My name is Eloisa Namvar, we are a salon company based in San Diego , California. I was referred to this site by Detective Fran Foster from Duluth Police Department, who is assisting me with a possible fraud case. Back in December 15, 2005 I ordered 2 spa chairs via e-mail and telephone from a company in Duluth, DBA: Discount Spa Chairs. I officially sent out an official cashier's check for the order on December 23, 2006 in the amount of $9,275.00 with the confirmed guaranty provided by the salesperson Anthony Rowe, that it would definitely arrive by January 20, 2006, because that was our Grand Opening date. Through many e-mails and telephone conversations, I got suspicious because they promised to send me a receipt and a catalog with all their products, but never received it, and started to wonder if that would happen with the spa chairs.
For 2 weeks in January, the company did not respond to me at all, no return phone calls nor e-mail response, and I was supposed to open any day! Finally, they sent me an e-mail telling me that the order is arriving later than expected because they didn't even put the order in until January 17, 2006, knowing that it takes 4 weeks for production and delivery! So how was I supposed to open in 3 days! I was so upset, then immediately called and e-mailed the local Police Dept. Detective Foster managed to get a hold of Anthony Rowe and the owner Yvette Gray, she gave me their phone numbers but they will not pick up with me or return my numerous messages. So as advised by the detective, I wrote a ten day demand for the refund of my money and to cancel the order immediately and do not attempt to ship "Since said goods have not been received as per terms of our order. We have considered you to be in breach of contract and we shall thereupon demand a full refund, reserving such further rights as we have under the Uniform Commercial Code." etc.....(I have copies of all communication when you need it).
Then later I learned from the manufacturer in Canada that this company in Georgia is not a distributor of theirs and they have never heard of them, they told me that they could not find my order because normal procedure is to ship directly to the customer and I was not on the production list! For me that was confirmation that this company was just after my money and never intended to deliver the product. Well the ten days has expired and they did not return my money, so now I'm assuming I have to enter some sort of fraud or civil litigation to try to retrieve that because they deny any possible way of communication, can you assist me in finding a local attorney in Duluth, Det. Foster made me aware that their Discount Spa's attorney has already given her a call about the situation. I need pertinent information on the best way to retrieve our funds, since it would probably be more costly to acquire an attorney to file a suit, maybe a demand letter would be suitable at this time? IS THIS WITHIN THE PARAMETER OF A SMALL CLAIM LAWSUIT? How could I get their physical address to serve them a suit?
san diego, California
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