Re: OrthoFlex and $$$

["Susan Garlinghouse" <suendavid@worldnet.att.net>]

Having found this out the hard way fairly recently (though not via OF), it's
worth noting that even if OF clearly owes you money, if the company or an
individual files for bankruptcy, you'll be barred from following through
with any legal action until its settled through the courts, and you may be
standing in a very long line along with other creditors to get your money
back.  In my case, the monies were "unsecured", so it was a lost cause.
It's much easier if the money was paid through a credit card, as most credit
card companies (at least, all of mine do) have a procedure for you to
protest their paying out a credit card charge, even after the fact, even if
you did so in good faith at the time.  Not receiving merchandise in timely
fashion is a legitimate reason for them to charge back the money to your
account.  Much older and wiser, I *always* try to pay through a credit card
these days if I possibly can.

However, it didn't sound yet as though Len was contemplating outright
bankruptcy---let's hope another company buys the business, delivers the
promised goods and improves the customer service problems that OF's had in
the past.

In the meantime, I certainly agree that creating paper trails via
**certified** mail is an excellent idea (wife of litigator attorney speaking
here)---the more you can indisputably prove your own good faith efforts, the
better off you'll be.  BTW, if it ever comes to any sort of litigation, the
courts look much more kindly on courteous and succinct correspondence over
vituperative rants.

Hope everyone avoids losing their deposits.  Getting ripped off is a bitch.

Susan G




----- Original Message -----
From: Carolyn Burgess <carolyn_burgess@hotmail.com>
To: <darolyn@swbell.net>; <ridecamp@endurance.net>
Cc: <curt@evergreen-realty.com>
Sent: Friday, July 06, 2001 2:56 PM
Subject: RC: OrthoFlex


> I'm sure there are lawyers on Ridecamp, who will correct me on this one.
> Anyone who has put a deposit on a saddle or prepaid for merchandise that
you
> have not received should follow this to have any hope of seeing any money
at
> all.  First of all, write him a letter telling him that you expect either
> your ordered merchandise or a full refund within, say, two weeks. Make
sure
> that you state in the letter that you will pursue all legal remedies. Send
> it registered mail, return receipt requested and keep a copy of the letter
> (start an OF file).  Hopefully, you paid with a credit card, if not, it
> won't be as easy.
>
> Wait for a response from him.  If it doesn't come in the two weeks, send
> another letter as a follow up telling him that this is the second letter
> you've sent and note his response (either something or nothing) and tell
him
> that 1 - you will contact your credit card company, or 2 - you will be
> filing suit in court naming his company and him personally (if he is a
> corporation it won't do any good but say it anyway).  Give him a shorter
> time limit this time, say 5 days. Send it registered, return receipt
again.
>
> If you don't get a satifactory answer, if you paid with a credit card,
write
> a letter explaining the situation to your credit card company, and send
> copies of your letters, the original receipt, any letters or
correspondence
> you receive from him and anything else that will substantiate your claim
> (including a copy of the letter from his website).  They will credit your
> account.  It may take some time, but they are good about this and this is
a
> great reason for buying with a credit card.  If you paid cash, you will
have
> to file suit.  He doesn't have to file bankruptcy to close his doors.
>
> Good luck getting your money.
>
> Carolyn Burgess
>
>
> ----Original Message Follows----
> From: Darolyn Butler-Dial <darolyn@swbell.net>
> To: ride camp <ridecamp@endurance.net>
> CC: Curt Hagan <curt@evergreen-realty.com>
> Subject: RC:  OrthoFlex
> Date: Fri, 06 Jul 2001 15:17:56 -0500
>
> Hi everyone,
> Just was visiting with the Hagan's (who have a $1000 deposit sitting with
> OF)... & suggested they get on Ridecamp and band together with other OF
> owners, or folks that have deposits on new saddles.  Strength in numbers
> folks!!!
>
> Darolyn Butler-Dial  & Mark Dial  (COWBOY)
>               CYPRESS TRAILS EQUESTRIAN CENTER & HORSEMAN VIDEO SHOWCASE
>
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>
>        e mail: darolyn@swbell.net         http://home.swbell.net/darolyn/
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>
>
>
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