Does Cuppy’s Coffee or Elite Manufacturing Owe You Money?
(FranchisePick.Com) Does Cuppy’s Coffee or Elite Manufacturing owe you a refund? Have things improved with the new ownership? Is the Danny Jones runaround a thing of the past? Has the AAFD been helpful?
Please share your experience with Cuppy’s Coffee, Elite Manufacturing and Fransynergy below.
It’s been more than a month since Dale Nabors and Fransynergy took over the assets and liabilities of the troubled Medina Enterprises, Cuppy’s Coffee and Elite Manufacturing and vowed to return deposits owed to Cuppy’s Coffee franchisees and prospects. The April 21, 2008 post on BlueMauMau stated:
Elite, the construction arm that builds Cuppy’s properties, has been embroiled in disagreements with Cuppy’s depositors and franchise owners. The organization took on deposits from a number of investors, but controversy erupted when franchises were not purchased and deposit money was not returned.
Nabors declares, “We are fully aware of the refund challenges faced by the organization and we are addressing those and evaluating those on a case-by-case basis and look forward to resolving those as quickly as possible.”
WHAT DO YOU THINK? SHARE A COMMENT BELOW.
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POSTED IN: CUPPY'S COFFEE, JAVA JO'Z/CUPPY'S
16 opinions for Does Cuppy’s Coffee or Elite Manufacturing Owe You Money?
Does Cuppy’s Coffee or Elite Manufacturing Owe You Money? | Unhappy Franchisee
Jun 5, 2008 at 11:15 am
[…] Does Cuppy’s Coffee or Elite Manufacturing Owe You Money? […]
Robyn Rivera
Jun 5, 2008 at 8:01 pm
I am owed $30,000 by Cuppy’s/Java Jo’z or Elite/Emerald Coast (what ever they want to be called). There is a Cuppy’s opening in my town less tha 2 miles from a Java Jo’z which lost support from Cuppy’s and closed. This is unacceptable to me and my voice about this Cuppy’s opening will be heard. Cuppy’s I want to let you know that I will blog until the internet is shut down and I will notify every possible resource about your doings or misdoings, my local paper will get a story from me about your reputation. Do the right thing and pay me my hard earned money. Just in case you forgot the name is Corey and Robyn Rivera, C&C Enterprise from Houma Louisiana. Do you relize how this affects a family? We have lost savings, retirement, sold our house, and are in serious finacial trouble because of YOU!!!! How can you sleep at night. I know I will not sleep until I get m money back. I will be a thorn in your side. Remember what comes around goes around…
Have a good day Cuppy’s
maria
Jun 6, 2008 at 9:30 am
Still no resolution from Cuppy’s / Elite. We make an offer, and Danny Jones ignores it until phone calls and voice mail messages are left for him.
Criston Menz
Jun 6, 2008 at 1:11 pm
My initial contact to try to get my money back was in March 2007. I made my initial investment or should I call it a loan, to Cuppy’s/Elite in December of 2006 of $35,900. That is 18 months, calculate that with 7% interest monthly, and my investment/loan has earned me $3962 for a grand total that is owed to me from Cuppy’s/Elite of $39,862. Not a bad investment in this day and age with that kind of ROI. The reality of this is that I pay 7% monthly to the bank for Cuppy’s/Elite to utilize my monies. That is a total of $220.11 per month. The loss of that money has effected my family financially and emotionally, not to mention the time and energy it takes to continue to keep up with this cause. Mr. Neighbors, I am not sure what your plan is, but since you have not made contact with any of us, I believe I will never see a dime. I, like Robyn, Corey, Maria, John, Lee, Lina, Marcia, Angie, Patty, and on and on and on, will get ALL of monies returned one way or another and I can assure you, there will be damages to pay and unmendable reputations. Freedom of Speach goes a long way!
sean
Jun 6, 2008 at 5:42 pm
All who are considering a franchise, especially anyone considering doing business with Cuppy’s Coffee, Elite Manufacturing, Robert “Morg” Morgan should read Criston’s interview on AllBusiness:
Criston:
I read your interview on AllBusiness today.
Check it out everyone, and leave a word of support in the comments:
http://www.allbusiness.com/consumer-products/food-beverage-products-nonalcoholics/10207252-1.html
Charles
Jun 6, 2008 at 11:31 pm
I have read Ms. Criston Menz’s interview on AllBusiness.com. Criston is RIGHT on with her details about Elite/Cuppy’s. They are pro’s at deception, chicanery, larceny, out right lying, fraud, and I could go on. Cuppy’s AND Elite (one and the same), are nothing more than a “franchise” of mendacious Impersonators. Their business acumen is a hoax. From top to bottom the company’s representative’s are nothing more than hucksters hell bent on stealing honest people’s money. Yes, Cuppy’s and Elite are an evil cancer on a society of “good” people with dreams and aspirations for a better life. Elite and Cuppy’s are both predators and parasites all in one, sucking the ambition’s from good people who were guilty of nothing more than trusting them. Well trust them NO more. Know them for what they truely are, rabid mongrels of trustworthiness. May God have mercy on their souls, for I won’t. Destroy my name and I will turn the other cheek, for I have two. Destroy my LIFE may you be damned, for I have only, one. Give the people back their money, now!
sean
Jun 7, 2008 at 8:26 am
Generation 1: Java Jo’z and Emerald Coast Manufacturing, which was owned by Roy Snowden with Robert “Morg” Morgan as Director of Operations, and the usual suspects: Doug Hibbing, Ben Doyle, Rachel Clark and a few others involved. They took a lot of people’s deposits and didn’t return them.
Generation 2: Snowden went to jail and Morg Morgan (Medina) bought some of the “assets” from the Snowden entity. He and “the usual suspects” started selling Cuppy’s Coffee franchises instead of Java Jo’z licenses whenever possible. However, the angry postings of the Gen 1 Java Jo’z victims killed sales, so they worked it out that some of the purchase payments due to Snowden went to repay victims instead of the IRS.
Generation 3: In order to put a new wig and fresh lipstick on this oinker, and to create the hogwash necessary to sell Cuppy’s Coffee franchises full force, “Morg” Morgan buddies up to Bob Purvin & the AAFD. The AAFD awards Cuppy’s “contract accreditation,” which Morg & Co. exaggerate into “the highest award for fair franchise standards ever granted.” Their 11-person franchise sales department sells full force, collecting deposits through Elite Manufacturing. When the Internet starts erupting again with the same complaints, Robert “Morg” Morgan and some of the usual suspects jump in the escape pod and bail, leaving Dale Nabors and Fransynergy to deal with the mess.
Robert “Morg” Morgan is the common thread through all this. He was involved with the franchisee-litigated Slender Lady franchise, Java Jo’z and Cuppy’s Coffee.
It’s worth remembering that the current Cuppy’s Coffee franchise owners are also victims to an extent, and have more than their deposits at stake.
And while the lack of progress is upsetting, and my skepticism is not diminished, there’s no evidence to suggest that Dale Nabors & FranSynergy don’t have the best of intentions. He may end up as a victim in this too.
Generation 4? The collapse of Cuppy’s Coffee benefits no one. In my opinion, depositers and franchisees alike should be most concerned with the question: Where did the money go? Where is it today?
I very much doubt it was left in a filing cabinet at Elite Manufacturing, and I also doubt it was sucked up by the payroll of Cuppy’s Coffee, where most of the employees were about 20 years old.
In addition to “Give me my money!” you should also scream “Who’s got my money?”
Anyone with information regarding what happened to these hundreds of thousands - perhaps millions - of dollars in unreturned deposits can email - in confidence - to unhappyfranchisee[at]gmail.com
Cuppy’s Coffee to Open in Charlotte, NC
Jun 23, 2008 at 6:05 am
[…] Does Cuppy’s Coffee or Elite Manufacturing Owe You Money? […]
SChaudhary
Jun 23, 2008 at 10:24 am
We are in the exact same position as everyone else. Cuppy’s has wrongfully withheld $23,900 of my uncle’s “refundable” deposit and it is INFURIATING that they are able to get away with this. But we are not going to be intimidated with the company because if you read the Elite Manufacturing “Purchase Order Agreement” it is clear that depositors have a right to the refund of their money. I have finished law school and am studying for the bar right now. . . but I have shown the Purchase Order Agreement to a few of my professors and they are all in agreement that my uncle is clearly entitled to a refund. But we are still shopping a good attorney since there is a forum selection clause in the Agreement, (i.e., the suit has to be brought in Florida even though we are in Virginia and this is where the contract was made). What I want to know is this: since there seem to be PLENTY of people out there who have been aggreived by Cuppy’s in the EXACT same way. . . what do you all think about filing a class action law suit? Maybe that is the best course of action - that we all join forces and have our greivances heard as one. It is most likely that we will be able to find an attorney who will take the case on a contingency fee agreement (i.e., the attorney does not get paid unless we win the case). We are planning to ask for a refund of our deposit, including interest, and punitive damages as well since the company is clearly acting in violation of ethical boundaries. Let me know what you all think.
Charles
Jun 23, 2008 at 10:15 pm
To: SChaudhary
Jun 23, 2008 at 10:24 am
I am not an attorney, however, I have seen a very similar case with J. K. Harris Co., the tax people. A close friend of mine hired Harris Co. to negotiate with the IRS to remedy a large tax the IRS due to a divorce settlement. Long story short, Harris Co. did NOTHING and it cost this person almost double what they originally owed. A suit against Harris Co. ensued upon their negligence to do what they were paid for. J. K. Harris Co. kept the up front fee and did NOTHING. A check of Harris’s records showed (court ordered) that they did this to many hundreds of people. Sound familiar yet? A class action suit was begun. The claimant’s to the class action suit were told that they would get something due to their suit. However, since there were SO many, J. K. Harris would settle for pennies on the dollar that was owed many hundreds of people. THEREFORE, I believe a class action suit against Cuppy’s and Elite would only bring the same effect. I could be wrong, but this is what I believe would happen. I have seen the legal process for this situation. My attorney in PA says that Elite’s contract stating that litigation must be done in Florida is “Bunk”. He states that since they did business in “PA”, in my case, they MUST abide by the laws of the state in which they do business. He must be right, cause our suit is going forward in PA and a PA judge has already said he will hear the case. A date has not been asigned, YET. It seems to me that individual suit’s would have the greatest effect. Then it comes at Elite and Cuppy’s from all sides, not just one to deal with. It takes time for a suit, but in the end they will NOT win. If they declare bankruptcy, we’re doomed to get our money back in full.
My guess, and one that worked before, let the IRS chew on their tails. If they kept all the deposit money thus far and did not declare it as income, they may be in trouble with the IRS for not reporting “deposit” income. If Elite and Cuppy’s say it was not income, then it was a deposit that was escrowed which would not be taxable. Thus, if it is in an escrowed account as “deposits” only, then the money is there to refund us all. Maybe we, who are all owed refunds, should contact the IRS to find our money and return it as before or someone goes to jail. Sound familiar? Snowdan and Java Joes situation.
Now I don’t know for sure and don’t profess to. But it appears to be a similar picture as before, that the IRS came in to rescue people’s deposits when it was Snodan and Java Joe’s. But maybe someone more astute and perspicacious in (this) TAX matter(s) can advise us, like Sean or Mr. Steinberg. Gentlemen, start your minds!
Sean, I know who’s got the money and where, (Caymen Islands). (Did Morg take a few trips to the islands?) It’s in the accounts of Elite and Cuppy’s, probably under an alias account. Just give us back our money, you crooks at Elite and Cuppy’s. Medina, start your checkbooks! NOW! (Florida to Cayman Island (Banks) is a short trip via private boat.)
sean
Jun 24, 2008 at 3:13 am
Sean, I know who’s got the money and where, (Caymen Islands). (Did Morg take a few trips to the islands?) It’s in the accounts of Elite and Cuppy’s, probably under an alias account. Just give us back our money, you crooks at Elite and Cuppy’s.
Morg Morgan is no longer affiliated with Medina, Cuppy’s Coffee, or Elite Manufacturing. It’s would seem unlikely that any such account, if it existed, would be affiliated either, don’t you think?
Charles
Jun 24, 2008 at 9:24 am
I know Morgan is no longer with Medina. When one has enough of other’s money, getting out while the getting out is good makes “one” sanguine. The greatest ruse the Devil ever devised was to make man believe He didn’t exist.
Our money, like Morgan, is no longer affiliated with Medina, Cuppy’s or Elite. It was only my analogous presupposition. So NO, I don’t feel such an account, if existing, would be affiliated either. But possible, yes. Maybe my anology is a bit facetious. I would like to hear your opinion based on the lies we have been told by Danny Jones and company about OUR money. I do respect your thoughts. “Where then is the (our)money”? Was this a preemtive action using a franchise disguise? Yes, “I think”. Anything is possible and usually IS.
Shawn
Aug 4, 2008 at 10:25 am
O.K. I am just getting updated on all this. My mother gave Java Joz $30,000 deposit and had no luck with her location. I have been trying to get her money back. When I called they said to send Mr. Jones all our information that showes what we did to get a locaton. I gave him copies of our approval letter from the SBA loan, I gave him letters from our LandLord that we were in aggreement with, I gave him letters were the Java Joz site pre man flew down to meet with my mom on her location, I gave them everything. Then I got a letter saying they recieved all our documents and Mr. Jones would call about our refund. I have been calling and calling. I finaly got through and he said he would call me in 48 hours. It has been 3 weeks and I am still calling everday… I need help ??? What can we all do. This is my mothers retirement money?? Can we all get 1 attorney to defend us???
sean
Aug 4, 2008 at 10:56 am
Shawn:
Send an email in confidence to unhappyfranchisee[at]gmail.com to inquire. Include your phone number, name and location.
Paul Steinberg
Aug 4, 2008 at 11:41 am
Charles wrote: My attorney in PA says that Elite’s contract stating that litigation must be done in Florida is “Bunk”. He states that since they did business in “PA”, in my case, they MUST abide by the laws of the state in which they do business. He must be right, cause our suit is going forward in PA and a PA judge has already said he will hear the case.
Where a party may consent to jurisdiction of a court, answering in the action would likely constitute a waiver of any objection on the basis of personal jurisdiction (subject matter jurisdiction may never be waived, but that is another story).
That being said, your attorney is simply wrong on the law if he told you that Elite was required to consent to jurisdiction in the face of a venue provision to the contrary. Indeed, the US Supreme Court has spoken to this matter in the Burger King v. Rudzewicz [471 U.S. 462 (1985] where the Michigan franchisee was forced to litigate in Miami, and the analogous case regarding forcing a Montana franchisee to arbitrate in Connecticut is Doctor’s Associates Inc v. Casarotto [517 U.S. 681 (1996)].
As to “abiding by the laws” of the state they do business in: this is a more complicated matter, but your attorney gave you a simplistic and erroneous answer. He should know better, since every properly-drafted contract nowadays specifies choice of law. My understanding is that Elite contract specifies Florida choice of law. If that is correct, even a federal court sitting in Pennsylvania would have to apply Florida substantive law. The wrinkle may come about where a state (for example, Pennsylvania) has certain statutory provisions which may not be waived.
Given the quality of legal advice currently being given to Dale Nabors, he may not object to Pennsylvania jurisdiction and PA choice of law. But if he gets a reputable attorney (like those Nixon Peabody folks he used to use) you will end up getting your suit kicked to Florida, and/or having your suit go forward in PA but with a FL choice of law. In the former case, you will have wasted money and in either case if Dale gets competent counsel, you will end up with a PA attorney having to practice FL law.
If Elite has been so incompetent that they filed an Answer in the suit and did not raise jurisdictional objections, then you have been lucky enough to have opposing counsel even less familiar with the law than your counsel.
If they have not filed an Answer, your lawyer should have advised you to keep quiet about the jurisdictional matter. Moreover, you should speak with your attorney before you post public comments about ongoing litigation…. word to the wise.
sue
Aug 8, 2008 at 12:58 pm
man, the list of unhappy people w/cuppy’s & elite is neverending. my business partner & i put down $33,900 for our “refundable” deposit, and of course werent able to obtain financing, so requested our refund back. and amazingly enough our attorney consistantly receive no calls back, nothing. upon research from our attorney’s assistance, elite is being sued for 1.7 million dollars by a construction company in northern indiana for inline build outs and coffee carts they completed and were never paid for, as well as devulging confidential trade secrets. elite & cuppys are both really shady characters and we NEED to band together, make a lot of noise, leave NO stone unturned, and make their lives a living hell, until they return all of the money they STOLE from all of us. my business partner & i have made a promise to not stop until elite & cuppys are beat down like the scums they are. i just recall the phone interview we had with the franchise committee aka: good ole boys club, and just cringe w/the fact that they can sleep at night while during the day they are actually stealing money, outright, from people who are trusting what they are saying. hey, i think maybe the director/producers michael moore or james scurlock might be interested in this scam?!?
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