Report: #1347778

Complaint Review: Air Parcel Express, Inc.

  • Submitted: Thu, January 05, 2017
  • Updated: Thu, January 05, 2017
  • Reported By: Wayne — Oklahoma USA
  • Air Parcel Express, Inc.

    Miami, Florida
    USA

Show customers why they should trust your business over your competitors...

Air Parcel Express, Inc. has refused to return my money that it obtained over 110 days ago. On September 16, 2016, I wired over $5,000 to Air Parcel Express, Inc. (APX) pursuant to a written quote they gave me to ship a container to Belize. About two hours after sending the wire, APX told me they could not honor the written quote. I asked them to reject my wire transfer or return my money immediately (if the wire transfer had already completed); APX agreed.

My wire transfer did go through to APX, and by early October, my money had still not been returned to me by APX. So, I called APX in early October and spoke with Tatiana and then Virginie Guerra-Mondragon (co-owner of APX). Virginie informed me that she was taking a 5% penalty before returning my money. I told her that I was not liable for any penalty for several reasons, including the fact that her company refused to honor their written quote to me.

After two weeks of arguing with Virginie about the erroneous penalty, she finally agreed that I was not subject to a penalty and set up a schedule to return about half of my money on Oct. 28, 2016, and the other half on Nov. 4, 2016. She represented that the wires to my bank were completed on those dates, but she never wired the money. Virginie went so far as to send me written confirmation of wire transfers on two separate occasions.

I informed Virginie by e-mail that my bank had not received any wires from APX. Virginie (once she finally decided to respond after I e-mailed her several times about this issue) provided excuses as to why the wires did not go through. Virginie's excuses included the following: 1. APX's accountant only works two half-days each week; 2. APX's bank account was hacked on the day one of the wires was supposed to go through; 3. APX didn't have my physical address (although I had given APX my address several times and asked them weeks before the scheduled wire transfers to contact me for any additional information they needed well in advance of the scheduled dates for the wires); 4. APX does not have the money to issue any wires at the moment. How would a company not have any money for 110 days and still be operating outside of bankruptcy?!

It is clear that APX wants to be unjustly enriched by money as they have failed to respond to any of my direct collection attempts over the last month and a half. To date (January 5, 2017)--over 110 days since I wired money to APX--I have not received any refund from APX.

Even if APX were operating on their alleged (and unilteral) 60-to-90 day refund period, I should have received my refund no later than December 15, 2016 (the 90th day after September 16, 2016). APX told BBB that they would refund my money by the end of the 2016 year. That, of course, never happened.

It is outrageous that a company would act in this fraudulent manner and refuse to return my money to me. Please do not use this company for your shipping needs.

Is this Ripoff Report About you?
Ripoff Report A business' first line of defense on the Internet.
If your business is willing to make a commitment to customer satisfaction Click here now..

Does your business have a bad reputation? Fix it the right way. Corporate Advocacy Program™

Set the record straight: Arbitration Program

SEO Reputation Management at its best!

This report was posted on Ripoff Report on 01/05/2017 08:46 AM and is a permanent record located here: http://www.ripoffreport.com/reports/air-parcel-express-inc/miami-florida/air-parcel-express-inc-apx-apx-has-refused-to-return-my-money-to-me-after-over-110-days-1347778. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Report & Rebuttal
Respond to this report!
Also a victim?
Repair Your Reputation!

Updates & Rebuttals

REBUTTALS & REPLIES:
4Author
0Consumer
1Employee/Owner

#1 Author of original report

In an attempt to avoid liability, Air Parcel Express, Inc., Virginie Guerra-Mondragon, and Andres Guerra-Mondragon are now claiming to have transferred all assets to APX Worldwide, Inc.

AUTHOR: Wayne - (United States)

I have dealt with APX (whether it is Air Parcel Express, Inc. and/or APX Worldwide Inc.), Virginie Guerra-Mondragon, and Andres Guerra-Mondragon (Andy) for over one year (since September 2016) to get back my stolen funds plus other damages. It has been a truly horrific experience. They have made misrepresentations and hidden the ball several times in their scheme to keep my funds. While I have received some payments, I still have $1,200 of stolen funds outstanding and have offered to settle all my legal claims for immediate payment of this amount. Air Parcel Express, Inc., APX Worldwide, Inc. (through Virginie and Andy), Virginie, and Andy have refused to follow through on out-of-court settlements and repay my remaining stolen funds. In fact, I have received no substantial payments since May 2017. Virginie represented that she paid funds to me in August ($100) out of her personal account. Virginie also represented and guaranteed that when she sold her house, I would be repaid in full. She sold her house this summer but never followed through on any out-of-court settlements to which we agreed.

Per conversations yesterday, it now appears Andy and Virginie were involved in the formation of an entity called APX Worldwide in September 2016--about the time my funds were stolen by Virginie and Andy. At that time, Andy was a co-owner and CEO of Air Parcel Express, Inc. He maintained these positions until around July 2017. Virginie was the VP and co-owner of that same entity until around that same date, at which time she became the sole owner and officer of Air Parcel Express, Inc. Virginie and Andy have been Vice Presidents of APX Worldwide, Inc. since its formation. When my attorney called the APX entities' new number yesterday to check on the status of my stolen funds, it appeared to be Andy's voice on all extension prompts. He and Virginie both appear to play a prominent role in APX Worldwide, Inc. and are officers in direct or indirect control of that entity.

Virginie also represented as late as August 2017 that APX is/was a going concern. In August 2017, Virginie represented that APX (whether it is Air Parcel Express, Inc. or APX Worldwide, Inc.) was finalizing its budget and she would get back to me with a payment play. I also gave her additional time to get back to me due to Hurricane Irma. In my view, Virginie has acted as an officer of both APX entities towards me with all representations (and misrepresentations) since September 2016. Both APX entities (active corporate entities per Florida Corporations website) provide the same services from the same location with some of the same officers and the same intellectual property, etc. Even their own company website doesn't distinguish between the two APX entities.

Yesterday evening, after my attorney called the APX entities, my attorney and I went on the shipping - worldwide . com / website to see how Andy, Virginie, and the APX entities were now referring to their company name as Air Parcel Express, Inc. or APX Worldwide, Inc.. Their website is a confusing mess and refers to Air Parcel Express, Inc., APX Worldwide, Inc, as well as the generic "APX" as providing the same shipping services from the same physical location involving the same freignt calculator.com, etc. Also, on the Florida Corporations website, Air Parcel Express, Inc. and APX Worldwide, Inc. both appear to show "Active" status and have the same exact business location. During most of this last year, Andy and Virginie were officers in common of these two entities. These companies truly appear to be one in the same providing the same services from the same location with the same intellectual property. In fact, Virginie's and Andy's e-mail addresses for Air Parcel Express, Inc. and APX Worldwide, Inc. never changed. They continue to use the same e-mail addresses, etc. for these companies. The phone number for the APX entities appears to have changed during the last couple of months. But, other than that, Air Parcel Express, Inc. and APX Worldwide, Inc. appear to be used as one in the same with the same generic "APX" abbreviation. Virginie's own e-mail uses this generic APX logo and considering she was Vice President of both corporations during a significant time period involving the theft and fraud I endured, how would I even know what entity I was dealing with as even the own website, etc. refers to them interchangeably. Even the shipping - worldwide . com / website does not distinguish between the APX entities. How could they legitimately distinguish between the two considering they are providing the same services from the same location with some of the same officers and same intellectual property.

Per conversations yesterday, Virginie and Andy appear to now be claiming that they transferred the assets of Air Parcel Express, Inc. to APX Worldwide, Inc. at some point on or after the formation of APX Worldwide, Inc. in September 20, 2016. They refuse to give specific documents or supporting documents to me for this transfer of assets. I was just informed of this alleged asset transfer yesterday, November 17, 2017. Andy told my attorney that he was not liable for any debt to Mr. Tucker because APX Worldwide, Inc. and Air Parcel Express, Inc. have no affiliation and the assets of Air Parcel Express, Inc. were transferred to APX Worldwide, Inc. Andy directed me to contact Virginie to collect any liability for Air Parcel Express, Inc..

What Andy doesn't understand is that it isn't just Air Parcel Express, Inc.'s liabiiity. Air Parcel Express, Inc. and APX Worldwide, Inc. are both entities that appear to be controlled by Andy and Virginie directly or indirectly. Andy has been an officer in APX Worldwide, Inc. since its inception and was apparently involved in its formation. He plays a prominent role in that company. Andy was a co-owner and CEO of Air Parcel Express, Inc. during theft and fraud involving my funds. Virginie was/is an owner and officer of Air Parcel Express, Inc. She has also been a Vice President of APX Worldwide, Inc. since its formation and appears to control directly or indirectly APX Worldwide, Inc. It is outrageous that Andy and Virginie appear to believe that transferring assets from one company controlled by them to another company controlled by them exonerates them from any liability for the theft and fraud of my monies.

Andy and Virginie should look into fraudulent transfers under Florida law, as well as piercing the corporate veil doctrine. Not only are both of these APX companies controlled (directly or indirectly) by Andy and/or Virginie, but these companies are both active Florida corporations providing the same services from the same location with some of the same officers and the same intellectual property. Even the shipping - worldwide . com / uses both APX companies interchangeably.

I have duly informed Virginie and Andy of all matters above with no response yet. No consumer should have to endure what I have endured. Unfortunately, however, from reading recent reviews on BBB, it appears others have endured loss at the hands of Virginie and Andy through similar situations. I have also requested that Virginie and Andy provide me with the contact information for Mr. Anderson Kumon-Gimeses, president of APX Worldwide, Inc. in order to continue my attempts to settle this matter out of court. I have not yet received this information from Virginie and Andy.

Please DO NOT use Air Parcel Express, Inc., APX Worldwide, Inc., Virginie Guerra-Mondragon, or Andres Guerra-Mondragon to provide any shipping services whether it is through shipping - worldwide . com / or any other forum they decide to provide shipping services. My tale should be a cautionary tale to all. Attached to this complaint are some supporting documents.

Respond to this report!

#2 Author of original report

Stolen money, interest, and late fees have still not been paid in full

AUTHOR: - ()

Virginie and Andy Mondragon (owners at APX) stole over $5,000 from me in September 2016. Virginie and Andy Mondragon at APX have still failed to return my stolen funds in full, plus interest and late fees.

Virginie has set up multiple payment plans to settle my civil theft and fraud claims out of court, but she has failed to make timely payments according to these schesules. Virginie and Andy at APX have continued to deprive me of my property through several intentional misrepresentations and outrageous behavior.

Pursuant to Florida law, I am due three times the amount of stolen funds, plus attorney's fees and court costs. I had agreed to settle my civil theft and fraud claims out of court, but Virginie and Andy failed to abide by the settlement terms and payment plans.

I have sent several e-mails to Virginie and Andy over the last two weeks with no response. It appears the only way forward may be to sue Virginie, Andy, and APX for civil theft and fraud. Additionally, I may file a police report against Virgine and Andy for criminal theft and fraud.

Please STAY AWAY from this company and do not give them your money for any reason. It has cost me much time, money, and effort dealing with Virginie and Andy. I have been the victim of theft and fraud at their hands. They seem to have no remorse for what they have done . . .

 

 

Respond to this report!

#3 Author of original report

Still no refund . . .

AUTHOR: - ()

During the last week and a half, Virginie at APX proposed another refund schedule that called for a series of payments to be wired to me during January through March 2017. I told Virginie that I am due interest fees at this point, and she agreed to the interest rate I proposed. Afterwards, I agreed to her proposed refund schedule but added interest fees. I also informed Virginie that missed payments would incur late fees as my refund is more than 125 days overdue at this point. APX was supposed to wire my first payment on Friday, January 20, 2017. I e-mailed Virginie new bank wiring instructions on Thursday, January 19, 2017, with no response. I e-mailed Virginie on Friday, January 20, 2017, to check the status of my refund. I have not yet received a response from her. My bank did not receive the scheduled wire on Friday, January 20, 2017. I have given this company opportunity after opportunity to do what is right without yet involving the court system. I have bills to pay, too. This is outrageous once again that they refuse to refund my money as promised.

Respond to this report!

#4 Author of original report

Complainant's Response to Rebuttal by Owner of APX

AUTHOR: - ()

APX, you state in your rebuttal to my original complaint that you have agreed a refund is in order and that it would be sent to me. Despite your assurances that I would receive my money months ago, you have continually failed to return my money for over 110 days (Sept. 16, 2016 to today--January 6, 2017). Case in point, Virginie and APX assured me in writing that APX would return half of money on October 28, 2016, and the remaining half on November 4, 2016. Your company and Virginie went so far as to misrepresent that APX had made wire transfers to me on these dates.

When I told Virginie and APX that the alleged wire transfers were not received by my bank, Virginie and APX proffered several excuses as to why the wire transfers were not indeed made, including (but not limited to) the following excuses: 1. APX's accountant works only twice a week for half days; 2. APX's bank account was allegedly hacked on the day one of the wire transfers was purportedly made; 3. APX did not have my physical mailing address (although I had given it to APX several times); 4. APX has not had/does not have any money from which to issue my refund (this excuse begs the question: why would a hacker hack a bank account with no money). The most baffling of these excuses is that your company does not have/has not had the money to refund my almost $6,000 for over 110 days. How is APX continuing to operate outside of bankrupcty if APX does not have any money from which to issue my refund?!

I sent many e-mails to Virginie and APX in November and December 2016 attempting to collect my money. APX did not respond except to state again that when APX had money, I would receive my refund. Again, how is APX continuing to operate outside of bankruptcy if APX does not have any money from which to issue my refund?! I even went to BBB to file a complaint against APX regarding APX's failure to return my money. APX responded to BBB, stating that APX would issue my refund to me before the end of the year 2016. APX, however, did not issue my refund to me before the end of the year 2016. In fact, it is now January 6, 2017, and APX has still not returned my money.

Please tell me APX, when are you planning to return my money? You should return my money today--January 6, 2017. I have been quite patient with APX and APX's failure to return my money for over 110 days, especially in light of the fact that I have been on the receiving end of APX's habitual, intentional misrepresentations regarding the status of my refund.

 

Respond to this report!

#5 REBUTTAL Owner of company

Full refund is in order as promised

AUTHOR: Ceoapx - (USA)

We have agreed that a full refund is in order and that it would be sent to you.  

Respond to this report!
Ripoff Report Recommends
ZipBooks Accounting Software

Advertisers above have met our
strict standards for business conduct.