Hi California lawyers:
How does a Canadian resident file a small claims suit for excess billing by a California dealer on a model train purchase?
Thank you,
Norman
Norm,
A lawyer will charge you an average of $300.00 per hour for his/her work.
Unless you have a vendetta and it doesn’t matter how
much you want to spend to recover your overcosts to this dealer, you might want to just eat the overcharge.
If you paid by credit card, you may be able contest it with the card company.
Hi John:
I was ripped off to the amount of 350.00. Needless to say, THAT mail order dealer is toast, history, gonezo. This is the second dishonest train dealer I have encountered over the past two years. In a market of dwindling train sales, one would think that these train dealers would want to hold onto their repeat clients. Even more distressing is to encounter such repulsive and dishonest behaviour from a model train dealer of all things!
Fortunately, I still have two reputable train dealers with whom I can continue to deal with.
Norman
Norman,
if same company as a previous posting regarding a particular hobby store, then been there done that. New ownership and management, same old story - pay the money up front with no supply. Basically wear it. If the company is in receivership or suffering cash flow problems then they are still listed and operating.
You state 'excess billing'. Do you mean that they billed you an additional $350.00 for an item not ordered, or received, or are you stating the item was ordered and paid for and not received? If the same company, then they simply ignored my emails requesting information on the paid for items.
In Australia, one can go to the local courthouse and take out a small claims suit against the seller. If the store is suffering cash problems then you are last on the list of creditors and if lucky, may get five cents in the dollar back. Tale a deep breath and relax and forget about it. Good money chasing bad.
I had a very well know eastcoast dealer who billed me $816.00 for a $168.00 invoice. I was not aware until several weeks later when my card was declined as overdrawn. I knew that sufficient money was available. When I received my card statement, I noticed the problem immediately with the incorrect billing amount. Of cause the seller corrected the billed amount and refunded the overdrawn amount within 24 hours. Alas, by then I had gotten my card supplier involved and it then took another three months to sort out the issue. Someone had inadvertently typed the invoice billing out of sequence, $168.00 becoming $816.00.Norm what dealer is this. Might be good info for us to know and another way to stick it to the dealer. Like John said a lawyer will charge a lot and it wont be worth it. You can try a small claims or call I think is the better business something. Cant you call you credit card co. and tell them you where overcharged? Please let us know what company did this.
The easiest way to handle is to dispute the charge on your credit card. Just call them up and open a dispute. Its why I use AMEX to pay for any purchase as they are the best in helping you resolve isues. Did you know that as part of your card you get a insurance for all things bought if it comes to you broken or damaged?
All my purchases through Paypal are paid through my AMEX so I am covered 3x
I would like to know the name of the dealer too. If people have problems with them I don’t want to lose my money as well.
If you simply tell the truth you can’t be sued if that’s what you’re afraid of.
One of the best things you can do about all this is spill the guy’s I.D.
I’ll practise what I preach here: I had a rotten experience with Wholesale Trains in Horseheads New York.
So there. Cost me about $200 and I got nothing.
Go for it Norman - ain’t that what social media is all about - keeping 'em honest?
Fairly long story, but they’ll get no more biz from me, unless all of a sudden after 5-6 years they decide to do the right thing finally, which I invited them to do and no reply…
John Le Forestier said:
If you simply tell the truth you can't be sued if that's what you're afraid of. One of the best things you can do about all this is spill the guy's I.D.I’ll practise what I preach here: I had a rotten experience with Wholesale Trains in Horseheads New York.
So there. Cost me about $200 and I got nothing.
Go for it Norman - ain’t that what social media is all about - keeping 'em honest?
Fairly long story, but they’ll get no more biz from me, unless all of a sudden after 5-6 years they decide to do the right thing finally, which I invited them to do and no reply…
Its funny John but I order most of my stuff from wholesales (after Ridge Rd went out) and I have never had a problem. I always got great service from them plus overall they have the best prices.
I wish I could say the same…
Tim Brien said:I would not be suprised if this company is repeating its financial tales of woe. Possibly referring to this store , the subject of an enquiry by Randy Mcdonald a few days ago. Posting is currently the last topic on page 1 of 'General Discussion' forum. Randy is getting the same treatment that I got. I was lucky that new management honoured existing accounts that were paid for but not delivered on, otherwise I would be quite a few dollars out of pocket. Once bitten, twice shy!
Norman, if same company as a previous posting regarding a particular hobby store, then been there done that. New ownership and management, same old story - pay the money up front with no supply.
Hi Guys:
The situation is this:
I ordered a limited edition loco from dealer A.
I paid dealer A in full for the limited edited loco, months in advance, with a combination of traded in items and money.
Then actual photos of this limited edition loco appeared on the web by the mfg.
So now I wanted a different roadname. But this different roadname was sold out.
This sold out roadname was available from dealer B.
Dealer B said “OK, pay me the full dealer commission and I will let dealer A visit the train mfg to pick up and ship the limited sold out edition loco to you”
I spoke with dealer A who ageed to pick up the limited edition loco, with the rest of his store order, and mail it to me. As I did not want to pay the dealer commission twice, I asked dealer A “what about the dealer commission?”
Dealer A replied " we will worry about that later "
As I had bought a lot of trains from dealer A, I trusted dealer A.
I have bought a lot of trains from dealer A and many trains from dealer B.
Dealer B has since replied that I have not bought that many trains from him! So I guess it is OK to abuse me then?
Dealer A now refuses to reply to my emails nor answer his call display telephone. So I guess it is now only me who is left " to worry about that later!"
Who is dealer A and who is dealer B ? These two clowns have already abused me enough. I cannot reveal their identity as I don’t need some American style lawsuit for which I would have to fly down to California !
I will say this. TrainWorld and G Scale Junction (both previous and present owner) are two excellent train dealers who have always treated me correctly and fairly. RidgeRoadStation was also great.
USA Trains was also reputable.
So if you want three reputable train retailers to deal with, try those three.
Nicholas Smith was also good to me on the one train order I did with them. I have not tried as of yet RLD Hobbies.
I have contacted the train mfg as to the behaviour of these two distributors of theirs. “Not their responsability” , was the reply.
I really thought that a high end brass locomotive mfg would care as to how their distributors treated their end customer.
I am going to really have to think long and hard before I buy another brass loco from this high end brass locomotive mfg.
Norman
Norman,
I just looked up the ‘authorised’ dealers for a particular brass manufacturer in a particular state. I know one of the dealers that could be a possibility. The list includes many respectable dealers known on this site and on the other site, so narrowing down the ‘suspects’ from the rest, is not too difficult. One dealer I would not touch with a barge pole, but others on the list, I have dealt with many times and thoroughly endorse them for impeccable service. The other involved is not known to me and may or may not be on the list.
When Ridge Road closed down, many turned to RLD Hobbies. Robbie has an impeccable reputation and is the favoured dealer for many, both here and on MLS. For LGB, I recommend Onlytrains in Ohio (?). The dealer, Tom Larsen (?) is a true gentleman. He also sells Piko and I believe Bachmann, USA Trains and Aristo (but do not hold me on the last few manufacturers).Only Trains is in Minnesota…20 minutes from my house. Tom is without a doubt one of the nicest Gentleman I have ever met.
I would add Kidman Tree Farms to the list as well. They are not only in Iowa but a forum sponsor as well. I have had nothing but great service there (Even refunded a shipping overage charge of less than two bucks without asking…and I would not have asked).
The only train manufacturer I can think of in California is Accucraft. Its also the only brass builder around there unless of course you are in another scale? No real mention as you are so vauge. As to the dealer he should be known as to help others not get taken in the future also. As to the sale it seems that you should of worked directly with dealer B as they charged you full price anyway. Dealer A was expected to drive and pick up an engine, mail it to you and all for free?
Tim Brien said:Thanks for the heads up, Tim. It's better to have the outfit named straight up than to not be sure which one is the culprit in any given situation. Then we're left guessing - so all the good guys come under suspicion too.
...Posting is currently the last topic on page 1 of 'General Discussion' forum. Randy is getting the same treatment that I got. I was lucky that new management honoured existing accounts that were paid for but not delivered on, otherwise I would be quite a few dollars out of pocket. Once bitten, twice shy!
That 's no good at all.
Now at this point, though, I’m a little confused: does Internet Trains have new trustworthy owners & are they now OK to deal with, or is the company repeating the sins of the past? I THINK that’s the issue here… 
different posts seem to be saying different things…
I have reported elsewhere here that I had a bad experience with Wholesale Trains in Horseheads in New York, and this remains unresolved after six years. Well over $200.00, no merchandise, and no effort on their part to return communication or make things right. It may be a communication glitch, but on their part not mine.
The way they dipped into my credit card, I have no choice but to consider them dishonest. Meanwhile, I’ve had very good results with Trainworld, The Favourite Place, Micro-Mark, Al Kramer, (operates as San Val, Ana Kramer, EZ Roll, and lately I think Discount Trains) and many, many honest E-Bay sellers on three continents.
Again, Tim, thanks for your post.
Mark V said:Mike and Renee Kidman are very fine people. Mike is one of my go to dealers If I need something that nobody has, Mike will do everything he can to find it and get it to me.
I would add Kidman Tree Farms to the list as well. They are not only in Iowa but a forum sponsor as well. I have had nothing but great service there (Even refunded a shipping overage charge of less than two bucks without asking...and I would not have asked).
Rodney
I really dislike posts that are so vague about who the dealer is. Come right out and SAY IT! You are hurting the very good dealers here in California who ARE honest! This “quilt by association” is NOT good!