Rant Uppercase Demonstrator Mia With My $$$/Sorry so Long

[amorris]

I recently attended an UpperCase Living party at the home of my sister-in-law. The demonstrator has, at one time or another, sold almost all direct sales products. I have purchased things from her in the past without any issue. She asked me to help her by hosting a party in my home as she is having a hard time getting her business going.

Long story short...$500 party (thanks to my great customers, friends, and family). The party was 02/28 and for the month of March, she told me my ENTIRE order was backordered. Finally, last week I called UpperCase who could not find me in their system as a host (no order has been submitted). Lots of lies later, the demonstrator admitted she had spent our money on her bills and could not pay for our products.

UpperCase is willing to give us our products with a receipt and proof of payment. Only half of my guests were given receipts however, they paid her with a check (thank God). I paid her with cash and now realize that she never gave a receipt to me for my order (Uppercase, again, is willing to CONSIDER working with me).

My question is, are there any criminal charges that I can file? Even though, we are getting our product, I dont think she should be able to get away with doing this to my friends, family, and customers. What do you guys think??

Sorry so long

 

[NooraK]

I'm not a legal expert in any way, but I would think that if someone takes your money and does not give you the product it was supposed to be for, that would be considred theft. I would contact your local Police Department, and I'm sure they could answer what your recourse is.

 

[wadesgirl]

Wow! Start writing down every conversation you have with the consultant and the company and call the police.

 

[Sheila]

You would probably have better luck in civil court. Theft is usually defined as having "intent" to deprive the owner of property. So in a criminal court, you would have to prove "beyond a reasonable doubt" that she had the intent to deprive you and your guests of the property when she took & spent the money. In civil court, if theirs a chance that it's true (a preponderance of the evidence) then it's likely that you would win. If the company provides you the goods, you have no criminal case, as you technically haven't lost anything. But in civil court, you could still claim the hassle & time spent trying to recoup the investment.(((Hugs))) Sorry that you are dealing with this.

 

[Sheila]

Added note ... If the police refuse to take an "offense" report, request an "incident" report.

 

[smart2cook]

On another note, I would also be contacting their home office and informing them that you will be contacting the Attorney General's office and Fair Trade Commission as this DS business has (is she active with their company?) or do they show that she is with their company?-she is "rogue" stealing from customers and it is their duty to prosecute her.
I have heard of companies doing that themselves and replacing the items to the people. It is their Company Name and she represents them to the public!

 

[amorris]

This is certainly my lesson learned. I will no longer buy DS products unless they are willing to take debit (she is not). At least then, I could have recouped my money through Visa. BTW, my customers are relieved when I enter their order directly into my laptop and show then that their card number is blocked for privacy. It is great that Pampered Chef does that for the consumers and the sellers.

 

[BethCooks4U]

There are consultants like that in every company unfortunately. I have heard of PC consultants who have done the same thing you describe.

Other creative financing creates red flags for customers too:
I have a customer whose friend/co-worker signed (not under me). My customer bought from her and when she didn't get a receipt requested it several times but still doesn't have it. She also said that she could never come up with the same total the consultant came up with and feels very uncomfortable about the whole thing and says she will not ever order from her again. She just did a catalog show with me and was very upset because co-workers refused to pay the shipping because xxx didn't charge it. She was upset because that makes her job of distributing the products harder since they won't have receipts.

Now this example isn't the same as out right stealing the customers' money but it is still wrong. When we get creative we make people uncomfortable and we complicate future interaction with our customers, especially if they need to use the guarantee.

 

[Chef Endora]

I attended a TS party at one of my PC host's home. The red flag should have been that she would only take cash or checks. We were issued receipts. The host finally contacted TS and they honored all the sales. From now on....just using a cc for these parties and check my statements closely.

 

[lesliec]

Sorry this happened. Really glad that the company is working with you guys and honoring the orders.
On the comment of other DS people not accepting credit/debit cards. I was with another DS company for a while, and we had to pay to accept debit/credit cards, and then it also took out a percentage. I didn't do much in sales, and finally quit paying and accepting, so don't necessarily judge them on that aspect.

 

[pcsharon1]

Sadly I had a recruit do this several years back. Pampered Chef handled it exactly the same way - anyone who provided a receipt or canceled check to the company got their products. The thing that I found most annoying out of the entire situation - because the consultant never admitted that she spent the money, in fact, she simply stuck to the story that she didn't know why the company wouldn't honor her order and that she had paid with a money order (this was back when most of us still mailed our orders in) and that the company who issued her money ordered refused to cancel the money order and refund the money for three months - anyway, the thing I found most annoying was that the hostess from the show this happened with was a past hostess of mine and had hosted several shows before the one she did with me and chose to believe the consultant and badmouthed PC - even though she had several very successful shows before this one. She chose to believe that the company had simply taken the money and refused to process the order.

 

[chefann]

What the consultant did is considered conversion, and you can take her to small claims court. I had this happen to me, almost exactly, with a Tupperware rep several years ago. I got the runaround from her for 6 months. Finally, when we were at the courthouse and given a last chance to settle things before going in front of the magistrate, she admitted that she had cashed the checks and used the money for rent. She did eventually pay me the money (for me to disburse to my friends and family), but one of the checks (she paid me in 2 installments) would have bounced had I not taken it to her bank. I do hope you get some resolution. When I contacted Tupperware in the middle of my saga, they didn't respond at all. Even if they send you and your guests the items that you ordered, take the rep to court. She needs to be taught a lesson about stealing.

 

[scottcooks]

High road option:What about holding the rep directly accountable? Have you spoken with her since the confession? Be a positive role model of what DS professionals do--help her simply solve the problem. You'll feel a lot better about life and people in general, and not have the strain and pain of litigation. She can hold a garage sale, ask relatives for help, pay your customers over time. There are lots of solutions.Surely she had some concept in mind of resolving the finances. If not-and you determine malicious intent, then prosecute. If she is just way financially loopy, you sitting down with her and a legal pad could be a life turning point for her.Just a thought.

 

[Sheila]

I agree with Scott, some people are just financially illiterate and really don't understand how to balance books. I tell all my new recruits that if they can't keep their personal finances and PC money separate in their head, then they need to do it in separate accounts. I use Microsoft Money, so I know when I deposit _____ amount of checks & cash from customers that I have to pay that same amount to PC and that it's not my money to spend. Some people seriously do not understand that they can't spend the money & input the show later when they get paid. Years ago, we had a Girl Scout leader in our city who used all the cookie money to pay her bills and then didn't have it to submit to the company. It doesn't always mean that there was "intent" to take the money and run, it's sometime just a lack of knowledge on how to budget.But then again, you have the morons out there who do know better and are looking for a new sucker every day. So you have to determine which situation you've encountered. If you let a guilty (by intent) person off the hook, you are only enabling them to continue the pattern. If they don't pay the consequence, they've not learned a lesson.

 

[amorris]

Oh, Wow Scott and Sheila you guys are great. You have the patience..... enormous patience. I, however, do not. I have tried to be kind to her but she refuses to accept any responsibility in this (i.e. "They must have drafted my rent, I made it right today, your order is on its way" The order is not on its way and has never been.) Lie after lie after lie and countless hours of my time have been spend trying to get to the bottom of this, not to mention gathering everyone's orders and proof of payment from those at my show.

I did go press charges against her yesterday, it is called Fraud by Obtaining Property by False Pretenses. Amazingly enough, today I got a call from UpperCase stating she had made a payment and submitted my order (under someone else's name???????) but my order will be shipped to my address tomorrow. I agreed to drop the charges if I get all of my products, as ordered. Thanks guys for the forum to rant.

 

[pcchefjane]

Amazingly enough, today I got a call from UpperCase stating she had made a payment and submitted my order (under someone else's name???????) but my order will be shipped to my address tomorrow. I agreed to drop the charges if I get all of my products, as ordered. Thanks guys for the forum to rant.

That is nuts! Wonder if that person will now have a "lost order" since she submitted yours under another person's name! I would still prosecute her for the time, etc.! Judge Judy would nail her to the wall! LOL!