docksideny
New Member
I contracted with a cabinet door maker located in California , that I found on the internet, to fabricate and finish 23 pieces. On 2/8/07 we echanged emails and he contacted me by phone during which we figured all the details and finalized an invoice. We agreed to a three week time frame, after not being able to contact them in week five , I cancelled payment. In week seven I received 18 of the 23 pieces, two of these were the wrong size (not listed on invoice). I started reversal of chagrback, as they indicated that when I fixed payment they would ship the 5 missing pieces and send the 2 corrected sizes.
On 5/12/07 payment was made, this process was out of my control and took the bank many weeks to finalize the credit. During this time, and since, I recieved many emails with different explanations why the shipment was delayed and when it was expected to be shipped. On 10/6/07 I filed a complaint with the labbb.org, the company has refused to answer this complaint to this date. On 10/7/07 I recieved a phone call from them, he was very mad about my complaint to authorities. He said I wouldn't ever get doors, that I couldn't sue him because I live in New York, but as we talked , he again made promise to deliver missing items by 11/8/07 On 11/20/07 I made a complaint through the Los Angeles department of Consumer Affiars. They referred me to their mediation section and do not take complaint forms from non residents. The set of doors is useless without the missing pieces. I paid them $1650.48 for this order, and think I should get my money back for whole order and return incomplete set since no doormaker can match exact product. I want to sue them but cannot travel to L.A . for this. Would it be possible to sue in New York under "long arm statutes"? Wouldn't their phone calls to me, their many emails, and the interactive website enable the New York courts to claim personal jurisdiction over this dispute? Doesn't the invoice amount to a written contract?
On 5/12/07 payment was made, this process was out of my control and took the bank many weeks to finalize the credit. During this time, and since, I recieved many emails with different explanations why the shipment was delayed and when it was expected to be shipped. On 10/6/07 I filed a complaint with the labbb.org, the company has refused to answer this complaint to this date. On 10/7/07 I recieved a phone call from them, he was very mad about my complaint to authorities. He said I wouldn't ever get doors, that I couldn't sue him because I live in New York, but as we talked , he again made promise to deliver missing items by 11/8/07 On 11/20/07 I made a complaint through the Los Angeles department of Consumer Affiars. They referred me to their mediation section and do not take complaint forms from non residents. The set of doors is useless without the missing pieces. I paid them $1650.48 for this order, and think I should get my money back for whole order and return incomplete set since no doormaker can match exact product. I want to sue them but cannot travel to L.A . for this. Would it be possible to sue in New York under "long arm statutes"? Wouldn't their phone calls to me, their many emails, and the interactive website enable the New York courts to claim personal jurisdiction over this dispute? Doesn't the invoice amount to a written contract?
