do i have a case? layaway issue

[Joeph]

I recently went into a store and special ordered something that is out of production. 2 weeks later they got back to me and stated that they found one and it is in their store. they called me to let me know and said they would hold it for me as long as need be, because it was my special order. i told them as a courtesy that I would be going in often to make payments and let them know i was still interested. the item costs 500 dollars. i made a payment here and there for about 2 months. i have a printout of my deposits, and it shows what the deposits were for, specifically. that same paper is signed by one of the employees showing its authenticity. i came in about 2 weeks ago to make another deposit, and one of their employees had sold the item, or given it to another store to sell. apparently this had been done 3 weeks before i came in and no one ever notified me. So i come in ask some questions, and they say they will now try and order me another one. if they can find one. i dont know why they didnt order it when it was gone, but even the manager seemed suprised it was gone. now they cant find another one, and they have my 360 dollars, which I can get back, but now i cannot find that item and neither can they. my father said to take them to small claims court, but i dont know if i have a case, or if i can make a case out of it. Thank you on this matter. I am new at forums so i hope this works.
-Joeph

 

[dee_dub]

they have my 360 dollars, which I can get back, but now i cannot find that item and neither can they. my father said to take them to small claims court, but i dont know if i have a case

You have a case for the return of your $360. Since you said you can get your money back without going to small claims court, why would you go to small claims court? I suppose you could haggle about interest, or what it would cost you to get an equivalent replacement item now. But no court is going to order the store to get something for you that can't be found.

 

[Joeph]

You have a case for the return of your $360. Since you said you can get your money back without going to small claims court, why would you go to small claims court? I suppose you could haggle about interest, or what it would cost you to get an equivalent replacement item now. But no court is going to order the store to get something for you that can't be found.

what i mean is that is was found, wouldnt it be a case of my time and such, because they had such item which was verbally contracted as mine?

 

[Gail_in_Georgia]

Small claims/civil court handles monetary issues; people sue for things like the cost of damages or owed money.

If the store refused to return your $360 you would have a case. But the store said they'd already refund this money.

They special ordered an item and it seems that they were generous agreeing to hold it for you while you made payments on this. Often if something is special ordered they'd expect you to pay the full amount when it came in since there would be less chance of them being able to sell it to another customer should you change you mind regarding purchasing it.

Gail

 

[Joeph]

not to be a bug i really do appreciate all your help. but it seems that the item is in high demand and only had to special order it because of the high demand of the item and it not being in production, but i see what youre saying. it still seems wrong. the reason they gave it to another store was because it is so highly demanded and hard to find.

 

[dee_dub]

It's a drag for you, but it's not really wrong. The store isn't profiting by this, for instance. I don't see any reason to think they gave the item to the other store through anything other than inadvertence.