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  3. 1017799222

I need help with getting monies back

I purchased an amplifier from small amplifier manuf. in Lubbuck TX back in Nov. of 2001 and returned it for a refund in about 20 days of receipt. I shipped it by FedEx 3 day air insured for $2,500, the purchase price. About 5 days later, the owner informed me that he never received the amplifier. I immediately contacted FedEx and they did show delivery confirmation, although they have a release of signature on file so they left the amplifier at door. The owner claims that no release exsists so it was my responsibility to file claim but also stated that in the event that the claim was denied he would pay.

Well, I filed a claim and it was denied in Feb. and then followed up with an appeal which was also denied based on the fact that FedEx maintains that there is a valid release of signature on file.

Two weeks ago he sent a personal check to cover the 2,500 but stated that he needed a large order to come in, in order to cover the funds. I have repeatedly called his bank and they state that there are insufficient funds. What should I do at this point??
I think I have been more than patient in this matter. It is now over 5 months since the return of the amplifier.
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herman
2,256 posts
 
This is a legal question, not a stereo question. You need the advice of an attorney, not an audiophile.
white0fee
1 posts
 
Mr. Xxxxxxxx did return a Llano amp to us, and it did not arrive here. Fed Ex says they delivered it, but the driver is not quite sure about the address. In the past they have delivered to 48th street across town instead of 84th .

In every case it was parts, that had been opened, but they were able to recover them. We removed our signiture on file several years ago just because of this.

But, Mr. Xxxxxxx did everything right and Fed Ex refused to pay, I hate to see anyone loose money over a Llano product so I agreed to pay him. I ask him to hold the check, because our attorney told me to until we could get insurance fraud charges filed on Fed Ex.

What no one seems to see here is the fact that we really did not have to pay Mr. Xxxxxxxx at all. This is Fed Ex's problem, not mine. But, like I said, we have been in tha business 15 years and I hate to see anyone loose money, so I paided him out of our pocket.

The situation now is that Mr. Xxxxxxxx has been paid in full, and basiclly we have purchased the claim from him, and are going full ahead with a suite on Fed Ex for insurance fraud and loss. They are going to have to pay the cliam to us, plus the legal fees. About 6500 bucks. At this time we at LLano will not be shipping with Fed Ex anymore, and I would strongly recommend no one else does. If they loose it, no matter if it is insured, THEY WILL NOT PAY YOU!

Randy White
LLano Design

xxxxx = removed by Audiogon

geddie
27 posts
 

Glad this is getting straightened out! Llanos are wonderful amps, and Randy’s an honest and helpful guy. I think he went the extra mile on this one.
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