Thursday, July 30, 2009

So this morning...

So, this morning I posted my blog with the responses to Pinkie and Ashley from Ripoff Report on Ripoff Report and Ashley has again responded.

Title: Per your lawyer
Comment: What lawyer would take your case on a 300$ computer? This would be a small claims court case, and you don't use lawyers for those.

You may want to check Ohio law on this. This is from their small claims division:
At the trial, you (the plaintiff) will be asked to tell your side of the story and the party against whom you are complaining (the defendant) will be asked to tell his or her side. The law requires the person who brings the case to prove that they have a valid claim.
She then listed an Ohio small claims court website link and proceeded to tell me "Additionally, I read that clause but Ohio does not have any additional warranty laws unless the product is a car."

She then posts another link, this one is to Ohio consumer laws and says "So their warranty is completely legal. Under the terms of their warranty, they have a right to fix or replace your computer. They do not have to give you a refund."


#1 It's always good to have such great friends...

#2 I don't need a lesson on small claims court, I will still have an attorney present in small claims if that is where it ends up and they will still have to spend money to go as well, attorney or not. They will have to pay for travel and lodging as well as for food even if they don't hire an attorney.

#3 I also know that in my state I cannot go for my attorney fees, BUT I CAN go for punitive damages...even in small claims court.

#4 It was an attorney who first sent me to the Ohio Consumer Sales Practices Act in the first place and the lawyer KNEW this was about a $300 computer and NOT a car.

#5 I also know that in ANY state it doesn't matter if you don't take refunds, you still HAVE to. I know this having had a small business myself and dealing with PayPal. Unless it is food it CAN be returned NO MATTER WHAT.

#6 Last but not least, I am also pursuing this on the principal of the whole thing, not just the money, but if they are going to persist on fighting me I WILL also fight for the punitive part of it as well.

Well folks, I'm not sure if Ashley works for them or not, but it sure seems like she does. Oh well, I've said what I needed to.
Again, off to post on Ripoff Report!! Thank you all for your support, like I said it's always good to have great friends and family too!!!

No comments:

Post a Comment