Claim #3081074 against: Mokan Steaks

    • Claimant Seeks: 1 non-monetary items.
    • Claim NO: #3081074
    • This is claim 1 of 1 by claimant.
    • Amount Involved: $224.40
    • Filed On: Nov 13, 2012
    • Posted On: Nov 24, 2012
    • Bad business practices
    • Contract / Agreement / Promise dispute
    • Overcharge or billing error

The Complaint

What happened

Claimant's opinion:

Mokan is a home delivery food service. On October 23, a representative came to my home selling frozen meat products. This was my first time encountering the company, but I had seen their truck before in another neighborhood. I was curious about the products and the prices and ask to see them. The food was well packaged, looked good, and frozen. I told the representative (Scott) that I was on a fixed income and could not afford to purchase today. After he discounted and threw in some fish, I said no, can't do it today, will call you later. He offered to split the payments in half; to be paid on the dates of my choice. I agreed and took a package deal of beef, poultry, and fish. The total came to $326.92: 1 payment of $163.46 on November 2, and 2nd. payment of 163.46 on December 3. I checked my account on the 7th; had several overdrafts + fees. That is when I discovered that they had sent in both payments. I called and left a message for Scott to call me. He did not; I sent an email Nov 12. Manager Rick called me to inquire about the problem. I explained and said I want a refund because they did not abide by the terms; and they jacked up my account causing checks to be returned with a fee. He apologized and said it was an accounting mistake. I replied, your mistake is costing me money. He said, it is too late, the transaction had already been made and he could not refund the money. He wanted to give me some more meat and a $40.00 credit on my next purchase. I said if it was a store, and I was dissatisfied, they would give me a refund. Then he said, because we are dealing with food, he could not take it back; he would have to throw it away. I said the food has been frozen since your man put it in my freezer and he knows the freezer is working. I insisted on a refund, mainly because his mistake caused my account to be drained and I still have bills to pay. I refused his offers, asked for a refund, said I'll talk to you later, and hung up. I sent an email earlier asking Rick to call me today to see if he would refund the money, but I decided to do this instead. I will not speak with them until I hear from you. Thank You

Bad Business Practices
  • Policy issue
  • Excessive billing
  • Negligence causing harm
  • Poor customer service
  • Unfair practice

Contract / Agreement / Promise Dispute
  • Breach of contract
  • Bad faith

Overcharge Or Billing Error
  • Wrongfully billed
  • Lack of communication

I called the representative that I worked with on Nov 7. I did not receive any response until a week later when an email was sent.

"I Just Feel Ripped Off."

Absolutely no effort to comply with my wishes for a refund. Unreasonable excuses that were not explained during the sale. The representative guaranteed the product for a year and would exchange product if there was a problem.

  • Dec 22, 2012, Claiming party added:
  • I will accept the deal if you will exchange one box of flounder for tilapia or salmon. I asked for tilapia during the original transaction. Scott was going to leave 1 box of each because he was out of salmon. His coworker left 2 boxes of flounder in the freezer. I was unaware until a week later. Can you switch one box of flounder for tilpia or salmon? When can you deliver?

    G. Simmons

  • Dec 14, 2012, Claiming party added:
  • What does a $200.00 case of chicken consist of? What about the flounder fish; will it be exchanged? What other fish do you have?

    Sicerely, Mrs. Simmons

  • Dec 22, 2012, Claiming party added:
  • Dear Rick, What are you going to do about the $50.00 in bank fees that were assessed to my account? I will compromise on everything else, but I had several bills go unpaid due to the transaction which caused all the problems.
    I will accept the deal if you include a check for $50.00 also. Please respond bt 12/27/2012.

    Geraldine Simmons

  • Nov 13, 2012, Claiming party added:
  • Another address is: 603 E. 23 St., Independence, Missouri 65053
    Phone: 913-735-7753
    Another Email:

  • Dec 20, 2012, Claiming party added:
  • Dear Rick,
    I have waited one week for you to answer my last email. Please answer my question so we can resolve this matter now. I have been patient, but I will proceed with further action if you continue to ignore my request. Please answer my question by December 22.

    Still Waiting
    G. Simmons

  • Dec 20, 2012, Claiming party added:
  • Dear Rick,
    I have waited one week for you to answer my last email. Please answer my question so we can resolve this matter now. I have been patient, but I will proceed with further action if you continue to ignore my request. Please answer my question by December 22.

    Still Waiting
    G. Simmons

  • Feb 07, 2013, Claiming party added:
  • Dear Rick, I have not received a response from you since January 8. This has gone beyond ridiculous. I will accept your offer of January 8. I need clarification. Is this offer for a case of chicken plus a case of beef or seafood? Lets resolve this NOW!
    Sincerely, Mrs. Simmons

  • Feb 11, 2013, Claiming party added:
  • I am available from 11:00 to 2:00 this week. When can you deliver the Chicken?

  • Feb 27, 2013, Claiming party added:
  • I responded to your offer dated February 7 .I accepted it and you have not responded with a date of delivery. When can you deliver?
    Sincerely, G. Simmons

What Claimant Wants

  • Terms under which Mokan Steaks can satisfy this claimant
  • Status: In Negotiation
Non Cash settlement
What By When How Much
1. Case of chicken + $50.00 Jan 10, 2013
*In the event this company is operating under bankruptcy protection, see notice at the bottom of this page.

Offer History

Nov 13, 2012
Claimant's Terms of Settlement to MoKan Steaks

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