Consumer Connection
Customer still waiting on sofa refund 
04:05 PM EDT on Thursday, November 1, 2007
CORNELIUS, N.C. -- When Stacey Jenks called Consumer Connection, it was a call of last resort.
"The chances of me getting my money is slim to none," Jenks told us. "Even if I never get money back, at least other people potentially know that this organization does not stand by their word."
Stacey's talking the about the couch she’s spent almost $4,000 and two years trying to get from Bungalows Home Store - it's a Lake Norman furniture store.
Here's what happened: Stacey bought her leather couch, gets it home and the sofa scratches so easily that Stacey calls Bungalows to complain.
Stacey told us, "They had the tannery look at the leather and they agreed that the leather was defective."
Bungalows Home Store owners James and Cynthia Killian agreed to replace it with another sofa. "I told them at that time I did not want to use the same leather because I was concerned that it was not durable enough for our family,” Jenks said.
But when the replacement arrived, the sofa was covered in the exact same, easily-scratched leather. So Stacey returned the sofa and asked for a full refund and the owners agreed to give Stacey back her money.
Jenks showed us the e-mails the company sent to her.
"She confirmed that they would indeed send me the money for the sofa, a full refund. She sent an e-mail saying, ‘We are putting a check in the mail for half of the money today,’” Jenks said.
But months went by... and no check.
In fact, Consumer Connection has a copy of the e-mail where Cynthia Killian says "your request is not unreasonable - however at this time we are unable to make a refund due to business being slow."
Finally Stacey took the whole matter to court and a small claims court judge awarded Stacey the money she was owed.
But that's not where the story ends - when Sheriff's deputies traveled to the store to collect the money, the Killians only handed over $500.
So it's come down to this. If Stacey wants her money back, the Sheriffs department will have to shut that company down and auction off the contents. And guess who will have to foot the $8,000 bill to get that done... Stacy!
Stacey explains how the money would be spent: "I forward the money directly to them, to hire a locksmith, close down the business, pay the lease, get/move the furniture, auction it off."
But there's no guarantee an auction would recoup that $8,000 plus the $4,000 already lost.
When I spoke to James Killian about the matter, he's now completely gone back on his word.
James Killian tells Consumer Connection the only relief he'll offer Stacey is store credit or the couch she returned.
When we told him that’s in violation of the judge’s order, he told us he plans to appeal the judgment. We checked with our staff of attorneys and that’s legally impossible. His 10 days to appeal are long gone.
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