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  #1  
Old 09-07-2008, 03:54 AM
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Hounding a company for a refund


Hey, I hope you can help me out, so here's a very brief version my sob story:
I purchased an item from a company online, but they never sent it. I hounded them for almost a month, then they told me they'd give me a refund. Instead, they sent me the wrong item and refused to give me my refund until I shipped it back. Now they have the item, but still won't refund me. I'm in MA and the company is in NJ, I've filed a complaint with the BBB, is there anything more I can do short of flying down to NJ and suing them in small claims?

[EDIT]:
I have a hard copy EVERY email that I have sent them, and they've sent me, datestamped by yahoo mail.

Last edited by Garrett2533; 09-07-2008 at 04:29 AM.
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  #2  
Old 09-07-2008, 06:55 AM
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How did you pay?? If by credit card, simply dispute the charge with the card issuer.
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  #3  
Old 09-07-2008, 11:06 AM
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It was by money order. They have cashed it already.
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  #4  
Old 09-07-2008, 12:11 PM
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Quote:
Originally Posted by Garrett2533 View Post
It was by money order. They have cashed it already.
Then you are pretty much SOL. Giving them a money order is like giving them cash. Not much protection for you.

Recommendation... ANYTIME you are paying for anything online, either use a credit card (not a debit card). If you don't have a credit card, don't order it online.
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The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!!
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  #5  
Old 09-07-2008, 12:16 PM
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Quote:
Originally Posted by JETX View Post
Then you are pretty much SOL. Giving them a money order is like giving them cash. Not much protection for you.

Recommendation... ANYTIME you are paying for anything online, either use a credit card (not a debit card). If you don't have a credit card, don't order it online.
JETX,

When you use the VISA or MasterCard portion of a debit card, aren't you covered as if using a credit card?
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  #6  
Old 09-07-2008, 01:30 PM
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Originally Posted by JustAPal00 View Post
When you use the VISA or MasterCard portion of a debit card, aren't you covered as if using a credit card?
No. Credit card protections are provided from the FCBA (Fair Credit Billing Act).
Debit card (aka 'check cards') protections are provided by the EFTA (Electronic Funds Transfer Act).

Simply, a debit transaction is very similar to cash or check... with the same LACK of protection.
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The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!!
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  #7  
Old 09-07-2008, 03:14 PM
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Quote:
Originally Posted by JETX View Post
Then you are pretty much SOL. Giving them a money order is like giving them cash. Not much protection for you.

Recommendation... ANYTIME you are paying for anything online, either use a credit card (not a debit card). If you don't have a credit card, don't order it online.
I did save every email from them. I have emails where the say they've recieved the payment, and where they say they'll refund me. Are these legally binding?
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  #8  
Old 09-07-2008, 03:18 PM
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Quote:
Originally Posted by Garrett2533 View Post
Are these legally binding?
Depends. Some 'small claims' courts will allow them as they are. However, a REAL court will require you to 'prove' the email originated from them and not some phishing or spoof site.
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The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!!
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  #9  
Old 09-08-2008, 12:09 AM
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Quote:
Originally Posted by JETX View Post
Depends. Some 'small claims' courts will allow them as they are. However, a REAL court will require you to 'prove' the email originated from them and not some phishing or spoof site.
I'm a student in MA, and I don't have the finance to go to Jersey for a few days to get $80.
Is there anything I can do from here, or am I left for dead here.

Also, if I did go to small claims in Jersey, could i press for more than my money back? I don't see it happening(suing them,) as it's a small company and I don't see a sum coming from this to make it worth while. I was just wondering.
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