Sonitus Medical is Out of Business (SoundBite)

[Lillygold]

What company do I contact about payments?

[ginsue]

Until Sherwood Partners, Inc. provides documentation that authorizes them to collect for Sonitus I will not pay.  It was been four days and I still have heard nothing.  No email, no call.  And as far as the automatic payments go, Sonitus was the only company to be authorized to deduct money from my account.  This is why my withdrawals stopped.  It was not on my part.  I will let everybody know on what I hear.

[arizonajack]

Just my two cents as I have "no dog in the hunt",,,,

Neither do I, but I have a substantial amount of "legal" background and I'm willing to share my knowledge of the contractual and business issues similar to those raised by the Sonitus situation.

But as I see it, Jack is saying " you are  breaching your contract by not paying for what you got,, Soundbite,, but they have breached your contract by not upholding their end in providing any support for item they sold you ,and "quitting business ",,,

Unfortunately, that's not how contracts work. The company has to have made a specific promise in the contract and it is that promise that has to be broken for the company to be in breach. If there is no provision in the contract for ongoing "support" then failing to provide that support is not a breach, nor is going out of business. On the other hand the party making payments on the purchase is still obligated to continue to make the payments.

I wouldn't  be paying anyone without written evidence from a court as to why I should be paying someone else instead of whom I contracted with

I agree with that but would caution anybody who is withholding payment to put that money aside and not spend it. There may come a day when you have to pay it.

My contract says after one year I can return item if not satisfied. I will contact the mentioned company.

Are you sure that's what it says? It's usually the other way around. Perhaps you can quote that provision word for word so you can make sure.

What company do I contact about payments?

That Sherwood Partners would be my guess.

[ANGuy]

Until Sherwood Partners, Inc. provides documentation that authorizes them to collect for Sonitus I will not pay.  It was been four days and I still have heard nothing.  No email, no call.  And as far as the automatic payments go, Sonitus was the only company to be authorized to deduct money from my account.  This is why my withdrawals stopped.  It was not on my part.  I will let everybody know on what I hear.

No kidding.  WhoTF is Sherwood partners and why should you send them money?  I could be Sherwood partners for all you know.  With all the fraud going on, sherwood could be something made up by the North Koreans.  Send money to Sherwood and then get a notification that some other entity is collecting for sonitus and where does that leave you?

[arizonajack]

No kidding.  WhoTF is Sherwood partners and why should you send them money?  I could be Sherwood partners for all you know.  With all the fraud going on, sherwood could be something made up by the North Koreans.  Send money to Sherwood and then get a notification that some other entity is collecting for sonitus and where does that leave you?

I think the point has been well made NOT to send money to Sherwood Partners without documentation of them being authorized to collect on behalf of Sonitus.

However, contact with Sherwood Partners is recommended to determine any liability for future payment instead of sitting back complacently and being sandbagged by a collection agency at some unspecified future date.

The decision to be proactive or passive is that of the beholder.

[Lillygold]

I contacted Sherwood Partners. They are working on who owes what etc. They take only checks for payment not credit cards. They told me to wait until I get a formal repy about what is going to happen. They hope someone buys the product. They seemed nice but do know know them. So I am waiting to hear what happens next. I am not sending any money until I get a legal document about payments. They are suppose to send out another email concerning the company.

[arizonajack]

A thought occurred to me.

If any of you paid by credit card within the last 30 to 90 days (YMMV) you might be able to dispute the charge with your credit card company and get the item reversed.

Make sure you carefully read and follow your credit card company's rules about how to do this.

[Lillygold]

They told me they canceled all credit card automatic payments.

[jbacon26]

I'm wondering if there is a suggested course of action for my situation. I paid for mine in full, still under warrantee and both mouthpieces were defective. I was instructed to send them in for repair which I did back in December, 2014. I haven't received any communication since then and did not receive the mouth piece back. Situation is quite unfortunate and frustrating. I made the last payment in December!

[arizonajack]

I'm wondering if there is a suggested course of action for my situation. I paid for mine in full, still under warrantee and both mouthpieces were defective. I was instructed to send them in for repair which I did back in December, 2014. I haven't received any communication since then and did not receive the mouth piece back. Situation is quite unfortunate and frustrating. I made the last payment in December!

Other than calling up to try and find out what happened to your items, there isn't likely to be any other course of action.

You are, unfortunately, an unsecured creditor and at the bottom of the list of all creditors that have claims against the company.

You could try a lawsuit in small claims court for breach of contract but my guess is that the defendant will hang you up in court for six months to a year and will just ignore any judgments.

[ginsue]

So Jack, this is the email I received.  The link to "proof of claims" is about a company called Luvocracy.    Isn't this email for people that Sonitus owes not the other way around?  Now what? This is not my forte.

 Dear Customer:

Please note that Sonitus Medical, Inc. (“Sonitus”) has undertaken an assignment for the benefit of creditors (“Assignment”) as of February 4, 2015 and appointed an Assignee.  “Proof of Claim” notices are a required formality of an assignment process
Under California law, the Assignee is required to send a notice regarding the Assignment, along with a “Proof of Claim” form.  A copy of the document evidencing the Assignment is available at:  http://www.proofofclaims.com/Sonitus/documents/.  This notice is a required formality within 30 days of the start of an Assignment in California to determine monies owed by Sonitus.  The Assignee is required to provide a mechanism for any party who maypotentially have a claim against Sonitus to file their claim.  That mechanism is a Proof of Claim.
Why you were sent a Proof of Claim
: 
A Proof of Claim is being sent to all parties who have interacted with Sonitus during the last couple of years to ensure that if they believe they have a claim, it is accounted for.  This is  not  a   confirmation that you necessarily have a claim against Sonitus.
Proof of Claim’s are exactly what they sound like.  If you believe Sonitus owed you money prior to February 4, 2015 (Assignment date) and has not paid you, you’ll need to fill out a Proof of Claim form online before August 10, 2015.  A Proof of Claim is available at: http://www.proofofclaims.com/Sonitus/.  The language on the Proof of Claim form is formal and legalistic, but it is a necessary part of the process as we work to resolve the situation.
Please do not reply to this email.  Replies to this message are routed to an unmonitored mailbox and device

[arizonajack]

So Jack, this is the email I received.  The link to "proof of claims" is about a company called Luvocracy.   

I get an error message when I try either of those links so I don't know where the Luvocracy is coming from.

When I googled proofofclaims.com I came up with the instructions for a proof of claim:

http://www.proofofclaims.com/PDF/pocinstructions.pdf

And a sample proof of claim form that can be printed out:

http://www.proofofclaims.com/PDF/pocform.pdf

But here's the online form already prepared for Sonitus:

https://adobeformscentral.com/?f=F9NKXh03uZ7UZHgg%2Av1OmA#

Isn't this email for people that Sonitus owes not the other way around? 

Yes.

But notice is sent to all customers because a customer can potentially become a creditor. For example, if you needed warranty work and the company wouldn't perform it you'd have to get your repairs done elsewhere, pay for them, and file a claim with Sherwood Partners.

If you paid for your product and didn't get it you file a claim for the amount you paid.

At the moment you do not appear to need to fill out the form but I've posted the correct links in case anybody else has to.

[ginsue]

Thank you so much Jack for looking into this for me.  Your advice and help are greatly appreciated.  Now I just wait for the document stating that they are able to collect on Sonitus' behave.  (Saving those payments) 



PS I love AZ.  We have traveled there for years. We have good friends in Scottsdale.  My daughter just moved to San Tan Valley. We plan on snowbirding there in a few years.

[arizonajack]

PS I love AZ.  We have traveled there for years. We have good friends in Scottsdale.  My daughter just moved to San Tan Valley. We plan on snowbirding there in a few years.

I moved to AZ from NYC in 1972. San Tan Valley is another country compared to where I live in North Phoenix. 

[Mei Mei]

I warned you all back in 2012 and people didn't believe.   The chair of  GW ENT was very angry at me for these posts as was Dr. Monfared.

http://www.anausa.org/smf/index.php?action=search2

Mei Mei