Saturday, October 31, 2009

Monday i received a letter of intent to sue me by one of my wholesalers for nonpay.?

Tuesday, i sent a letter of intent to counterclaim for price gouging.
Wednesday, i received a reply letter asking if this matter could be handled out of court and very discreetly.
Thursday, i sent a letter stating no, i wish for this matter to go to court.
Friday i received a settlement offer.
Today, I still wish to take the matter to court.
Your opinion?
And yes, this actually is taking place.
Answers:
First of all, did you know the price of the goods when you purchased them? If so, you are ON THE HOOK for the whole amount! If not, make a counteroffer to the offer of settlement and SETTLE. You owe them something, you cannot have the goods for nothing, you cannot benefit from a contract without some sort of payment. And believe me, there's a contract here, whether it's in writing or not. Settle babe, SETTLE.

Ok, now that I see your further details, that price increase was OUTRAGEOUS and illegal, and you were blindsided, suckerpunched by these pieces of work who pulled this crap. I still don't understand why the price wasn't fixed before the transaction was made. In any event, you guys seem to have what is called a "course of business" and they have to stick to it, they have deviated way too far from the course. You should countersue, and sue for punitive damages. Also, sue for costs, in other words, they must pay your legal fees as the result of forcing you into bringing a lawyer into it. Infuriating. Good luck.
Sounds like they were trying to 'legally' blackmail you and you called their bluff. LoL! Good for you!!

I say if the settlement is decent go for it, don't waste the courts time. Unless the gouging was outrageous then other people need to know about it, because they may be other victims as well.
You should first determine if "price gouging" gives rise to a civil suit. Ordinarily, people are free to negotiate whatever price the parties agree to.
screw em and the horse they rode in on!
I hope you contacted the State Attorney's office also.

I'd take the settlement under the condition that they can still be charged criminally.
If you think you can prevail with a better outcome in court you should go for it.

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