I have now received a further email from Dream Drapes for a further payment $1192,50 to be paid IN ADVANCE of order being completed. They also ask for a delivery fee of $75. They have refused to accept cash payment on delivery following my request that I needed to check quality etc. before accepting. Strangely there is no address on the Invoice, but they deny the Smyrna address. What do you think and can you throw any further light on this company. I am pretty sure it is a scam but I would like to know whether you have heard from any other client about this company
Hello and thanks for asking your question. My name is XXXXX XXX I will be assisting you. You are right to be concerned about advancing so much money. In fact, it is interesting to note that this company has an F rating with the Better Business Bureau:
There also appear to be a number of complaints from consumers who provided them with money upfront, but never received product. Last we checked, their telephone number had also been disconnected.
Should I just forget the deposit of over $1000 which this company holds? Holly Ann insists that they are not acting illegally in that they will send goods when full amount paid and that is their normal practice. If I take legal action, will it not be said that the company is willing to provide goods when full amount paid? It should be noted that I paid the deposit in February and only heard a possibility of the goods being available late June 2012.
I should mention that Dream Drapes say they do not have a Smyrna address but I have no record of an official address of Dream Drapes.
I would be nervous to advance more money prior to receiving anything, especially since their reputation is not good.
Did you sign a contract with payment terms?
Sorry I have been absent from our chat - I had a business emergency. In answer to your question, I signed the original Invoice (which I suppose could be deemed to be a contract). At that time 22nd February 2012 I was asked to pay the whole amount but eventually it was agreed that I would pay half the amount on the basis that the drapes would be ready in April. There were no terms and conditions on the Invoice. There was no address on Dream Drapes letterhead and when I insisted on knowing where the business was located, Holly Ann scribbled an address which I cannot locate (8845 Northern Parkway, 3A, Atlanta, GA 30350.
It would appear that you may never get the product. To send more money seems to be throwing it away. You can claim that they breached the contract by failing to deliver in April. At that point, to recover your deposit, you would probably have to file a small claims suit.
I think you are right. I would not be happy to send more money and I am suspicious that cash on delivery was not acceptable to Holly Ann. Is it simple to file a small claims suit and would I have "a case"?
There is no doubt that you have a case. The problem is that you may have to file it in GA and they may have no money to pay you if you win.
Well, I have learned a lesson, but I wish I could prevent other people from being conned. Thank you for your advice. I am not surprised by your reaction but I did need an opinion as to whether I was being "difficult" and "overly suspicious". Regards XXX XXXXXX for your help. Ena
You're welcome. Best of luck. I'm sorry about your misfortune with this company.
Attorney licensed in multiple jurisdictions.
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