Public Mediation

T M Floral Shop - Marijan Cham-Dispute-#2021507

T. C. vs. T M Floral Shop - Marijan Cham
    • Claimant Seeks: View.
    • Claim #: 2021507
    • Amount Involved: 5,950.00
    • Filed On: Nov 19, 2010
    • Posted On: Dec 04, 2010
    • Complaint(s):
      • Overcharge or billing error
      • Problem with a product
      • Bad business or marketing practices
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Statement of Claim
Complaints Involved (5) - View
Claimant says:
"Scam, Ripped Off, Horrible Service, Not to Trust Individual
We called and tried to find a solution before taking the issue to court. She stated, she doesn't care about the court. The owner also stated, she is not refund our money. Instead, if we want the cabinet we ordered, then we ship her wrong cabinet back and pay for the shipping fee."
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Claimant timeline (16) - Hide
  • 08-24-2010 — I asked the owner's son for the pricing, he didn't know. So, he called his dad (Tony also known as Marijan Cham's husband) for pricing about the cabinet against the wall. He described to his dad, then handed me the phone. Tony quoted $850 for the cabinet if pay in cash. I told him, if the shipping is $500 or more, than I I don't want the cabinet. He stated, if the shipping is more than $500 then he will refund the money. He will call the UPS than call me back. I mentioned about the crack on the side of the cabinet. Tony stated there will be no problem, he will take a different from the warehouse. After we hung up, Tony's son went to the cabinet and wrote down the description on the receipt. The cabinet we wanted was a 42" height, wide, and black in colored. I deposited $200 with my credit card. The whole time, I was on the phone with my wife. I even text her the image of the cabinet and we agreed.
  • 08-26-2010 — I had not heard anything from the owner's husband, Tony. I called the business, no answer.
  • 08-27-2010 — I called again, no answer
  • 08-31-2010 — I called again, no answer
  • 09-03-2010 — I called again, this time Marijan Cham answered and stated she will call the shipping company. She quoted $385. I agreed and have the cabinet shipped. I repeatly told her make sure to ship the correct one. She stated, "I know which one already." I also told Marijan Cham that her husband to have order a new one from the warehouse because the display on have a crack. And that we want to black color.
  • 09-07-2010 — Marijan Cham quoted me $425.62. I stated it's fine, just ship the right cabinet. I was making sure she ship the right one.
  • 09-13-2010 — I asked Marijan Cham if she shipped the cabinet and the tracking number so I know when to be home for the delievery. Marijan became irrated and screamed, I already ship your cabinet, I don't have any tracking number. Call UPS if you want. Here's the UPS number. After I called UPS, they told me that the charge is $2000 for the frieght not $425.62
  • 09-14-2010 — I told Marijan Cham of the UPS charges. She stated," See, I didn't want you to call UPS. Now they inspected the item and recode and change the charges. I have it all cover and you have to ruin it." I told her, I only call UPS when is the delivey. I told her, she have to call UPS and resolve the issue.
  • 09-22-2010 — My wife deliver, therefore I didn't have a chance to call her to check on the status of the cabinet.
  • 09-27-2010 — Nothing was done. UPS sent us a letter stating that the freight will be in auction if we don't pay the shipping fee, which is $2000. My wife have to call UPS to settle the matter and request to account department to lower the rate due to error from the shipper. UPS agent stated, the shipper called, but when they explain the situation to her, she hung up. Therefore nothing had been done to lower the fee.
  • 10-12-2010 — UPS agreed to have the shipping charge as $425.62 instead of $2000.
  • 10-14-2010 — Sechedule a delivery. Pay UPS with check $425.62 ck# 1006. When my wife open the frieght, it was not the right cabinet. The cabinet we received is 100" skinny, lightweight oak colored. She record and text image to me. I called Marijan Cham, she stated,"Tha'ts the new style, everyone likes it, so I figure you might like it too." When I confronted her, it's not the cabinet I ordered, Marijan Cham got offended and started yelling, screaming then hung up.
  • 10-14-2010 — My wife called and stated it's not the right cabinet. We specifically order the black and have the picture. She stated, I don't care, that's the right one. Then hung up.
  • 10-14-2010 — She called and left a message on my voicemail. When I called her back, she stated." I have talked to my husband and we agreed to pay you back $500, since that money I can not bring to hell. The cabinet you purchase is for praying so, don't be too picky so your kid can have a better life." I told her, I specifically order the cabinet for a reason. If I could find it somewhere, I would purchase it there. I already paid for it, and now it's not the right one. What am i going to do with this wrong cabinet. I have no use of it. I just want the correct cabinet, if not I will file a claim.
  • 10-28-2010 — My wife call Marijan Cham for the last time before we decided to go further with the lawsuit. Tuan, so called her employee stated she's not there. I explained the situation and stated if she agreed to ship us the right cabinet, we are willing to pay for the shipping that is if the fee is less than $500. The wrong cabinet, we have no use of it, therefore if she want it, we will ship it back to her. But she have to pay the shipping fee. I told him that, it's not fair for us. We are the customer and we already paid for wrong cabinet that she shipped over and now we have to pay for the shipping to be return to her. That's not fair. I told him, when she return, have her call us, if she want to make a deal.
  • 10-28-2010 — She called back and left a nasty message on my voicemail. I have it save. Stating that she don't care if we have a claim and go ahead and have her go to the court.
What Claimant Wants Hide
1. Refund: Cabinet Dec 31, 2010 $924.38
2. Compensation: Mentally Disturb Dec 31, 2010 $800.00
3. Shipping Fee Dec 31, 2010 $425.62
4. Time off to wait for delivery Dec 31, 2010 $800.00
5. Time off to wait for delivery Dec 31, 2010 $1,000.00
6. Other – Physical delivery charges Dec 31, 2010 $2.00
7. Time off to wait for delivery Dec 31, 2010 $1,000.00
8. Time off to wait for delivery Dec 31, 2010 $1,000.00
Cash total : $5,952.00
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
What By When How Much
1. Refund: Cabinet Nov 02, 2010 $1,000.00
2. Compensation: Put up with her attitude Nov 02, 2010 $800.00
3. Shipping Fee Nov 02, 2010 $425.62
4. Time off to wait for delivery Nov 02, 2010 $1,000.00
Cash total : $3,225.62
  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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