That is semantics trick, because you can't prove a negative like that in court-- how are you supposed to provide paper work for something that hasn't occurred/doesn't exist-- NO. If you allege that he hasn't refunded your money, HE has to prove in court that he did. Go get him, and check the statute of limitations on actionability on this-- and act before that time expires.toddf007":2vw6sjrt said:Thank you for your input. However, I do understand Custom Orders and wait times. I've done A LOT of it. I do think from 2007 to mid 2009 is probably adequate time. He is NOW saying that if I can prove to him that he did not refund the money then he will do that. Now I'm pissed though. I'm not willing to give him my bank statements to prove that. He would have either a canceled check OR a transaction # showing where he did refund the money if he really did that. He didn't and he knows it. It's not my place to dig through all of my bank statements looking for that transaction that I know is not there. That's his responsibility to show me where he has proof that he did pay me. Hey, if he could show me that then I would be all good, but he doesn't have that.Audioholic":2vw6sjrt said:I have an Ear candy cab. The biggets complaint for me was the time. He said 6-8 weeks, which of course most small manufactures say something like that even if its gonna take longer, which happens ALOT when small companies are building things. After several months went by, I of course followed up and was given not quite accurate times. But eventually it made it here, like 6 or so months later. Luckily I could be patient, and I dig the cab tons.
In the future however I will go another route where I don't have to wait so long if I ever need another cab. Tim was nice enough, and eventually answered all of my emails and questions. Sometimes right away, sometimes it took another email to bring it to the top again. I wouldn't call thier customer service stellar by any means, as sometimes there was a delay in answer. But this is also common with other small companies that I have experienced, and sometimes even with big companies it is impossible to get replies. I think Ear Candy just suffers from small business syndrome and not enough help. I do think they have every intention of finishing each and every order as best as they can, and one should realize that really the biggest issue is time, it will take longer then they say. But if you can wait, you will get a good cab.
With most CUSTOM orders wherever you order it from, there is usually no return policy or refund.
To the OP, I would of suggested getting your cab and just selling it yourself when it came in. I doubt Tim would take your money and not give you anything in return. though it may take a bit. I would also suggest further bashing of him if this is going to court, as you could possibly make youreslf out to look like just what you are not wanting to look like. Comparing Tim to a child molester and other stabs here and there, I just don't think that will help your case. Just my 2 cents. Sucks to get taken if that is the case, but if you are in fact going to court over you defacing him on the net, you are not helping your case by further posting you know.
There are no attorneys in small claims court.
This is a breech of contract case. He was paid and in return agreed to provide you a product within a time frame. The time frame expired, and now you want your money back, since you have not been provided with the product you contracted to purchase, and pre-paid. You take proof of payment to the court. DONE. He may file a counter claim against you for defamation and liable, but I doubt seriously he'll get anywhere with it, as the case YOU file, will be heard 1st-- settling the truth as to his claims, the agreement and the outcome.
If he tries to argue that you canceled your order, and you show that he has a no refunds/cancellation policy, the judge will ask him why he hasn't refunded your money IF he in fact, made an exception to his no refunds/cancellation policy and did actually cancel, why would he then be entitled to exercise his no refunds part of the contract, as he nullified the contract by agreeing to cancel the order--or why he hasn't provided the product as agreed (IF the judge doesn't ask those two things, I highly recommend that you ask the judge "with respect" to help you sort out the answers to those two questions). Likely the judge will give YOU the option of the product or your money back.
Get your money back.
Best of luck