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Book Co. Won't Refund Or Send Book

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ChellyBean

Guest
What is the name of your state?
Connecticut

I ordered college textbooks online on July 28, paying with permission using my boyfriend's debit card. The books were quoted as shippable within 3-10 days and cost just over $600. To make a long story short, the books didn't arrive for nearly a month, and one never did. I have emailed them several times to which they reply the book was shipped. They can provide me no tracking number or proof that it was sent. Their customer service line is busy from their 8a-8p hours of operation and when they do reply to emails it takes up to a week. Not only did I have to pay the $95 or so for this one book, but I was also forced to pay an extra $140 to buy the book brand new from the school bookstore in order to stay enrolled in the class. It's now been nearly three months and my last email went unanswered.

I'm thinking of taking them to small-claims court. The company's address is in CT as well. In theory, I'd like the cost of the book I bought from them in addition to the cost of the new book I had to buy, plus something extra for the countless hours of arguing with professors who thought I was a slacker for not having the book.

Is this feasible? I know nothing about law other than what I've seen in half a semester of Legal Environment of Business classes. Some people have told me to try the Better Business Bureau first. I've informed the company through email that I intend to pursue legal action, since I can't even return the book once I get it. (Their return policy states that items can only be returned within 30 days of order confirmation, and will be subject to a restocking fee as well as the cost of shipping.)

I apologize for the length of my post, but I was trying to get in as much necessary information as I could. If anyone has any ideas, I would appreciate them greatly.


Thanks again,
Michelle
 


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ChellyBean

Guest
Small Update:

Since it's Murphy's Law that I can only find the links I need (i.e., B.B.B. complaint page) after I finally suck it up and ask for help, I have reported the claim with them. Apparently, the company is in good standing and is willing to use mediation & arbitration as a means of dispute settlement. Does this mean they would be unwilling to come to small-claims court if I do end up filing?

Thanks again,
Michelle
 

JETX

Senior Member
Needless to say, you have a huge problem.

"I'm thinking of taking them to small-claims court."
*** You can do that, but the proof that the book was not included will fall on you..... and I doubt that you can meet that condition. Does the packing list show the book as included?? Did you contact them in WRITING as soon as you opened the package and realized the book was not included? What you did and how you did it at the immediate time will likely be important.

"In theory, I'd like the cost of the book I bought from them in addition to the cost of the new book I had to buy, plus something extra for the countless hours of arguing with professors who thought I was a slacker for not having the book. Is this feasible?"
*** No., that is unreasonable. You will NOT get the book for free, nor will you be compensated for any time you might have spent. The best that could happen would be that they would apply a credit of the cost ($90.00) back to the credit card..... if you can convince them that the book was not shipped.

Your best option at the time would have been to challenge the billing with the credit card company. However, the time allowed for that is only 60 days from the reciept of the statement, which from your post appears to have passed.
 
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ChellyBean

Guest
Does the packing list show the book as included?? Did you contact them in WRITING as soon as you opened the package and realized the book was not included?
They told me that my books would not be shipped all at once. Each time I checked the packing list, it never listed the book as being sent. Of course, I don't have them anymore :( The only writing I could contact them through was email because their contact information wasn't up no matter how hard I looked. They kept telling me it had been shipped.

The BBB is processing my claim, and I wrote in everything that was here. Hopefully they can help me with this, since I really don't have the $230-$240 to be gambling with. I bought the book from them to SAVE money, not double what had to be spent :(

Thanks for your input,
Michelle
 

JETX

Senior Member
I hope the BBB is able to help you, but probably not. My experience with the BBB is that they are basically a 'quasi-clearinghouse' for the businesses. I find that other than logging the complaint and recording it as resolved or not, they are usually pretty useless.
 
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ChellyBean

Guest
I've heard that about them, as well. If nothing else, there's a branch office in my town that I never knew about. In 29 days, if I don't hear anything, a-marching I will go ;)


Michelle
 

pele

Member
I had a claim with the BBB this year and was very happy with the results. The company in question did have a bad rating. Also, at work, we contacted the BBB and again, had good success, resulting in $500.00 charge removed from the boss's credit card. I hope this works out for you. It took 1-2 weeks for both problems to be rectified.
 
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ChellyBean

Guest
Thanks, Pele :)

Well, after an email to the company a week ago reminding them that I do, in fact, still exist and am planning legal action and will be contacting the BBB, I got a lovely email.

I apologize for the delay in replying your email.

Our records indicate that your order has already been shipped. If you wish to cancel the order, you may refuse the delivery. We will initiate the refund. Please note that you will not be charged for restocking fee.
I asked them precisely when I could expect this order so that I could refuse it, and what steps exactly I had to go through for the refund. I was utterly shocked to see that they had no negative ratings at all with the BBB. But it does only show them in business since May of 2003, when I know they've had other subsidiaries for longer. Maybe they just changed the company name - who knows. It's looking up, though. Thanks again to Pele and JETX :)


Michelle
 

pele

Member
Glad to be of help. Apparently, the BBB has some clout, because the companies that were involved responded quickly after the BBB contacted them. I was really surprised, especially with $500.00 charge on the boss's credit card. Companies can have unsatisfactory ratings with the BBB, they can fix the problems, but once that unsatisfactory rating is there, it sticks. That is what the company you are dealing with is probably afraid of, too many complaints. Best of luck to you.
 

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