german@uiucuxc.UUCP (06/02/84)
#N:uiucuxc:33100002:000:1753 uiucuxc!german Jun 2 05:36:00 1984 I recently had a bad time with the local Byte Shop computer store. I bought a system from them (DEC Pro/350) which was to include some software. (Pro/BASIC and Pro/Communication) They told me all the software was in the 6 book-like boxes of disks and documentation. After I got home I installed everything I had, but the two above mentioned software packages were missing. The Byte Shop said they must have lost them, and they were sorry, but they couldn't do any thing about it because they were in recievership and the bank had controll of all the assets. I talked with the president and he made no real effort to right what I considered a clear-cut case of defrauding me on the sale. I threatened to sue and he just gave me one of his best salesman smiles and said I would be one of just a couple of hundred. I figured he was counting on it being too much of a hassle for $400 worth of software, but I talked to my lawyer about it and he agreed I had a pretty much clear-cut case, BUT I would loose money on the deal! I could only sue them for the cost of the software and not my lawyer fees. The bankruptcy court is about 60 miles away and he envisioned having to make 3 trips there before it was all over and at $75/hr I was going to loose money on the deal. While I have the legal right to sue it is just not practical for me to do so. (I was told that I could start in small claims but the case would end up in bankruptcy court.) I think it is really unfair that the present bankruptcy laws give the bankrupt company in recievership a loop-hole they can use to rob the consumer of hundreds of dollars knowing we would loose money taking them to court. Has anyone else found away to deal with this? Greg German uiucdcs!uiucuxc!german
smh@mit-eddie.UUCP (Steven M. Haflich) (06/06/84)
If the actions of Byte Shop were clearly "fraud", as you described, they may be subject to CRIMINAL prosecution, which is entirely separate from CIVIL liability. As you have noticed, it is often extremely difficult or even impossible to get "justice" under the latter. There is an outside chance, however, that you could get satisfaction in return for agreeing to drop CRIMINAL charges. Standard "I am not a lawyer" caveats apply: To establish fraud you probably need to show that they knew they were failing to supply what you paid for, and that they expected to be protected from having to honor the bill of sale. Spread the word around your locality -- see if anyone else bought from them and complained prior to your purchase. The agency with which you should bring all this up, of course, is you state attorney general's office. (You cannot bring criminal charges.) If they decide that they want to pursue matters, of course, they can go after evidence in all sorts of ways you can't, e.g., subpoena their records or even of DEC for warrant cards to find out who else purchased a system. Good luck. You'll need it. Steve Haflich, MIT
fish@ihu1g.UUCP (Bob Fishell) (06/08/84)
(oo)
The problem is that Illinois is one of the few states where attorneys
are permitted in small claims courts, which sort of defeats their
purpose.
--
Bob Fishell
ihnp4!ihu1g!fished@mtxinu.UUCP (06/09/84)
How about criminal fraud charges? If there is any evidence that it was deliberate, this may help. -- Ed Gould ucbvax!mtxinu!ed
marco@fortune.UUCP (06/11/84)
#R:uiucuxc:984967096:fortune:29600009:000:394 fortune!marco Jun 11 09:56:00 1984 If you have paid for a transaction with a credit card, and now have a dispute with the other party, you may require the credit card company to withhold payment until the issue is resolved. Check with the FTC and consumer groups for details. If you paid with a check your only recourse is the courts. With the credit card it doesn't matter if the company in question is in receivership. Marco