Pb bk
I know this has already been posted but there are some really important key notes on this thread.
https://www.tacomaworld.com/threads/pelfrey-informational-thread-one-post-condensed-version.567463/
A couple key notes i took from this was:
From: ETXTACOMA
Note: I would also advise the following from a personal finance standpoint. If you are successful in getting your money back through either your credit card or financial institution and you performed the chargeback AFTER 9/6/18. DO NOT IMMEDIATELY turn around and spend that money somewhere else. Transfer it to a savings account, make it cash and put it in a safe deposit box, whatever you want to do, but DO NO SPEND IT. It could be a couple weeks before more information is known and you don't want to be 3, 6, 9 weeks from now and all of a sudden that money is being Federally Ordered returned to the account it was removed from or it is just removed without notice from your account one day. Just a thought...
FROM INDY500DRIVER:
Ok, @ETXTacoma has just touched on something that I can shed a bit of light on further, and I think this will help others understand what their focus should be. I think what most people are confusing is that Pelfrey's in bankruptcy will directly affect all attempts to get money back for unfulfilled product purchases. Bankruptcy will only affect people who handed them cash for purchases, or paper checks in hand, literally. All the merchant accounts, be it ACH or Card, require a merchant application, with a personal credit check, etc.. it literally is just like applying for a loan... Now here is WHY the process of getting a merchant account for Card and/or ACH is much the same as getting a mortgage or loan... it is simply an extension of credit by a bank or a banking affiliate (third party processor, merchant account provider, etc)...
The point I am making is, once the merchant account provider approves an application, a contract is signed, and regardless of the merchant's corporate structure, LLC, Inc., LLP, the account is always personally guaranteed by officers, shareholders of said company applying for the merchant account. Now the reason for merchant account providers making every approved applicant guarantee personally is because that merchant account provider IS LIABLE for every transaction their merchants process, the personal guarantee erases something called 'piercing the corporate veil' in legal lawsuit world... If a merchant account was granted to a company and no personal guarantee was signed, then the merchant account provider cannot sue past the contracted party, being the company LLC or Inc. that is the merchant of record. Banks do not like to lose money.
If you're following me here, then you should understand that the Pelfrey bankruptcy is not to protect them from customers, its to protect them from banks coming after them for transactions processed that are being charged back, and personal creditors like credit cards, mortgages, etc.
... Still following, heres the 'money shot' (excuse pun). If your purchase from them was not cash-in-hand or a paper check, rather any electronic method,... be it either ACH, Credit, or Debit Card, you are completely able to get your money back, you do not need to involve yourself with the bankruptcy at all because you are not getting your money back from them.
The banks that underwrote, and approved their ACH/Credit/Debit Card merchant accounts are liable. There is no question to this, it is a basic surety that is written in the rules for NACHA (National Automated Clearing House Association, aka ACH), Visa, MasterCard, Discover, all require of banks in order to participate or use their 'electronic network' and maintain the integrity of said networks. So, what that means in terms regular people speak, if you want to play then you must be able to back up everything you do. It literally is that simple.
Since bank A, B or C approved, and allowed the Pelfreybilt company/website/company owners to process transactions and take money from customers, bank A, B, or C is liable if the merchant becomes insolvent. And just for clarity, lets say A, B, or C bank that granted the ability all of a sudden goes belly up, then the network takes the hit.
There are always three sides to a transaction, the issuing bank (customers credit/debit/checking account), the network (V, MC, D, ACH), and the acquiring bank (the merchant account provider). The only time there are not three sides to a transaction is AMEX, because Amex is a bank, and a network, and an issuer and a merchant account provider, all in one, they are their own entity, completely, and for those who paid with AMEX, just in case, AMEX ALWAYS takes the cardholder side, almost never will they take the merchant side in a dispute.
SO, focus on dealing with your respective method of payment, if you paid by ACH, contact your bank, if you paid by Debit, contact your banks debit dispute dept, if you paid by a credit card, then contact the issuer which also may be your bank, for example, Chase Sapphire is a credit card.
DO NOT SETTLE FOR A NO, DO NOT TAKE WHAT THE CUSTOMER SUPPORT REP ON THE PHONE SAYS AS GOSPEL, THEY ARE ALMOST ALWAYS WRONG... if your debit/credit card was a Visa you have 540 days forward of the original transaction date. If you have a MasterCard debit/credit card, you have 120 days from the latest promised date of delivery, or 120 days from the insolvency of the business... if ACH, you have 60 days but you can demand a 'REG E' form be done which basically puts it into review by NACHA, and it should not be denied IMO....
Sorry for the bible length post but just want you all to know that the reason Visa, MasterCard are even in business is because you have no recourse in cash world, that was the original marketing and idea behind cards instead of cash back in the beginning of Visa and MasterCard days in the 50s and 60s..
edited to add info;
One more thing, if YOU initiated the transaction, i.e. sent them money, like a wire, or one of those 'PayPal-like' methods within your bank, or PayPal friends-and-family, then your recourse is the legal route... if THEY initiated the transaction, meaning they used one of their merchant accounts, then you have the recourse of the respective network used as mentioned above (V, MC, D, Amex, ACH)
ALSO INDY500DRIVER
****
You could go to court to petition for the judge to NOT grant them Chapter 7, AND YOU SHOULD DEMAND to be removed from a creditor list because none of you are lenders, you dont have loan agreements with them as lenders you have purchase receipts for products you ordered, any judge will see right through them here and remove you all.
Even if you are listed as a creditor, you are not getting your money back from them anyway by disputing, you're getting it back from a guarantor of their ACH/Credit/Debit merchant accounts. Remember, you won't be getting your money back from them, so dont worry if you're listed as their creditor, but even so, I would blatantly say openly to the court if you can, that you and most of the people listed on that BK document aren't lenders, their customers. The judge will turn red with anger and I would not be a bit shocked if their petition for bankruptcy is denied because of this or they are required to remove all people except actual lenders.
****