Action: Factory Direct files for bankruptcy

On Sept. 9, I ordered ceramic tile from Factory Direct Interiors in Clearwater for $215.65 and paid by check. The salesman informed me the tile would arrive in seven days, and that more could be ordered if I decided to do the remainder of the house.

The tile didn't arrive. I called the salesman, and he said the tile was on its way to Miami, would have to go through Customs and I would have it in approximately two weeks. Two weeks later, when the tile had still not arrived, I went to the store and spoke with the salesman again. He said the tile was on its way to Miami. I questioned him about getting a refund, and he said it would take a long time to get it. I informed him that I was going to look for tile elsewhere. He said the tile would arrive within a few days and promised to call me. He never did.

On October 2, 3 and 4, I called the Clearwater store and there was no answer. I then went to the store to find the doors locked, merchandise inside and the lights on. I have since heard that Factory Direct Interiors has filed for bankruptcy. Is there any way to get my money? Had I written a bad check for this amount of money, I would be in jail. Any help will be appreciated. Diana Marie Smith

Response: We are very familiar with the Sarasota-based flooring store which has outlets throughout west central Florida, including the Tampa Bay area. Action has received many complaints against Factory Direct Interiors; most involve failure to issue refunds after non-delivery of the product or failure to perform the work as contracted. The company is under investigation by the Florida Attorney General's office and on Oct. 6 filed for Chapter 11 bankruptcy protection.

Action cannot, at this point, help you recover your money. However, you can file a claim with the U.S. bankruptcy court in Tampa, although there is no guarantee you will recover your money. Claim forms are available at office supply stores or from the court. Send a stamped self-addressed envelope to the U.S. Bankruptcy Court, 801 N Florida Ave., Tampa, FL 33602. The case number is 00-15583. Information is also available on the court's automated phone line at (813) 301-5210.

We also urge you to file a complaint with the attorney general's office. Send your complaint to Stephen Iglesias, assistant attorney general in the economic crimes division, at Office of the Attorney General, PL-01, The Capitol, Tallahassee, FL 32399-1050.

Leather sofa fades

In September 1998, I ordered a leather couch and love seat from Carolina Sofa in Sarasota. When placing the order, I purposely upgraded the quality of the leather. I wanted to make sure that I was purchasing something that would last. I also purchased a maintenance package at the same time and was told that if I used the product that came with it to maintain the leather, the warranty would be extended.

I did not take possession of the two pieces of furniture until November 1998, because twice my order arrived in the wrong color. Consequently, the furniture is not even 2 years old. It is in my great room where there is NO sun throughout the day. I have noticed that the backs of both pieces have discolored considerably, to the point where they have turned white. I contacted Carolina Sofa and explained the situation.

A representative came to look at the furniture and indicated he had never seen anything like it. At the beginning of August, Jack, the sales manager, called me and said that the store would replace the sofas and that once he had completed some final paperwork, I could come to the store to pick out replacements. I asked if I could pick out a lighter color leather as I did not want a repeat of the problem, and he said I would have to because the leather I previously had was discontinued.

Approximately two weeks later, Jack called again and said the store was not going to replace the sofas after all. I do not think that paying $3,000 for furniture is by any means cheap. We have followed every step of the store's maintenance policy in an effort to preserve the leather. I could totally understand fading if the furniture sat in a room with the sun beating on it throughout the day. However, this is not the case. I have no sun in our great room at all. Any assistance you can provide in this matter would be most appreciated. Rose Ann Sowle

Response: Robin Ungerer, Florida's general manager for Carolina Sofa Co., said the company's warranty states that fading is not covered. Direct as well as indirect lighting can have an effect on natural products such as leather, she said, and even low lamplight can fade high-quality leather. The company does not warrant any of its leather furniture against fading.

With regard to having been told initially that your sofas would be replaced, Ungerer said that although the sales manager might have said he would try, there is no way he could guarantee a replacement since only she has the authority to do this.

The copy of the warranty that Ungerer sent us states that cowhide is warranted for five years against splitting and tearing only. There is no coverage for natural markings or variations in grain or color, and exposure of the leather to sun, extreme heat or bright lights voids it. Finally, the manufacturer's liability under the limited warranty is limited to repair or replacement of the defective product at its option. Those last three words are key. We're sorry we couldn't help.

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Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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