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Victim of circumstance in need of advice.. Please Read!

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Ouch

Rough_Rock
Joined
Jan 15, 2009
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Hi everyone,

First off let me say that if I had found this site 3 weeks ago, I would not be in this situation. I havent found any posts on this subject, and if it has been covered and recovered, I appologize in advance.

I''ll try to keep the story short and to the point:

3 weeks ago, me and my future bride decided on a Sunday afternoon that we would go look at some engagement rings. We have been steadily moving towards engagement for some time, and I wanted to get a basic idea of what she wanted in a ring before I made the final choice myself.

We went to the Shane Company. She was immediately drawn to a Christopher Designs ring, (at this point, Ill spare you guys the description). I wanted a slightly larger center stone, but she was quite happy with the size already set into the ring and litterally carried it around the store for 3 hours. We hadnt planned on purchasing anything that day, and I personally had definitely not planned on buying from there becuase I have hated the radio commercials since I was a child. At the same time, I did not want the ring that she seemed to like so much to be unavailible if that is what she wanted in the end. She made a point to tell me that she may be OK with knowing exactly which ring she was going to get, and I asked her if she wanted me to make sure the ring was held so she could make up her mind over the next few weeks, to which she sheepishly smiled and nodded her head "yes". I am a sucker for this girl.. which is why I am going to marry her!

She went off to the restroom, I asked the sales associate (Who was very helpful, very nice and a genuinely good guy) what I would need to do to make sure the ring was there when she made up her mind in the next few weeks. He advised me that I would need to place 25% down, and place it into the layaway program. If she decided that she wanted to be suprised and have something different, I could simply take advantage of the "60 day no questions asked money back gaurantee". 25% was around 2100 dollars. I filled out the form, swiped my card, got the receipt, and we were on our way...

Flash forward 3 weeks: She goes Saturday to look at the ring again and make her final call. She decided it was too shiny (blew my mind) and that it looked almost "costumish". I was relieved in a way, because now I could explore some other avenues, although I was still considering buying from Shane Co because I was so happy with the service. I am weird in that way, I do not mind paying a premium for security and service.

Here is where it all takes a turn for the worse! I call on Tuesday morning to tell them to cancel the layaway, and have my credit card credited back, only to be informed that the Shane Company had declared Chapter 11 Bankruptcy, that the court order blocked all refunds on purchases made previous to the filing, and that my only option was "store credit". I am not happy with that, the whole reason I even considered purchasing there was the piece of mind of walking back in with any problems I had and having them corrected. She has been through every ring in the store and there was nothing that she did not say no to, except that ring... which she now does not want.

I have talked to the store managers, the customer service VP at corporate, and I have a phone call with the excecutive VP tommorrow. I am nearly positive I am not getting a cash refund from them at this point. And they have offered me no other incentive to make me happy. I need to know what my options are, I do not trust store credit because I just do not have faith in their ability to emerge from Chapter 11. I feel like things will only get worse for them going forward, and liquidation is more likely. I have no merchandise in hand, just a ring on layaway that I have no intention of buying. Here are the options I have considered, someone please chime in and tell me which way I should go:

1. Purchase a setting there and buy the stone somewhere else (I dont really want to go this avenue, because there is no setting there that matches up with what she wants) I have been to 3 Shane Co stores, and through their website with a fine tooth comb.

2. Demand that the store credit be matched in the form of a discount of the same amount in whatever I wind up having to settle with from the store. This is what I am going to ask for from executive VP who left me a voicemail today in response to an email I sent to the "Tom Shane" option on their coroporate website "contact us" page. Do you think that this is an equitable option? I feel like they are holding 2100 dollars of my money interest free and I am being forced to deal with them in direct contradiction to their gaurantee!

3. One of the sales associates at one of the stores advised that I actually pick up a 2100 dollar diamond so that I had something in hand, which makes sense logically, but can I realistically recoup my value if I trade that stone in on another from a different dealer? (someone who knows the ins and outs of this option please explain for me).

4. I contacted Chase to see about having the charge disputed and let the credit card company fight the battle. This process is going to take a month at a minimum because they have to mail me the certified form to be filled out and then I have to wait for them to resolve it, by which time I am afraid that the store will shut its doors and the CC company will have to balance to charge it back to.


Someone please give me the master plan here... Forgive my ignorance, I just dont know which way to go.
 
Honestly I think the chargeback route is your best bet at this point. A lot of people will be clamoring for money from them and I hate to say it but someone in your position is going to be last on the totem pole.

The diamond in hand idea is great if you can get exactly what you want, but you cannot recoup your value from someone else, so only pick something if it's what she wants.

So sorry you are stuck in the middle of this. It sucks.
7.gif
 
If you didnt actually put any cash down, I would go the route of disputing the charge on your credit card. It takes longer but eventually you should have the charge cleared.
Especially if you have documentation showing their return policy or cancellation policy. I would also get documentation from the store that they wouldnt refund your credit
card balance. I wouldnt want anything from the store either. You or your fiance wouldnt get any joy out of anything you purchased, so I would fight the charge. your best
choice IMHO. Hope it works out, so sorry for all the trouble you had.
 
oh wow. Well, if it were me, i''d probably try to go ahead and get something with the store credit, earrings, a necklace, something you could save and give to her for a wedding gift or anniversary present. Buying a setting from them could be an option too. They do carry some very nice high quality designers like Ritani and Scott Kay. What style of ring does your fiancee to be now want. Maybe we can help you find a setting that might work so the money is at least being put to good use. I don''t know enough about how the CC dispute system works but that might be an option too under the circumstances???
 
Ditto...dispute the charge...have Chase duke it out with Shane Co. You have a valid reason it shouldn''t be too much trouble. I disputed a charge once for a subscription that I had cancelled but kept getting charged. I was told it would take up to 90 days, but they credited my money back within 3 weeks.
 
Date: 1/15/2009 8:59:58 PM
Author: Rock_of_Love
Ditto...dispute the charge...have Chase duke it out with Shane Co. You have a valid reason it shouldn''t be too much trouble. I disputed a charge once for a subscription that I had cancelled but kept getting charged. I was told it would take up to 90 days, but they credited my money back within 3 weeks.

It might be trouble in this case because they are filing for bankruptcy though. I still agree that it might be the best bet, but it''s far from the same as a regular chargeback IMO.
 
Wow! What a horrible situation to be in! I''m sorry you are going through this. I will echo what others have said about having the charges disputed on your credit card. I think that is your best bet. Good luck and I hope you and your girlfriend are able to find the ring of her dreams!
 
Did you explain the situation to Chase? I''m wondering if they could advise you on whether they realistically think they can be successful in getting your account credited for the money? My guess is that the bankruptcy changes alot of things. . . I''d rather get something than be shut out all together.

Considering the circumstances, what does your girlfriend want to do?
 
Wow, what a dilemma! I imagine stuff like this is going to be happening a LOT more often now too. Something for everyone to keep in mind. Sorry, no help to you on the financial advice front but if I were you, I''d be inclined to just buy a stone from them (if they have anything that fits your needs. I did a search for stones and they list a large variety it seems) You might be able to get a really good deal (sad but true) on something from them right now (you''re not stuck with buying just a $2,100 stone are you? If that was 25% of the cost of the ring, sounds like you would be in the market for about a $5,000-$6,000 stone? IE: can you use the $2,100 credit as partial payment and get one you want?). You''re going to be buying a stone anyways so...... it might turn out to be an opportunity?

Good luck - keep us posted!

- Jodie -
 
Thanks guys.

I am leaning towards the dispute as well. Im going to have faith that this all plays out in the end and I am made whole, but I never saw it coming.

Thanks for the advice. Keep it coming if anyone has anything to add. I have never disputed a CC charge before, so I do not know how difficult that is going to be. I know that the company is still processing CC payments as of right now, so hopefully the card company still has something to charge back to.
 
That is so BS that the "niceguy" sales associate told you you could have 60 days money back, when he knew they couldn't honour it.
I seriously dislike Shane Co from the nonsense I have heard them pull on here - good riddance.
29.gif


I'm sorry this is happening to you - I agree to go through your CC Co to start with. Pls keep us updated.

I wouldn't want to still buy from them, as the only advantages that you mentioned (ie. security of a B&M), may not exist very soon.
 
Date: 1/15/2009 9:11:08 PM
Author: MissGotRocks
Did you explain the situation to Chase? I''m wondering if they could advise you on whether they realistically think they can be successful in getting your account credited for the money? My guess is that the bankruptcy changes alot of things. . . I''d rather get something than be shut out all together.

Considering the circumstances, what does your girlfriend want to do?

I am calling back to get more details tomorrow morning. The CC company was my first call on tuesday, and they went ahead and marked the charges as disputed, but I still have to wait on the form to fill out to arrive via snail mail and send back to them before something is decided. I was having problems communicating with the rep on the phone, so I planned to call back later and get clarification. Supposedly it could not be emailed or faxed, and he just said they would have to investigate.

I feel like this would eventually be successful, but I am inclined to think that "restructuring" will shift to liquidation in the next few weeks.

As for th GF, she knows the basics, but I am trying to keep her as uninvolved as possible.
 
Date: 1/15/2009 9:14:50 PM
Author: arjunajane
That is so BS that the 'niceguy' sales associate told you you could have 60 days money back, when he knew they couldn't honour it.
I seriously dislike Shane Co from the nonsense I have heard them pull on here - good riddance.
29.gif


I'm sorry this is happening to you - I agree to go through your CC Co to start with. Pls keep us updated.

I wouldn't want to still buy from them, as the only advantages that you mentioned (ie. security of a B&M), may not exist very soon.

In his defense, He had worked there for 10 years, and I doubt hes ever encountered this situation before. They are also honoring refund requests from purchases made post-bankruptcy. I actually feel bad for the workers there, because they are still pretty drunk on the corporate kool-aid. They are being told everyone will be fine in the end, and he is not anywhere close to being high up enough in the company to know that the execs were considering BK.

I worked in the Mortgage industry for the past 3 years and have been through this situation myself.... oddly enough I harbor no anger for those who had no control.
 
Date: 1/15/2009 9:20:58 PM
Author: Ouch

Date: 1/15/2009 9:14:50 PM
Author: arjunajane
That is so BS that the ''niceguy'' sales associate told you you could have 60 days money back, when he knew they couldn''t honour it.
I seriously dislike Shane Co from the nonsense I have heard them pull on here - good riddance.
29.gif


I''m sorry this is happening to you - I agree to go through your CC Co to start with. Pls keep us updated.

I wouldn''t want to still buy from them, as the only advantages that you mentioned (ie. security of a B&M), may not exist very soon.

In his defense, He had worked there for 10 years, and I doubt hes ever encountered this situation before. They are also honoring refund requests from purchases made post-bankruptcy. I actually feel bad for the workers there, because they are still pretty drunk on the corporate kool-aid. They are being told everyone will be fine in the end, and he is not anywhere close to being high up enough in the company to know that the execs were considering BK.

I worked in the Mortgage industry for the past 3 years.... oddly enough I harbor no anger for those who had no control.
I also feel bad for the employees, don''t get me wrong.
But there have sooo many cases of people getting ripped and asking for help here, I''m just sad about it.
What I don''t have compassion for is any business which routinely looks for ways to rort the consumer.
 
Date: 1/15/2009 9:11:58 PM
Author: mausketeer
Wow, what a dilemma! I imagine stuff like this is going to be happening a LOT more often now too. Something for everyone to keep in mind. Sorry, no help to you on the financial advice front but if I were you, I''d be inclined to just buy a stone from them (if they have anything that fits your needs. I did a search for stones and they list a large variety it seems) You might be able to get a really good deal (sad but true) on something from them right now (you''re not stuck with buying just a $2,100 stone are you? If that was 25% of the cost of the ring, sounds like you would be in the market for about a $5,000-$6,000 stone? IE: can you use the $2,100 credit as partial payment and get one you want?). You''re going to be buying a stone anyways so...... it might turn out to be an opportunity?

Good luck - keep us posted!

- Jodie -

Thats where my "its the principal of the thing" kicks in. I know I could buy more diamond for less money somewhere else. The ring I was looking at was 8100 or so. I just have no interest in giving them another penny of my money. Even if I did convince them to match my credit for a discount in the same amount, I would still rather have my money back and start again somewhere else.
 
If the receipt clearly says 60 days money back, I would go the charge-back route with the credit card company. Thats part of what the policy is there for if a company is not going to honor the terms of their contract with you, the CC will disallow the charge.

I would have hope - I signed up with a local gym for 6 mo that went out of business 2 weeks later and the CC refunded my membership fee. So! Hopefully that will work.

Shane likely CANNOT help you because they are not supposed to preferentially decide that some of their creditors are better than others - the courts are there to dole out the money to all the people with claims on it. And probably the sales guy that helped you didn''t know they were filing for bankruptcy either.
 
This is a slam dunk. Dispute the charges. The sooner the better. You received no merchandise and the store policy was (and is) very clear that you are entitled to a refund on deposits within the proscribed time. Even if you decide you want something else they have for sale you should do this. They have no right to hold you hostage and the bankruptcy court has no right to make them.

I agree with the above that this came as a total surprise to the employees, including most of the store management. Not that it's your problem but this all isn't good news for them either. Your salesguy almost certainly was not setting you up.

There is a bright side. I'll bet we won't be hearing those annoying advertisements for at least a little while.
36.gif


Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver
 
Date: 1/15/2009 9:35:53 PM
Author: denverappraiser
This is a slam dunk. Dispute the charges. The sooner the better. You received no merchandise and the store policy was (and is) very clear that you are entitled to a refund on deposits within the proscribed time. Even if you decide you want something else they have for sale you should do this. They have no right to hold you hostage and the bankruptcy court has no right to make them.

I agree with the above that this came as a total surprise to the employees, including most of the store management. Not that it''s your problem but this all isn''t good news for them either. Your salesguy almost certainly was not setting you up.

There is a bright side. I''ll bet we won''t be hearing those annoying advertisements for at least a little while.
36.gif


Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver

Thanks for all of the input ladies and gentlemen. I guess I will ride out the next couple of weeks and see what happens with disputing the charges, and hope they survive long enough for a resolution. I have learned a lot in the past couple of hours browsing through this forum. Like I said before, I wish I would have come here first!
 
Date: 1/15/2009 9:26:36 PM
Author: Ouch
Date: 1/15/2009 9:11:58 PM

Author: mausketeer

Wow, what a dilemma! I imagine stuff like this is going to be happening a LOT more often now too. Something for everyone to keep in mind. Sorry, no help to you on the financial advice front but if I were you, I''d be inclined to just buy a stone from them (if they have anything that fits your needs. I did a search for stones and they list a large variety it seems) You might be able to get a really good deal (sad but true) on something from them right now (you''re not stuck with buying just a $2,100 stone are you? If that was 25% of the cost of the ring, sounds like you would be in the market for about a $5,000-$6,000 stone? IE: can you use the $2,100 credit as partial payment and get one you want?). You''re going to be buying a stone anyways so...... it might turn out to be an opportunity?


Good luck - keep us posted!


- Jodie -


Thats where my ''its the principal of the thing'' kicks in. I know I could buy more diamond for less money somewhere else. The ring I was looking at was 8100 or so. I just have no interest in giving them another penny of my money. Even if I did convince them to match my credit for a discount in the same amount, I would still rather have my money back and start again somewhere else.

I hear what you''re saying about the principal - I''d just be worried that the longer it takes to get this sorted out (IE: going through the credit card company to try to work it out - this is a complicated situation for them. Despite the "written guarantee" of a 60 day refund, you essentially made a "contract" to buy that ring. That''s what they may look at. THEY don''t want to be out any money either), the higher the likelihood that you end up being completely OUT the full $2,100 and with nothing to show for it. I work for the tax department (the Canadian tax department - CRA - stop booing everybody!) and you wouldn''t believe what I''ve seen happen when companies declare bankruptcy. A lot of innocent victims can get completely screwed over and have no recourse whatsoever (that''s why it''s called bankruptcy "protection" ;). I''m sure your laws are a bit different than ours but probably not that much......
 
(for all your trouble)
Could you possibly find just a center diamond in the store to your liking at get it at cost?
 
Oh geez, I am sorry about this. I don''t really have any ideas for you, but I would probably go the chargeback route and hope for the best. Good luck.
 
Hopefully the credit card company will refund the money, but if not, I''d just buy her some diamond stud earrings or pendant for a wedding gift. I know it will take a chunk out of your ring budget, but I wouldn''t buy the ring there at this point either.

Best of luck to you!!! Let us know what happens!
 
Put me on the "dispute the charge" list. I''ve disputed several charges with Chase before, and they will place a hold on it (and not make you pay it) until the issue is resolved. I have a charge that they have been fighting for me for about 6 months, but in the meantime, I don''t have to pay it and am not being charged interest or fees.

That''s a terrible situation to be in, but if I had to pick a credit card company to use in this case, it would definitely be Chase.

Best of luck!
 
If it makes you feel any better Chase has been very easy to work with in the past when I''ve had my CC info stolen or had a website make a fraudulant charge.

I''m sorry that your e-ring purchasing experience has been so crappy. I hope that this turns out well for you and you and your girlfriend can get the ring of your dreams.
 
I don''t really have any advice in this situation but I wanted to let you know that I think the whole thing is terrible! I hope you get it worked out to your satisfaction.
 
Date: 1/15/2009 9:35:53 PM
Author: denverappraiser
This is a slam dunk. Dispute the charges. The sooner the better. You received no merchandise and the store policy was (and is) very clear that you are entitled to a refund on deposits within the proscribed time. Even if you decide you want something else they have for sale you should do this. They have no right to hold you hostage and the bankruptcy court has no right to make them.

I agree with the above that this came as a total surprise to the employees, including most of the store management. Not that it''s your problem but this all isn''t good news for them either. Your salesguy almost certainly was not setting you up.

There is a bright side. I''ll bet we won''t be hearing those annoying advertisements for at least a little while.
36.gif


Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver
Neil said it best...no actual money or ring changed hands so there isnt anything for them to lay claim to....its amazing that they are expecting you to believe that rubbish about a store credit....they wont last long with this type of business practice.
 
The rules of bankrupcty supercede many logic protections of your credit. The secured creditors become protected first and everyone else is in the soup. You have a very good chance of cancelling the credit charge, but the rules may forbid it under these special circumstances. I suggest that if you do not want a mounting for some other diamond from your store credit that you quickly get a smart lawyer to represent your interests. Don''t depend on the credi card company to fight this battler as they have no control of bankrupcty procedures. Don''t wait even another day.
 
Sad, but the lawyer would probably cost as much as he''d lose on the CC.
 
But the lawyer may offer the advice that taking something from Shane''s to use the credit is the only option. Doing it before they potentially close entirely would be better than having lost the entire amount. Why not buy a pair of stud earrings and put them aside for a future gift?
 
Date: 1/16/2009 9:06:20 AM
Author: oldminer
Doing it before they potentially close entirely would be better than having lost the entire amount. Why not buy a pair of stud earrings and put them aside for a future gift?

exactly. I probably would not spend the money on a lawyer. If you''ve got one as a friend who could give some free advice on bankrupt law then try them. otherwise, I''m still in the camp of using the credit for something. they do have nice stones when you know what you are looking for. It is a bummer about putting a dent in the ring budget but you can rebuild that hopefully and possible even sort of make it up buy using Pricescope to help you and your gal find your dream ring with very competitive pricing.
 
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