I think all they have a right to ask for is liquidated damages. They are a large company and they order lots of custom made suits. I'm sure the clothes can be re-cut for another order, and I suspect they did that.
Do I not have a right to request what was done with the suits and what the cost to them was of cancelling the order? I've worked in sales and I'm sure that a large amount of the charge was paid to the sales person...
They have also offered to "settle the claim," and I presume that they were more than happy to accept the deposit (1/2 of the price) and not deliver the suits until AmEx charged them back the deposit. Given that situation, I am highly confident that they would settle this matter for no more than the $2,639 deposit, which I'm sure is far more than I should pay them, given their damages are likely much smaller than that.
What are your thoughts?
To be clear, even if I'm on the hook for the full $5K (and I'm clearly not), I will sooner pay the entire amount than accept the suits.
Thanks. One last question. If I settle this dispute w/ the attorney (I've been to his website and he gets a piece of what's collected...I don't think they sold the debt to anyone, and I'm not sure who would buy it anyway), will this prevent anything being reported to the consumer reporting agencies? I have great credit and I know nothing has been reported to the credit agencies, but I want to make sure that if I reach a settlement with this guy, that nothing will show up about that. Really appreciate your help.
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