Circuit City - The store manager intentionally exchanged the warranteed, factory defective VCR I purchased for a known to him, previously sold and returned-as-defective VCR. He not only represented to me that it was a NEW unit (not true), but added it was

Circuit City - The store manager intentionally exchanged the warranteed, factory defective VCR I purchased for a known to him, previously sold and returned-as-defective VCR. He not only represented to me that it was a NEW unit (not true), but added it was a slightly more expensive unit but he was doing me a favor by not charging me the difference to make up for my inconvenience (not true - It was a less expensive unit).

CIRCUIT CITY FRAUDULENT?

Can anyone out there tell me if this is criminal fraud? The store manager intentionally exchanged the warranteed, factory defective VCR I purchased for a known to him, previously sold and returned-as-defective VCR. He not only represented to me that it was a NEW unit (not true), but added it was a slightly more expensive unit but he was doing me a favor by not charging me the difference to make up for my inconvenience (not true - It was a less expensive unit). Further, he gave me what I consider an inferior brand from the Sony I purchased, intentionally disguising this fact by triple wrapping it in plastic bags, leading me to believe he was keeping the box in order to return my original purchase to the manufacturer. I have been trying, since April, to get this straightened out. Their employees' first response is one declaring an understanding of the injustice done but then, for whatever reason, they are not allowed to conduct further communication with me.

Further, the manager who committed this act of what I consider criminal fraud or something else illegal, certainly unethical, was reported to me as being immediately removed from his managing position, now working in a completely different city, part of the state. Yet Circuit City continues refusing to even respond to my repeated complaint and I still do not have a working VCR. Is this FRAUD and what can I do about it if it is? It seems it should be illegal to replace a brand new VCR, under warrantee, with one the store KNOWS is defective, will not record, play back, defective timer, etc. - reportedly because the store manager was unwilling to go through the hassle, paperwork, of returning the replacement VCR to the factory and chose to, instead, pass it off to an unsuspecting and naive customer.

Please read the following correspondence as part of my attempt to get this issue settled over the past 8 MONTHS, while I have been deprived of a working VCR: W. Alan Mc McCollough,

C. C. Corp. Hdqrtrs Complex

9950 Maryland Dr.

Richmond, VA 23233

June 9, 2004

Dear Mr. McCollough:

On Dec. 27, 2003, I purchased a Sony VCR from Circuit City (CC), store #250. It had never been previously owned but was a floor model, so no box, and had no remote of its own. The remote I was given belonged to a different Sony, boxed, from the back. I paid cash. I was told if I came back within 30 days, with an additional $20 payment, I could still purchase the 5-yr extended warrantee - which I did. I taped more than 80 movies, shows, for my grandchildren, including 14 PPV movies at $3.99 plus tax, each, on 20 separate tapes. Until I gave them to my grandchildren and they put them in their VCR, I did not realize there was a problem with recording on the Sony. When I examined it, I discovered the deck that holds the tape while recording was set at a slight angle - which also explains why it was always so difficult to get tapes in and out. I had assumed it was just because it was new and a tight fit. I made the discovery prior to the 30-day return/exchange time was up. Because there was nothing wrong with the remote, I left it home. The 18 or 19 year old salesman was unable to comprehend that, a.) the remote was not originally part of THAT Sony's factory package, and b.) because there was nothing wrong with it and all Sony remotes work with all Sony VCR's and since the defective VCR would need to be returned to the factory, they could simply keep and return the replacement VCR's remote and ship it back with the defective unit.

He refused to make the exchange until I came all the way back with both the remote and VCR, even after I explained that the reason I had a walker was because I had to nonunion broken feet and a heart condition that had required a total of 5 heart surgeries during the last 2 years and that it was a minimum of 6 hours, round trip, needing to 1) walk 2 blocks to bus #34, get on with the aid of the lift that makes everyone in the bus upset because it takes so much time, 2) getting off the bus, also requiring the lift and more angry passengers and, usually the bus driver who's running behind schedule, 3) walking 2 blocks on my now swelling broken feet to bus #51, 4) using another lift to get on, 5) getting off, again via the lift, 6) walking 1 block to either bus #81 or #67, 7) getting on that bus, again with the stupid lift, 8) getting off, 9) and, finally, walking the last 3 blocks to Circuit City. The only difference between the ordeal there and back is that, on the way home, there is an added 2 blocks walk between bus #51 and the bus that takes me for my last 2-block walk on, by now, very painful feet that also seems to negatively impact my already off the charts blood pressure when I have had that much hassle from the Circuit City salesman.

Such a trek, even if he had treated me with respect and taken the time to take his earphones off and actually listen to my problem with the Sony, takes a great deal out of me. …

On April 23, 2004, I returned, via the same route as above. By the time I got there I was not feeling well, at all. I had to take a second nitro and sit on my walker. The sales lady at the counter said she could no longer simply exchange it for another unit because of the time delay, in spite of my explaining I HAD try to return it in a timely fashion, once, and why the second attempt had been delayed. She also explained it would bee some 4-6 weeks before I would have another VCR to replace …. She called the store manager, Randy Strain - a young man who seemed easily rattled, fidgety, for some reason, after he returned with another unit he had agreed to exchange. He even made a point of repeatedly explaining that he did not have another model of the same VCR. He said that this one was actually a more expensive model but that he would not charge me the difference and acted like he was doing me a HUGE favor. Foolish me. I believed him. I couldn't thank him, enough, for being so considerate, so accommodating to my health issues. He had triple-wrapped it in plastic bags - presumably to protect it because, I assumed, he had kept the box to ship the defective Sony back to the factory.

It took me over 4 hours to get home …. When I got there, I immediately dug into the plastic to set it up and start taping replacement movies. That's when I discovered he had replaced my Sony with a Panasonic. I HATE Panasonic. I immediately called Circuit City but they said he was out to dinner. They promised he'd call back as soon as he returned. I stayed off the phone and waited until 9 PM. He never called.

The next AM I called and left, altogether, 6 messages that day for him to return my call. He never did. I called again Sunday and he never called back. I called, again, Monday. After about the 3rd call, someone finally told me he was off until Wednesday and HAD been since Friday - the day he made the exchange. Meanwhile, I had tried to use the stupid thing rather than just going without. That's when I discovered it couldn't consistently be programmed to tape shows (would start, sometimes, then turn off after only a few minutes instead of tapping for the entire hour, sometimes not even start, tape the wrong station, etc. It also usually makes this obnoxious sound - like cockroaches during breeding season (UC Davis zoology class is ONLY place I have ever heard that sound!). It also records by rolling, sometimes fast, sometimes slow.

Putting the tape in a second VCR, it still rolls, makes the sound. It ruined the front half of a used tape, a second tape, and a new tape. Because they STILL have done nothing to take care of the problem, no even returning calls when they promise they will, I am forced to use this stupid thing. So I have the equivalent of a radio so I can at least listen to my soaps. I can't tape movies for my grandchildren on it. Occasionally it only rolls periodically. So I can watch it. I have tried pause, stop, tracking adjustment, etc. Nothing stops it from rolling when that's what its in the mood to do. And it records it that way. I have taken out the wrecked tapes and used a second VCR to tape over the second half of tape. The second VCR tapes fine - both on used and new tapes - except on the part previously wrecked by the Panasonic.

I did finally speak with Randy Swain, explaining what had happened, even asking him why he substituted a Panasonic for my choice of SONY without even checking to find out if that was acceptable switch of brand. I explained I never would have left the store with a Panasonic. He stated, several times - and quite sarcastically - that I was lucky he had even made the trade, especially for the "much more expensive" unit! that he didn't even make me pay the difference on - out of courtesy? (I guess he didn't realize that the receipt would show the cost difference was only $3.00! - HAD THE PANASONIC BEEN A BRAND NEW UNIT!) Further, I was getting absolutely nowhere with this extremely rude, pompous kid … I called and spoke with another salesperson who check out what had actually happened to better help me get it straightened out, then hopefully return me to the previously very satisfied Circuit City customer of 14+ years …

This person did find out some interesting information. …Come to find out, it didn't HAVE a box. Come to find out, it was a previously purchased VCR, returned as defective by the previous purchaser [though he represented it as brand new]. Come to find out, Swain triple-wrapped it, not …to protect the unit since he had kept its box to ship the other Sony back to the factory in, but hoping I wouldn't notice it was a Panasonic instead of a Sony, Come to find out, it had not only been returned as a factory defect, but it had never been sent back to be repaired…. Apparently, he also felt it was so much hassle for me, with all my health issues, to bring it all the way back, and I would just drop it. He would only agree to ship it off for repairs that he stated would mean me going without any VCR for between 4 and 6 weeks before it was repaired, returned, or sell me a new Sony for a minimum of $30+ more, plus tax, plus still more for the extended warrantee that I had originally paid for, that he subtracted off, even though not returning the $19.98.

After finding out why he was so eager to exchange this much more expensive VCR for my Sony …I called the 800 Circuit City number. First I spoke with … Claudia. She understood, including the logic behind my not originally thinking I needed to bring back the remote as long as I was willing to let them keep the brand new one, still in the box. She also had very logical solutions to the current situation but wanted to speak with Strain and get his input on solving the dilemma. In the return conversation, she explained she had him on a 3-way call line and was hoping to be able to work out a reasonable, acceptable solution for all parties if that was OK with me. I agreed to the 3-way, as long as she would remain on the line, in case he got nasty, again, and started yelling, threatening me, again. I had explained how obnoxious he was the first time and that I was no longer willing to subject myself to such abuse by such an egocentric jerk. I naively assumed that, with a witness, he would talk more respectfully, not threaten or try to further intimidate me, be more willing to bee reasonable. Problem: He was assaultive, verbally abusive to both of us from the beginning. When she VERY gently, VERY diplomatically, pointed out appropriate Circuit City policy solutions, he escalated his abusive comments to her and me, not caring in the least that both of us were listening. He not only yelled at her, being EXTREMELY disrespectful, condescending, to this very sweet and more than accommodating woman, but also threatened her, making it sound like he had so much authority he could demand she be fired on the spot. …

I actually had to pop a nitro while waiting to speak to Claudia's supervisor, Kenny, to make sure he knew what REALLY happened, not Strain's spin on it to nail Claudia for not kissing his backside. Kenny was very polite and assured me she would not be fired.

Still, nothing was done because she did not have the authority. The next person I spoke with was named Diane. She called me after having spoken with Strain. It seemed obvious she was willing to ignore CC policy …. Further, at this point, I had also realized they did not transfer the extended 5 yr. warrantee from the Sony to the Panasonic, did not return the $19.98, nor did he begin the date of the warrantee, effective the date he handed me that piece of junk. Further, I DID point out that I tried to get hold of him on Friday, the second I got home and discovered he had switched brands without my knowledge or permission, that it WAS, in fact, defective and that he had handed it to me, fully aware of both these facts, and that I was entitled to exchange it for a new one within 30 days. That is when he got REALLY nasty.

After realizing Diane Beverly (1-800-251-2665, ext. 546780) had no intention of handling the situation in a fair and appropriate manner, I called back - same number - hoping to get a different customer relations rep. This time I spoke to a very nice lady named Donna (ext. 543223). She agreed Swain was totally out of line and saw the logic behind my suggestions, conclusions. She promised she would follow through and take care of it, then get back to me … Only she did not call back when she promised. Not wanting to bug and possibly agitate her, I waited patiently. But I was getting more and more upset, partly as a result of trying to watch rolling taping, backing up, pausing, FF, stopping, turning off and on, to try to see some important scene without it rolling, even for a split second!, though usually so brief I didn't even have time to focus.

So I finally called her back and left a message on her person machine. She still didn't call. This went on for over a week before I finally called and asked to speak to her supervisor, Niquita Bailer. She, too, was very polite. We had what I then thought was a very productive, mutually acceptable conversation. She explained that, due to a personal emergency, Donna had been forced to take time off work - perfectly understandable. Niquita promised she would get together with Donna, then get back to me on Monday with a solution. She promised but, again, another CC employee did not follow through. I did not get her last name nor her ext. number because I trusted she would keep her word and call me back on Monday. Not wanting to appear pushy to her, either, I gave her a couple of days extra, assuming that, perhaps, Donna had not returned, yet, or they were still trying to find an acceptable solution. I had told them I was not asking for anything other than a new VCR - one in a sealed box so I could trust that it was not another returned, defective reject. I was willing, at the time, to wave the cost of all 20 ruined tapes and 14 PPV charges, the time lost recording some 80+ events recorded by the Sony on those 20 tapes, even the cost of the tapes the stupid Panasonic Strain should never have sneakily slipped in. So I really did not understand why it was turning into such a big deal.

Finally, I started calling around, including different CC numbers (e.g., 1-800-871-2761). No one had a clue who Niquita was. Some said no such name was on their employee list. Finally, I spoke with a very nice gentleman named Ryan. I explained everything to him and he, too, understood my frustration with the way Strain had inappropriately handled the situation, agreeing that my suggestion was more than reasonable, especially considering the circumstances. He also understood why I was not willing to subject myself to further unreasonable, futile arguing with Diane Beverly. He found Niquita's last name, knowing which Donna I was referring to, …. He supplied me with Niquita's ext. number. He also gave me an incident number - IM13732. I have been calling and leaving messages on both Niquita's and Donna's machines ever since. I have left nice messages, anxious messages, flustered messages, and the most recent that included a promise to inform W. Alan McCollough, …of the details of this absurd situation…. I am still being completely ignored.

At this point I have not had a correctly functioning VCR since Dec. 27, 2003. The store manager, Randy Strain, knowingly sent me out of the store with a …defective, unrepaired, returned VCR [represented as brand new] that was not even the same brand as I had originally purchased. He snuck it in, presumably knowing I would reject what he was unloading onto me, or he would have asked if such a substitution off brand, not to mention defect, was acceptable. It is my opinion that he felt he would get away with such an intentional deception, based not only because of my age, the hassle of going back and forth to CC, and the impact of such hassles on my health, assuming I would not be willing to pursue a just and fair conclusion or hold him accountable for his illegal actions, but also the fact that he had the power of an entire corporation behind him so he could just do as he pleased, no matter what the consequence. After all. It would save him the annoyance of filling out paperwork for returning TWO factory defective VCR's. Any inconvenience, any loss to me was certainly worth sparing him such devastating hardship. Right?

At this point I want not only a new, comparable VCR to the Sony originally purchased (just same value, not some super-dooper model), but compensation for all other expenses Circuit City has cost me in money, time, inconvenience and other reasonable damages intentionally put on me by the employees of Circuit City. I want to be fair. But I am no longer willing to stand by and be patient. It is going on 8 weeks since he passed off this piece of garbage and expected me to be grateful for his intentional deception for, presumably, the mere fact it took him ten seconds to conjure up the scheme. I have no intention of continuing to feel ignored, dismissed as irrelevant, be taken advantage of just because he feels my health can't handle sticking up for myself. ….

Thank you, in advance, for your time and attention to this matter.

. Sincerely, ....

ONLY CORRESPONDANCE (in response to 5 months of e-mails, phone calls, reg. mail)

From: Email User

To: Email User

Thank you for writing to Circuit City.

We seek to ensure all customer concerns are reviewed appropriately. I apologize for any inconvenience caused. As one of the nation's leading specialty electronics retailers, we attribute our success to a superior service commitment. Regrettably, like any enterprise, we fall short of our intentions on occasion, and customer feedback helps us know of shortcomings. Your message will be reviewed with the management team to ensure that any associate shortcomings are appropriately addressed.

Please be assured that your message has been forwarded to the Corporate Customer Support Department. Please quote the Call ID number or IM number provided at the end of thise-mail for any future correspondence. Thanks again for writing to Circuit City. Your continued patronage is important to our company. We hope to have the occasion to serve your future consumer electronics, home, office and entertainment needs.

Sincerely,

Gavin P.

Customer Support Coordinator

Contact ID Number: 519296

Call ID Number: CALL145852

IM Number: IM13732

…EMAIL_ADDRESS:

DATE_SENT: 06/10/2004

TIME_SENT: 06:15:12 PM

…MESSAGE: W. Alan Mc McCollough

________________________________________________

ADDED June 11, 2004:

Dear Sirs:

First, I will be adding this as a trailer to the letter addressed to Mr. McCollough. …

Second, thank you for responding. You are the first who has shown any appropriate response in 2 months. However. I must add that on Friday, June 11th, I also received a phone call from someone claiming to be a manager. He said he, not Randy Strain ..., was manager - that Strain was only the manager of Florin Rd., Store #250.

This phone call was not a pleasant one and furthers my conclusions as to new policies apparently running rampant at Circuit City (CC) - changes not for the better. I had become quite spoiled with even the largest problems being handled with such courtesy, such professionalism, and in a timely fashion. That policy certainly appears to have changed drastically. …

As I said, this man, …, called Friday, June 11th, around 6 PM. If I had to guess, he had either not read the letter sent to you and others or had not paid attention to its contents. Why do I say this? You see, he started out the conversation in a tone that suggested I was being absurd in my anger over the fraud committed when Strain gave me a knowingly defective Panasonic instead of a working Sony. Second, he accused me of being inappropriately upset after Strain supposedly went above and beyond by replacing my "SHARP" that I had purchased in 2001 for the more expensive Panasonic. I never had one problem with my wonderful Sharp. I only bought the Sony to replace the Sharp after the people I paid to move my things stole it, my TV's, other VCR's, computer, printer, scanner, camcorders, cannon camera, and other items, most of which I bought from CC over the past 14 years. In fact, my grandchildren are currently using my 7+ year old Sharp, purchased from CC and, to this day, it still works perfect.

I feel fairly certain he HAD spoken with Strain, however, and seemed quite determined to cover his, Diane's and CC's backsides, not to mention intimidate me. … he only made me more angry at the way I am being treated and more determined to persevere. …

His attitude and comments only added insult to injury, …Further, he lied to me, based on incorrect presumptions. You see, he wanted information off the original receipt - the cost of the Sony. I had a second receipt with it that proved I paid the extra $19.98 a few days later … for the 5 year extended warrantee, on top of the extended warrantee I paid for the day I paid for the Sony - why I had two receipts. I explained … Strain had confiscated both the original receipts and only gave me the new one. At that point he assumed I could no longer prove how much I paid for the Sony or that I had ever paid the $19.98. He did, however, admit to finding all the information printed up on the new receipt for the Panasonic. …When I told him I could not remember exactly how much I had paid for the Sony - and knowing he had it included as part of the information recorded when I exchanged it for what I believed, at the time, to be another Sony, I just assumed he could look. He assumed, however, that I no longer had the 3rd receipt and could no longer prove how much I had paid for the Sony, the tax, the added warrantee coverage, or even the difference in cost between the Panasonic and the Sony or the fact Strain had subtracted off the extra coverage without returning the $19.98. So this man decided to toss me a bone - $50.00 total, to cover EVERYTHING! …

I did explain that I had purchased the defective Sony on Dec. 27, 2003, not tried to exchange my Sharp that had been stolen several months prior. …But the 18 or 19 year old salesman refused to take the defective Sony back without the remote. I explained that, due to heart surgery, my taking the 6 + hour round trip again had to be delayed and that April 23 was the earliest I was strong enough to go to all the physical hassle. As it was, I had to sit on my walker and catch my breath several times on the way back. I also pointed out the illegality of Strain sending me home with a known defective unit and him sneaking in a Panasonic instead of a Sony. The guy on the phone said that is because CC no longer carries Sony. Then why didn't Strain tell me that day? And why did he not inform me that the Panasonic had already been purchased and returned as defective and that, further, it had never even been sent in to be repaired - unless he was just plain trying to pull a fast one and figured that, between my being older, my heart and other health issues, and all the hassle I'd have to go through to get what I had paid for, I'd just drop it, cut my losses, give up. Sorry. That's just not my nature anymore.

I was so insulted that this new guy was obviously as devious as Strain, trying to get CC off the hook for less than the cost of just the Sony VCR, not to mention tax, the extra warrantee …, the fact I have been ignored for 2 months and have not had a correctly working VCR during the entire time, since the original purchase on Dec. 27, 2003 [this one since April]. Nor does this address the 14 PPV's at $3.99 each, the 20 tapes, all wrecked from being taped at an angle, not to mention the tapes [HE KNEW] the Panasonic wrecked, not to mention the time to tape all 80+ movies, … not to mention all the hassle, insults, frustration, I have been forced to deal with over the past 2 months [now 3], including waiting for Donna and Niquita to keep their word and call me back, leaving countless messages for them on their machines - all ignored.

… According to the receipt Strain DID give me, that necessarily shows all the information pertaining to the item being exchange for the Panasonic, so CC knows what happened … in their inventory, the model # for the Sony is SLVN55. Also included is the tag #, price, sale price, tax paid, the extended to 5 year warrantee I paid several days after the original purchase, the fact Strain subtracted that amount off the total amount originally paid …The price of the Panasonic being only $3+ dollars more, brand new, than the sale price of the Sony - in spite of Strain intentionally MIS-representing it as being much more … - RIGHT!

I did finally point out, without going to my file cabinet to get the receipt he was still unaware I had (and information I was not willing, at that point, to volunteer) that the Sony had cost me approximately $60.00, not including the tax or $19.98 added warrantee. This guy then offered me an overwhelming $60, said he had no intention of covering the warrantee, any of the other costs I was out of as a result of their illegal actions, misrepresentations, defective products. He said that without proof, that was all he'd approve (IN SPITE OF him having access to all this information, right in front of him - by his own admission!). Apparently he didn't realize I knew, based on what he told me, that he DID know exactly what I had paid for the Sony. … At that point I just figured I'd give him enough rope to hang himself - and he did not let me down.

…This letter will be sent registered, tomorrow.

If you choose to be reasonable, we can still settle this before taking it to the next level. Otherwise, I do plan on being reasonably compensated for …

You know? All I originally wanted was a trade, straight across, for another Sony just like the one I bought. But a very rude, obnoxious Randy Strain not only was extremely out of line with me, … As a direct result of the actions taken - and NOT taken - by those allowed to represent…Circuit City, I want compensation - fair, reasonable, not further insults.

Does anyone have a clue what my next appropriate step should be? Having talked to others on local buses, I am not the only CC victim of the same store. Our common denominator seems to be being a senior citizen and/or visibly disabled, all being on SS, having made purchases of less than $100.00, usually something on sale, and being female. And Circuit City can't figure out why they are loosing more and more business to Best Buy? &#160 Click this link to e-mail the above consumer: //