carpet gone wrong

[terrieortega]

What is the name of your state (only U.S. law)? colorado

In januray on the 21st I went to a small business to purchase carpet, I found one I liked and we agreed that the carpet would be installed NO LAter than feb 2, 2009. Which was within the 7 to 10 days they told me it would take to get there. On feb 1st I called to see if they would be there to install the carpet, I was told that he would call to see why it wasnt there, after around 6 hours of waiting I called back and was told it was still in Georgia (we live in CO) and that it would be here Friday the 7th or monday the 10?? I said that was unacceptable and to call Georgia and that I was cancelling. I was told I could not. I never sined a contract, was given only a hand written receipt that I did not sign, nor did I even sign the credit card sales slip. I went to by bank and disputed the charges hdue to the fact I had not received the services I paid for. Everything was good, I had Lowes install the carpet, signed thier contract and had my carpet in 2 days. Last week on the 29th the bank did a charge back and sided with the compay!! I called with no results I am stuck paying the bank back. The company still has the carpet, and the pad, the labor and the taxes I paid on the install. But I signed nothing at all!! It is hearsay on thier part, but I have the receipt that I had another company install the carpet right away. The carpet company will not call me back, they areent crediting me anything and I am out $1300!!! Also the FDIC came in and closed my bank now the FDIC is threatening me also?? Why are they not protecting me..the person who did the right things by cancelling when the carpet comapny could easily sell the carpet and make thier money back?? Now what do I do?? no money, no carpet, I never signed anything at all....please answer

 

[Antigone*]

What is the name of your state (only U.S. law)? colorado

In januray on the 21st I went to a small business to purchase carpet, I found one I liked and we agreed that the carpet would be installed NO LAter than feb 2, 2009. Which was within the 7 to 10 days they told me it would take to get there. On feb 1st I called to see if they would be there to install the carpet, I was told that he would call to see why it wasnt there, after around 6 hours of waiting I called back and was told it was still in Georgia (we live in CO) and that it would be here Friday the 7th or monday the 10?? I said that was unacceptable and to call Georgia and that I was cancelling. I was told I could not. I never sined a contract, was given only a hand written receipt that I did not sign, nor did I even sign the credit card sales slip. I went to by bank and disputed the charges hdue to the fact I had not received the services I paid for. Everything was good, I had Lowes install the carpet, signed thier contract and had my carpet in 2 days. Last week on the 29th the bank did a charge back and sided with the compay!! I called with no results I am stuck paying the bank back. The company still has the carpet, and the pad, the labor and the taxes I paid on the install. But I signed nothing at all!! It is hearsay on thier part, but I have the receipt that I had another company install the carpet right away. The carpet company will not call me back, they areent crediting me anything and I am out $1300!!! Also the FDIC came in and closed my bank now the FDIC is threatening me also?? Why are they not protecting me..the person who did the right things by cancelling when the carpet comapny could easily sell the carpet and make thier money back?? Now what do I do?? no money, no carpet, I never signed anything at all....please answer

Did you use a debit card or a credit card?

 

[terrieortega]

I used my debit card

 

[Antigone*]

I used my debit card

You are not afforded the same rights as a credit card when you use a debit card. You gave them permission to run your card and they did. The chargeback to your account from the bank is legitimate. If your account is overdrawn because of the debit, the bank or the FDIC in your case will seek to recover from you.

You will have to seek reimursement from the carpet company through the courts if they are not willing to give you a refund.

 

[Kiawah]

They would cut the carpet to your length off a large roll, so I highly doubt they'll be able to use it, given everyone's varying taste in color/quality/cost and size. They'll have to try and sell it at highly discounted rate to unload it. So they definitely have costs associated with acquiring the carpet, shipping it in, having it in inventory as a cost, and storing it until they can unload it.

The pad, on the other hand, should be standard and is pieced together underneath the carpet, so should be reusable on another job. The labor, obviously, was not spent/consumed on your job.

So from a reasonableness perspective, it seems there are costs that were not spent out of your total cost, that they may be willing to give you a refund or store credit on, depending upon the tone of the working relationship you have had with them.

You have nothing signed in writing indicating that you both agreed on a drop dead date, so I suspect it would be hard to win a refund on this.

Worst case if all negotiations fail, have the carpet delivered because you can have someone put edging on it and you can potentially use it yourself in some other room, some other house, some other time. And there is always Craigslist.