Getting my money back

[Mshipman]

I am in Illinois and the computer manufacturer is in California. I bought my system Dec. 99. I paid to ship it to Ca. for replacement in January, receiving the refurbished tower Feb 4, 00. This tower was defective also, and after several months I got an authorization to return this one also. I was told at that time it would take 10-14 days before I would have another refurbished tower. On May 6th, I was told I would receive an upgrade and that it would take 10-14 days. Between May 20-26 I called for a status and was told the tower had not arrived until the 19th, that it would be shipped on the 26th and take 5-7 business days. On June 5th I was told that there was no way of telling if, or when my tower would be shipped. After numerous long distance phone calls, I was put on a high priority list to have a tower Fed Ex'd to me. I was told at this time I might receive two as they did not know if "one was in the air to me". After 1 week of being on the priority list and being told it could be another week before it was shipped I requested a refund of my money. I was told that a request would be put in but "he did not think I was entitled to a refund". On June 20th and 21st I received a tower (2 total). Now the manufacturer wants both returned BEFORE they can process a refund, with no guarantee that a refund will be issued, and if it is they could not say when I would receive it. In 6 months I have only had a working computer for 6 weeks. I will be without a computer for another unknown amount of time if I have to accede to their demands.

I would like a written guarantee of refund and date it will be received before I return anything to the manufacturer. BTW, they are requesting both be returned even though I did not request two, and had been told that I might receive two. Nothing was said about having to return the second one. Do I need a lawyer or a lawyer's advice?

Thank you
M. Shipman

 

[Tracey]

Assuming that you now have a working computer, you have no reason to cancel the contract. Therefore, they don't have to refund your money. The question, of course, is whether you have a working computer or 2 expensive paperweights! You only bought one computer, so you'll have to return the extra. Keep whichever one you want & return the other. They have to pay shipping & insurance. However, keep both computers until they demand one be returned and send you a FedEx postage paid label. The way these bozos operate, it'll be 6 months before they send the label. By that time, the computer will have broken again & you can demand a full refund.



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.