Complaint Review: Kelly Lift Equipment and Jason Kelly

One day I went on Google to search for a Forklift to purchase.  Shortly after, I received several advertisement emails from different forklift companies.  One email led me to Kelly Lift Equipment from a salesman named David Winters in Buffalo, New York.  I spoke with David Winters.  David Winters gave me an address to go to in Miami, Florida, to see a forklift.  I went to the Miami warehouse and inspected the forklift he suggested, and I spoke with warehouse's manager, Andy, but the forklift needed a lot of work and I was not interested.  I did see at that Miami warehouse several other forklifts, one of which I was interested in.  I then contacted David Winters and told him that I was not interested in the forklift he suggested, but that I found another that I liked at the same Miami warehouse.  I told David Winters the details of the one I liked, and he said he would get back to me with a price after speaking with his boss, Jason Kelly. 

David Winters called me back and quoted me $11,000.  I negotiated a trade in for my old forklift, and he said he would take my old forklift and give me a $500 credit, but wanted $10,500 to be paid in full. He told me if I wanted the forklift, I needed to pay the $10,500 payment up front, and then promised that I would receive the forklift to my office in 10-days.  I paid Kelly Lift the money, but I never received the forklift.

I then called David Winters numerous times and he did not answer the phone.  I also called Andy, the manager at the forklift warehouse in Miami, and Andy confirmed that the forklift I liked was not even owned by Kelly Lift.  Andy said I was scammed.  I continued to call Kelly Lift and David Winters.  I even called law enforcement.  After about 4-weeks of constant calling and threats to proceed with litigation, David Winters sent me back by FedEx only $8,100.  So even though I received back $8,100, the company stills owes me about $2,400. 

I then called David Winters and asked why he did not pay me back the full amount, and he said the company had to charge me for a "re-stocking fee".  But that does not make sense since Kelly Lift never even had the forklift, nor did they ever even own the forklift.  So basically, I was scammed.

I will still seek to pursue getting my $2,400 back from Kelly Lift.  I even had my son, who is a lawyer, call and leave messages at the corporate office of Kelly Lift, but no one called him back.  I do not recommend anyone to do business with this company or David Winters.