[Black 6]

Originally Posted by STARMAN 352ND

Maybe Corgi just VOIDED out this deal and just didn't say anything to anyone about it ...Thinking it would just die down...
JP

That's always a possibility (an under-handed one, but a possibility nonetheless). At the very least, the problem remains for those people, like myself, who have email confirmation that we would be getting one. That's a pretty good sticking point I would assume, both PR-wise and as a legal one.

[Gambit]

Originally Posted by sniperUK

Who through their incompetance caused this or the new owners of Corgi diecast Hornby who have had nothing to do with the debacle and are now trying to ressurect the brand.

It all depends on the agreement but Hornby did buy the brand name and until I hear otherwise they should be held accountable for this very recent promotion. I think the word of a company based in England and the United States should mean something and I expect them to honour a company committment otherwise all this talk of building the Corgi brand is rubbish. This promotion (including the other planes) would have had to be made and approved at a board of directors level as it would have incurred a substantial cost to the company which was struggling to survive.

[Old Crow]

Maybe Corgi just VOIDED out this deal and just didn't say anything to anyone about it ...Thinking it would just die down...

Unlikely, as an obligation like this cannot just be unilaterally voided.

I looked again at the insert literature card which described the offer (red tokens= WW1; blue tokens= WW2; green tokens= Post-War; yellow tokens= Modern), and the only caveats in fine print related to: 1) availability based on run size (not whether they would be produced); 2) the fact the deal is first come, first served; 3) that all models are subject to availability based on their limited edition run (not specified); and 4) that all liveries are to be "confirmed." Therefore, the way I read this is that an offer was made and buyers accepted, and that we may be at Corgi's mercy as to the actual production run and we cannot really moan about the finish choice (as lame as it may be).

I do not see this as a major investment and certainly not something that would require Board approval or even discussion. The molds already exist so it is a matter of running off another several hundred of each. Typically, unless something is specified in the deal, a company buying another company buys all assets and liabilities (which is what i would call this promotion), and I cannot imagine this bit being excised from a sale of this magnitude.

[jim]

Hornby should and may well make good on this deal.

If company has been declared bankrupt and then bought off the receivers then all deals are off.
However Corgi was bought as a going concern therefore they must honour the deal.

I think I just said what Old Crow said !

[Gambit]

Originally Posted by Old Crow

I do not see this as a major investment and certainly not something that would require Board approval or even discussion. The molds already exist so it is a matter of running off another several hundred of each.

Sorry, but I don't agree, I have owned a company in partnership with others and now run my own and the marketing plans and budgets were and are always part of the budgetary and strategic planning process. You're talking of printing hundreds of different boxes and all the associated costs. Believe me when I say department managers don't hide or absorb costs for others, just doesn't work that way.

[Cruver Collecter]

Originally Posted by jim

Hornby should and may well make good on this deal.

If company has been declared bankrupt and then bought off the receivers then all deals are off.
However Corgi was bought as a going concern therefore they must honour the deal.

I think I just said what Old Crow said !

Have to agree. Hope the follow through and honor this promotion. (That or think twice before doing it again in the future.)

[STARMAN 352ND]

For those who sent out there tokens and don't get there free Halifax...Is there really any legal ground to hold Corgi to their offer ?
JP

[IXEC]

Originally Posted by STARMAN 352ND

For those who sent out there tokens and don't get there free Halifax...Is there really any legal ground to hold Corgi to their offer ?
JP

Yes,

Conspirecy to commit fraud, to name just one.

And in Massachusetts there's not statue of limitation on a fraud.

I mean they got some real trouble, if we were all to take them on in a class action lawsuit.

You only have to tell a lawyer that specializes in this type of class action suit about this Corgi issue and this forum, and believe me it will take of, big time.

There would be punitive damages as well, and the more people that were " damaged " the larger the settlement.


IXEC

[jim]

Well Corgi have certainly damaged my wallet.

We shall have to see what Hornbys reaction is to this one.
They must be aware of it, I think it would be a great way of starting out if they were to honour this deal.

It would certainly put collectors in the right frame of mind to look more kindly on Hornbys efforts to restart Corgi.

[Old Crow]

Sorry, but I don't agree, I have owned a company in partnership with others and now run my own and the marketing plans and budgets were and are always part of the budgetary and strategic planning process. You're talking of printing hundreds of different boxes and all the associated costs. Believe me when I say department managers don't hide or absorb costs for others, just doesn't work that way.

I don't necessarily disagree, Gambit, and of course these types of things would be part of the budgeting and planning process. But I serve on Boards of Directors and we tend to review plans in general- sometimes in detail- and are not usually involved in the more detailed decision-making; that is left to management, partly because it would be inefficient to rely on the Board to approve everything. It probably depends a lot on the size of the company and the actual nature of the business organization.

But the real point, imho, is that Corgi and/or its legal successor, Hornby, can be made to honor this deal. I just do not know if the potential damages are sufficient to get any counsel interested in taking on such a case.