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Old 10-02-2006, 08:51 PM   #1
mazzster
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Has anyone had any dealings with the above company? They are based in Miami, and as with many of the other threads on this page were selling (and still are supposedly selling) Apple iPods.

I placed an order back in June 05, and after talking to the main guy Elio Mella on the phone several times (every time I called someone picked up), I checked on BBB, and although they didn't have a long history, it showed they were a registered business (part of Advanced Recovery Systems), decided they were kosher & wired money to him as agreed.

I received one phone call 2 weeks later advising half my order was on its way (which I never received, then saw them advertising as available stock), and have heard nothing since. In the meantime they have ignored me, the Miami Consumer Services Dept, and now the BBB.

A letter from a lawyer back in October did provoke a response that they were hurt about my complaint blabla rubbish, and guaranteeing delivery before Xmas or a full refund. Neither of these happened, and again they are back to ignoring me. I am reluctant to use legal action, partly as it's hugely expensive, but also as I'm already lots of cash down, don't wanna throw more money in with no guarantee I'll get anything back!

Anyone had any dealings with this company? Any recommendations on what to do now?

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Old 10-02-2006, 08:57 PM   #2
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How much did you wire them? You can try suing them without an attorney in small claims court if its a smaller amount. Other than that, you should contact the FL AG office and file a compliant - also with the local police in Miami. But unless there are enough complaints and/or the dollar amount is significant nothing will be done.

Chalk this up to experience if you don't get your money back.

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Old 10-02-2006, 09:12 PM   #3
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Cheers for your reply.

I wired $13,500 (a lot for me, but I appreciate not huge by many company's standards), and I understand the limit for the small claims court is $5,000 as I did look into that possibility around 6 months ago.

They appear to still be trading, although they have now setup "Consumer Electronics Depot II" which concerns me as perhaps the reason for that is the original going insolvent. Apparently though the original CED is still around.

They have very recently put up some new items on eBay, an example of which is below:
See: http://cgi.ebay.com/Apple-iPod-Shuff...QQcmdZViewItem

If they actually have as many of the above as they claim, they could fulfil my order immediately if they wished (100 x 512Mb shuffles & 100 x 1Gb shuffles)

I've certainly gained a lot of experience from this sorry affair, but I'm keen to pursue this further.

Can you please expand on FL AG officer and local police in Miami? Read the below for further details on who I have complained to, unsure if they're the same.

I have filed a complaint with both Miami Dade County Consumer Services Department (in around August last year, they initially had some response, largely lies, but then were ignored) and the BBB at the beginning of this year (who received no reply at all)

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Old 10-02-2006, 09:54 PM   #4
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First call the Miami-Dade police at (305) 4-POLICE. Ask to report a fraud. File a complaint.

Second call the Florida Attorney Generals office at 850-414-3300. Tell them you want to report a fraud.

Give them all of the details and tell them you have proof of sending funds. Do not act hysterical or angry. Keep it very businesslike. Ask them when you might follow up with them.

You will probably deal first with the police. A detective may be assigned to you.

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Old 10-02-2006, 10:50 PM   #5
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That's great thanks, I'll give that a go next.

If anyone has had any personal dealings with them then please post here.

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Old 10-02-2006, 11:48 PM   #6
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Quote:
Originally Posted by mazzster
That's great thanks, I'll give that a go next.

If anyone has had any personal dealings with them then please post here.
They are still trading given the info you have supplied, i would sue them, you will get your money back as its not like they have ran off, they are just ignoring you.

Contact them through ebay i will too if you want and put a link to here in your post, might get them to do something.

Either way 13k is a lot of cash mate, don't sit on the fence.


Last edited by Dave Hybrid; 10-02-2006 at 11:51 PM..
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Old 11-02-2006, 01:39 AM   #7
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Yeh might be a good idea to take legal action seeing you placed your order last june!

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Old 11-02-2006, 10:37 AM   #8
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Hmmm... yeah, the main problem with legal action it that it's so expensive, and I did try a while back to find someone who would do it on a "no win, no fee" basis, but couldn't find anyone.

I paid a UK lawyer £470 upfront, and for that they wrote a letter (this was back in October) which received a prompt reply saying "blabla.......back orders.....will have goods before Xmas or full refund......blabla" So I was pretty chuffed at the time. When no further contact was made the lawyer said "Oh, I thought he'd pay". £470 for one letter with no follow up...!

The lawyer now wants £3,000 up front to commence full legal proceedings, which quite possibly is a reasonable amount for the work needed, but I realise the lawyer doesn't give a ***** about me & there's nothing to stop him taking my money, twiddling his thumbs for a couple of weeks then saying "sorry, still couldn't get your money back". I almost think lawyers are as bad as the scammers, take your money, and you don't get anything in return!

If anyone knows of a lawyer who will take the case on as "no win no fee" then please let me know. I have full proof of everything, so provided the company hasn't gone insolvent, I can't see how the case can lose. I have also heard conflicting stories as to whether "damages" can be recovered in the state of Florida, as it has been 8 months, some compensation for all the phone calls, lost interest, and legal fees to date would easily tip it over $15,000, without any less tangible issues like loss of earnings!

I have used the "contact seller" option on eBay, and am currently hoping they will realise they can run but cannot hide, and hence that it's probably worth delivering/refunding to stop me annoying them... if not, then hopefully Hybrid Imports and maybe some others can give them some grief too!

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Old 11-02-2006, 12:06 PM   #9
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Hi yes there are many lawyers out there who just do the necessary work for the money you paid and then say thats all I can Do! My dad company in Aus has a no win no fee policy but that really wouldnt help because he isnt an international Lawyer! International Lawyers do cost a fair bit of money too. I wish their was more to do so I could help you out! PM if you want any more help and I would be happy to help you out!

Adam

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Old 13-02-2006, 11:19 PM   #10
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If anyone knows a US lawyer who would be willing to take this case, on a "no win, no fee" basis, then please give me their contact details.

In the meantime, anyone who wants to do me a favour & is registered on eBay, please send a message to eBay username ohms714 asking them to deliver 100 x 512Mb Shuffles & 100 x 1Gb Shuffles to Chris Maslin as agreed back in June! If you're not registered on eBay, then e-mail them via the contact details from their website as above.

I'm not giving up!!!

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