MTS Circulation LLC MTS Cashed Check for items purchased, never received items Phoenix, Arizona

In November of 2010 a sales man came to my door claiming to be an independent contractor for the MTS Circulation selling books and magazines door to door.  After reviewing the information available in the catalogue he provided, I decided to make a purchase for a Christmas gift that year.  He told me the items would be delivered by that time.

The Disney Spiderman books were purchased for $40 plus $15 process and handling.  After he left I noticed in fine print that the delivery could take up to 120 days.  I decided after this to be patient and wait for the item to be delivered.

After weeks of waiting beyond the 120 day mark, I contacted them regarding the matter.  I never received any confirmation they received my complaint nor did anyone ever contact me regarding the matter.  After several attempts, and unsuccessful attempts at that I tried calling a number that was available on their web site for people interested in working for them.

There are no other numbers available to contact this company.  Although they appear to be legit, I still have not heard one thing from them.   I have wrote several different letters to BBB and companies inquiring about this matter and still have not received a refund or my items that I had purchased several months ago.

I would like to take legal action if possible also to avoid other people being ripped off by this company.  This is a terrible business who ignores their customers.  They have a customer inquiry section available on their web site but when you put your receipt number in it directs you to a page that cannot be loaded.

I still have the receipt, carbon copy of the check and a bank statement that shows this check was cashed with no delivery confirmation from the office where I live or my mail.  There was also a witness to the purchase and I can confirm the individual who came to my door and basically stole my money so he could go on this "trip" to Austraila. 

Please help me in regards to this matter.  I'm very angry and tired of companies like this taking advantage of people who barely make enough to get by as it is.  I wouldn't have made the purchase but I have a child and wanted to surprise them with a late Christmas gift.