Lawsuit

[LEEHUSTON]

Recently we were doing a wash and fold for a customer and the store got busy and the attendant was not paying as close attention as he should have been. A dryer load of clothes from this order was stolen in the process. We figured that this dryer load was about half the load. I told the customer to make a list of missing items and that we would see about a settlement. He comes in with a huge list of items that I conservatively estimate at about 40lbs. His list totaled $702 worth of stuff. He estimated the amount by using new prices for the items he feels he is missing. The order was only 37lbs in the first place. I really feel he has over estimated and is trying to take advantage of the situation. I did not charge him for the wash and fold, of course, and offered him $200 in cash. He refused. I offered him another $100 and he still refuses. He says he won't take less than $500. I am not offering any more. He says he will sue me in small claims court. Anybody got thoughts on this, do I have a chance?

[Howard]

Since you've lost him as a customer, why not just say he is lying and did not even bring clothing in that week.

[Laundry_Mike]

Don't you just hate it when you try to be fair with a customer, and all they want to do is take advantage of you. They automatically think that because you have a business, that you are rich, and can afford to be taken advantage of. I feel for you. Does this customer have a reciept? Document any evidence that you have. It's basically your word against his in court. You should also be entitled to a depreciated value, since the missing articles were used. (although he'll probably say everything was new, and all designer label garments) Or like Howard said, if this guy does not have a reciept or evidence, you could say he is lying. Good luck - let us know what happens.

[SecretarytoBraveDave]

Definatly a top 10 WDF nightmare!!! I bet a good way to see what the average cost of clothes, may be to weigh your own clothes. Aprrox. 37-40 pounds worth of clothing. Add up what you believe your clothing would be to replace with equal items. What would it cost? If my clothes were stolen while I was doing business with you, I would expect a replacement cost settlement and not a depreciated amount.

As the owner/manager I would want a detailed description of what he thought he lost, name brand and where it was purchased. I'd asked the attendant to remember what ever she could. Many times the attendant will notice the very expensive items and remember any pricy item listed if a list is provided. A customer who drops off laundry and entrusts them to you, has 1/2 the items stolen while under your care, and finds the establishment unwilling to come to a compromise may be more costly in the end. When they rant all over town the unfortunate event to anyone and everyone who will listen may cost you more in the end. This about the worst scenario there is. Let us know how you do.

[Smoke_Some_Kill]

Most know I am a bit radical with such these things as I don't mind paying just to put it behind me, I often just take people at their word and pay cash on the spot. Just today I am settling a 1,000 claim for damages. I don't even believe the guy has a case, but I have now cut a check for 900.00 in compromise for his waiver. My wife was seriously pissed and said I should have thrown him out on his ear. As far as the clothes are concerned, depreciated value is the only way any insurer would pay it, and from my experiences in court it is the same way. The consumer usually gets burned on the depreciation thing, but it is the rule of thumb.

[Jim_F]

Lee,

I've worked in the insurance business for years. It's interesting how the things that were claimed lost are all bought at Macy's and not Wal-Mart.

From an insurance point of view he can complain all he wants. He can threaten to go to court but he will have to file, pay the filing fee, go before the judge, etc. If he has no receipts he has a problem. If he says the stuff is all new, then he should have some receipts. If he says he bought something at a store, call the store and see if they ever stocked that item. Once you can prove him/her in a lie, even a small one, the court will look down on the whole claim. As someone else said depreciation would come into play.

If it does go to court, before going to court go to the local courthouse and run a criminal history check on this person. Every courthouse is supposed to have a public access terminal. If he has any history, then look for charges like credit card fraud, theft, public assistance fraud, providing false info. to a police officer, etc. If the person has anything like this then get certified copies and take them to court with you. Ask the judge if the documents can be entered as an exibit. These kinds of things show in the eyes of the court that the person has a 'dishonest character' and they will look at everything he says from that perspective. /ubbthreads/images/graemlins/grin.gif

I would also write him a letter and restate your offer to pay him the $300.00. Maybe appologize again. Then if he rejects that letter at least you can take the letter to court to show you made a good faith effort.

[SecretarytoBraveDave]

Tis tru, Smokie.......depreciation should be taken into account to some degree. However, you weigh 40 pounds of your clothes and come up with a fair amount. This may effect how you determine whether the amount the gentleman has requested is fair or unfair. Many customers lie and cheat and will take advantage. However, many affluent people use this service, thus the expense of clothing could be more than the regular joe. Depreciation may be something to consider but there is far more than the cost of the loss. Losing the customers clothing in this manor and not coming to a compromise could be far more damaging. No one wants to be taken advantage of, but I know my insurance is based on replacement cost, not a depreciated value. No matter how the courts would view this, is irrevelent. Look at this at a customer level, disregard the customer that may inflate the items. Add it up and think what it would cost you to replace 40lbs of your clothes.

[LEEHUSTON]

We gave the guy half his clothes back. So we are just talking about 20 lbs. of replacement. He has furnished me with a list that I estimate weighs about 40lbs. The orginal order was for 37 lbs. We will see about this one. I already wrote him a letter about the offer. Of course he says he had 12 pairs of Tommy Hiliger underwear at 17.50 a pop. The attendant says no way.

[SecretarytoBraveDave]

Maybe a certified letter from your attorney outlining extorsion is against the law. Possibly an affidavit from your attendant describing the articles of clothing that were stolen, along with a fair settlement amount?

Was the gentleman a regualr customer? Its a shame it has gotten so bad for you, keep us informed!

[LEEHUSTON]

My attendant talked with these people and talked them into taking the money I offered and she even offered to do some free house cleaning for them. I even threw in another free wash and fold. All seems well now. Folks, sometimes I think we under estimate the value of our employees. This attendant was not even the one that lost the clothes in the first place. She says she really likes these people and did not want to lose their business.

[SecretarytoBraveDave]

I am sure since you have told us about her loyalty and dedication that you thanked her for her help during this problem. We have several employees, including myself that go above and beyond the call. We work for a great guy, and do not mind putting more effort when needed. You are obviously an employer the employee strives to succeed for. Kudos to you for knowing you got a great person working for you, great for her to work for a great guy who appreciates her loyalty and dedication. Your business benefits from this type of relationship! /ubbthreads/images/graemlins/smile.gif

[CleanSpot]

I'd sure like to know what that attendant said. It sounds like these were good regular customers, too. I have had to pay claims for things I really didn't think were our fault but the customers were good longterm ones and still are so it was worth it. However, when it is our fault, I pay pretty much what is asked, although I do ask for a receipt. this claim however, did seem excessive. I would make a note, perhaps in front of the customer of what is in the order BEFORE doing it. This is a pain, but he'll get the point. Also, Better Business Bureau or the Dry Cleaning Asoc. has a list of garments and a depreciation chart you might want to get just for reference.

[BabyBubbles]

Don't be scared ,, I hav had threats of lawsuit, BBB, never went anywhere..never happened... I am always waiting..

First of All, I have had that problem 3 times. My attendant was busy and someone took the clothes out of the dryer on a busy sunday. first time they took by mistake and returned, 2nd time they took it all and never returned, 3rd time they took half of it.

Well the customer who lost his whole bag still remains my customer and this was recent, I thought I had lost him . His clothing was 37 pounds, Well after apologising over and over. I offered him 200 dollars cash and $50 store credit . I was willing to go as far as 250 cash and 50 credit. he got a bit upset after I offered and I truly felt bad. I was willing to change but he never called back.
First of all How much do u charge per pound?
i charge .70 cents so at 37 lbs it was 25.90... Well he had his clothes picked up by us last week and paid. He has not picked up his money becuz i was not around....

Do your tickets have the conditions on the back that you give to the costomer stating that you are only allowed to pay the maximum of 10 times for processing it So when I have a problem I go based on that and ask them to read the back of the ticket. I state to them that in the eyes of the law that is what I have to pay them in court or otherwise.Sometimes I might go a bit over if it is a regular customer , who is not ignorant.

I have had a few situations in the WDf area and I must say out of lets say the 10 customers that there was a problem I have lost 1, the rest have all returned...Always remember to apologise and say how sorrry you are and how u appreciate them..A customer likes that. That one customer I lost was becuz at first her sweater got accidental bleaching and the next time 3 months later, she told her husband to ask the attendant to dryclean a wool dress and put softener in it so my attendant told her husband that they do not put softener at the cleaners so he told her to wash it and hang dry it, it was a very itchy,prickly dress...so my attendant said okay but the dress shrank. I told her i was not responsible...clearly she knew the dress should not have been washed...

P.S. Another solution get a pretty manager to smile for you and do your dirty work.....It works I know becuz I am the manager who takes care of all my Boss' dirty work...surprise and he loves me for it and my customers alwys come back......I treat them like they are my friends and I love them.

[SecretarytoBraveDave]

You may have better luck by replacing an attendant who makes so many mistakes. You have had so many problems, I would be hesitant to bring my clothing to your attendant. It sounds as if it is a risky chance of whether you will recieve a good service with this worker. Word of mouth could easily kill your WDF service.

[Laundry_Mike]

I'm always looking for young pretty managers to smile and do the dirty work. /ubbthreads/images/graemlins/smirk.gif

[BabyBubbles]

Well in the honest truths of it , I have had to replace about 3 workers with the same problem...not only that my self service customers, many of them are rather untrustworthy...that now I have to input surveillance cameras...I do though have approximately 4 out of 6 good workers ..the other 2 are about to be exchanged....I have tremendous faith in my Wdf than you do .... At this point in time, it is growing and it gets busier everyday and whenever a problem happens we implement a new procedure so it does not happen again....also I have a lot of faith in my Wdf customers..they treat my employees well throguh tips and gifts so I do the best I can for them....

[BabyBubbles]

not trying to start any trouble..lol

[Laundry_Mike]

You're no trouble, welcome to the forum. /ubbthreads/images/graemlins/cool.gif