At the risk of getting sneered at yet again for being stupid , may I ask anyone who understands these things for some advice over a problem I have .
!2 months ago , I ordered a model loco from an American manufacturer .
Part of the deal included a deposit of 50% , or $350 .
Another part said that I could wait up to 90 days for the model .
I have yet to receive the model , and today received the latest communication from the supplier , stating that the model would be shipped in the next 90 days .
I have communicated several times with the bloke involved and the excuse , which initially was a very valid one has
been rather overdone .
Where would I stand in US law if I asked for my money back ?
Mike,
Name some names. Who, what, when, etc.
jb
John ,
I have no wish to cause an upset , the bloke works and resides in the US , if necessaary I shall name names , but at the moment am just needing a bit of advice . How do I stand if I ask for my money back ? Is it reasonable to do so . I paid by credit card through a third party , just to make things awkward . The third party is another US operator who is totally unblemished , I trust him implicitly .
So , any suggestions ?
Facts –
Order —12 months ago ,delivery 90 days ,deposit $350 . Well advertised company . 6 emails so far , each promising 90 day delivery .From today .
Mike,
With the third party credit card in the middle, it makes it a bit ugly. Depending on how your American helper wants to play it…
If the credit card bill has not been paid, he can protest the charge and get it removed if the vendor refuses the refund. If it has already been paid, there is less the credit card company can do to help.
A reputable vendor should understand your frustration with the slipping delivery date and refund your money. Unless you had a written contract, you probably can’t legally force the issue.
This seems to be the norm for new products. Test the market with pre-orders promising a reasonable delivery date, then delay while you collect enough pre-orders to justify production. If you got on board early, the wait can be painful. The lucky ones get on board just as production begins. Happens the same way in my business, new construction of homes. Sucks in both cases.
Jon
It is certainly not uncommon in this industry for things to take much longer than anticipated.
In the US you could go to small claims court to get your money back.
I’d invest in a long distance phone call to the person, and see if you feel he/she is credible, and you accept the situation. Much harder to hide facts in a real time conversation.
If you are not assured at the end of the conversation, then I would let this person know that you want your money back within a week (in your hands), otherwise, you will be forced to reveal the whole story in several forums and anyone who wants to listen to you.
Negative advertising is not worth $350 !! . If he/she does not realize this, than you can at least take comfort that this person will be out of business real soon, bad news travels real fast in this community.
Unless you have to take this drastic step, I’d leave the names private.
Regards, Greg
Jon ,
Thanks , I understand . The vendor is in fact well known , and has exported successfully round the world . I even know that since my order , he has despatched other orders to other people . These orders of course may be pre manufactured ,but are certainly made on the premises .
I think I am being taken advantage of , quite frankly . I wrote genuinely sympathetic letters to the bloke . Perhaps I should have said up front that business is business , but I am not a selfish bugger .
Doesn’t this type of thing just drive you nuts? A person is only as good as his/her word. I think you are reacting proper in giving a chance to provide service, but if the same excuse has been used many times, it is time to turn up the heat. A request for a refund is not mean, unfair or shameful after a reasonable amount of time. It sounds like you have given that. When warning the individual about your intention to mention his name and the situation on these forms. Be sure and give him the web addresses of these sites. He might not think we are as well established at the level of communications as we are. 
Looked for you this AM, I guess you were runninig around, again.
Ric ,
Thanks , mate . Yes , running --in circles as per . I think I shall have to do what has been suggested thus far , ask the bloke for a refund . I am fed up with being the nice guy . Perhaps that’s my problem .
I shall let you know what happens . But , I shall leave it for a couple of days , just in case something comes up .
Like the people who know who he is getting in touch with him , perhaps .
Greg ,
Sad but true . The annoying thing is that I feel that someone has taken advantage of my good nature . That will raise a few sniggers , I bet . Especially among those who never get caught because they are so damn clever .
The fact that the bloke has advertising in a well read magazine , and has had for a long time tends to make you think he is trustworthy .
I have spent well over $5000 on behalf of my son and myself via postal dealings in the USA over the last couple of years , never had a problem . This episode makes me wonder if I shall ever get anything else from the States . By post , that is .
My son is coming to Los Angeles soon to meet his future in-laws . Yes , he has an American Fiancee . So at least he will have the oppurtunity to buy from a shop . He has been put right off getting anything from the US by post .
I wonder sometimes whether people ever see beyond their little world and consider the ultimate result of their actions . Yes , not all Americans are the same , but putting yourself in my position , especially as I am , after all , very naive , what reaction would anyone expect ?
Now that you are bristling with indignation at the slur on your countrymen , read again the bit about the $5000 . A lot of that has been spent since this episode began . Of course I trust people . Just as I expect them to drive on the left in the UK , if we don’t trust , how do we live at all ? So I trusted this bloke . 'Nuff said .
PS Just to set the record straight , this model on order is not a "new " model , I have seen a few of them elsewhere .
Therefore the bloke knows how long it takes to make one . 90 days .
Mike,
It seems that you have been more than patient.
Tell the guy that it is time to piss or get off the pot. either make good on delivery or refund the money and give him a week. Failing that, go ahead and publish the names of the guilty parties.
I grew up in an organization in which loyalty to seniors and juniors was prized above all else. Now that I am no longer in that organization, I find that that sort of loyalty does not exist, and is sneered at. So… no more Mr. Nice Guy. I look out for myself and that is all. You should do the same.
Steve
This hobby is full of well meaning individuals, but sometimes small “manufacturers” get in over their heads. Being persistent, firm, but still polite seems to work most of the time.
Once the relationship gets adversarial, then there’s no going back.
I like to believe in the basic good of people. Of course, that means I might get taken advantage of sometimes, but I normally let it roll of my back. While I’m not in the position that money means nothing to me, I figure if someone has to be dishonest, then their private devils are more painful to them than my monetary loss.
I can always make more money, but my theory is that people of poor character are intrinsically more unhappy than those who are honest and forthright. That’s probably punishment enough. My hobby is to bring enjoyment, and I’m not giong to let one bad apple spoil my fun.
I hope you prevail in correcting this situation, I have a feeling that persistance will pay off.
Regards, Greg
Right , chaps .
Two things happened .
1 my computer has succumbed to the hot weather and runs for about 10 minutes every two hours . Ha bloody ha .
2 The gentleman involved has seen this exchange of views and has said that he could return the money within a
a week ,irrespective of what American law says . I have asked him to do so .
I shall let you know what happens .
Mike
Mike,
a) You must have an unusual computer…or you really need airconditioning at your place.
b) All’s well, that ends well. 
c) Censorship?.. no comment!
Greg Elmassian said:
This hobby is full of well meaning individuals, but sometimes small "manufacturers" get in over their heads. Being persistent, firm, but still polite seems to work most of the time.Once the relationship gets adversarial, then there’s no going back.
I like to believe in the basic good of people. Of course, that means I might get taken advantage of sometimes, but I normally let it roll of my back. While I’m not in the position that money means nothing to me, I figure if someone has to be dishonest, then their private devils are more painful to them than my monetary loss.
I can always make more money, but my theory is that people of poor character are intrinsically more unhappy than those who are honest and forthright. That’s probably punishment enough. My hobby is to bring enjoyment, and I’m not giong to let one bad apple spoil my fun.
I hope you prevail in correcting this situation, I have a feeling that persistance will pay off.
Regards, Greg
Greg, you need to do a search at the other website for RRemote and follow the saga from day one to find out what can go on in LS.
As I understand it many of the customers who paid deposits are still waiting for refunds.
I think it’s safe to post here without adding to some unseen fire.
Mike, if your confuser does that, GENERALLY, but not always, a fan has packed up.
You need someone to look at it, check for both fans (maybe more) operating.
The one in the back may be working, but the one on the drive may not.
Get the box blown out with LP air and make sure the fans are running.
You didn’t happen to buy one of those surplus AirBus computers did you?
Your CPU fan is probably out Mike. The cooling fan for the chip.
Greg, you need to do a search at the other website for RRemote and follow the saga from day one to find out what can go on in LS.
As I understand it many of the customers who paid deposits are still waiting for refunds.
Yeah, every once in awhile I would put a new order in on the website. And when he would respond I would ask where my first one is ! Answer was always next week I will send you one. Been over two yrs now.
Dave ,
I think it’s an unseen fire that’s causing the trouble in the computer . I shall get me lad to get the thing out and look ,thanks for that .
You mean the one that makes the A300 fly into trees ? Yeah , got the A300 to live in too , like a big caravan , but as you would expect , there is a problem . It smells of onions and garlic , and gets huffy with every passing 747 . It also , as per , hates the Brits and keeps letting illegal immigrants through to live here .
With regards to the reason for this post in the first place ,
I have had a message from the chap sayng the money is on its way by personal cheque . Quick work . I’ll let you all know when I get it , and with the chap’s permission , will tell you all what an honest bloke he is .
Mike
Bryan Johnson said:
Greg, you need to do a search at the other website for RRemote and follow the saga from day one to find out what can go on in LS. As I understand it many of the customers who paid deposits are still waiting for refunds. Yeah, every once in awhile I would put a new order in on the website. And when he would respond I would ask where my first one is ! Answer was always next week I will send you one. Been over two yrs now.
Bryan, With that many orders, no wonder the man can’t keep up.
On the 'puter problem; I thought that was a very recently acquired new one???