I listened to part of the discussion by Samantha Carrington the other day. I was unconvinced and found it to be part of the ruse that Wine Care Storage (WCS) is perpetrating:
1. We should be hearing from Derek Linbacher and not some person who does not have an official affiliation with the firm as per their website;
2. If WCS has nothing to hide, I would propose they take the following actions:
a. Permit a designated number of WCS customers to inspect the facility. I for one do not believe that our wine is being stored at proper temperatures or that there was minimal damage;
b. Provide copies of all insurance policies. This could be given to designated representatives of WCS customers. I for one do not believe that WCS maintained the required insurance; and
c. Submit to deposition as required by the Judge in the Phillip Waterman pre-trial discovery action.
The failure of WCS to take the above actions is indicative of the fraud that is being perpetrated on WCS customers. It was a cowardly act of Derek Linbacher to file in bankruptcy to avert his obligations - an inspection of the facility and our wines, furnishing copies of the insurance policy and personal deposition. While Ms. Carrington is attempting to elicit sympathy for WCS, we should hold them in contempt for their brazen failure to come clean with the true state of facts
I am unsure of what call you listened to, or how long you listened.. but most of the call was Derek answering questions.
ReplyDeleteThe Bankruptcy filing includes a sworn affadavit by Derek as to the state of affairs. He is open to perjury of the facts there are untrue. Derek may be a coward, he may not... but bankruptcy may have been his only option to reorganize. The call was really quite open and informative... statements may be true or may be lies... but if true then they have in fact come clean with the true state of affairs and your comments above seem rather uninformed
They promised to have an independent expert inspect the wines in their current location.. We will see who the expert is and why we should believe them... but you should listen to the whole call.
Filing a bailor's claim has value but while WCS is protected by Bankruptcy there is little we can do except waste money on pointless legal maneuvers.
I Understand by your comments that you may be affiliated to Winecare in a different way than as a customer. The point and fact here, is that in the call they clearly stated that they did not have flood insurance, with Allianz. Given this fact, and that they were charging for flood insurance to the customers as per the contracts with winecare. I would think this would be considered fraud, and I am not an attorney.
DeleteNope, just a customer like you all... but maybe one that actually got his hands on the bankruptcy filing and read the affadavit and listened to the whole conference call and read the contract too. They never said there was flood coverage so this purported fraud you claim is based on a false statement of yours.
DeleteFWIW, I may have my lawyer act on my behalf, but I will not combine efforts wit what the uninformed are doing and I certainly won't appoint them to any committee to act on my behalf.
please when you have a minute, read your contract again, under the insurance section, and also listen to the call again when they talk about not having flood insurance. I do have my own attorney, but i would be more than happy to assist or join any other type of litigation.
DeleteAnd Samantha Rouff Carrington has long been the Customer (dis)service rep for WCS and was on the website at my last look. They have a new Samantha, Samatha Geller, that is part of the increased team helping to get them through the recovery
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