Magnepan MGCC1 & shysters


Back in April, I sent some guy $600 USD for a virtually new Magnepan MGCC1 in oak/white. Since then, I've gotten nothing (except a lot of broken promises). I have urgently requested a refund many times since September 8th since I was getting laid-off and the fellow didn't know if he'd be able to deliver the speaker. Well, many different promised dates to send out that refund have come and gone and I still have nothing.

This person is located in Canada and payment was sent via USPS International Priority Mail (I have a dated receipt). Any ideas to put an end to the hollow promises and get my money back??? This fellow claims to develop the Magnepan website and be an attorney in Canada. Do I pressure Magnepan? Do I file a complaint with the Legal Society of Upper Canada? Do I file a mail fraud complaint with the USPS? All of the above?? Something else???
irish_george
George you are most patent.

I am certain that Lawyers are held to as high a standard in Canada as in the USA. If they are called before their "professional review board" with proof of illegal activity, they may be barred from practicing law.

Hopefully Cornfed, who is an expert on law, will see this thread and advise you as to the proper routes and wording. I assume a certified or registered letter to the seller advising him of your intent to take this to the next level would be a start.

This seller must protect his reputation in order to continue practicing law. His honesty and reputation are judged by his actions both in public and private transaction.
Being Canadian I'm taking this personally! Its hard enough to get those of you who reside south of the 49th parallel to do business with us "Canucks"as it is!

Was this deal set-up through Audiogon and if so have you contacted them to assist in the resolution of this sale? Where abouts in Canada does this guy reside? I think you have examined a few paths to take and maybe there are more as Albert has alluded to (Kelly's contribution pending...).
I think this situation has drawn out far long enough for one to lose their patience and take it to the next level. I am not sure what the USPS can do after it leaves the country but as it was registered for his signature upon delivery, Canada Post is now involved and maybe they can help - www.canadapost.ca might provide some information that may assist you. Do not let this person go nameless to the members here. If he has done "business" here before then he is a member and others should be aware of his past practices. No slight to the legal community but I've never run into a lawyer yet who was in a position that he had to "steal" $600 from an audiophile...
If he/she claims to be an attorney, I know in the USA you can complain to the appropriate attorney disiciplinary board, i.e. the state bar where the attorney is registered. Attorneys are held to a higher standard when dealing with ordinary people and should not use their knowledge of the law to rip you off. I would suggest researching this and telling him/her you will be filing a complaint as he/she is committing fraud (meaning lying) and either larcenary and/or conversion (meaning theft of your money). I wish I knew about Canadian law but I don't. I know about US law but not this area.
Some of the advice you're being given is just silly. Grievance committees(lawyer licensing review boards) are not for recovering money on commercial transactions. Rather, they are for the purpose of censure and disbarment concerning illegal and improper professional behavior.
Such advice is a clear attempt to misuse a bigger club in order to gain an advantage, and will be perceived as such. Unless the "Attorney" was making the sale in the ordinary practice of law, acting as a lawyer, they will surely tell you to sue him or contact the proper police department, if you wish to charge him with theft and fraud, which is precisely what you should do.

I think you're screwed! International purchase doesn't look good for recovery of $600. Bad decision. I feel badly for you. You placed yourself in the position of no recourse and no fallback position.

As a landlord I try to always remember... better an empty apartment than a bad tenant. All I lose is the rent, not the legal fees to vacate and the property damage.

Now, if you have a verry big friend who lives nearby this neanderthal...

Best wishes,

Bill E.