november - if they told you to dispute the charge then by all means do so immediately - I can't legally tell you what your rights are but if I were you I'd hold onto my money - you've got the money let them come after you for it! The golden rule - he who has the money rules!

same for you dixie - dispute the charge on your credit card - you didn't receive the merchandise you paid for!

To Heimert--I would greatly appreciate it if you also would send the PDF bankruptcy petition to Computerduffer@aol.com.--thanks in advance.

I'm guessing I'm on the petition also-not clear. I did get a credit receipt for $20K from Foremost a couple of weeks ago which has not shown up on my statement. (the appliances were ordered in March). The credit card company told me I should be covered because I never received the appliances. Like others have suggested here, I also suggest that if you paid by credit card you dispute the charge immediately. I guess I'll continue to talk to the credit card company until it looks like I need representation. Thanks to all for all the information here.

It is sad but not surprising.

Too many dealers, too few customers.

Geesh. A copy of the list to eltwilder@gmail.com would be great. I can't believe this.

(sigh) Heimert -- please send the pdf to dan@tlgl.com. Thanks much.

FWIW, I disputed the charge on 11/12 and received a temporary credit while AMEX investigates. It will be interesting to see how this turns out -- whether I or AMEX is left holding the bag. I suppose it depends on whether AMEX was able to pull enough $$ from the Foremost account to cover my charge while they investigate. Last week, while discussing the rumors that Foremost was going belly up, my wife accused me of being the one to push them over. It's clear that, given the non-liquidated debts of $2.2 mil, I'm not the only one!

Heimert,

Can you please also send the unfortunate pdf to cre475@yahoo.com?

Thanks Heimert.

danielb - it doesn't matter if Amex is able to get their money from Foremost or not - if you've got a legitimate dispute you're covered - Amex will eat it - but don't feel sorry for the credit card companies - they make huge profits by gauging customers with high interest rates and late fees - and several years ago the rules were changed so they can pretty much do whatever they want - just this week the Senate was investigating the fact that some credit card companies were raising the interest rates RETROACTIVELY for customers whose credit scores had dropped for some reason even though these customers had never been late for a payment! And if you're ever late with a payment with one credit card, all your other credit cards can raise your rates.

The other thing Amex is able to do is hire expensive lawyers to go to bankruptcy court and fight for some money. They'll have plenty of claims making it worth their while, whereas the average joe probably won't bother hiring a lawyer to do it because that may cost as much as you're likely to get back.

what amazes me is that a business like this could end up so badly in the hole. They take money before buying the product--there's basically zero stock (except for floor models), and full payment is made upon delivery, so there's limited non-payment risk.

Plus, they have only two stores, and small ones at that, where the rent can't be more than low six figures per year. Add a couple of salesman salaries and their expenses aren't huge. To be sure, profit margins may be slim, but how do they end up with $3 million in liabilities? They must have been digging the hole for a really long time . . .

Could I get a copy of the pdf, if you don't mind? fennelk@hotmail.com

or an internet link, if that's easier, but I couldn't find it online after an intensive search...

Thanks a million.

Well, I was listed as a creditor on the bankruptcy petition but my Visa card company told me today that after 30 days I will get a credit even though there is a bankruptcy proceeding--so again if you didn't receive the property and charged the appliances I would dispute the charge immediately (and many credit card companies allow you to dispute the charge on-line). Best of luck to all on the creditors list.

PS----while this fiasco put my house rehab behind schedule 4-5 weeks, ADU was great and was able to deliver the same appliances (at a little lower price excluding md tax)even though the regional distributor in Philly had one appliance on back order. They filled the order quickly by finding another source. (I believe another dealer had the appliance and didn't need it immediately). Thanks again to all for the info.

Heimert, thanks for the petiton.

Well, I am just now reading this whole string for the first time. I ordered back in January and called Foremost to schedule the delivery of my $16k worth of appliances -- same result as everyone else on this string. Unfortunately, paid by check! Aggh! Could someone please send me the docs? satkiss@gmail.com

My wife and I ahve been stung like the rest of you. We gave Foremost nearly $7000 last October, and Foremost has been stiff-arming us ever since. It was an AmEx charge, but that company won't give its cardholders relief after 60 days from the date of the charge.

I too tried to get into the restricted database of the Bankruptcy Court in Alexandria, but with similar lack of success. So much for the public's right to have access to public documents!! So, Heimert, I too would appreciate your e-mailing both my wife and me a copy of the bankruptcy petition. I'm at rmf@nrc.gov, and my wife is at spettey@verizon.net.

Thanks!

I am a kitchen designer, and the clients that I've had who've been burned by Foremost have used Ferguson's in Alexandria to get their replacement appliances. Good luck! This is realy a terrible situation for the folks who've been victims.

Here is a link that might be useful: Ferguson's showroom locator

Mushat, has AX budged at all about the 60 day rule? Just curious how the credit cards company will handle this.

So, we are in a similar situation - purchases at Foremost on credit card and now i just stumbled on this bad news. Is the advice to work through via credit card company, get a lawyer or just ask you all to keep hugging me?

Help? Thanks....

Hello Heimert, if you don't mind, can you please send the pdf to g_khan_hun@hotmail.com?

Thanks for you offer of assistance..

Have you advised AMEX that you never recieved the items and that the company has now filed for Bankruptcy? There may be some clause that some fact may hinge on.

If you're within the 60 day window on your credit card - dispute the charge - and you should be all set - no need for lawyers, bankruptcy court, etc. If you're not, I'd still talk to the card company to see if they'll offer you any relief.

For those outside the 60 day window, you might take a look at the FTC's advice on this:

[excerpt]:
In delayed shipment situations, credit card issuers often are more generous when they calculate the time for allowing disputes. To take advantage of this flexibility, include the following information in your dispute letter.
. . .
Tell the credit card issuer when delivery was expected. In no delivery situations, some credit card issuers will use the expected date of delivery rather than the charge date as the start time for you to dispute charges. If you dispute the charge within a reasonable time after the expected delivery date passes, chances are good that the credit card issuer will honor the dispute. When you order or when a merchant notifies you of delayed shipment, it's important to keep a record of the promised shipment or delivery date. Include a copy of any documentation of the shipment or delivery date when disputing the charge with your credit card issuer.

Here is a link that might be useful: FTC

heimert-please forward the pdf to spinone@erols.com-many thanks-I was told that 7 on your side is doing a story on their News7 5pm show tonite-that should be interesting-and the bankruptcy listing was in the Washington Post business scetion today.

heimert-please forward the pdf to: spinone@erols.com -thank you

Please also send me the pdf. to wkamiat@aol.com

I was also a "victim" of Foremost, having purchased a Bluestar range, had delivery delayed and then set up for monday December 3 (a day they finally chose). They never called to finalize the delivery details, and were not returning my calls for 3 days. On Friday I learned that they "had disappeared" (in the words of their landlord). I was able to get a credit card refund (issued with a warning that said that it might be recharged if the merchant's bank shows it wasn't justified), and signature marketing (Bluestar's regional distributer) got us a replacement stove quite quickly (after telling us that Foremost had never put in an order for us at all).

It tuns out that the bankruptcy petition was filed on Thursday. Am I right that that won't effect my Friday credit?

I am ordering appliances from another local store and told them about my concerns about Foremost--wanting to pay with credit card, etc. The salesperson told me that Foremost has declared bankruptcy several times in the last 5 or 6 years. It sounds like they are really crooked.

7 on your side coverage.

http://www.youtube.com/watch?v=9xDfvaa5Obs

gkhanhun,

I did ask AeEx for a refund some months ago (probably July), but AmEx insisted on applying its 60-day policy. I'm contacting them again today and will try the approach of relying on nondelivery plus bankruptcy. Wish me luck. I'll let you know whether I succeed.

TECHED- i dont think they have filed before, who told you that , i am trying to build a case. thanks

A salesperson at Appliance Connection in Woodbridge: Kenny Ward.

Savoryone,

Please keep us all posted. Good luck building a case but, frankly, I don't know what recourse you (or any of us) would have against a dead-broke company like Foremost or its equally dead-broke owner William Brennan (who, by the way, has also fled for Chapter 7 bankruptcy). But if fraud is involved, Mr. Brennan at least might be subject to criminal charges. Perhaps there's some small satisfaction there.

I'm inclined to discount what Kenny Ward said. I did a websearch into Foremost going back to 2004 and found nothing suggesting prior bankruptcies. To the contrary, the few articles I found reflected a successful company.

Mr. Brennan does live in a VERY nice house though.

By the way, thanks all for being so helpful and forthcoming in suggestions to recover. For us newbies, this is VERY helpful...

Maybe Brennan has that customer's Miele dishwasher in the garage.

Anyone know what he has to give up for personal bankruptcy? He lives in Virginia -- not sure he can fully protect his house and assets.

Foremost has never declared bankruptcy before, but another business Mr. Brennan was involved in (Castle Appliance in Manassas, VA) did very much the same thing as Foremost has done here several years ago. I do not believe that his name was listed as an owner of that business, but he was definitely running the show there, too.

Interesting point, anwk. This could be useful to the Va. Atty Gen. who, I understand has taken an interest in Mr. Brennan. FYI, the Washington post published two articles in 1997 about Castle Appliances. They are available at the websites listed below. But the link takes you only to the first portion of each article (for the entire article, you'd have to pay), and neither of the available portions mentions Mr. Brennan. Here are the hyperlinks:

http://pqasb.pqarchiver.com/washingtonpost/access/11708575.html?dids=11708575:11708575&FMT=ABS&FMTS=ABS:FT&fmac=&date=May+11%2C+1997&author=Tara+Mack&desc=Judge+Orders+Castle+to+Pay+9+Customers

and

http://pqasb.pqarchiver.com/washingtonpost/access/11319906.html?dids=11319906:11319906&FMT=ABS&FMTS=ABS:FT&fmac=&date=Mar+26%2C+1997&author=Tara+Mack&desc=Manassas+Store+Shuts+Its+Doors+Mysteriously

Also here's a hyperlink to a telling story on "& On Your Side:" http://www.wjla.com/news/stories/1207/479371.html

Chris Bove, the owner of Castle Appliances, worked at Foremost, too.

Donald Trump's businesses have declared bankruptcy multiple times, but he's a folk hero and tv star. I don't think much can be drawn from the fact that Foremost's owner may or may not have previously declared bankruptcy at a similar business.

The interesting question is the one raised by "On Your Side", which is whether the company continued to take payments for appliances it had no intention of ordering.

Can anyone provide a preview of what's going to happen at this Jan 3 hearing process and content wise? Likely outcomes?

Thanks much

I worked as a sub contract installer from 2004 to 2007 with foremost appliance and there was not a week that we did not have a problem getting appliances to customers.
I also work with Appliance distributors unlimited in Chantilly and never have any problems with them.
If any one needs help with thier appliance installs call me @ 703-371-4336.tedashby@skins4life.com.

Anybody attend the bankruptcy proceeding today in Alexandria? What happened?

Ted Ashby installed my Miele DW and did a great job. I would recommend him.

danielb, I went to the proceeding on the 8th, only to learn it was really held on the 3rd - I had bad info, apparently. I called the bankruptcy trustee afterwards, and he confirmed that not much information was delivered at the proceeding - just that FA has very few (if any) assets that can be liquidated and that the creditors shouldn't expect anything. We've done business with FA in the past and had no problems. This time - big problems. We're out lots of $$ and unless GE Money Bank comes to our rescue (not likely because of the amount of time that's passed since our order & payment), we're screwed. So it goes, I guess.....

Can any one send me a copy of the pdf file Please?
tashby2@verizon.net

To dchorton and others:

I've sent the following letter to AmEx in hopes of getting a refund from them. I've not heard back, so I can't vouch for the letter's success. Still, if you want to take a similar tack with your own credit card companies, here it is:

American Express
FAX: (623) 444-3000
Attn: Customer Service [SGLR]

Dispute No. _____________

Dear Sir or Madam,

I am writing on behalf of my husband (Roland M. Frye, Jr.) and myself to request a refund of a $6336.75 charge. We charged this amount on our American Express Card No. _______ for appliances ordered from Foremost Appliances (which filed for Chapter 7 bankruptcy on November 29, 2007 Â see attached announcement in the Washington PostÂs December 10, 2007 edition at page D05). Foremost billed us immediately upon placement of our order rather than following the usual business practice of billing only upon the delivery of the merchandise.

The bill was processed on our American Express Card on October 31, 2006, and appeared on our November 2006 American Express statement -- which we paid in full in December of 2006. See attached documents. Foremost was to deliver the appliances beginning in June and running through July 2007. During that time, we repeatedly contacted Foremost, unsuccessfully trying to get the company to honor its contractual commitment. See attached chronology.

When it finally became clear in late July / early August of 2007 that Foremost was simply not going to deliver the merchandise, my husband called American Express and asked that the $6336.75 be refunded to us. The American Express representative informed him of your companyÂs general policy of not refunding charges when the American Express customer waits more than 60 days to request the refund. Relying on those representations, my husband dropped the matter.

Just this week, however, he learned that American Express can apply a different policy to situations, like ours, of where merchandise was pre-paid but never delivered  a policy that is also consistent with Federal Trade Commission guidance, as reflected on the FTCÂs website (http://www.ftc.gov/bcp/conline/pubs/credit/billed.shtm). That policy authorizes refunds to customers who contact American Express and request reimbursement within sixty days of non-delivery. My husband did this in late July / early August. We therefore renew our refund request which, for the reasons set forth above, we believe is both timely and consistent with American ExpressÂs refund policies.

Please credit our account for the $6336.75 charge.

Any other news?

I am so sorry to hear about this happening to everyone! I purchased appliances from Foremost and would have given them a good reference, so you just never know. I wish everyone the best in trying to recover. If there are any resources to pay back creditors let's hope the owner gives homeowners preference over the big companies. And I totally agree with the earlier poster...why does Donald Trump routinely get to cheat people and is still treated like a hero and a success? Ugh.

Does anyone know of a repair company authorized to work on DCS appliances? I have a cooktop that I love but I need a minor repair. Thanks and good luck everyone.

steph_2008: where are you located? I used a place in the Boston area a while ago. You can always call the customer service number and they'll give you a list of places in your area.

I just received a letter last weekend from the bankruptcy court indicating that there in fact ARE assets against which we can lodge claims.

I went by the Washington Design Center last week expecting the new Foremost Showroom to be open only to find a bankruptcy letter posted on the door. When I came home I googled "Liebherr" as I am interested in buying one of their refrigerators and stumbled upon this GardenWeb thread.

I hope the folks who were swindled are able to get their money back. Googled Brennan's name and found a listing from the Washington Post regarding he and his wife's purchase of a $1.53 million dollar home in April 2006 in Loudoun County. Their address is 42435 IRON BIT PLACE in an area called South Riding.

http://www.washingtonpost.com/wp-dyn/content/article/2006/04/14/AR2006041401947_5.html

FYI - AmEx granted my request for a refund (see my Jan 15, 2008 posting).

Mushat,

Glad to hear it. Too bad they didn't step up the first time.

I just found out there was an auction for everything that Foremost had left in the showroom and warehouse either last Saturday or the week before.

If anyone had purchased floor model stuff and were hoping to get it, well, it's gone.

Here's an interesting new twist; Chris Bove is now the manager of ADU (Appliance Distributors Unlimited) in Chantilly. This is the same guy who owned Castle Appliances (bankrupt) and was either manager, or managing partner of Foremost Appliances (the company that kept taking money long after they knew they couldn't deliver product).