Possibility of victory in small claims?

[Earl2010]

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

There is a store that I had car work done on (not repairs but electronics) and the guy could not get the item installed correctly, so I received a store credit (policy was no refund, credit only). So I have been trying to purchase something from this store to burn up the credit, and I keep getting the run around. Store does not stock much of anything so they have to order it. Its been 3 weeks since I went in and told them what I want, they claim they need a large enough order to get from their supplier. (I don't buy that for a second) They never answer the phone when I call (I know the guy checks caller ID since I saw him do that and ignore a call when I was there), and never returns messages. Only way to get any dialog is to go there in person. Now I am really getting fed up and want to sue in small claims to get the $ amount of the store credit I have. (only about $200 but it's the principal of it now).*The credit is a handwritten amount on a store receipt. I am ready to go in there this week and demand the merchandise within a few days or else I file the claim in court. Is there a chance I can get my money this way?

 

[Zigner]

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

There is a store that I had car work done on (not repairs but electronics) and the guy could not get the item installed correctly, so I received a store credit (policy was no refund, credit only). So I have been trying to purchase something from this store to burn up the credit, and I keep getting the run around. Store does not stock much of anything so they have to order it. Its been 3 weeks since I went in and told them what I want, they claim they need a large enough order to get from their supplier. (I don't buy that for a second) They never answer the phone when I call (I know the guy checks caller ID since I saw him do that and ignore a call when I was there), and never returns messages. Only way to get any dialog is to go there in person. Now I am really getting fed up and want to sue in small claims to get the $ amount of the store credit I have. (only about $200 but it's the principal of it now).*The credit is a handwritten amount on a store receipt. I am ready to go in there this week and demand the merchandise within a few days or else I file the claim in court. Is there a chance I can get my money this way?

You have store credit - that is all you are entitled to. I don't see what suing is going to do for you because all the courts can do is make them give you (wait for it**************)
STORE CREDIT!

Buy something that's in stock.

 

[Earl2010]

So I am supposed to use my hard earned money on something that I may not even want? This store has like no stock at all, and what little he has am I supposed to demand to go to his stock area to browse through it?

 

[Dave1952]

Mr Zigner is right. You are entitled to store credit. You've only been waiting 3 weeks which is not a big deal. Even as I type this the UPS guy is walking towards your house.
Post back in 3 mo. and you might have a case to get your money back.

Good luck

 

[Zigner]

Mr Zigner is right. You are entitled to store credit. You've only been waiting 3 weeks which is not a big deal. Even as I type this the UPS guy is walking towards your house.
Post back in 3 mo. and you might have a case to get your money back.

Good luck

Even 3 months from now, the recourse is STORE CREDIT. That is what the OP agreed to.

 

[justalayman]

I disagree (with reservations) with the others. The reason you were owed a refund or credit may change what you are entitled to.

There is a store that I had car work done on (not repairs but electronics) and the guy could not get the item installed correctly, so I received a store credit (policy was no refund, credit only)

explain why you were given the credit. What was being installed; where did you purchase the item; did they tell you it would fit; why wouldn't if fit; and anything else you can think of involving the original transaction.

 

[racer72]

I'll take A snowball's chance in hell for 600, Alex.

 

[justalayman]

I'll take A snowball's chance in hell for 600, Alex.

without much info I am taking a stab at a possibility. If this involves a warranty of implied fitness for a particular use, the OP would have a valid claim to simply rescind the sale and not be required to accept a store credit as compensation if he purchased the device based on the retailers statements.

Since it involved some device being installed in his car that they could not install correctly, a warranty of fitness could be applicable if the merchant was who determined it was the proper item.

Additionally, and in a totally separate reasoning; how was the customer notified there was only store credit for returns policy? Failure to notify often blows the merchants case out of the water.

 

[tranquility]

I don't know, Davey.

Here's how I would argue it in court.

In the first place, we don't have a "return" here, but an installation. A *contract* for installation. I'd shimmy up and say the defendant breached the contract. I'd like the money I paid in mitigation to have the installation of the product in my car and/or rescission of the contract. (Rescission may not be a remedy in small claims.) In either case, I bet the amount is at least $200.

Smarmy manager says, "Sorry, but our policy is only store credit."

I reply, Um, your honor, are they trying to enforce the contract they breached?

Smarmy manager says, "He later agreed to store credit by accepting the receipt."

I reply, "Can we have a modification of the contract without consideration? What did they give up for my acceptance of store credit? The right to have to pay me my money back?"

OP sue the store for your money back. Sue for breach of your contract to install the device. Ask for the amount it took for you to go somewhere else to have it installed. (Include mileage and the like. Everything that it took you to gain the benefit of the contract they breached.) Let the judge decide.

 

[You Are Guilty]

Good advice above, but leave the rescission argument at home. NY small claims doesn't have equitable powers.

 

[Earl2010]

It was an alarm I had installed in my car. Once installed certain features of the car did not operate properly. I had the car back to the guy numerous times, and he claimed he made adjustments, none of which solved the problem. He offered then to remove the alarm and offered me part of the amount I paid as store credit. This was over a year ago mind you. A few weeks after he removed it, I went to another store and had a different brand installed (only one this other placed carried) and everything works fine. This 2nd installer told me wrong wires were tapped into the first time. So I have wanted to use up this store credit at the original place and just be done with them, but every time I go in to buy something (he is very overpriced as well) he tells me he will get a price from his supplier and call me back, which he never does. So of course I go back to the store and he has some line, "I can't get that item", "I can't order from the supplier until I have enough stuff for a big order". Three and a half weeks ago I went to him for some items, he told me the price, said he would have enough to place an order in 2 weeks. I said OK and went on my way. I went back 2 weeks later, he tells me he doesn't have enough to place an order, will be another week. Today I am going back which is now three and a half weeks to see what BS he has to say this time.

If you hear of a murder at a car audio shop in NY it will be me, and I will be back here for different advice lol!

 

[Earl2010]

I should add that I am pretty sure I do not have any receipt for the original install, just the store credit one. So the big story of what went wrong originally probably will not matter. My real issue now is having store credit that is essentially worthless if they guy wont get the stuff I want, and which he is listed on his website as being a reseller for.

 

[justalayman]

two things:

yes, not having documentation from the original situation could be a problem for you.

in support of their claim of having to wait to accumulate a large enough order to be able to place it; not at all uncommon. Many suppliers have minimum order quantities in order to get certain pricing or sometimes, to get an order at all. Often times, when ordering one item, the surcharges are so great on a minimal order, it costs more than ordering above the minimum basic order.

not saying that is the situation for sure but there is a real possibility of truth behind it.

 

[tranquility]

Ah, the problems when people *actually explain what's going on* rather than give generalities.

I don't think court is a realistic possibility any longer. Proof would be almost impossible and there are too many arguments within what happened to be worth the hassle.

 

[wrongsometimes]

Mr Zigner is right. You are entitled to store credit. You've only been waiting 3 weeks which is not a big deal. Even as I type this the UPS guy is walking towards your house.
Post back in 3 mo. and you might have a case to get your money back.

Good luck

I would disagree - the store credit clearly has value but the store is refusing to honor it. File small claims - court will agree. Small claims courts are more attuned to justice than others