O2 Sports Paid for a hot tub ordered on Ebay six months ago never received Chino Hills California
On January 7th of 2008, I paid for a hot tub that I had ordered via Ebay. I was told that the hot tub would take 4-6 weeks, since it's a special order item. In March/April, I received a telehone call that the hot tub had arrived and that I should call to schedule delivery. I called and discovered that the hot tub had been sent to the wrong address in a city that I had moved away from several months ago. Since I gave them the correct shipping address, this somewhat surprised me. No problem - they said they would have it delivered to my new address, which is about a 4 hour drive north of where the hot tub was. Two weeks later I got the call that the hot tub was finally here, but that there was a problem and that I should "look at it" before they delivered it. Sure enough, it looked like it had been dropped by a forklift and one side was completely shattered. Not to mention, one of the packages (the stairs) was completely missing and the cover was very scratched up. I called O2 Sports Inc. and they informed me that I should refuse delivery and that they would order me a new hot tub. It is now July 10th and I have never received this new hot tub. I have requested the money back and they told me my request was forwarded to accounting and checks would be sent out the following week. That was three weeks ago and I still don't have my money back. I have made several phone calls and when I do get to talk to someone, I am always told "two weeks". Lately I just get an answering machine or a third party answering service and no one calls me back, of course. Since its been six months, I doubt I can file a dispute with the credit card company. I guess my next option is to file a small claims lawsuit against the company. I have also contacted the consumer protection investigations division through the District Attorney's Office for advice, so I am looking into some other options to try and get my $4,200.00 back. If nothing else, these people should not be in business.
Diana
Redding, California
U.S.A.
3 Updates & Rebuttals
Michelle
Newburgh,Indiana,
U.S.A.
local lawyer..
#4Consumer Suggestion
Wed, July 23, 2008
I checked with a local lawyer here who says that if interested, i need to look for representation in california. he said that the other option would be to sue in indiana, and then transfer the judgement to california (those weren't his words, but i cannot remember the fancy terms). but i cannot sue in indiana, because o2 is not registered to do business in indiana. he said that seeking representation in california could be costly. i noticed that there are some people on here, who live in california. i'm wondering if you can send an email to a lawyer near you, to see what their take on our situation is. thanks,
you can reply on here, i check the o2 sports reports often. thanks,
michelle.
Anonymnous
Orange,California,
U.S.A.
You're on the right track Diana
#4Consumer Suggestion
Wed, July 23, 2008
Yes we need to all do as Diana here is doing here and take action! File a claim in small claims court, and contact the District Attorney's office. I didnt know there was a consumer protection investigations division, but that seems like another good place to start too.
And for the record there is no accounting department at this company, only the owner and maybe 1 or 2 employees....thats it.
Bottom line is they are just giving you a load of Bull to buy some time. They have no intention of paying you back or making things right.
I have yet to see or hear of even ONE customer where they have made things right or refunded someone there money, unless forced to do so by an outside party (bank, credit card company, legal or government entity).
Michelle
Newburgh,Indiana,
U.S.A.
still try...
#4Consumer Suggestion
Tue, July 15, 2008
The same happened to me, although my purchase was at the end of March. I paid with a debit card and luckily my bank's rule is that I can file for a chargeback within 120 days. However, I've read that many credit card companies will actually file disputes within 2 years of purchase day even though not advertised. If I were you I'd make sure the Chino police department added your address/ph# to their report (I can't remember if you already said you did this). Then I would call my credit card company and beg them to do it. It's worth a shot.
My fear though is that the company will go bankrupt or close their account or flee the country by the time the chargeback gets processed and I'll be out of luck. I don't know if their bank would have to take the hit or not.
Good luck!