Broken_Wankel Posted February 13, 2008 Report Share Posted February 13, 2008 I'll try to make this as short as possible. Basically, a shop in California owes me a large sum of money, and they won't refund it. A while back I made a purchase from a performance shop in Cali for some products. I agreed to a 90-120 wait period, and at the end of the wait period, the product never came in and I requested a refund. They said that they would return my money, fully. That was this past November. Since then I have called them multiple times asking for updates on my refund. Through out these past several months, they have said that they would send the money out on at least five separate occasions. The last two times they claimed to have sent it out, they have given me three separate tracking numbers...one for the first one, two for the second ( the first of the two was "for another order"). None of the three tracking numbers were valid through usps..which he said they were mailed by. He claims that the check was indeed sent out on 1-15-08, and claims to have proof of the tracking receipt (of which number doesn't work). I have asked for the proof repeatedly via fax and then email. He has not produced any proof...so I believe he's b.s'in as he lied to many times to count already. That's the jist of it. Now for the question. What kind of legal action should I take against this asshole? I was going to call the USPS mail fraud division, Cali State Attorney Generals Office for Consumer Protection, the Better Business Bureau, and if those don't work, I was going to take him to claims court and call a lawyer in Cali and see about suing them for damages. My knowledge on how to deal with these problems isn't that great, so I'm kinda just shooting in the dark on what to do. Any advise would be greatly appreciated. One last note. These assholes are almost impossible to get ahold of, and I've called so much that his employees recognize my voice and I think the owner is avoiding any further confrontation with me....he always seems to be "busy" or "gone". Quote Link to comment Share on other sites More sharing options...
dakotart Posted February 13, 2008 Report Share Posted February 13, 2008 This isn't GSM by chance is it? Quote Link to comment Share on other sites More sharing options...
Guest agtw31 Posted February 13, 2008 Report Share Posted February 13, 2008 how did you pay for the stuff?postal money order? paypal? if postal,contact your postal inspector try this: internet fraud bureau i dont know their website but google it,and youll find it. Quote Link to comment Share on other sites More sharing options...
ImUrOBGYN Posted February 13, 2008 Report Share Posted February 13, 2008 Sounds like you're on the right track to me. Look into the internet fraud bureau thing, too. Quote Link to comment Share on other sites More sharing options...
Casper Posted February 13, 2008 Report Share Posted February 13, 2008 Fly to California. Buy a baseball bat. Pay a visit. Problem solved. Quote Link to comment Share on other sites More sharing options...
Guest mrhobbz Posted February 13, 2008 Report Share Posted February 13, 2008 Fly to California. Buy a baseball bat. Pay a visit. Problem solved. That sounds like the best solution by far. Quote Link to comment Share on other sites More sharing options...
cptn janks Posted February 13, 2008 Report Share Posted February 13, 2008 replace BASEBALL BAT with GUN Quote Link to comment Share on other sites More sharing options...
Ramsey Posted February 13, 2008 Report Share Posted February 13, 2008 Fly to California. Buy a baseball bat. Pay a visit. Problem solved. Is that from a movie? Punch drunk love? :shruggs: Quote Link to comment Share on other sites More sharing options...
JaSSon Posted February 13, 2008 Report Share Posted February 13, 2008 Did you pay by credit card? If so just call your credit card company and dispute the charge. I've been through this before with a mustang performance company out of california. I got all my money back. Quote Link to comment Share on other sites More sharing options...
Casper Posted February 14, 2008 Report Share Posted February 14, 2008 Is that from a movie? Punch drunk love? :shruggs: No movie. Not a quote. Quote Link to comment Share on other sites More sharing options...
GSXRAntwon Posted February 14, 2008 Report Share Posted February 14, 2008 No movie. Not a quote. Just another sick quote from Satan himself... Quote Link to comment Share on other sites More sharing options...
Broken_Wankel Posted February 14, 2008 Author Report Share Posted February 14, 2008 It was a check sent via USPS which is why I was thinking about calling up the Postal Fraud guys. Figured I try and get these dillholes charged with a federal offence if possible. I seem to remember reading some where that the USPS Fraud Division won't really take acion unless they have several complaints. I'll have to contact the local postal inspector to find out for sure. I wonder what the best time of year to visit Cali would be???..hmmm Thanks for the advise...keep giving me some if you know something. Dakotart, I'm guessing you're referring to the shop. No, it's not GSM. I kinda want to keep their name out...atleast until I get my money. Quote Link to comment Share on other sites More sharing options...
dakotart Posted February 14, 2008 Report Share Posted February 14, 2008 Dakotart, I'm guessing you're referring to the shop. No, it's not GSM. I kinda want to keep their name out...atleast until I get my money. Yeah, they are big into doing mopar (dakota, ram, srt) stuff. they have screwed about every customer base that they have. Quote Link to comment Share on other sites More sharing options...
baron_ Posted February 14, 2008 Report Share Posted February 14, 2008 what about a court action? Scare them into coughing up the $$$? If it was me...I'd go down to the courthouse and grab some paperwork that files for mediation Voluntary process, free (or almost) - etc Send a copy to those fockers and tell them that your small claims court requires that you try mediation before filing a claim Quote Link to comment Share on other sites More sharing options...
Broken_Wankel Posted February 14, 2008 Author Report Share Posted February 14, 2008 what about a court action? Scare them into coughing up the $$$? If it was me...I'd go down to the courthouse and grab some paperwork that files for mediation Voluntary process, free (or almost) - etc Send a copy to those fockers and tell them that your small claims court requires that you try mediation before filing a claim I'm pretty much positive that I'd have to contact the Cali courts though...and go there to do any kind of court action. If I have to go to Cali to get my money back, I'm going to try my damnedest to get more money out of them by suing for damages. I've been trying to get ahold of them latly and just giving them an ultimatum. Send me proof the money was sent by this Saturday, or I'll start taking legal action. Quote Link to comment Share on other sites More sharing options...
baron_ Posted February 14, 2008 Report Share Posted February 14, 2008 And why do you think that? They opened themselves up to business in Ohio by taking your money. As such, they can be sued in either California or Ohio. If you'd bought the stuff in California and then dragged it back to Ohio...you'd be right Quote Link to comment Share on other sites More sharing options...
Twistedrx7 Posted February 14, 2008 Report Share Posted February 14, 2008 you can probably still get money back since it was through a check. check with your bank and have them go after them instead of yourself. Quote Link to comment Share on other sites More sharing options...
Broken_Wankel Posted February 14, 2008 Author Report Share Posted February 14, 2008 And why do you think that? They opened themselves up to business in Ohio by taking your money. As such, they can be sued in either California or Ohio. If you'd bought the stuff in California and then dragged it back to Ohio...you'd be right Because our courts have no jurisdiction over him. I don't believe that because he sold a product to someone in Ohio from California, that our courts would have jurisdiction. I could be wrong, but I'm pretty sure our courts don't. I actually never thought about contacting my bank... The check was cashed by the shop back in May of '07 so I don't think my bank will help me. It's worth a shot though. Quote Link to comment Share on other sites More sharing options...
baron_ Posted February 14, 2008 Report Share Posted February 14, 2008 it depends on the kind of contact that they had i suppose it's a complicated issue...but it can't hurt to threaten something as stupid as mediation...and worry them do they advertise in Ohio? trade shows? billboards? magazines? Quote Link to comment Share on other sites More sharing options...
Broken_Wankel Posted February 14, 2008 Author Report Share Posted February 14, 2008 it depends on the kind of contact that they had i suppose it's a complicated issue...but it can't hurt to threaten something as stupid as mediation...and worry them do they advertise in Ohio? I don't believe so. I know they sponsor cars...atleast it says they do on their site. I kinda doubt that if they happend to have a sponsored car in Ohio, that it would be considered as having a "connection" in Ohio. I'll probably just call and leave a message tomorrow giving them my ultimatum and see what happens. I'd really like to talk them directly, but they hardly ever answer the phone. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted February 14, 2008 Report Share Posted February 14, 2008 If I were you I wouldn't settle for anything less than a full refund. You paid for a product, agreed to the terms and got nothing. That deserves a refund. So, if you dont mind me asking approximatly how much are we talking about? Because if its like 500$ then it might not even be worth it. Quote Link to comment Share on other sites More sharing options...
Crossle Posted February 14, 2008 Report Share Posted February 14, 2008 I would be showing up on their doorstep...not only with the receipt from the internet, but the receipt for plane tickets and hotel fees.... Quote Link to comment Share on other sites More sharing options...
Broken_Wankel Posted February 14, 2008 Author Report Share Posted February 14, 2008 I would be showing up on their doorstep...not only with the receipt from the internet, but the receipt for plane tickets and hotel fees.... Thats why I plan to sue for damages if I have to go. Try to turn it into a fully paid vacation. They said they would give me a full refund....it just hasn't happened. It's for $1950. Well worth a visit if you ask me. Quote Link to comment Share on other sites More sharing options...
Akula Posted February 14, 2008 Report Share Posted February 14, 2008 Call the local PD. They have scammed you out of your money. They police showing up will probably make them stand up and take action. Quote Link to comment Share on other sites More sharing options...
Akula Posted February 14, 2008 Report Share Posted February 14, 2008 BTW, where in California? I am there a few times over the next two months. Quote Link to comment Share on other sites More sharing options...
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