it helps me more when people understand the problem i have and will believe me because i'm not rumor here on the forum if it wasn't true.

my best

What I did see was several people, but far from all, not seeing all the posts and questioning if this is all true.
Or just repeating previous parts of the thread, likely from eye fatigue.

What John is suggesting is, not a collection,
but for some local steeler who never expects to EVER play an Emmons by Lashely,

to become Cor's representitive localy vs the company in small claims court.

Which I think is the most likely venue, and course for full restitution for Cor.

I think that is not a good idea.It could be to crowded because everybody has something else to say about this.
And IMO if we do this there will be to much new topic's started.
There are a few people that are busy with this.I think that we should let this people do what ever they can to solve this matter.

my two cents

Ron

in my mind this is absolutly rediculous.
i don't have a word for this.

and they won't comunicate with me,not by phone not by email and not by mail like a letter or so. even they didn't responde on the three letters they got from the attorney general.

and if there wasn't a problem at all there
i think they will responde through they attorney general.

cor

[This message was edited by Cor Muizer Jr on 01 November 2004 at 08:41 AM.]

I think it most appropriate for all concerned to visit the Emmons Guitar booth and enquire about Cor's situation.

and not one person but a couple of hundred.

go in there booth and ask give Cor his money back
just to let them know a lot of people know the situation.

cor

[This message was edited by Cor Muizer Jr on 01 November 2004 at 11:12 PM.]

1. Better Business Bureau? (he actually chuckled at this one). If the company is not a member of the Better Business Bureau, they can't and won't do anything for you.

2. He was shocked that the Attorney General's office was getting involved for this amount. Cor should consider himself lucky.

3. His impression is that Emmons is not necessarily considering bankruptcy, and that this is their reason for silence. He thinks they are operating on a "Peter-Pay-Paul" budget and just don't have the cash.

4. He doesn't think that they hired an attorney and have been advised not to say anything public based on their advice. After all, wouldn't it be better to pay Cor his $4500 and save thier reputation than to spend a few grand on an attorney and most likely still have to pay him after they lost the case? The attorney admits that he does not (and never has) dealt with small claims court (you don't use attorneys) and does not know if someone other than Cor can appear in his behalf.

5. When you send a deposit or full payment on an item, the two parties have entered into a contract. Any company policies that were in effect AT THE TIME they entered this contract are enforcable. But, the company can not form new policies and apply them to a contract that was entered into prior to the policy change.

His word of advice: Get stuff in writing if there is a substantial amount of money involved. Ask for a printed copy of any policies, cancellation fees, etc, with a receipt when you pay them your down payment or full payment. You should ask what the policies are when speaking to the company prior to purchase. Generally speaking, if the company does not have written policies at the time of the deal, then it is assumed, legally, that they have no policies.

Specific OFFICIAL website for the Lashleys zipcode
http://www.nccourts.org/Courts/Trial/SClaims/Default.asp

with translators provided http://www.nccourts.org/Citizens/CPrograms/Foreign/Default.asp

The legal aid societies advice page http://www.legalaidnc.org/publications/SmallClaimsCourt/SmClaims-FRAME.htm

No lawyers needed, just your paperwork and someone who can speak clearly in english. (see translators info above)

I have had good luck in these courts in the past.
A good logical argument ,backed up by factual documents, will usually win the day.

If you have some accident scar photos, and medical documents pertaining to your decision to cancel the order for physical disability reasons, these will also be helpful.

The draw back in this case is needing to be there in person....

But come winter flights from Amsterdam Shiphol to NYC are around $400, and to N. Carolina a $100 more.

So add in a hotel and food for 3 or 4 days,
you could likely go home after a short Carolina vacation
with $3-4,000 in your pocket. Keep ALL your receipts for travel and bring to court.

Everything you need to know about a law suit for recompensation under $5000 in North Carolina is in the links above.
And you might even get your airplane fees and travel costs reimbursed too..

It is possible, a judge would not look too kindly on a company that forced someone to fly from europe to get compensation.

And I don't hink many judges would buy the reasons stated above to not give a refund...

If you are prepared to do this, who ever has made the decisions to not pay you, should really start to be worried.

The Lashley's may be taking from Peter to pay Paul, but I doubt they will EVER be taking from David to pay anyone.
At this point even if I wanted a LaGrande, I wouldn't leave a deposit with them....

[This message was edited by David L. Donald on 04 November 2004 at 09:07 AM.]

------------------
Klaus Caprani

MCI RangeXpander S-10 3x4
www.klauscaprani.com

But being in default of a court judgment is a serious thing.

If we chip in to help with travel expenses, this seems reasonable.
It is not giving anything to " the dark side", but adding power to the light.

IF The Lashley Co. ( I hate calling them Emmons, out of respect for Big E.)
ignores this judgement, and continues to stiff Cor, and by extension the court.,
It will be a VERY clear indication of this company's moral compass,
and will no doubt be reported here in detail.

And even if i LOVED their steels as no other,
I wouldn't want to buy one, because of this.
Lack of trust and dislike of them kicking some one when the're down.
Do I hate them and wnat them to go under.. no,
but I WOULD like "dawn to break over marble head."

In a small market that is well connected and has a serious grapevine,
you can't expect to stay in business stiffing customers.
It is monumentally poor business sense.

Re. Cor did`ent want my idea………. It seems to me the polite thing to do to refuse help when offered, especially if it may feel like charity, people sometimes feel a little overwhelmed to find that there are others out there that would help them. I don`t know if this is the case with Cor, all I know is a little help is worth a lot of sympathy.

Re. My being Pushy, Does that include stirring things up, asking questions, trying to help someone that is being shafted ? OK if that’s the case then I put my hands up, I must be pushy!

Re. Timing is everything????? How long do we have to wait?
On one point I am absolutely in agreement with Farris I too would love to see this thread closed and the Emmons Company prosper…….. But not until they have made things right with Cor!!

I think sympathy and apathy are close companions, there is no soapbox here and I am not shouting, just trying to be heard.

What Fred said is true:You can't always satisfy everyone.And from my point of view..you don't have too.
Your thought about letting Cor stay for a week....(paid in Full)...might be a good idea.Let all forumites join in paying for this little get together.
And when it turns out for the best Cor could pay back the amount of money that all forumites coughed up.
And it should be payed back to b0b.I think that b0b knows what to do with it.Buy a new server or pay his contribution for next year.

Just a thought.

Ron

So what?
In this case pushy seems a prerequisit for solving the problem....

History is made by pushy people.

I have met you, and you treated me about as good as anyone from across the channel ever has. So when I saw your being central to this project, I was OK I'm in.

Cor, read up on the small claims court info links above.
I am sure this is as good a way to resolution as anything.

I personally feel the Lashleys are PUSHING Cor around... big time.
In comparison John is a paragon of mellowness. N'est pas?

[This message was edited by David L. Donald on 05 November 2004 at 02:30 PM.]