Hi,, I need help on how to respond to a letter from attorney.. here is the story, I file complain with BBB against a business on a defected product, and demand for full refund. Just when I was waiting for their final respond though BBB, they send me a letter from their lawyer basically saying if I continue with "false & defamatory allegation" they will sue me, and I should take the 1/2 refund they offer. Can anyone tell me how to respond to this letter? What I filed was all true, the company keep changing their mind about refunds & exchange that is was is lead to BBB. They know I have no background no money, so now they are using lawyer to make me "shut Up".. Please anyone, what do you think I should do, just let it go?.....
You need to look up the unfair and deceptive trade practices statute for your state. How much money are you talking about? Has the BBB seen a copy of this letter? I've never heard of a consumer complaint being considered defamation when filed thru the BBB? Attorney sounds like he might be a bully that knows you are right, and trying to beat you into submission. But of course, I don't know the full story.
Hi..Thank you for the reply. The product in question was carpet, cost me $2000. After 30 days of installation, the carpet started to "peel-off", showing lines..and that was a 10 year warranty product.... The claim file w/ BBB is waiting for their final respond though BBB mediation. But instead they send me a letter from a lawyer. I know they violated several law, for instance, in CA, the sales has to be register with the state board, and they cannt use sub-contractor with no license. but I have hard time lookimg up the codes, so I thought maybe creditnetter/law gurus can give me a idea where to go from here, I am trying to type up a letter content to their claim, I really dont have money to hired lawyer & play legal games with them. anything will help. thank you.
There are lots of Cali folks here. Hopefully someone will see your message, and can point you in the right direction. If you see your post "falling" to the 2nd page, go to it hit reply and type bump. It will move it back to the top, you have to wait for the right person to see it. You might check with your local bar association to see if legal aid is available in your area.
Was the installation bad, ie seams separating where they cut the carpet? Or is it that the carpet is peeling off from the backing? If it is the carpet itself, you may have better luck going to the manufacturer.
The inspector said is manufature defect. Base on my understanding the factory already issued the credit back to the retailer.( the company I filed complain against). They are not dening the claim, they just dont want to replace me the same "quality" carpet nor full refund. they claim they sold me the wrong price, so now they can only replace me with the same "value" of carpet..are you following me? Exp. you bought a Toyota Camry at discount price, it turns out to be a lemon, and the dealer wants to replace you with a Corolla, because they claim they sold you the wrong price on the Camry. Would you agree with them? I didnt , so this is how the whole thing started...... I just hate to give up when I know I am right,,,,, Thank you for your advice..
I would sue them both and let them blame each other in court. I would also call or write the attorney and ask him wht basis can he even think of filing a suit against me on? Defamation?? What Defamtion of the truth?? I hope you have videos/pictures of this and also a papertrail of letters and phone calls you've made to settle this mess. This will help you greatly in court. Ask him why he feels the need to pay you anything if they are right? This is a basic strongarm attorney tactic to get you to leave them and the issue alone. I would LOVE to get a letter like this!! I would have a major field day with it! Tac
I agree with Bill, either the AG, or if Cali has it, an Office of Consumer Affairs. Gather your paperwork, sales receipts, pictures, etc. write out a detailed timeline from start to finish of everything that has occured. Installation dates, when the defect became known, that the manufacturer has reimbursed the retailer, but he refuses to replace the carpet. (This is my favorite!) Lets see, you paid him an agreed price, he then receives a full refund from the manufacturer, and now is refusing to "make it right", and wants you to accept 1/2 of what you paid for. Sounds like and unfair and deceptive trade practice. I would send a copy of your letter and documentation that you sent to the AG to the dumb a$$ attorney AS YOUR ONLY RESPONSE TO HIS BS. Then, because you say you can't afford an attorney, and you don't sound comfortable filing pro se, I would call the local news station (I bet there is one that deals with consumer problems), and have them do a report for you. This ought to get their attention! And, if it were me, I would drag the manufacturer back into it as well. The warranty was with the end-user, not the retailer. IMHO they never should have paid the retailer. It matters not to you who solves the problem, you just want it solved. Good luck!
I wasnt able to sleep all night, trying to finshed the letter, now that I read all your advices, it certainly made me more confidence in hadlering this matter. The letter I came up is 3 page long, if anyone would consider review & correct for me, so I dont make a fool of myself, kindly let me know, I will send a copy via email. Thank you so much, I learn so much about credit here, now I learn even more.. thank you all.
BTW. the letter was send to me regular (0.37cents stamp)., I guess they thought 0.37cents can scare me away/..
<bump> any one has a website address for cases & law on California State code & Federal Trade Commission Act sec(5)?
http://www.leginfo.ca.gov You can then click California and check the Civil check box or whatever you are searching for.
This is my favorite!) Lets see, you paid him an agreed price, he then receives a full refund from the manufacturer, and now is refusing to "make it right", and wants you to accept 1/2 of what you paid for. Sounds like and unfair and deceptive trade practice. ====================== This outfit is getting paid twice. And they wanna sue him.LOLI guess they thought //////////////////////////////////////////////////// 0.37cents can scare me away/.. zyzy1688 +++++++++++++++ LOL Cute I like this LOL The END ************************* LB 59
OH thanks for the site, I found this... and added to my letter.... ".....Deceptive pricing: We were told the product has a clearance price & is much cheaper than other same quality product because is an overstock item, later confirmed by Jane Dove of ASSXXX Carpet that the statement is not true. This constitutes unfair or deceptive practice or act affecting commerce in violation of Federal Trade Commission Act Sec (5) ; State code sec 1770(13) & subject to $ 500 penalty pursuant Sec 7160: ¡§Any person who is induced to contract for a work of improvement, including but not limited to a home improvement, in reliance on false or fraudulent representations or false statements knowingly made, may sue and recover from such contractor or solicitor a penalty of five hundred dollars ($500), plus reasonable attorney's fees, in addition to any damages sustained by him by reason of such statements or representations made by the contractor or solicitor¡¨....." ...still digging into those file...God I have a headache, now I know how much valuable infomartions we are getting form all the Vets here without working hard. we just have to read their notes & follow the outlines. I sure wish there is a site about consumer rights like this one.... my sincere thanks to all the Credinet VETS..you rock..!
I just send my respond letter to the carpet company & manufacture today via CRRR. Let them see how serious I am vs their 0.37 cents stamps. Q: Should I sue them in small court?...never done that...or should I just go straight to the news station?...
That would be hilarious. I love it when the TV expose shows trap the culprit and they have that "deer-in-the-headlights" look and run from the camera. By comparion, small claims court seems sedate.
Re: Re: OT: I need help on a consumer right I agree, small claims would cost them a couple thousand. Do you know who much bad advertising can cost a company????
