Sun, 08 Nov 2009 03:42:30 GMT

Apologies for the long story below, but I want to make sure I don't leave out any part of the context that may be important. I am in a big pickle here...

18 months back, one salesman from [***] home security knocks on the door, gives an aggressive spiel... in the end I signed a contract (big mistake #1). The salesman behaved as nice as can be, told I could cancel anytime, but stupid me didn't read the contract thoroughly (big big mistake #2). Minutes after I signed, lo, magically the installation guy happened to have spare time and installed right then..after some days I really regretted this, called them to cancel it, take the equipment away and charge any installation fee if needed. I also sent in a letter requesting immediate cancellation. Couple days later someone called, said I had only 3 days to cancel and I called the fourth day - I immediately called the "friendly" salesguy, who said he will take care of it (but I don't have any written record of it - didn;t think to get one, mistake #3). I then didn't hear anything for months. The equipment remained in the house, but I never even plugged it in, never got a bill or anything. After 6 months I sold the house and moved. Three months after that I get a call saying it is still active, still in my name and that I need to make the new owner transfer the acount in his name. I just said I have cancelled it, I don't live there anymore, they are free to contact the new owner themselves - and I again thought that would be the end of it. Well recently I heard again from this company, asking for a large cancellation fee or they are sending the case to collection.

I am clearly annoyed at my stupidity of signing the contract, but am also cheesed off at their threat - and very very worried about the collections bit. So my question is, do I have any standing here or should I just give in and pay whatever they are asking? I know I signed the contract and may be cancelled a day later than the contract grace period, but by not providing the service and not ever billing me, don't they also show their intent to not enforce the contract(leading me tobelieve it was cancelled)? should I engage an attorney? any advice greatly appreciated. Thanks much,

Roofing job gone bad - Mechanic's Lien Threat

Jeni9 — Wed, 28 Oct 2009 14:42:43 GMT

We hired a roofer to do our roof. He suggested we add a second layer rather than tear off complete roof. Told us that we are allowed two layers and would not have to pull permit for job. Said it would take only one day to do job. He got sick on first day and had to leave. Next day he came back and completed job to about 90% complete. After he left I received notice from city that we needed to pull permit for job and that code only allows one layer (code changed 2 yrs ago). I called contractor and told him this. He said he told us we should have checked w/city before he started the job (not true). City told us they would allow the roof to stay until spring, but then we would have to do a complete tear off and re-roof. We were also informed that a drip edge is required, but contractor never told us about this. When we asked him about it, he said he DID tell us and that we told him not to put it on. Total lie. Never even heard of a drip edge until now. We told contractor we aren't paying him because we have already paid out $1500 in materials for job (purchased ourselves) and now we are going to have to re-do the roof in the spring because of his mistake. He said the city isn't his concern and that he put the roof on as promised and now wants to be paid. When he left, he said he is going to file a lien against our house. Can he do that? Are we required to pay him? Do we have recourse against him? We are in Colorado. Thanks for any help!

Auto dealership fraud

zombirt — Thu, 05 Nov 2009 21:38:16 GMT

My wife purchased a vehicle on 9/10 and got in an accident on 9/15-when I called my insurance company I was told the car was never added(the sales agent told my wife he would take care of it)We did not have coverage so [the insurance company] refused to repair it.I was told by the attorney general's office and the secretary of state that when a dealership applies for a new plate and registers a car they are supposed to show proof that the vehicle has full coverage-something the dealership did not do. The damage on the vehicle has been estimated at roughly 9000.00 and I feel it is the dealership's responsibility to have it repaired since they failed to report the car's insurance information when they applied for the new license plate.I live in Michigan and was wondering if I have a case against the dealership.

PayPal is often a moot question - maybe not in this instance

Joe-Houston-TX — Wed, 04 Nov 2009 09:06:11 GMT

1. I noted a charge in my PayPal account I did not authorize and immediately tried to inform paypal who is entrusted with the care of what ever amount of money I choose to have available there. I received no notice from PayPal that a transaction was in progress, and found out by accident when I visited my account at Paypal. I also have no idea who IREEL is save what I found on their website after the fact.

    a.) I also contacted the merchant IREEL in question.

2. Because I could not get a live person at paypal as their online contact by phone form is pooched. (( If you can not get to the form ( it errors out ) and get a 6 digit pin # you can not get by the automated phone recording.)) I cancelled the debit card and moved all of the funds I had there to a local Houston bank. I wanted to insure I mitigated and lessened the possibility of continuing fraud.

3. The merchant replied and refunded.

----------------------...
iReel.com - Customer Service <info@ireel.com>
to     joessoftXXXXXXXXXXX
date     Fri, Oct 30, 2009 at 11:47 AM
subject     iReel.com - Cancel confirmation [LTK151036126095X]

hide details Oct 30 (5 days ago)

Hello,

Thank you for taking the time to contact iReel. We are sorry to hear that you had a negative experience during your visit. We are continually working to improve our site, which is made possible, in part, by valuable feedback from customers like yourself.

We were able to locate the account with your information and please be rest assured that your premium membership is now canceled. Rest assured that no further charges will be made to your account.

A refund of 34.95$ has been applied to your account. This transaction may take 5 to 10 days before appearing on your statement.

Your account information has been completely removed from our database.

I hope that this answers your question. As well, please do continue to let us know if you have any further questions or comments. Your feedback is very important to us.
Regards,

Cody

iReel.com - Watch Movies Anytime, Anywhere!
Please help us improve our service by completing a short questionnaire. Your comments are greatly appreciated!
You can complete the Survey here:

----------------------...

a). I never had any "premium" membership. But was content. The card was cancelled, funds moved. The only funds remaining were those refunded.

4. This eve I paid a visit to paypal, and despite my debit card was canceled by me. I have an email from PayPal showing a new card was being issued and we had the letter above and others from IREEL, yet, I found this "debit card" transaction from the same company last eve.. ( it's now 3.00 AM Houston Time )

Transaction Details
Debit Card Purchase (Unique Transaction ID #292617184J369625R)
Original Transaction Date     Type     Status     Details     Amount
Nov 3, 2009     Foreign Transaction Fee     Completed     Details     -$0.35 USD
Net Amount:     -$35.30 USD
Related Transaction Date     Type     Status     Details     Amount
Merchant:     IREEL.COM1-888-382-896 STOTFOLD GB
Purchase Date:     Nov 3, 2009
Fee:     Foreign Transaction Fee
Amount:     -$0.35 USD
Status:     Completed
Net Amount:     -$35.30 USD
Status:     Completed

----------------------...

I can not post all the back and forths as there are too many. But the gist lies in the above.

What standing might I have and in what venue? Texas Courts ( as they do business and have for many years in our state ) or a US District Court? Also, a complaint on the criminal side with FBI Cyber Crimes/Fraud, is that far fetched? Complex Litigation with others in like situation ( Class Action ) ?

Thanks for any input. I understand you can not tender actual legal advice, nor does this or any communication between you ( whom ever you may be ) and I constitute an attorney/clent relationship.

where do i go from here

Dom340 — Tue, 03 Nov 2009 20:21:55 GMT

i recently thought i purchased a car and 2 weeks after the bank declined the loan on the newer vehicle and the dealership had already paid off my exciting loan and now they want the new car back and they dont have a bank to put me in my old car what do i do from here

Trouble with the wedding videographer...

lfrederick — Tue, 03 Nov 2009 19:49:37 GMT

My husband and I were married on May 30, 2009. It has been OVER 6 months and we have not recieved our wedding video and we can barely get a response from the videographer. The contract we signed states that the video will be complete "approximately" 60 - 90 days after the ceremony. Well, it's been more than 180 and I don't know what to do. I feel that we are entitled to a full refund of the thousands of dollars that we paid this man. He told me in an email on September 1st, that we would have the video by the end of the week. It is now November 3rd. I've been very patient and I even told him that we are patient and we understand that he's busy, but we would appreciate updates and we'd like to know when he thinks he might have the video finished. The last I heard was Oct 19 and he said that he was working on the reception, we should have it by the end of the week. Should I consult with an attorney? I feel that we should get either a full refund, or a partial refund and our video. We fulfilled out part of the contract by writing the big check for his services. I've never had this problem before. My husband thinks that I should tell him to do something else with the video and demand a refund, but I don't know if I have a leg to stand on since the contract states "approximately" 60 - 90 days instead of a DEFINITE 60 - 90 days. I'm sorry I've talked in circles here, but I am upset and extremely irritated. Any advice would be greatly appreciated. Thanks!

Wedding Venue Contract

SHL5818 — Mon, 02 Nov 2009 19:12:01 GMT

Back in December 2008, I booked a wedding venue out in Chicago (being that I live in PA) for June 2009. In order to book the venue, the contract stated that I had to put a 50% non-refundable deposit down, which I did. The contract further stipulates that in the event I cancel 180 days prior to the event, I may get 50% of my deposit back should they re-book the venue. This past August, my fiance had an accident in that she almost died and we wanted to cancel the event. We notified the venue of the situation in September and they indicated that the contract is binding and that we may get half of our deposit back should they be able rebook the venue. In addition, 40% of the total value $3500.00 is tax deductable since the fee goes towards supporting the zoo. However, the venue would not even provide a tax gift voucher. My question aside from empathy, is there any grounds for me to pursue a full refund of my $1750.00?

Collections

DEK39571 — Mon, 02 Nov 2009 16:12:13 GMT

I have collection questions. Can someone call your employer and verify employment and say that it is for a garnishment when they are just working the collection account. They have not filed suit yet which means that they do not have a judgement which they must have for a garnishment in my state of mississippi.

If they are not able to do that i need to find an attorney which is willing to go agains another law firm.

How to remove invalid negative credit record?

immiq — Fri, 23 Oct 2009 00:24:00 GMT

An overcharge in a telephone bill was rejected. The customer told a collection agency this was an overcharge. The agency did not contact the customer again. But, the customer found the collection record had been on the credit report at the end of year through the credit examination. The customer then contacted the credit reporting agency. After 30 days, the credit reporting agency replied that the confirmation was received from the collection agency. It is valid. Then the customer has to add the notes on the credit report. It is an overcharge and has been rejected. Is there any way to remove this record? If no, will it be automatically removed in 7 years?

Ongoing repair episode: your opinion please

syntaxed — Fri, 23 Oct 2009 03:24:55 GMT

Hello everyone,

I have been trying to resolve an equipment repair problem since August 2009 and would appreciate your opinion/advice on the matter. Sorry about the length...

The story begins when I notice that 2 of my audio devices (a mic PREAMP and a computer INTERFACE) from the same manufacturer do not function properly when hooked up together.

In late June 2009, unable to determine with certainty which device is at fault, I ship both of them off for repair to the only authorized service facility in North America. This company is located in the U.S. and I am located in Canada.

In late July 2009, I am informed that the INTERFACE requires a new mainboard at the cost of $575. I protest that this was most likely a defect and that I shouldn't have to pay for repairs, but nevertheless agree to have the repair carried out. I am told that this repair would be warrantied for 12 months and that this would be written out on my invoice (it was). The repair is allegedly carried out and both units are shipped back to me.

In early August 2009, upon reception of my devices, I perform a test to determine if the problem had been resolved. It had not. Nothing had changed.

I immediately emailed the company notifying them that the problem hadn't been repaired. I was ultimately contacted by telephone and their initial response was that everything had been "tested and was working correctly when it left the shop". The problem had to be at my end.

I then decided to perform videotaped tests that I posted to YouTube to prove that the problem was still present and that would also allow them to tell me what was wrong with my setup. There were detailed logs of the tests that were posted online for them to examine as well. At this point, they started to ask me to do additional tests to help them diagnose the problem.

In early September 2009, the tests "made no sense" to them, so they sent me a replacement PREAMP for me to test. I had to pay $90 in duties and taxes to pick it up at the post office. I ran more tests and the problem was still there.

They then decided to send me a replacement INTERFACE for more tests. When I learned of their intention to do so, I emailed them asking them to test it themselves before sending it to me, since by now they knew which test I would be performing... They assured me that the unit had been tested at the factory.

When I received the replacement INTERFACE (after paying another $90 in duties and taxes), I carried out 2 more tests using only the replacement gear. Same result!

I then 'went public' on the manufacturer's support forum, asking other users if they had similar issues or any suggestions. The manufacturer's principal engineer responded that he had an idea and that I would be hearing from them. One week later, I was informed by the U.S. service facility that they would be sending me a "special riser board" that I could install myself if I felt up to it. I agreed that I would carry out the repair if they would provide me with clear instructions.

I am now waiting for that "special" part.

As of today, I have lost money and considerable time, all because they never bothered to actually diagnose and test my equipment when they had it in the shop.

My primary goal is to get the equipment 100% repaired.

Once that has happened, I am considering a variety of 'closure' options:

asking for a full refund of "repairs" carried out in July 2009
asking for a full refund of duties & taxes paid on replacement gear
billing them for tech services rendered to date
???

Have I made any mistakes in my handling of this so far?

What are my legal rights for compensation?

Thanks

Can I get my money back? - Warranty, consumer right in NY

David123 — Wed, 21 Oct 2009 20:41:07 GMT

I bought an area rug for 3000 dollars. We took it home and two days later noticed that there were several loops that were coming part. We asked the store and they said it is because it is a hand twisted wool and some of the twists are not buried and were coming out and is not a problem. We told him we were not comfortable with the yarn coming apart and returned the rug, since he said he will stand behind his carpet. We tried to select some other carpet and nothing worked to our taste, the one that came close was 1500 dollars more expensive. We asked for our money back and he does not want to give it back. He says we have buy a new one and he won,t refund the money. His sales reciept does not say anything about warranty or guarantees. What are my options. Can I get my money back or do I have to only end up buying a new carpet from him? I live in Rochester NY. Thanks. David