Saddle Woes (OF)

[guest@endurance.net]

K S SWIGART   katswig@earthlink.net


Nancy Maxeiner said:

> I posted a note a few weeks back about OF and its business problems.
> I have paid money and have no saddle.  I have contacted the atty
> gen'l in MO and they have said that once a company dissoves (which
> OF has) they are under no obligation to fulfill any orders or repay
> any money.

Actually, it depends on the legal form of the company.

> Apparently, prosecuting for fraud is a tough thing to
> prove

Prosecuting for fraud is probably a non-starter in this
situation not just because it would be hard to prove, but
that, in fact, there probably wasn't any fraud.  I haven't
heard anybody suggest that OF was deliberately taking
funds for orders that they had no intention of fulfilling
so that individuals within the company could abscond with
funds.  Taking orders for product up front and requiring
a payment in advance, while having the intent to deliver
the goods upon completion of manufacture, and then
discovering that the ability to deliver the goods as
promised is beyond your resources might be poor business
management, but it does not constitute fraud.

> and suing can happen but is only worthwhile if there are
> assets.  (Word has it there are no saddles in stock and Len is
> living in a camp trailer in a field). So far the AG has written
> dear Len Brown a letter asking how he plans on compensating folks
> but that's about all they will/can do.  IF they have MANY complaints,
> more might happen.

What exactly WOULD you like Len Brown to do?  He can't send you
a saddle, he doesn't have one.  And he can't send you a check, because
it would bounce; he doesn't have any money either.  Where are you
suggesting that a saddle or some funds come from? You know you can't
get it from Orthoflex or Len Brown, who are you suggesting should take
on that obligation instead?

> My suggestion to anyone in a similar situation
> with OF is to howl to the moon.  Write and tell EVERYONE what's gone
> on.

My suggestion would be slightly different.  If I were in the same
situation, had no legal recourse, and actually wanted to get something
for the money that I had fronted.  I wouldn't be howling, I would be
polite not howling.  It is my experience, especially in situations where
parties can legally tell you to go jump in a lake, that I am more likely
to get something if I ask nicely.

So my suggestion to anyone in a similar situation with OF is to lodge
an appropriate claim with whatever legal authorities have jurisdiction,
and asked to be kept informed about the status of the company and
whether anybody is going to take up on the saddle manufacture where
OF and Len Brown left off.  And then get in touch with anybody who
might later take on such manufacture and hope that (by telling them
I ordered the saddle in the first place because I thought it was a
quality product and was excited about the idea of being able to use
it in my partnership with my horse) the new owners would be eager
to build good will with somebody who might then be either a repeat
customer or recommend the saddle to their friends not only because
it is a great saddle, but because the new owners are accommodating
and a pleasure to work with despite the fact that they had no legal
obligation to accommodate you.  To ask, in essence, if there is some
way to come to an amicable arrangement, and to ask politely, I might add.

> I have also spoken with an investment group in AK (where the
> "factory" is) and essentially was told the same thing.  Not a lot to
> do and those of us with saddle money out are small fish.  This guy's
> firm stands to lose millions apparently and they are higher on the
> food chain.

Indeed, you are unlikely to generate much sympathy being out a couple
of thousand dollars when there is somebody else who is out millions.

> There is an interested buyer for the company currently
> but a new owner is not bound to honour old obligations.  We can
> only HOPE  they might.

And there is more likely to be an interested buyer if the company
has not been maligned and bad mouthed.  And you would be more
likely to get a new owner to honor old obligations that they are
not bound to honor by being understanding and appreciative,
recognizing that the new owners aren't the ones who took
your money and didn't deliver a saddle.

> The whole situation makes me mad and
> disgusted beyond words.

Which I can fully understand, and suggest that you do what you
suggest other people do...HOWL at the MOON.  But when dealing
with everybody else, _I_ recommend not howling, but rather
being understanding and conciliatory of a bad situation.  That
way, other people are more willing to be understanding and
conciliatory of your own woes.