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I won disputed billing now I get harassment..

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pickonme

Guest
I won an extended billing dispute process with a merchant and my credit card company however, now the merchant is harassing me with threats and name calling. Everyday now I get a phone call from either the owner, the manufacturerer or the secretary demanding return of the merchandise that was defective and had precipitated the dispute in the first place. For 5 months I had requested a return authorization and never received one and all this time THEY had MY money. NOW that the bank has pulled the money back they have sent me a UPS pick-up slip for the merchandise. I have made repairs to the defective merchandise and feel I should keep it. The bank said the final determination is FINAL and the merchant has NO recourse as it was determined by a thrid party as to the validity of the complaint and by the contract the merchant has with the credit card company. The merchant did NOT hold up to his contract with the credit card company or his bank. He also disregarded an inquiry from the Better Business Bureau. I would like a legal opinion so I can sleep at night. :confused:
 


stevek3

Member
pickonme said:
I won an extended billing dispute process with a merchant and my credit card company however, now the merchant is harassing me with threats and name calling. Everyday now I get a phone call from either the owner, the manufacturerer or the secretary demanding return of the merchandise that was defective and had precipitated the dispute in the first place. For 5 months I had requested a return authorization and never received one and all this time THEY had MY money. NOW that the bank has pulled the money back they have sent me a UPS pick-up slip for the merchandise. I have made repairs to the defective merchandise and feel I should keep it. The bank said the final determination is FINAL and the merchant has NO recourse as it was determined by a thrid party as to the validity of the complaint and by the contract the merchant has with the credit card company. The merchant did NOT hold up to his contract with the credit card company or his bank. He also disregarded an inquiry from the Better Business Bureau. I would like a legal opinion so I can sleep at night. :confused:
But he also has a contract with YOU. You think you're entitled to have your cake and eat it, too. Wrong. The credit card company/bank was just the middleman. He has no recourse WITH THEM. However, he has recourse with YOU. Now that you have your money back, which is what you wanted in the first place, give him back his merchandise.
 
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pickonme

Guest
Cranky?

I sure am glad that "free advice" has the feature of seeing previous posts made by it's "members" or I would almost have thought "stevek3" had some knowledge. It seems he spends his time posting negative comments to valid concerns and he does NOT accept e-mails from other members... sort of a cowards way of insulting. I am looking for comments regarding similar situations and I will post any results I get from this in order to help others in the same situation. The merchant had 5 months to request the merchandise back and I had offered to send it back to him at anytime at HIS expense..... he refused to respond to any communications from myself or the credit card company. He had NO interest in making the situation "right" as long as he had my money. He has an obligation to abide by the terms of the credit card when HE accepted it as payment. The credit card has a buyer protection plan the he is fully aware of. Is this not like a judgement that has been made and he is trying now to undo the "judges" order. I am bound by the terms of my credit card in the same manner. If I had not followed proceedure, I would have forfeited all rights to a settlement. I will do what is "legal" but the whole billing dispute process would be moot if it holds no authority.
 

stevek3

Member
pickonme said:
I sure am glad that "free advice" has the feature of seeing previous posts made by it's "members" or I would almost have thought "stevek3" had some knowledge. It seems he spends his time posting negative comments to valid concerns and he does NOT accept e-mails from other members... sort of a cowards way of insulting. I am looking for comments regarding similar situations and I will post any results I get from this in order to help others in the same situation. The merchant had 5 months to request the merchandise back and I had offered to send it back to him at anytime at HIS expense..... he refused to respond to any communications from myself or the credit card company. He had NO interest in making the situation "right" as long as he had my money. He has an obligation to abide by the terms of the credit card when HE accepted it as payment. The credit card has a buyer protection plan the he is fully aware of. Is this not like a judgement that has been made and he is trying now to undo the "judges" order. I am bound by the terms of my credit card in the same manner. If I had not followed proceedure, I would have forfeited all rights to a settlement. I will do what is "legal" but the whole billing dispute process would be moot if it holds no authority.
Two points:

First, I have absolutely idea what in the hell you are talking about with respect to e-mail, or whatever it is you're warbling about. If you want to talk to me in private, or whisper in my ear, or massage my tender lower back, or whatever you're slobbering about, then send a private message that's available on this fabulous Internet forum software. Which, by the way, a person with normal eyesight now requires a telescope to read.

Second, Christmas did not come early for the Pickonme family. You're looking at the situation as some kind of a perverted windfall. You have your money back. Congratulations. You're a hero. Now, you are obligated to return his merchandise. Morally, ethically and LEGALLY. Your rationalization doesn't change the facts.
 

SAK2000

Member
Sorry pickonme but Stevek3 is correct. I actually went through same thing and ended up going to court over the issue. The judge said if I wanted my money back, I had to give the merchandise back.

I know you may be bothered about this situation right now but later on you will realize it really is the right thing to do.

I hope this helps.
 

extrok

Junior Member
hmm

You know technically you do have to return the merchandise since you were given a chargeback. However, I have been in a similar situation and I kept the merchandise because I put $200 in repairing it during the year that it took me to get the chargeback settled. In my experience the vendor will probably not go to the trouble to sue you in your jurisdiction, and if they do they are only going to be able to recover their goods (counter sue for the repairs made to get your refund)

On the other hand they can not legally be harassing you. Just call your police and report that, just don't sit back and tolerate it.
 

djohnson

Senior Member
Another agreement, legally if you are refunded it's their merchandise. You had no business altering it in anyway, keep in mind they can take issues with that once they get it back. You may want to try and make a deal with them where you pay half price and get to keep it or something. Ultimately it will be up to them.
 

divgradcurl

Senior Member
In my experience the vendor will probably not go to the trouble to sue you in your jurisdiction,
How do you know this? And how do you know that they are not already in the SAME jurisdiction?

if they do they are only going to be able to recover their goods (counter sue for the repairs made to get your refund)
What would keep them from recovering their costs if they prevailed? We don't know how much they are talking about -- if it's beyond the small claims limit, then you're gonna have to hire a lawyer, etc.

On the other hand they can not legally be harassing you. Just call your police and report that, just don't sit back and tolerate it.
If they aren't in the same jurisdiction, then the cops aren't gonna be able to do anything. Besides, how often do the cops come rolling out when you complain to them about telemarketers, or collection agencies?
 

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