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Levitz Furniture Corporation Informative - No delivery NO money - SOFA

SOFA
Review by NAHR2 on 2006-01-06
PENNSYLVANIA -- My Husband and I had put money down on a sofa at the Downingtown PA Levitz. Delivery was to be made the day after settlement in our new home. Which would have been on October 20th or so. We visited the store to make our final payment only to hear the delivery date was changed. That was not acceptable so my husband canceled the order. They stated corporate would send us a refund check for the money put down via check. Again my husband said that was not acceptable. He did not pay corporate he paid the store. I found out from the girls that Levitz had filed Chapter 11 at that time. Knowing this , they were still accepting purchases and money, credit cards etc from customers while I was standing at the Customer Service Window. Time went on, and we still had no refund check . They continued to change the dates for mailing. Today we called only to find out Levitz changed their policy and will not refund any money. But will issue credit? Credit for what? They claim there are stores still open in New Jersey where we could use the credit? Or we can go on line? On line? Please, the links to add to the cart do NOT produce anything? Imagine that? Also we called the store and they said we have to have the original bill? Excuse me? WE have the cancelled check and we also have the order number. Customer service imformed us we only need the order number because the system shows the credit. The gentleman in the NJ Store states he doesn't have access to such? Sounds like the run around to me. We also have the option to file with the Bankruptcy court in NY? Now you know we will never see a penny. Yet Levitz is continuing to advertise on their phone lines for consumers to buy? Isn't that Fraud? Wasn't it fraud back when they were taking money knowing the consumer would never see a product or their money back? Levitz has been turned over to a financial management firm. I do not know if many are aware that Levitz filed Bankruptcy. It started as Chapter 11 , but it may have now gone to 13. No one is going to see their money or the product. LEVITZ took the money and NEVER paid the Vendors for your purchases! They too, tried to sell us the floor model...without a discount! Hey, people sat on it and kids jumped on it....We paid for something BRAND NEW....it is a shame that a CIVIL Law Suit cannot be filed or can it?
Comments:
Posted by classl on 2006-01-06:
Levitz was bought out of bankruptcy by a new
owner. On their website, the new owners
say they will honor previous orders, so you should probably contact them. Here is the address of thelink:
http://www.levitz.com/common/corporateinfo/default.asp#65

If you want a refund, you may be able to file a proof of claim in the bankruptcy, but I am not sure if the time has expired. Consumer deposits
are entitled to "priority" treatment in bankruptcy, which means they get paid before other "unsecured" claims, i.e. any money owed that is not the result of a "secured" loan, that is, a loan, such as a mortgage, where collateral was pledged against the loan. I am actually a lawyer that represents consumers in class actions and have brought claims on behalf of classes to recover deposits from bankrupt companies, but you rarely get back the full amount of the deposit. My guess is you are better off contacting Levitz and asking for delivery, which may take some time, but at least you should get your product.
Posted by guchiedad on 2006-01-06:
First of all, let it be known that I am also on the top of the list of Levitz-haters. I was also waiting for a refund, but I accepted the fact that it is not illegal for Levitz to continue to sell while under Chapter 11. It's technically not bankruptcy, but just protection from it. I was upset, because I assumed I would never see our money again. It was a painful battle, but we eventually got our refund after many various threats to them. You need to keep at it...
Posted by rak on 2006-01-17:
i too have had a recent refund problem with levitz. i put a down payment on a purchase which was never put towards my purchase or ever refunded. so in effect my down payment became a 'gift' to levitz through the recent bankruptcy shuffle. this seemingly amounts to corporate fraud...so maybe someone is gathering together a class action suit. if so...please let me know (supermogul@hotmail.com).

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