http://www.expertlaw.com/forums/ Consumer law, tips and information, including shopping, car dealers, retailers and travel. en Tue, 21 May 2013 12:42:33 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158570&goto=newpost Fri, 17 May 2013 23:52:46 GMT My question involves a consumer law issue in the State of: Oregon. My vehicle broke down and I had a mechanic tow it to his shop. I signed a tow bill... My question involves a consumer law issue in the State of: Oregon. My vehicle broke down and I had a mechanic tow it to his shop. I signed a tow bill for $75. Now when I went to pay the tow bill and pick up my vehicle he says I owe $750 in storage charges. I was never notified of storage fees nor was I ever biilled for storage fees. He is refusing to release my vehicle to me unless I pay these charges. Can he do this??? ]]> Consumer Law LKvrm5201 http://www.expertlaw.com/forums/showthread.php?t=158570 http://www.expertlaw.com/forums/showthread.php?t=158489&goto=newpost Thu, 16 May 2013 01:47:12 GMT My question involves a consumer law issue in the State of: Massachusetts Last July (2012) I listed my older motorhome for sale on Craigslist for... My question involves a consumer law issue in the State of: Massachusetts

Last July (2012) I listed my older motorhome for sale on Craigslist for $4,000. The first week of August someone came and looked at it, liked it, and decided they wanted it. They offered to give me $1,000 to hold it, and then the remaining $3,000 by the end of August, when they expected to receive a settlement for something (I'm not sure what) they were going to court from. I agreed and took the $1,000, making sure to tell them it was not refundable. I told them "I'll not going to take the deposit, hold the motor home for a while, then have you come back and tell you you don't want it anymore, I am trying to sell this". We got nothing in writing, which I really regret now.

August came and went, and I heard nothing. The first week of September I sent them an e-mail (all our future contact is done through e-mail) asking what happened with court and if they had the money, and still intended to purchase. She said there case was continued until October 3rd, but she would have the money then. I didn't put up a fight, and let it go. This happened again in October, again I had to contact her what was going on. In December I contacted her again asking what was going on, and she said court was continued again and that she didn't have the money, but would start sending payments from her husbands checks. I never received anything.

Finally, at the beginning of February I told her that she had until March 1st and then I was re-listing it, and her deposit would not be returned. I let her know I had given her ample time, and still giving her another month to follow through on her end of the deal. I told her I'd take payments. She flipped out, told me that I never told her the deposit was non refundable, and insisted I said I would hold it until her court case was settled, all untrue. I would be an idiot to agree with either of those terms.

Anyways, trying to be the bigger man, I told her if she could not come up with the remainder of the money, I would relist for $3700 obo on March first. Over the winter, the batteries went dead and it was winterized so I couldn't demonstrate a lot of the functions, and new I would have a hard time selling, which is the reason behind the lesser price. I told her I would return to her whatever amount over $3,000 I sell it for, as then I would not be profiting off the sale. I said I would try to get her $500 back, but no guarantees. She agreed with this. March came and I never heard anything else from her. So I listed it on Craigslist again the first weekend for March for $3,700. I showed it every weekend in March, but no real interest. April 1st, I lowered the price to $3,500 o/b/o. I still had a hard time selling it. Finally, on April 28th, someone showed up, was interested and offered $3,000 cash on the spot to purchase it. I told them I would take $3250 minimum, still trying to get something for the previous buyer. They pretty much called my bluff, told me $3,000 or nothing, I then told them the story of the previous buyer, and how I needed to get something for them to give back. At that point, he pulled the $3000 he already had in a bill fold, put it on the table, and took a $20 bill out of his wallet, and put it on top. He said that was the best he was doing. I gave in, signed the title and wrote up two bill of sales, one for him, and one for me.

I blacked out the personal info on the bill of sale, explained to the previous buyer exactly what had been going on for the two previous months, and how it was the best I could do. I paid money to winterize the motorhome, I paid money to keep insurance on it, I paid an addition years excise tax on it, there was no way I was giving the deposit back. I felt I have been more than fair with these people. Anyway,well she flipped out on me again, told me that $20 was unacceptable and she will see me in court. I've tried explaining over and over again that I have been more than lenient to them, that I followed through on what we agreed upon, and through all of this, they had made 0% effort in actually getting any of the money owed to me, and also showed 0% interest in getting the actual motor home.

My question is two fold. Am I in the right to keep the deposit? The $3020 I got from the real buyers, plus the $1000 deposit from the previous buyer puts the total at $4,020. The original agreement with the original buyer was for $4,000. Am I in the right thinking that I owe the original buyer $20?

I told her that if she drags me to court over this, I will try to reclaim some of my losses due to her not following through on her end of the deal. As I said, I had to winterize it, keep the insurance on it, and pay additional excise tax on it. Any chance I can counter-sue and get any of that? She said she would pay for the winterizing back in October when she told me she didn't have the money yet, but I never received anything. Winterizing is not expensive, just a lot of labor on my part. If I get a quote from a place for winterizing can I use that, or is my labor not worth anything? If I have to go to court for something that I feel is a big waste of time, I have to take time off of work, which equal wages lost, any recourse for that?

I really have no interest in going to court, but if she forces me, I would like to at least make it worth my while.

Thank you in advance ]]> Consumer Law Ryan1984 http://www.expertlaw.com/forums/showthread.php?t=158489 http://www.expertlaw.com/forums/showthread.php?t=158485&goto=newpost Wed, 15 May 2013 23:35:47 GMT My question involves a consumer law issue in the State of: Hello, USPS recently lost my priority mail. I am currently in South Carolina attending a... My question involves a consumer law issue in the State of: Hello, USPS recently lost my priority mail. I am currently in South Carolina attending a Army school en rout to Florida for my next assignment. My Wife mailed me some very important documents that we we need. Documents include certified copies of her licence, social security card and her original birth certificate, Among other military documents that pertain to me and my assignment. She received a tracking number which she gave to me and it says the mail was delivered Sunday May 5 at 942 pm in another city. I was supposed to receive the paperwork Monday the 6th. I contacted the help desk who opened a investigation and was told that they show that the mail had already been delivered and said they would contact me after they track it down. Today after 5 days I called them to ask the progress and they re submitted the investigation and gave me another investigation number because they still have not been able to track it down. I am worried because of the contents of the mail. I am waiting on this to complete the movement to my next assignment, much less All the info someone would need to steal myself and/or my wife's identity. What are my options here if any?

Thanks. ]]> Consumer Law SGT_Bland http://www.expertlaw.com/forums/showthread.php?t=158485 http://www.expertlaw.com/forums/showthread.php?t=158447&goto=newpost Wed, 15 May 2013 06:16:35 GMT My question involves a consumer law issue in the State of: california Purchased a new samsonite spinner suitcase on January 12th 2013, noticed a... My question involves a consumer law issue in the State of: california

Purchased a new samsonite spinner suitcase on January 12th 2013, noticed a broken wheel in early March of 2013. Have called called samsonite multiple times, calls not returned despite promises to do so. Claim not to have replacement parts. Only option is to take / ship bag to an authorized services >100 miles away, who will decide if the wheel is defective or damaged. Cost to package and ship bag is close to value of bag, if services claims bag was "damaged" I appear to be out the cost of the shipping and the cost of the bag. What does the law say about the availability of replacement parts and the availability of warranty service? ]]> Consumer Law SHblack http://www.expertlaw.com/forums/showthread.php?t=158447 http://www.expertlaw.com/forums/showthread.php?t=158357&goto=newpost Mon, 13 May 2013 11:18:58 GMT My question involves a consumer law issue in the State of: California Hello, I am not sure if I posted this in the correct place. Recently CEO... My question involves a consumer law issue in the State of: California

Hello, I am not sure if I posted this in the correct place.

Recently CEO of Ambercrombie and Fitch said publicly that he does not want fat and ugly people wearing his companies clothing. I do not like this and I have decided to protest this by wearing their clothing. I am fat and scruffy so exactly the opposite of what type of person the CEO said he wants wearing his companies clothing. My question is can I get into any sort of trouble for doing this? In any way? Also if I were to go to one of their stores could they refuse to sell me clothing? Could they try to legally intimidate me to leave the store? ]]> Consumer Law anonymous01 http://www.expertlaw.com/forums/showthread.php?t=158357 http://www.expertlaw.com/forums/showthread.php?t=158316&goto=newpost Sun, 12 May 2013 03:11:52 GMT I hired an artist via craigslist. I paid him half up front, $100. He had two months to draw a few sketches for a April 26th bday present. He put... I hired an artist via craigslist. I paid him half up front, $100. He had two months to draw a few sketches for a April 26th bday present. He put it off, delayed, said next week, constantly apologizes and still hasn't completed the project. He has my picture frame, personal photos, multiple trips to his house wasting my time, etc...

Im upset, my girl is upset but I still want him to finish because I know she will love it. He says he will send me photos of his progress but never does, I am beginning to think he hasn't even started!

This guy values his time, so I want to waste it in small claims court! My idea is to sue for the finished artwork or $500 (materials, downpayment, PUNITIVE DAMAGES?)

CAN THIS BE DONE? I want the artwork more than the money! How can I coerce him to finish?

Any Ideas would be awesome! ]]> Consumer Law Lindgren http://www.expertlaw.com/forums/showthread.php?t=158316 http://www.expertlaw.com/forums/showthread.php?t=158266&goto=newpost Fri, 10 May 2013 17:00:18 GMT My question involves a consumer law issue in the State of: Oregon I posted a few months ago about an incident at a hotel chain where I was accused... My question involves a consumer law issue in the State of: Oregon

I posted a few months ago about an incident at a hotel chain where I was accused of smoking in the room, even though I did not, and I was charged a $500 smoking violation fee. I immediately (next day) disputed the charge with my credit card company. This was back in March and they have been doing an "investigation" since then. Apparently I won the chargeback and the charge was reversed, woo hoo right? Wrong! I didn't even receive anything from my cc company saying the investigation was over, however I did receive an email from the merchant saying,

"We received a dispute notice from our Credit card processor in the amount of $500.00 from your Credit card company/bank. We will be taking you to small claims court for this charge, if the $500.00 is not reversed by today, 05/10/13."

I have never done business with such a rude and unprofessional merchant ever! What is my recourse? Can I be sued for disputing this charge? Also I live in California, and I was on vacation in Oregon where this happened, how does this work if I live out of state and they sue me? Can I hire a lawyer for this? I am freaking out right now this happened almost 3 months ago, I did what I thought I had the right to do as a consumer wrongfully charged and now im being sued!:confused::grumpy:

Any help would be greatly appreciated thanks! ]]> Consumer Law Bmcgee3 http://www.expertlaw.com/forums/showthread.php?t=158266 http://www.expertlaw.com/forums/showthread.php?t=158201&goto=newpost Thu, 09 May 2013 01:24:02 GMT My question involves a consumer law issue in the State of: Wisconsin This last summer I moved out of a house. The landlord gave me 14 days to move... My question involves a consumer law issue in the State of: Wisconsin

This last summer I moved out of a house. The landlord gave me 14 days to move out before he would have evicted my roommates and I, thus, no eviction. I have lived at a couple different places since before finally settling into an apartment. WPS has now sent me a bill, in my name, for over $1500 of services rendered, interest, and late fees from the house I moved out of this last summer. Obviously, I called them and said this was a mistake. They have NO record of my calling to take the service out of my name when I moved out (which I did) and told me that the only way I am not responsible for the bill is if the landlord from that time agreed to pay the bill. Any attempts to reach him have failed. Regardless, he most likely wouldn't accept the bill anyway. Furthermore, the place was sold this last January, complicating things even more. I have offered WPS proof that I have lived at other places, including mail forwarding forms from the postal service, yet they refuse to budge and insist I am responsible for the bill. On top of all this, they have now disconnected my electric and my current apartment due to the excessive "debt" I have with them. In short, is this a bill that I am responsible for because of their error? ]]> Consumer Law revak2010 http://www.expertlaw.com/forums/showthread.php?t=158201 http://www.expertlaw.com/forums/showthread.php?t=158144&goto=newpost Tue, 07 May 2013 16:17:08 GMT My question involves a professional license in the state of: CA

i already know that what i'm about to share has nothing to do with licensing..BUT i'm wondering if i can get any legal advice through here on what i can do..

My son started a new daycare in february. it was a daycare home. he liked it, but i didn't-it was all i could afford at the time :/ long story short, her son had a baseball game one day and i was not able to leave work to pick up my son early so the daycare provider took my son with her KNOWING that i did not okay it on the permission slip i was given at the time of signing him up. i pulled my son from her care the next day and now she has sent me to collections:eek: (in the contract it says to give 4 weeks notice and whether you give notice or not you still owe another 4 weeks tuition) i am just wondering if there is anything legally that she did wrong when she transported my son..? is there any chance that, if what she did was illegal, that it would void the contract? (the permission slip was a separate piece of paper from the contract but i'm thinking she broke a state law..?) ]]> Consumer Law nicki630 http://www.expertlaw.com/forums/showthread.php?t=158144 http://www.expertlaw.com/forums/showthread.php?t=158123&goto=newpost Tue, 07 May 2013 05:48:50 GMT My question involves a consumer law issue in the State of: Minnesota Hello, I need your help/input/suggestion on a case with services from a... My question involves a consumer law issue in the State of: Minnesota

Hello,

I need your help/input/suggestion on a case with services from a wedding photographer (WP) we hired.

Description of Situation:

We hired a WP for our wedding and paid a price he suggested for us. As he was promoting his business in our town, he ended up offering himself to us at a very good deal. We hired him and a 2nd photographer he suggested to use as his helper.

It has been about five and a half months since our wedding, and we have yet to see or hear about our photos. Our last point of contact with him was 3 and a half months ago. We contacted him via email to his business email, inquiring about our photos "nicely" and when they would be available. He has not responded. His contract does not state clearly when the pictures will be delivered, but it does state that: the pictures will be delivered between 3 and 6 weeks after the wedding, and that it is not a guarantee, but that it is a very good estimate for most situations. He further goes to mention in the contract: at least some proof images,and possibly some fully-processed images, will usually begin to be available to view via private page provided on photographer's website within just 3-5 days after the wedding.

In his last email contact to us, (2 months after wedding, now about 3 and a half months ago), he told us that the pictures would be done after he finished some personal business, agenda, some other weddings, in a maximum reasonable time that he deemed was maximum reasonable (yes, he used the word maximum). His contract also states that we should handle any/or all disputes via arbitration through the American Arbitration Association first.

In a nutshell: Another wedding photographer gone wrong, and not willing to be responsible and make life easy for everyone by just fulfilling his contract.

My Questions:

What are my options under the state law of Minnesota?

We are writing a letter of breach of contract; sending it to him via certified mail with return signature. I understand that I have to be business-talk only in the letter and no emotion (do I wish to let him know how I feel now!) The letter is to the point. We are telling him he breached the contract (date specific), description of breach (failed to deliver in a timely manner), we will offer a cure (to deliver pictures in 2 weeks on a specific date and time-- please advise on this point); if he does not follow through with letter, we are letting him know in the letter passively that we will pursue legal actions via the arbitration system.

I would also like to know if I have the right to ask for full legal rights of my pictures at this point? His contract says he will include a letter granting us rights to replicate prints as we please, but that he still holds full legal rights of pictures. Due to the circumstances and his ignorance of time, can we ask for full legal rights of pictures and strip him of legal rights of our pictures? Does the time factor play to our benefit? I don't want an irresponsible person such as him to have any rights over our pictures anymore. Can we also claim that his negligence of time affected the lives of many people (can we use that wording to our advantage to make our case stand better, or does it have no use in this regard?).

Thank you everyone for your input! This will be much appreciated! ]]> Consumer Law Atriosm3 http://www.expertlaw.com/forums/showthread.php?t=158123 http://www.expertlaw.com/forums/showthread.php?t=158040&goto=newpost Sat, 04 May 2013 20:48:00 GMT My question involves a consumer law issue in the State of: Illinois. I joined a martial arts gym last year under a one year contract. I have seen... My question involves a consumer law issue in the State of: Illinois.
I joined a martial arts gym last year under a one year contract. I have seen threads on this topic before but mine is slightly different. Upon signing the contract, I already lived outside 25 miles from the gym. After two months, I found I was no longer able to make my commitment so I wrote them saying I was going to cancel my contract. I did not hear back from them, but I was no longer billed. Now, a year later, they are saying I owe them a payment. I did not keep any record of my letter letting them know of my intent to cancel, I only know I was not charged the monthly fee after that. I am wondering if I had legal standing to break my contract based on the fact I already lived outside the 25 mile radius from the gym or whether that only applies to relocating 25 miles or farther. ]]> Consumer Law edarger13 http://www.expertlaw.com/forums/showthread.php?t=158040 http://www.expertlaw.com/forums/showthread.php?t=157801&goto=newpost Sat, 27 Apr 2013 19:58:33 GMT My question involves civil rights in the State of: nebraska. I was banned from a business about six months ago, for absolutely no reason that i am... My question involves civil rights in the State of: nebraska.

I was banned from a business about six months ago, for absolutely no reason that i am aware of. the same day police showed up to my house and asked to search, i then asked why he was even at my residence, he said there was a theft in town and he couldnt tell me exactly what business, but i tied the two together..
i was angry and since there was no formal issue written to me i proceeded to continue going to the store without issues until now. the last time i was there i was questioned about being there, i told them i wasnt sure if it was formal, they let me buy what i came for and instructed to have me call the business owner.
I called the owner and was being as polite as possible, it sounded like he was listening to my story, and i had assumed he would have investigated the issue? but i didnt expect much. I recieved a letter today, it states "due to recent actions, the decision has been made on the corporate level to ban and bar you and all family members from all said business locations, if you return or attempt to return we will contact police and charges will be filed, you are also banned from calling or in any way contacting any said business employees at the afore mentioned sites."

SO!, even after the cops came to my house.. even after we pleaded VERY COOPERATIVELY! why cant i even get an explanation! i know 100% that i am completely uninvolved in whatever they suspect me of. so why am i not getting anwsers, and do they have the right to suspect me for no reason? ive never felt this discriminated against it just feels absolutely wrong.:grumpy: ]]> Consumer Law jjake http://www.expertlaw.com/forums/showthread.php?t=157801 http://www.expertlaw.com/forums/showthread.php?t=157773&goto=newpost Fri, 26 Apr 2013 21:45:39 GMT My question involves a consumer law issue in the State of: New York I have bought a bedroom group and two sofas in a furniture store. After more... My question involves a consumer law issue in the State of: New York

I have bought a bedroom group and two sofas in a furniture store. After more than a month, they delivered incomplete bedroom group with a wrong bed. They refused to take it back or exchange, insisting that I ordered this exact item. They refused to return the money I paid (by check.) They were saying that, in order to receive the bed I asked, I needed to pay extra money, though I bought it as advertized in their flyer. The sofas has never been delivered. I won a default judgement in the Small Claims Court, but I cannot collect money, because they changed the store's name. That is, the same store, the same people inside, the same location, just a different name.
My question is, what should I do in this situation, and what are my legal rights and chances?
Thank you. ]]> Consumer Law alex.shem http://www.expertlaw.com/forums/showthread.php?t=157773 http://www.expertlaw.com/forums/showthread.php?t=157590&goto=newpost Mon, 22 Apr 2013 14:37:24 GMT My question involves a consumer law issue in the State of: Ontario, Canada Hi all, I ordered thousands of dollars of products from an online... My question involves a consumer law issue in the State of: Ontario, Canada

Hi all,

I ordered thousands of dollars of products from an online retailer with a quantity of over 50 pieces. It was a clearance item and so I bought out the remaining stock. The product page did not identify that there was a limit of x per customer. After calling in and reviewing my order online, it said that it was on the truck for delivery. In total, the items weigh approximately 3000 LBS.

While this process was going on, I had spent countless hours on the phone with buyers, distributors, freight companies, customs brokers etc.

I received a call today and they told me that I can only take a maximum of 5. The call came from the United States when this is a Canadian retailer. So I called the Canadian customer service and asked them what was going on. The guy did not know, but I cancelled my order because 5 pieces is simply not worth my time, or money for shipping. I spoke with a manager and asked her what the problem was and she said that because I am a reseller, they cannot sell to me.

I asked where it shows that on the product page or in the policies. She sent me over to an area that says under the category "Price Match", which I was not doing. I explained to her, and thought that this was a huge waste of time, so I just let it go at that point. Her point was that they have the right to limit quantities, which I understand, but nothing read on the product page about that, and nothing on their website outside of a price match with a competitor dealing with limiting qualities is stated. It does say "We reserve the right to limit quantities sold to an individual customer." under the price match category.

They had originally approved the order, charged my credit card and then loaded it onto the truck. Turns out right before the truck left, they decided to call me about this saying that they do not and will not sell to resellers. I requested a courtesy credit and she said no. They will refund.

Probably about 12 hours of work, looking really bad to clientele and organizing broker and freight all down the drain. I don't want to necessarily pursue legal action, but I feel that something is due, or maybe I'm completely in the wrong. If I am, please feel free to tell me. Just a horrible experience to say the least. ]]> Consumer Law salmanpasta http://www.expertlaw.com/forums/showthread.php?t=157590