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meg711_gw

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meg711
15 years ago

I can't remember where I left off in my last "installment," but I ended up sending photos of the two sets to the designer on Thursday and ended with this language:

"These photos are merely representative of the set. Every piece has signs of this substandard workmanship.

Our position remains the same. Please contact us as soon as possible to schedule a pick-up and to refund our money."

The photos showed the wrong finish, the messy welds, the cracks in the seams, the ragged edges, the un-level legs, etc.

***********************

We did not get a response until Monday morning:

Hi meg: I returned late last evening and just got to the e-mails now. Thank you for taking all the photos. I was going to come over to do just that. I am sending these off to the manufacturer right now and will request a response immediately. As I had mentioned to you earlier, we had a huge issue with the trucking company (they threw the furniture into a truck and several pieces - your travertine top for he cocktail table and your dining table base needed to be replaced). I had requested all the feet be replaced for the furniture (which would allow the pieces to be level on just about any surface. I would like to hear back from the manufacturer before we get together so that we can resolve the issues.

Regards,

***********************************

We sent this response late in the day yesterday:

Hi ________________,

We are growing increasingly frustrated with this situation. We still hope to resolve it in a way which allows us to maintain a positive relationship but, frankly, are concerned that things are not headed in that direction.

We never accepted delivery of this furniture. In fact, as we have stated to you many times already, we are not willing to keep it: it is not what you had promised, or what we had ordered. The photos show that. We're also not happy with the level of attention you are putting into resolving the problem, and feel that your actions are dragging this out rather than bringing this to closure. For example, your email this morning does not address the pertinent issues.

So in very simple terms, please pick up the furniture, refund our money in full and work this out with the manufacturer yourself since that is your source, and our agreement was with you, not with the manufacturer.

If the furniture is not picked up by Friday, with a check for us in hand, we will be forced to hire legal representation and to file complaints with various consumer agencies and licensing bodies including the Better Business Bureau and the State Attorney General's office. We certainly hope that it will not be necessary for us to do so, as we want to avoid an uncomfortable situation for all involved.

Regards,

******************************

We expected her response, and here it is:

Hi meg: I did have to speak with the manufacturer about the issues - I am not the manufacturer - I ordered the furniture for you - per your e-mail of December 18, 2007. I received an e-mail from them today asking how many of the pieces are damaged - I was not sure if it was all of the dining chairs or all chairs? We would all like to resolve the issues as quickly as possible.

Regards,

**************************************

We gave her a deadline, which she has basically ignored. I have a whole set of responses but I know you think I'm jumping through hoops for her, and that that shouldn't be happening.

So how would you handle it now?

fyi, here's the main info I would want to get across to her:

--She ordered the furniture in the wrong finish--which is her mistake, and not the manufacturer's error. (In my email of Dec. 17th, I told her that the furniture comes in a rust color powder coat. She took it upon herself to order it in "cruddy rust" which was the wrong color. She supposedly was familiar with the Kreiss collection, but ordered it incorrectly.)

--the problems with the furniture are not the result of damage during shipping; they are the result of poor manufacturing techniques, such as failure to sand before applying the finish, uneven legs, etc. We are not talking about superficial scratches. We're talking about serious substandard techniques that this manufacturer is not going to learn over-night, or during the three-month lead time. And we're not willing to wait that long again.

--Whether we're talking about damage done during shipping, or substandard techniques, why didn't she notice the problems when she inspected it at the shipping company and on delivery? Isn't that her job and her responsibility?

--And if this is the same manufacturer who supplies Kreiss, how does she account for the variability in quality between the Kreiss furniture and what she provided?

I know you all have opinions about how I should handle it and I'd love to hear your suggestions--assuming you're willing to do that again. Thanks!


Comments (57)

  • mitchdesj
    15 years ago
    last modified: 9 years ago

    She wants to let the manufacturer repair the furniture, make it right, obviously; she should state clearly her position if she does not intend to refund the money, she's skirting the issue.

    Will you seek legal representation or are you just saying that; what will happen if she does not give you the refund by such date ?

    I wish you good luck in this situation; I personally don't think she'll show up friday with cheque in hand.

  • estreya
    15 years ago
    last modified: 9 years ago

    It's funny how mentioning getting lawyers or insurance companies involved in a situation give people the incentive to be more responsive. Pity human nature works this way ...

    I personally would never threaten legal action, because i lack the funds to back it up. And i think "empty threats" are really bad form.

    Having said all that, i can fully appreciate how frustrated you must be. Unfortunately, i think you're going to have to go through a lot of "back and forth" and much more aggravation before you see the end to this.

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  • allison0704
    15 years ago
    last modified: 9 years ago

    Miles, the OP has emailed numerous times and hasn't gotten one correct response from the saleswoman. Her last email stated "we will be forced to hire legal representation and to file complaints with various consumer agencies and licensing bodies including the Better Business Bureau and the State Attorney General's office." In the future, please read posts throughly before you start throwing stones.

  • User
    15 years ago
    last modified: 9 years ago

    Meg, she is completely and obnoxiously ignoring your words, your issues, and your requests. It's as though you are talking to a wall!

    In our state small claims court---accessible even to the "little people," miles!--- can handle damages of up to $5000. If your furniture cost even $6K I would be tempted to take it to small claims court, since you would probably pay a thousand dollars for representation by an attorney.

    You can file the paperwork yourself---it is easy! Of course, if you win all you win is the right to collect the judgment, which you can do by attaching her wages, putting a lien on her house or other property, etc. If the court orders her to pay and she does not, they can arrest her.

    Obviously, you wouldn't think it would come to that, but you should be prepared for any eventuality. Our legal system operates for everyone, not merely the wealthy.

    Here is a link that might be useful: collecting small claims judgments

  • meg711
    Original Author
    15 years ago
    last modified: 9 years ago

    I did not mention legal representation as an empty threat. We have every intention of hiring a lawyer if necessary. DH is already at that point but I keep naively thinking that if I make the right argument, the light bulb will go off and she will return our money. Yes, I AM that naive.

    I think she is focusing on the replaceable feet, etc., and the damage done during shipping so that she can try to get the money back from the insurance company. That's the only explanation for her more recent behavior.

    But she is definitely ignoring the more important issue of the substandard quality. Plus she has never mentioned anything about the wrong finish.

    A friend says that I should demand that she provide copies, ASAP, of all the paperwork from the manufacturer, including care, shipping and warranty information. She actually thinks that this woman--to quote her words exactly--stole our money, bought some trashy furniture somewhere, then snuck into our backyard and delivered crap.

    Thanks for all your comments. I'm trying to figure out the best way to get our money back without resorting to litigation but, we will do that if we need to.

    btw, small claims court max is $4000 here, and we're way over that. Did I say I was naive?

  • User
    15 years ago
    last modified: 9 years ago

    Sorry, but I have no patience for a no-return policy from stores / designers, whatever. If the designer knew she couldnt return the furniture once ordered, she should have double-checked, triple-checked with Meg on every detail of the order, sizes, finishes, etc.. Gotten every detail in writing and so forth. This is not so hard. I do this in my line of work, not design, but the principle is the same.

    I would ask Meg, if the price discount you got was enough to accept the less-perfect workmanship your received? Ie, have you looked at other pieces you could have gotten for the same price-range that you paid? Is the welding etc. better for the price? Or about the same? Or worse? IMO, if what you got is about the same workmanship you could get for the same price elsewhere, accept it. If not, then you are justified in making a stink.

    IÂm sorry  Miles, I also respectfully disagree. The designer seems to me to have no intention of refunding the money, and she is dodging the issue. If I had a client I felt was displeased, and I wanted to keep them, I would be on the phone instantly, trying to make things right, and informing them of my every contact with the manufacturer. I also think there is a snowballÂs chance that the manufacturer will replace it with furniture that exactly resembles the Kreiss pieces. I hope for MegÂs sake I am wrong here.

    And not to nit-pick, but wealthy people may be actually less likely to "sue" than "not-so-weathy" people. Okay, so my example comes from babies, and not furniture, BUT I had my babies in one of the poorest states in the US, a place where many medical doctors (my experience here is with OB-GYNs) are going out of business due to the cost of malpractice insurance, and I had several OB-GYNs lament this to me. "Better off" clients ON AVERAGE (not in every individual case, but on average) are more likely to take care of themselves, of the situation, have better outcomes, and less likely to sue for a bad experience. The same might be able to be said for furniture.

  • estreya
    15 years ago
    last modified: 9 years ago

    Oh no no, just to clarify. I said for ~ME~ it would be an empty threat, because i lack the funds to hire an attorney. I didn't mean to imply you were in that situation. In fact, i think you've been remarkably patient and accommodating, and legal action may be your only recourse. My apologies for any implication to the contrary.

  • estreya
    15 years ago
    last modified: 9 years ago

    Maybe so, but look at Donald Trump! Didn't he recently take legal action against his legal team? :)

  • nanny2a
    15 years ago
    last modified: 9 years ago

    Meg,

    You don't know me, but since you brought this to the open forum, I felt compelled to respond to your dilemma. Isn't this the second, third, or is it fourth?, communication you've had with this designer to inform her that you were dissatisfied with the product and that it was not what you ordered? I read your first post and after reading this one, feel that you have been very tolerant and considerate in your demands for a resolution. Regardless, the designer has yet to acknowledge your complaint of sub-standard workmanship of the furniture, ignored your request for a refund, and failed to personally inspect the furniture with you present as you had asked. Her only concession to any of your complaints is to explain that she has asked the manufacturer to replace the chair feet, something you didn't even ask for, and that wouldn't resolve the fact that the actual seat heights are designed for someone with a 36" inseam.

    Personally, I feel that you've given this woman more than enough warnings and justifiable grounds to accommodate your requests, and she has failed to do so. The fact that she hasn't even had the courtesy to come back out to your house to inspect the furniture personally, or meet with you, as you requested, tells me that she is avoiding any personal confrontation because she already knows that the pieces are substandard. This should be her problem, not yours, since she is the one who placed the order and she is the one who assured you that you would be getting a line of furniture commensurable with the Kreiss products.

    You have been very direct and tactful in your demands. Since she has chosen to either disregard them or provide inadequate solutions to reaching a resolution that meets your previously indicated expectations - I personally sense that she has no intention of completing this negotiation to your satisfaction. Unless she appears on your doorstep by Friday with a check in hand, (if it were me), I would be in conference with my attorney by Friday afternoon to begin proceedings against her. Good luck!

    No one likes to have to do things like this, but you should not have to suffer because of her deception and misrepresentation. You have already lost your entire summer season - that's more than enough .

  • organic_smallhome
    15 years ago
    last modified: 9 years ago

    meg: You were extremely forthright in your latest email to her. She is blatantly ignoring you. Her intention--despite your clear objective--is to somehow make the manufacturer replace the furniture, and make you wait for it. It's bullsh*t. Stop trying to be "nice." Hire the attorney--and do it asap. Then let your attorney deal with the communication. Enough is enough.

  • patty_cakes
    15 years ago
    last modified: 9 years ago

    Meg, i've also been following your saga of 'client vs designer' and think it's time to stop the emails and phone calls, and have your attorney 'reprimand' Ms. Interior Designer with a letter that 'cuts to the chase'. I feel that's the *only* way she's going to get the message.

    Personally, I couldn't stand the stress of the countless back and forth emails and getting absolutely no where with this woman. Obviously HER main concern is losing her commission.

  • rucnmom
    15 years ago
    last modified: 9 years ago

    I agree with OSH. Don't even bother with the "you've left me with no alternative" stuff, just get your attorney on it.

  • User
    15 years ago

    Meg, At this point, YOU are the one overthinking and complicating this situation. Your last email to this woman states "If the furniture is not picked up by Friday, with a check for us in hand, we will be forced to hire legal representation and to file complaints with various consumer agencies and licensing bodies including the Better Business Bureau and the State Attorney General's office."

    You've given the ultimatum. Now DO NOT say a word to this woman from now thru the end of Friday - nothing, no emails, no phone calls, no nothing. Then if she doesn't pick up the furniture, call an attorney Monday morning and from that point on, let the attorney handle it.

    Can't you see that no matter how hard you try to fix this and make this woman resolve the situation, you CANNOT CONTROL HER AND WHAT SHE DOES? She is repeatedly blowing you off. She's making YOU the patsy now.

  • work_in_progress_08
    15 years ago
    last modified: 9 years ago

    meg711- Who accepted it and how did it get into your home? I haven't followed your entire problem, but I have been there/done that with purchases that have been substandard. It is very frustrating.

    Let me first say that yes, there are legal avenues available to the rich, as well as the poor - small claims court. Depending on your State's claim amount levels and how much your claim is made for, it may be a little higher level than small claims court. Maybe something called special civil part - that's usually if your claiming over $15k - I don't know what you paid for all merchanidise.

    However, I will tell you that whether you engage an attorney or proceed on your own with legal action, you are in for a long ride. Longer with an attorney. So, if you would like an earlier resolution, it may be in your best interest to accomplish that yourself. Also, will save you lots of $$ to spend on other things:)

    If it were me, and I work in this field for a living (legal), I would try to work it out with your (designer?). If you placed the order with the designer and they in turn obtained the merchandise for you from the manufacturer, the designer needs to get the manufacturers on board with a refund or whatever remedy you would ask for. How long has this been going on, in other words, what date was the furniture delivered, what date did you notify the designer that there was a problem? Over 30 days? Go above the person you are currently working with. Don't email, go to the store in person, pictures in hand, etc. Responses to you post that she is ignoring your deadline may or may not be true. As I see it as a casual observer, the rep is responding to you, not ignoring you. You may not like what she is saying, but she is still gives the appearance of working with you for all intents and purposes, and that is how a court is going to see it. People feel wronged and they think legal action will cure it, not always so. And it will be a lag time of at least 10-12 weeks before anything begins to happen on your case. Please remember, that the company you are dealing with will also hire an attorney once you begin the process. Attorneys are in business to make money, and both your attorney and theirs, will drag this thing out, other cases, scheduling problems, conflicts with court dates. I see it every single day.

    Believe me, I feel your pain and empathize with you. It stinks when your things are received in poor or unexpected condition. But, from a purely practical standpoint, I couldn't sit on my hands and not post the flip side of legal action. I am not saying that it shouldn't happen, I am merely suggesting that you work with these two companies to an amicable solution, with legal action as a total last resort.

    Best of luck to you.

  • deborahnj
    15 years ago
    last modified: 9 years ago

    Meg, since you gave her a final deadline of Friday to respond,use this time wisely by meeting with your lawyer to find out ALL of your options now. She has no intention of willingly working this out the way you want her to so you need to be prepared. I would NOT send her another email or anything until the deadline is passed. My guess is that if the next communication came from the lawyer not you, things will begin to happen in the direction you want it to.

    Miles, I have worked in the legal field for 25 years and YES there are options for who do not have a lot of money for legal actions. The key is finding out what those options are. IMHO, having a defeatist attitude that "legal action is only for the rich", is only going to get you what you expect, nothing.

  • Bumblebeez SC Zone 7
    15 years ago
    last modified: 9 years ago

    We are going through a similar type of situation here with our tiny subdivision covens. It's complicated but basically the owner has ignored everything the 3 individual property owners
    has asked of him at several meetings over the course of 2 years. (there are only three houses here and the developer is changing the covens to suit himself )
    We are having an attorney write him a letter. But after that, that's all we will do because at $400+ an hour, we can't afford it ! Even split 3 ways.

  • squirrelheaven
    15 years ago
    last modified: 9 years ago

    I did have to speak with the manufacturer about the issues - I am not the manufacturer - I ordered the furniture for you - per your e-mail of December 18, 2007.

    Well, she ordered wrong.

    She seems to need very short, concise communications with zero wiggle room in order to get a clear response.

    I'd give her until the deadline you've already set, in order for her to communicate and get a response from the manufacturer re return shipping costs (which are probably expensive).

    If there is still no response -- specific to your communications -- then have an attorney outline it for her.

  • valzone5
    15 years ago
    last modified: 9 years ago

    I am going to side with Miles, all covered in rotten tomatoes ;O) I agree that legal action is *most often* used by wealthier people, and it's intended to scare people. I have hired a lawyer and it's bloody expensive - way too expensive for a peon like myself - the only reason that I did so is because I knew that my lawsuit would bring in enough to pay him. For the "regular folk", it's not affordable to hire a lawyer for the smaller issues, and too risky if you don't know for sure what the outcome will be. Not everyone can afford to get an attorney just to have them act as a big brother sticking up for you.

    It took me over a year to get resolution through a lawyer. For me it was worth it, but it was a bigger issue than patio furniture. How much is this worth to you, both in dollar figures, and in mental health? Don't get me wrong, it doesn't matter how much money you have, your money is your money, and I am not saying you have enough of it to throw it away. Just weigh all of the costs, and don't cut off your nose to spite your face.

    The legal-action threat doesn't necessarily scare people anyway, because it's so abused. People threaten it when they are angry, even if they don't really plan to follow through. It's also not a for-sure thing, and the designer may not be to worried about it. I think that the threat of a bad reputation, being listed with the BBB, etc, would be more worrisome for her. IMO you should focus on her reputation. That will probably scare her more.

    In any case, I hope you get resolution to this soon. I am like you in that I don't like confrontation. It's not nice to have someone like this woman take advantage of that.

    Best of luck.

  • hoosiergirl
    15 years ago
    last modified: 9 years ago

    Meg, do you have any friends or relatives that are an attorney? If so, you might ask a favor of them to draw up a letter to the designer. (If not, then I would ask around for references for a good lawyer in this field.) If I were you, I would have done that before now, I think. I don't think she's going to come through for you of her own accord; I think you're going to need to force the issue legally. Sometimes the threat of legal action (from an attorney, not just stating that you will seek an attorney) is enough to get the ball rolling. After having the letter sent, I'd wait to see her response to decide if you really want to pursue suing her or if there is any way of reaching an agreement outside of the courts. I do think it's past time for communication via a lawyer (but since you gave her the Friday deadline, you might wait until then to do so).

    I wish you the best of luck. I can't imagine how frustrated/stressed you must be about this!

  • meg711
    Original Author
    15 years ago
    last modified: 9 years ago

    Thank you everyone for all your comments and support. I am so torn between sending out another email which spells out why talking to the manufacturer will accomplish nothing vs. not doing anything until the deadline has passed. I know all too well how long it would take if we were to go the litigation route, to say nothing of the legal fees, etc., which is why my gut says to try to work this out with her now rather than resorting to the courts.

    Maybe I should send her an email that just says "Tick tock."

    But, seriously, the whole situation is making my blood boil.

    It's clear she's not going to give me back my money without a fight. Someone on the board (how many threads ago?) commented that the sign of a true professional is how they handle their mistakes. Guess she's not a true professional.

    And, on that note, I need some sleep. Thanks again.

  • deborahnj
    15 years ago
    last modified: 9 years ago

    Meg, based on your original postings, hiring a lawyer does not appear to be a problem for you. For everyone else, again there are many cost effective ways to get/have legal representation. Many corporate employers now offer legal plans that give you access to lawyers for free or significantly reduced rates. These lawyers can be used for situations such as the one Meg is going through. Many law schools also have legal clinics that are accessible to the public for free or again significantly reduced rates. The law students work in conjunction with lawyers. You would be surprised but many lawyers will take cases for reduced rates or pro bono depending on the situation. I'm not talking about those that advertise on TV or scheister like lawyers but reputable attorneys. Once your particular situation is spelled out, the attorney will often do the work himself or give recommendations to other lawyers who are willing to assist in whatever way they can.

    I'll admit I'm super sensitive on this issue having worked in the field for so long. I've seen $400, 500 and 600 dollar an hour attorneys help folk just because they can.

  • meg711
    Original Author
    15 years ago
    last modified: 9 years ago

    I just sent an email to the designer asking her to call me this morning. I'm pretty incoherent right now but I just can't stand this back-and-forth any longer.

    Reno fan: you've summarized it pretty well. I've been practicing my "broken record" technique and, apparently, so is she.

  • CaroleOH
    15 years ago
    last modified: 9 years ago

    Goodness, one post can really set off a tirade.

    Meg, my first thought is - she doesn't have your money. That's the big problem. She probably sent if off minus her commission to the manufacturer, so I'm abit surprised that you would expect her to have extraneous funds lying around to give to you without any recourse for her to get the money back from the manufacturer.

    If we take a deep breath, yes, this has been a nightmare, and yes, she should have come over and taken the pictures pronto, but if she's only just last week contacted the manufacturer, they're not going to give her a refund by Friday. A lawyer is not going to get you a refund by Friday. You need to pursue a refund from the manufacturer.

    I don't know any designers who personally refund $$ when an order is wrong from the manufacturer. Now, what is complicated is she ordered the wrong finish, so maybe she does have some liability, but since you have no paperwork, no order sheet with your initials by it, you have some liability too.

    And while Miles is being bashed for his comments, I have to agree that in most cases lower income people don't sue for things like their patio furniture is in poor condition.

    Most community organizations that help with legal costs etc. are dealing with real issues like immigration, divorce, bankruptcy, child custody etc...

    You would have to provide a retainer of some sort for a lawyer to draft even a letter to someone - so at $400/hr. that gets expensive.

  • suero
    15 years ago
    last modified: 9 years ago

    Meg,

    Is there a consumer affairs department in your local government? If so, contact them. NOW. Is there a consumer reporter at your local radio or TV station? Contact them. Is your decorator a member of ASID or similar organization? Contact them.

  • User
    15 years ago

    Meg, Your last post floored me - you left her another message. Sheesh! Here's my take on this entire situation:

    You said a few days ago that you were not going to let this go. You've made it pretty clear to me that you are UNABLE to let this go. Do you GET that this obsession of yours is making you seem like someone to avoid? At least that's how I'd be treating you if I were this designer.

    Do you GET, do you really understand, that you will have the upper hand in this situation if you let the Friday deadline arrive so that then you can take the actions that you listed to her?

    Do you GET that by continuously chasing after this woman, you keep setting yourself up to receive emails and messages from her that do nothing to resolve the situation?

    You came to this site for advice and/or validation. And then you do what you're going to do anyway. I hope it somehow works out for you. But I really believe that as time progresses, YOU are becoming a hindrance to getting a fair resolution. This post isn't intended to be mean - it's just my thoughts about seeing someone who is exactly like I used to be - obsessed with control and unwilling (yes, unwilling) to see rationally because the obsession has them by the neck.

  • mclarke
    15 years ago
    last modified: 9 years ago

    Patser, why don't you and Miles take your bran muffins outside and eat them in the parking lot?

    Meg, when you speak to your designer, tell her that you are sorry that she has not fixed the problem, and that your next move will be legal action against her.

    Say this over and over and over.

    Don't say anything else.

    And then go to the courthouse and fill out the paperwork for a small claims lawsuit.

    It's easy to do, and it's cheap, and when your designer receives the VERY official paperwork from the court, she will know you mean business.

  • Ideefixe
    15 years ago
    last modified: 9 years ago

    I'd pay to get the stuff trucked over to her, and file in small claims. If your state's limit is too low, then I'd get an attorney and get going. The Better Business Bureau isn't much of a watchdog any more. But if you hit her in her pocketbook, she'll pay attention. Waiting for her to come get the furniture just delays the action, and then she can argue that you kept it so long, you must have accepted it.

    Wrap it back up, and get it to her. Then it's her problem. She probably doesn't have the cash and can't get it refunded from the manufacturer.

    For you to go the manufacturer will just complicate things--she messed up, she made the error, now she needs to make things right. You can sue for your legal fees, but not in small claims.

    Miles==rich is a relative term. I'm a freelancer and I've sued in both small claims and regular cases and won every time.

  • mitchdesj
    15 years ago
    last modified: 9 years ago

    Meg, it's too late now but I was going to order you to move away from the computer or the phone, LOL let your final words of your email take their course, so nothing until monday, since you gave her until friday to make this right.
    The next working day is monday. So we'll have to see how she responds.

    A face to face meeting , with your husband included, would certainly show that she has balls, I think it's enough now with the back and forth, it's like a tennis match. Except no one is making any points !!!

  • miles661
    15 years ago
    last modified: 9 years ago

    mclarke- as meg has already stated a number of times- small claims is not an option for her as the cost of the items in question far exceed her state's small claims limits ($4,000). So why don't you join us out on the patio for a muffin, sweetheart.

  • squirrelheaven
    15 years ago
    last modified: 9 years ago

    Now scolding Meg and that last remark from Patser is just unnecessary. I have to stop to say that I don't think Meg is "obsessed with control." I think she just wants some relief from this stressful and frustrating situation which she simply wants resolved and over with. Some peace of mind. It's hard to know how to handle these situations or what's going on, and many people come here to vent out their situations and hear others' experiences and advice on things. Meg is the only one who should feel frustrated with all this.

    Meg, I don't know that your designer has taken advantage of you as you fear (knowingly bought junk in order to steal some money), or if she is just a total flake and has royally messed up and gotten mixed up with some fly-by-night company -- but hopefully she is, in fact, in contact with the mfr trying to arrange pickup and a refund for that heap of cruddy rusted scrap metal junking up your house every day.

    You deserve no less.

  • User
    15 years ago
    last modified: 9 years ago

    This is great... decorating advice, PLUS mailorder psychology, lol, which has come down firmly on the side of "blame the victim."

    mclarke, the ceiling on damages in Meg's state is too low to make small claims court worth their while. Her recourse at this point, if the designer doesn't refund their money, is to sue for damages in whatever venue is available to her in her state.

    (Miles, hon, deflated or inflated ego aside, I know plenty of poor people who are not obnoxious, and it doesn't cost a penny to be polite.)

  • User
    15 years ago

    And sometimes we are our own worst enemies. And others on the outside looking in can see things that we don't often see ourselves.

    I hope Meg works this out to her satisfaction.

    Moving along as well....

  • meg711
    Original Author
    15 years ago
    last modified: 9 years ago

    Well, while some of you have been slinging mud, etc., I have been having a very productive and positive conversation with the designer. She is asking the manufacturer for a refund rather than new product. Alternatively, if the manufacturer insists on doing it over, she has told them that the replacement product must look exactly like the Kreiss Capri set with the rust finish. I should get an answer today or tomorrow.

  • squirrelheaven
    15 years ago
    last modified: 9 years ago

    Yay!!! Happy weekend ahead : )

  • DLM2000-GW
    15 years ago
    last modified: 9 years ago

    Meg hopefully this will end up somewhat satisfactory for you - simply the time and angst involved will prevent it from being totally satisfactory regardless of the outcome.

    I would disagree about delivering the pieces to the designer. If you do end up after all this in small claims, I'd sell the furniture and add that in to whatever you may get as a judgement. You aren't obligated to sue for the total value and since it's over the small claims limit, obviously you can't. But you can ask for the max and work at getting more from a sale. IF it comes to that.

  • miles661
    15 years ago
    last modified: 9 years ago

    "If you do end up after all this in small claims, I'd sell the furniture and add that in to whatever you may get as a judgement."

    That would be like me buying clothes from Walmart, deciding I don't like how the are made and expecting to not only get my money back but keep the clothes as well. I don't see that happening in megs case either.

  • bfor
    15 years ago
    last modified: 9 years ago

    Meg,

    "Alternatively, if the manufacturer insists on doing it over, she has told them that the replacement product must look exactly like the Kreiss Capri set with the rust finish. I should get an answer today or tomorrow."

    Did it ever get settled whether this really was Kreiss furniture or not? I don't understand how she could expect you to believe it was manufactured at the same place that the Kreiss product is...because it looks to me as though Kreiss manufactures their own furniture.

    I feel so badly for you Meg...it's almost as if you needed a tape recording of all your conversations with this salesperson.

  • magothyrivergirl
    15 years ago
    last modified: 9 years ago

    Before, you agree to the replacement with this designer, request (demand) written documentation of the manufacturing specifications of the furniture. This should include the "cut sheets" the mfr uses to make this furniture. Specs should also spell out the method of construction, finish - powder coated you keep referring to in the Kreiss line, the levelling glides, the guage of the material (steel. aluminum,etc) and so forth. Also require an exact SAMPLE of the work in the color you want. It is unbelievable that this designer did not provide a sample for you to look at. It doesn't have to be a complete chair. It can be small mock up or a section of a chair. She must be an amazing salesperson to sell these products w/out providing samples for clients to touch & feel.
    Your goal should still be to get a full refund. Immediately. The logistics of getting that refund and returning the inferior product is still an issue.
    Make up your own Packing Slip / Pick up ticket.
    List the items - each and every one
    Have the driver & designer sign for the receipt of the items. Signature & printed name, date & time. Include name of transportation company.
    Indicate the items are being picked up in the same condition they were received.
    DO NOT return these items on the PROMISE of a refund when the mfr credits the designer. GET your refund - remember I suggested taking the check immediately to HER bank - the bank the check is drawn on. GET CASH. If she dosn't have the working capital, tell her to get a cash advance on a credit card or get a loan from her bank, you don't care where she gets the money - you are not waiting for the mfr to credit her!! Please trust me on this meg.
    I think you mentioned her DH is an attorney - it would be embarrassing to him in a small town to have his wife embroiled in a legal matter that is all about reputation.

  • patty_cakes
    15 years ago
    last modified: 9 years ago

    Sorry, but I don't agree with the 'you-have-to-be-wealthy' tactic. I consider myself comfortable, but far from wealthy, aka, Donald Trump. When I sold my condo in December, and a few days before closing the woman 'renigged' because she was 'afraid', I told my RE agent I had contacted an attorney. He called the client's agent, and passed the message on to her, and she to her client. This was a wake up call for the client, and she knew I meant business and couldn't be taken advantage of on a whim.

    Needless, to say the threat was enough, and all worked out. It comes down to YOU allowing yourself be taken advantage of, Meg. You're the one who should be calling the shots, not the ID. Good luck.

  • organic_smallhome
    15 years ago
    last modified: 9 years ago

    meg: I would absolutely NOT agree to have the furniture re-ordered. I don't care what the manufacturer "agrees" to. Further, whether the manufacturer is willing to refund or not should be the concern of the designer, not your concern. The designer should refund you the money, and then work on her own time to get the money back from the manufacturer. No other arrangement is either professional or acceptable.

    I'm seriously afraid that you are being taken for a ride here, and are setting yourself up for yet another year of anxiety and letdown. Just tell the designer to give you your damn money back and be done with it! Grrrrrr.

  • organic_smallhome
    15 years ago
    last modified: 9 years ago

    There's no need to link to Miles' blogspot. That smacks of "outing," which I--personally--cannot abide.

    Miles: brutuses is a good person, but like you--and me--tends to shoot from the hip without thinking first. Just as you are not "stupid," she is neither a "moron" nor a "prick." In fact, she's got a heart as big as Kansas. In all probability, you do, too.

    My unsolicited advice: Shed the rage. I totally agree that--for the vast majority of people (and many nonhumans)--the world is a "mean and ugly" place. What it really needs, therefore, is a little kindness and beauty, whenever possible. I'd really like to see that happen here.

    My $.02.

  • squirrelheaven
    15 years ago
    last modified: 9 years ago

    Meg, had a thought. First, "if the manufacturer insists on doing it over" raises a red flag for me. I sure hope you do not get sucked into this one and go down that road. Get a refund for everything, and send the table and top back with the rest. Second, even if they did produce something that looks good and has a beautiful finish -- it still is not a Kreiss product or finish (tried and true processes and quality). How do you know how their finish will hold up over time? What happens if in a few years the finish begins to rust, flake, or otherwise deteriorate in some way. I just wouldn't take a chance by going there. You've already seen enough.

  • maddielee
    15 years ago
    last modified: 9 years ago

    wow

    2 questions. Maybe 3

    How did you find this designer?

    Did you know that the furniture was a "knock-off" of a Kreiss product when you ordered it? Or did you go into the agreement thinking you were ordering Kreiss?

  • meg711
    Original Author
    15 years ago
    last modified: 9 years ago

    Hmm. Is this still here? Someone just emailed me and asked if I had had it pulled. Well, here goes:

    First, I'm sorry if my trivial problems have started such a ruckus, and if anyone has been hurt or offended in the process. Obviously not my intention. And I was not slinging mud. Mostly ducking.

    To answer some of the questions: I did get references. She seemed to be ethical and have a discerning eye (ha!). I did not think this was going to be a Kreiss product, per se. But it was coming from the same manufacturer who supplies Kreiss. She still insists that that's true. No good explanation for why this furniture looks like it does, or why she didn't see the problems.

    But as someone else pointed out, a court would probably require us to give the manufacturer an opportunity to make it right, so that's why I've agreed to a do-over if the manufacturer won't agree to a refund. The designer has stated that the replacements will be exactly like the Kreiss set or I can return them.

  • msannie
    15 years ago
    last modified: 9 years ago

    Wow - this was quite entertaining!

    Meg - I hope you can work it out - just a thought about small claims etc. - just because you win does not mean you will collect the money. I work in credit and judgements are out there for years that are never satisfied or paid and after 7 years it goes away anyway - at least as far as being reported to credit bureaus.

    I have found that in order to satisfactorily resolve issues you have to get your anger out of the way, no matter how justified and call on wisdom in order to obtain the result you want. Maybe the word is actually "crafty".

    At least that works for my in my business. Good Luck!

  • amysrq
    15 years ago
    last modified: 9 years ago

    Meg...are you kidding? You were promised "exactly like the Kreiss set" on the first go round. Have you heard of Einstein's definition of insanity? It's doing the same thing over and over again and expecting different results. I know you're suffering here and I do not want to add to that, but this does not seem like a fruitful path to a solution. It continues your "relationship" with the "designer" and may take another seven months to resolve. You deserve better!!!

  • organic_smallhome
    15 years ago
    last modified: 9 years ago

    amy: ditto.

    meg: Just to clarify: I was NOT referring to you when I mentioned "slinging mud." :)

  • meg711
    Original Author
    15 years ago
    last modified: 9 years ago

    I know Amy, I know. I am insane and obsessive--and rich, too, apparently. (Sorry, couldn't resist.) But I've looked at the alternatives and this is the easiest way to get what I want.

    I'm going to give the designer the list of specifications and I'm sure the mfgr will not want to even try to touch it. And voila. I get my money back.

    OTOH, when I told DH the story, he couldn't agree with it, so he's writing to the designer and insisting on a refund.

    btw, Squirrel, very good point about the finish.

  • magothyrivergirl
    15 years ago
    last modified: 9 years ago

    Meg - She is to give you the specifications!! It is their specs you need. Not the other way around.
    I agree with DH - let him do his "job" to scare her a bit! It will show that he is also in the return it / full refund camp.

  • meg711
    Original Author
    15 years ago
    last modified: 9 years ago

    LOL Squirrel. I see what you mean. All the name-calling is gone. Good! But now there are strange references remaining. Oh well.