To All Consumers and Franchisees: Regarding Allied Systems Industries aka, Allied Systems, Allied Dollar et al.:
After suffering great mental anguish, anxiety, depression, loss of money and interest please;
Do not do business with Allied Systems before reviewing the following:
In addition to the signed contract w/Allied Systems to build out a dollar store, we included an addendum to our contract stipulating that if we were unable to find a location for our dollar store our money was to be refunded. This was signed by Allied Systems. However, to date Allied has refused to return to us our 10,000.00 deposit plus interest.
Misrepresentation: We requested from Allied Systems phone numbers and address' of any Allied assocated dollar stores in California. We were told that Allied had no stores in California. We were given names and address of stores outside of California.
Omission and Misrepresentation: After signing the contract we discovered, quite by accident, of three stores in California and that one of them had been in business for over 5 years (material breach). We were not given those names and address' and subsequent to our discussions with them discovered that each of those business' had had terrible relations with Allied Systems and that Allied Systems had not lived up to their responsiblities. Had we been supplied with that information we never would have signed a contract with Allied Systems and would never have given them a 10,000 deposit.
Omission and Misrepresentation: We also asked for names and numbers of stores doing business in direct competition with Dollar Tree. Patrick said there were no stores in California doing business with Dollar Tree. Again after the 10,000 deposit was given, we discovered that one store was in direct competition with Dollar Tree (located in California) and that store was going out of business. Again, had we known that we never would have signed the contract or have given Allied Dollar a 10,000 deposit.
Breach of Fiduciary Duty (trust):You personally contacted the owners of Bucksmart in Jackson, California and asked them, for monetary compensation, to act as "singers" for your company. Even though Dollar Tree was driving them out of business. They have documentation to that effect and would be more than happy to be deposed. The names and numbers that were given to us by Allied Dollar I am sure, have received monetary compensation for their statements as well.
Misrepresentation/Breach of Fiduciary Duty (trust)/Breach of Contract: You agreed by signed contract that you would refund our 10,000 if we were unable to find a suitable location. You were told that we live in a small town where finding a location may prove to be difficult. You agreed to return our money.
At NO TIME did we receive any help and/or assistance in finding a location. After contacting several strip malls it became apparent there were few locations available. We decided upon a small, out of the way mall and began negotiations with them. The rental agreement was signed, however 4 months into the agreement the store was never built out, we were lied to by the owners of the strip mall, defrauded of 10,000, and were released from the contract in December because the owners of the strip mall decided that a dollar store was not to their liking and that they preferred something more "upscale" in their neighborhood.
We contacted you in good faith, after this harrowing experience by a letter requesting the return of our money.
Imagine our surprise and shock when you refused to return our deposit (tongue in cheek) and we were told to get a lawyer and that we'd have to sue you in Nevada which is at least a 12 hour drive from our home.
Your answer to our letter requesting our refund was answered thusly:
"While the addendum to the agreement dated April 4, 2002 provides for a refund of our monies in the event a suitable location cannot be found.... It is undisputed that a suitable location was found since you entered into a lease agreement for the operation of your Dollar Store."
Excuse me? The store was never built out - they did not want us in the strip mall - the owners felt a dollar store was too "demeaning" to their area, and you had previously agreed to refund us our money if a suitable location could not be found. Since this was the last place available in our area, there were no other locations to negotiate with. Just because we entered into a lease agreement DOES NOT MEAN IT WAS FULFILLED AND IT WAS CERTAINLY NOT SUITABLE.
You have a moral, legal, and lawful duty to not cause injury. In accordance with the Universal Imperatives, you must not engage in any activity such as extortion, lying, or breach of contract, which would cause an unwanted injury to another. Those Universal Imperatives are codified in the Codes of the Stae of Nevada, i.e., Penal Code, Civil Code, Business and Professions Code.
1. Refused to divulge material facts.
2. Lied about above stated material facts.
3. Lied about status of deposit.
4. Disallowed the use of accurate information.
5. Made false promises about your intent and
6. Took by fraudulent means.
To make restitution you will pay back the 10,000.00 owed along with any penalties and interest deemed suitable for five years.
Dear Mr. Spindel:
This is to confirm our conversation of this morning when you refused to return to us 7,000 of our 10,000 deposit. We have \Louann
Penn Valley, California