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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86599
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My springfield armory hand gun XDS had a recall at the time

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My springfield armory hand gun XDS had a recall at the time I purchased it which I was not made aware of. After reading threw magazines a week later a found the recall. I sent the gun in and was promised a 2 week turn around. it is now 8 weeks in with apologize and apologize without any resolve in clear sight. I asked for the gun back fixed or unfixed and they refused said its not safe. I asked for a refund they also refused. This does not seem legal to sell my a product that I can not used nor have I ever fired. In addition a brought the gun for a trip which was ruined because I had no side arm for the hunt and no protection taking my jeweler y from work to home either. This seems crazy what are my right I'm in Huntsville Alabama
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Was the turnaround time of two weeks in the paperwork or the recall advert, or, only something they verbally stated?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.

Verbally and in multiple emails and as advertised all three clearly stated 2 weeks

Expert:  Ely replied 9 months ago.
Thank you.

Okay, at this time, someone in your situation may have a cause of action, although the threat of filing it may prove to be more helpful to resolve this matter than the filing itself.

Someone in your situation may wish to file a Writ of Replevin. A Writ of Replevin is an action where Plaintiff (i.e. you) alleges that the Defendant (i.e. the company) has something that rightfully belongs to Plaintiff and has not been returned. Sides v. Matin, 511 So. 2d 519 - Ala: Court of Civil Appeals 1987.

As such, the Court would take a look at the facts and make a decision. Now, I am going to be honest and state that the actual filing may cost more than the firearm. However, a demand letter threatening to file may be enough to get them to get you a replacement ASAP so as not to call your bluff and possibly risk legal costs.

Let me know if you need a sample letter.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 9 months ago.

yes please a sample letter would be what I am looking for please thank you. Also what would be the damages? My trip? no protection for caring home jewelery back and forth? What if I get robbed while I do not have my gun?


 


Thanks

Expert:  Ely replied 9 months ago.
E,

Damages? Well, a few hundred to file but then possibly thousands for an attorney (and one would be needed) as well as out of pocket expenses for costs, etc.

However, if you get robbed while not having protection, I am afraid you cannot sue them for this. There is simply not enough causation ("if not, then...") between you being robbed and them being responsible. In other words, you being robbed is not a DIRECT RESULT of not having the gun.

Now, letter:

Your Name
Address

Date

Their Name
Address

To Whom It May Concern:

Re: Gun Name, any # XXXXX recall invoice, etc

This correspondence is in regards XXXXX XXXXX firearm of (model) that I had recently sent in on (date) due to the recall. I was lead to believe pursuant to (whatever documentation/advert) that the firearm would be replaced in two weeks.

This has not happened. My attempts to settle the matter have gone unheeded despite several reasonable requests to expedite the replacement, provide a refund, or to provide my old model back to me.

At this time, I am providing (company name) ___ days from receipt of this certified letter to provide me with a refund for my firearm or a replacement. If this is not done, I will strongly consider pursuing this matter either as a Writ of Replevin or a cause of action under Title 8 of Alabama Code, along with attorney fees and damages requested.

Very Truly Yours,

Signature

Name


Again, this is just a sample.

Hopefully, this may scare them to act and expedite the matter.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86599
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

I give it a try thanks

Expert:  Ely replied 9 months ago.
You are most welcome; good luck.

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