Cor`s Problem

Ron ! · Post by **Ron !** » 1 Nov 2004 1:52 am

Crowbear

I think that is not a good idea.It could be to crowded because everybody has something else to say about this.
And IMO if we do this there will be to much new topic's started.
There are a few people that are busy with this.I think that we should let this people do what ever they can to solve this matter.

my two cents

Ron

Nikaro SD10 4x6

Cor Muizer Jr · Post by **Cor Muizer Jr** » 1 Nov 2004 8:10 am

well i don't know anymore by now,
it seems to me they stole my money,come up several times with another rule or story first we didn't received than after it we can't pay cor back because of policy.

in my mind this is absolutly rediculous.
i don't have a word for this.

and they won't comunicate with me,not by phone not by email and not by mail like a letter or so. even they didn't responde on the three letters they got from the attorney general.

and if there wasn't a problem at all there
i think they will responde through they attorney general.

cor

[This message was edited by Cor Muizer Jr on 01 November 2004 at 08:41 AM.]

Terry Edwards · Post by **Terry Edwards** » 1 Nov 2004 6:26 pm

When and where is the next big steel show? ...and the next one after that?

I think it most appropriate for all concerned to visit the Emmons Guitar booth and enquire about Cor's situation.

t

Cor Muizer Jr · Post by **Cor Muizer Jr** » 1 Nov 2004 11:11 pm

yes Terry that should be work properly if the lashley's didn't come up with another story to tell.

and not one person but a couple of hundred.

go in there booth and ask give Cor his money back
just to let them know a lot of people know the situation.

cor[This message was edited by Cor Muizer Jr on 01 November 2004 at 11:12 PM.][This message was edited by Cor Muizer Jr on 01 November 2004 at 11:18 PM.]

Cor Muizer Jr · Post by **Cor Muizer Jr** » 2 Nov 2004 1:18 pm

^^^^^^^BUMP IT UP^^^^^^^^

Richard Sinkler · Post by **Richard Sinkler** » 2 Nov 2004 6:28 pm

I was at my attorney's office today for my worker's comp / disability claim and showed him this thread (I printed it out). He used to be a corporate attorney. Although he said he would never touch this case, he says his fee would probably be a $2000.00 retainer and $225/hr after that is used up. But, he did say some interesting things.

1. Better Business Bureau? (he actually chuckled at this one). If the company is not a member of the Better Business Bureau, they can't and won't do anything for you.

2. He was shocked that the Attorney General's office was getting involved for this amount. Cor should consider himself lucky.

3. His impression is that Emmons is not necessarily considering bankruptcy, and that this is their reason for silence. He thinks they are operating on a "Peter-Pay-Paul" budget and just don't have the cash.

4. He doesn't think that they hired an attorney and have been advised not to say anything public based on their advice. After all, wouldn't it be better to pay Cor his $4500 and save thier reputation than to spend a few grand on an attorney and most likely still have to pay him after they lost the case? The attorney admits that he does not (and never has) dealt with small claims court (you don't use attorneys) and does not know if someone other than Cor can appear in his behalf.

5. When you send a deposit or full payment on an item, the two parties have entered into a contract. Any company policies that were in effect AT THE TIME they entered this contract are enforcable. But, the company can not form new policies and apply them to a contract that was entered into prior to the policy change.

His word of advice: Get stuff in writing if there is a substantial amount of money involved. Ask for a printed copy of any policies, cancellation fees, etc, with a receipt when you pay them your down payment or full payment. You should ask what the policies are when speaking to the company prior to purchase. Generally speaking, if the company does not have written policies at the time of the deal, then it is assumed, legally, that they have no policies.

------------------
Carter D10 9p/10k, NV400

John Davis · Post by **John Davis** » 3 Nov 2004 10:21 am

Richard thanks for your post it is most enlightning good to have a legal brain looking at the problem and certainly explains why my best efforts have been in vain.
Even if the Emmons Co has got away with Cor`s money, I am sure the adverse publicity this has caused will cost them more in the end if they don`t put it right!!

Cor Muizer Jr · Post by **Cor Muizer Jr** » 3 Nov 2004 11:29 am

hey john,
great your here and ofcourse Richard
thanks you so much but i ask john what does it means for my problem with them
are they gone with the money or is there some future for me to get what belongs to me?

cor

John Davis · Post by **John Davis** » 4 Nov 2004 8:15 am

Cor, What Richard is saying is you have two chances, Slim, and none at all!!!!!!!!! and from my efforts I have drawn the same conclusion. Unless the Emmons Company decides to make it right with you! (small chance if they will not even speak to you!)
I still think my original idea was the best way forward but if the other forumites did not want to implement it, then there is nothing to be done!
At least anyone reading this thread can see we have explored every avenue IMHO.

David L. Donald · Post by **David L. Donald** » 4 Nov 2004 8:34 am

The best shot is Small Claims Court in the Emmons / Lashley Co. jurisdiction.

Specific OFFICIAL website for the Lashleys zipcode
http://www.nccourts.org/Courts/Trial/SClaims/Default.asp

with translators provided http://www.nccourts.org/Citizens/CPrograms/Foreign/Default.asp

The legal aid societies advice page http://www.legalaidnc.org/publications/SmallClaimsCourt/SmClaims-FRAME.htm

No lawyers needed, just your paperwork and someone who can speak clearly in english. (see translators info above)

I have had good luck in these courts in the past.
A good logical argument ,backed up by factual documents, will usually win the day.

If you have some accident scar photos, and medical documents pertaining to your decision to cancel the order for physical disability reasons, these will also be helpful.

The draw back in this case is needing to be there in person....

But come winter flights from Amsterdam Shiphol to NYC are around $400, and to N. Carolina a $100 more.

So add in a hotel and food for 3 or 4 days,
you could likely go home after a short Carolina vacation
with $3-4,000 in your pocket. Keep ALL your receipts for travel and bring to court.

Everything you need to know about a law suit for recompensation under $5000 in North Carolina is in the links above.
And you might even get your airplane fees and travel costs reimbursed too..

It is possible, a judge would not look too kindly on a company that forced someone to fly from europe to get compensation.

And I don't hink many judges would buy the reasons stated above to not give a refund...

If you are prepared to do this, who ever has made the decisions to not pay you, should really start to be worried.

The Lashley's may be taking from Peter to pay Paul, but I doubt they will EVER be taking from David to pay anyone.
At this point even if I wanted a LaGrande, I wouldn't leave a deposit with them....[This message was edited by David L. Donald on 04 November 2004 at 09:07 AM.]

Klaus Caprani · Post by **Klaus Caprani** » 4 Nov 2004 8:57 am

You're truly a great bunch of helpful people. It's appalling (spelling??) that a company known for their first class products will risk their credibility by putting a disabled man through this for 4500$
Simply disgusting!

------------------
Klaus Caprani

MCI RangeXpander S-10 3x4
www.klauscaprani.com

Brian Henry · Post by **Brian Henry** » 4 Nov 2004 9:33 am

Cor, This is the way to go. I have seen return flights on expedia.com for $350 I myself will be going from Atlanta to Zurich round trip over thanksgiving for $385.00

Jim Phelps · Post by **Jim Phelps** » 4 Nov 2004 2:39 pm

.[This message was edited by Jim Phelps on 17 November 2004 at 07:07 PM.]

Fred Jack · Post by **Fred Jack** » 4 Nov 2004 4:19 pm

Calm down Jim ... Lets see ... if we give (forumites) Cor his money back then we have essentially given Lashley $4,500.
I won't give a dime to bail out Lashley but I would contribute to something else.It just came to me. How about a fund to get Cor over here for a week or whatever it takes.There are details that would have to be worked out but I think that we could do it corporately.And as pointed out above he might get his costs reimbursed if he wins. First he has to win judgement and then collect.He might win and they could still file and beat it.Just a thought! Regards, Fred

Jim Phelps · Post by **Jim Phelps** » 4 Nov 2004 5:12 pm

.[This message was edited by Jim Phelps on 17 November 2004 at 07:07 PM.]

Fred Jack · Post by **Fred Jack** » 4 Nov 2004 6:57 pm

Any one else see a possibility here? Lets hear from all. Fred

Farris Currie · Post by **Farris Currie** » 4 Nov 2004 7:20 pm

Hate will get no where!fred i looked back at one of your earlier statements,you said you personaly would like to see the lashleys fold.and let the flames begin. up to you,but i personaly do not have a dime to put in to something with that kind of attitude!not right to hate like that.mabe you have been made mad,or something!i don't know.Go ahead,do your thing!just remember hate will not help a thing!!!!!! farris

Brian Henry · Post by **Brian Henry** » 4 Nov 2004 7:34 pm

Farris, Are we not suppose to hate evil and love good??

Post by **Joey Ace** » 4 Nov 2004 7:39 pm

I would advise against spending more money to attend Small Claims Court. You may win a judgement, but collecting the money is another matter. There's a good chance you'll go home with nothing but a legal paper saying you won.

Farris Currie · Post by **Farris Currie** » 4 Nov 2004 7:55 pm

tb,and joey,i meant noharm at all.just don't see the hate wishing there doors were closed,and let the flames begin!thats not right.i would like to see right done,yes.i doubt very seriously that there is any money to be had.but this thread is causing so much conflict between forum members.i looked back at all 7 collems,same old stuff,no answers.i wish this thread could be closed!!i know many may want to jump on me but,i think its causing so much bitterness between each other.and thats not going to fix a thing.GOD BLESS ALL farris

Randy Wade · Post by **Randy Wade** » 4 Nov 2004 10:15 pm

Cor, You might want to try filing a complaint with the Better Business Bureau at www.greensboro.bbb.org They have been known to get results in cases like yours.

Fred Jack · Post by **Fred Jack** » 5 Nov 2004 12:43 am

Farrus, I can't argue with your intelligence.Its just too much for me!

David L. Donald · Post by **David L. Donald** » 5 Nov 2004 12:53 am

The sherif should eventually collect the money from a small claims court judgment.

It might be at the time, or it might take awhile.
If you DON'T file and make the court date, you are DEFINITELY out $4,500
If you do file, you then have a reasonable chance to eventually get recompensated.

But being in default of a court judgment is a serious thing.

If we chip in to help with travel expenses, this seems reasonable.
It is not giving anything to " the dark side", but adding power to the light.

IF The Lashley Co. ( I hate calling them Emmons, out of respect for Big E.)
ignores this judgement, and continues to stiff Cor, and by extension the court.,
It will be a VERY clear indication of this company's moral compass,
and will no doubt be reported here in detail.

And even if i LOVED their steels as no other,
I wouldn't want to buy one, because of this.
Lack of trust and dislike of them kicking some one when the're down.
Do I hate them and wnat them to go under.. no,
but I WOULD like "dawn to break over marble head."

In a small market that is well connected and has a serious grapevine,
you can't expect to stay in business stiffing customers.
It is monumentally poor business sense.

It seems infintely better to just pay and be done with it.

Fred Jack · Post by **Fred Jack** » 5 Nov 2004 1:00 am

I don't have time to hate anyone or anything.That is just to big a load to carry.I do get upset when corporate America gives the little guy the shaft!Farris,that means hate and anger weights me down and I cannot function under those conditions.I also do not like it when an individual is stiffed by big companies who know full well that their chance of getting into court are slim to nothing.I can't break this down any further. Fred Jack

John Davis · Post by **John Davis** » 5 Nov 2004 6:15 am

Jim I am sorry to be trying your patience so much, so far I seem to have upset you and Farris, is there anybody else that I am upsetting ?? if so would you please speak up now so that I can apologise to you all together?
By the same token, if there is anybody out there that does`ent find me offensive and pushy, it would be nice to here from you too?

Re. Cor did`ent want my idea………. It seems to me the polite thing to do to refuse help when offered, especially if it may feel like charity, people sometimes feel a little overwhelmed to find that there are others out there that would help them. I don`t know if this is the case with Cor, all I know is a little help is worth a lot of sympathy.

Re. My being Pushy, Does that include stirring things up, asking questions, trying to help someone that is being shafted ? OK if that’s the case then I put my hands up, I must be pushy!

Re. Timing is everything????? How long do we have to wait?
On one point I am absolutely in agreement with Farris I too would love to see this thread closed and the Emmons Company prosper…….. But not until they have made things right with Cor!!

I think sympathy and apathy are close companions, there is no soapbox here and I am not shouting, just trying to be heard.

I would also mention that Cor has called me twice from Rotterdam on my mobile and thanked me for what little help and support I have been able to give .