Beaverfloor - trying for refund better than risking inferior floor

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Thank-you to David Hunter and Beth Rinaldo (and fellow BeaverFloor victims) for posting all the information about ways to fight the BeaverFloor / Earthfloor deceptions and fraud. My husband and I have recently joined the ranks of those cheated by Neal Martin and BeaverFloor, paying almost $6000 for 980 sq. ft. of "Trinity" Jatoba engineered flooring that was "ready for shipment" back in April 2003. Neal Martin came up with every sort of excuse for the delays in shipment in the 10 mos. since our order, ignored our verbal request for a refund in Nov. 2003 and finally has became unreachable by phone. After reading all the postings at Complaints.com, I called a gentleman in our So. Calif. area who actually got flooring but then had a nightmare experience with it delaminating, losing its finish, expanding/bubbling/popping up etc. I realized we were LUCKY that no flooring had ever arrived after speaking with him! We will be pursuing whatever legal recourse is practical and contacting the Attorney General's Offices and the Office of Consumer Affairs in Georgia, plus submitting a complaint to the Internet Fraud Center (http://www.ifccfbi.gov/cf1.asp). We also contacted the investigative reporting team at Fox News in Atlanta, GA, and received a nice reply back. (Maybe our concrete floor will be on TV someday!)

(excerpt: "Thanks for your e-mail. We're already aware of the problems regarding BeaverFloor. We've been keeping our ears open for upset customers a little closer to us. Perhaps we could arrange for a California television station to interview you about the company and your experiences. What stations do you get there? Is there a particular FOX investigative or consumer reporter you like to watch? ....
We're in the middle of several other projects right now, but I wanted to get back to let you know we are interested in this. Randy Travis, I-Team reporter, Fox5 Atlanta" )

Also, just to bring the saga up to date, here is an email thread where for the first time Neal M. replied to an email from us. best of luck to you all - Debra and Peter McClurkin (mayweed42@eudoramail.com)
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[the messages make more sense if you read from the bottom up, in chronological order]


1/9/2004 4:36 PM

Dear Mr. Neal Martin:

After numerous changes to the expected shipping dates, and being strung
along throughout the last 44 weeks, I no longer believe that you can or will
deliver our specified order with the product as advertised. While
anticipating the arrival of the floor each month, for the last 10 mos., I
have been unable to complete my remodeling project, leaving the living room
and master bedroom empty and virtually unusable. Therefore I stand by my
cancellation and am not interested in yet another imaginary ship date which
will come and go, just like all the others.

Your web sites at Beaverfloor.com and earthfloor.com (same IP no.
216.55.167.32) promise "we will refund your original purchase amount within
30 days, depending on your method of payment" for hardwood flooring
cancellations on amounts greater than 200 sq. feet. I expect you to live up
to this 30 day time frame not only because it is the advertised promise of
your business but because you have been ordered to keep this promise by the
Attorney General's Office of New York. The seriousness of that court order
should be enough to make you adhere to your stated business procedures even
though you now are located in the state of Georgia. Therefore I stand by my
demand for full payment of $5978.00 by certified check by 02/10/2004.

Peter McClurkin
P.O. Box 5477
Santa Barbara, CA 93150-5477



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----- Original Message -----
From: Neal Martin
Sent: Friday, January 09, 2004 1:40 PM
Subject: RE: order cancellation and refund request


Okay.

Now. Our policy is 30 days for a refund, reality is lately closer to 60.

This can ship 100% by the 16th to 21st.

I have never lied to you, Peter, I have told you every step of the way what
we had encountered.

To get this close, well it would be a shame in my opinion.

N


-----Original Message-----
From: McClurkin
Sent: Friday, January 09, 2004 4:29 PM
To: bigbeaver@beaverfloor.com
Subject: order cancellation and refund request
Importance: High


9 Jan. 2004

Dear Mr. Cornellius Martin II (or Neal Martin):
CC: Beaverhome.com
EARTHFLOOR.COM
BEAVERFLOOR.COM
IMAGEKITCHENDESIGN.COM

As you know, you have promised to deliver 980 square feet of Platinum
Trinity engineered flooring (4.5" wide by 3/4 inch thick Jatoba Clear
Natural) by 6 June 2003 (ETA:4-6 weeks shown on invoice # CG300168 dated
4/24/2003, ordered 3/4/2003).

In good faith I paid you $5978.00 on 4/8/2003 as I trusted you and your
company to provide the promised goods by the promised time. You have had my
money for 44 weeks. You have failed to follow through on any promise given:
neither providing shipping tracking numbers, written order status, refunding
money when I requested it by phone in Nov. 2003, or returning calls or
emails.

I am hereby cancelling my order in writing and demanding full payment of
$5978.00 by 02/10/2004.

You can send payment to the following address by certified check:

Peter McClurkin
P.O. Box 5477
Santa Barbara, CA 93150-5477

Sincerely,
Peter McClurkin