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Wrongful Debit

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bearcat999

Guest
I live in Washington DC

I visited an Office Depot to buy an advertised chair. None were there, and the clerk offered to check his computer to see if any were in the warehouse. He found nine. I ordered one with my debit card.

The chair never arrived. I called, and was told that the chair was on backorder and would take several weeks to arrive. I agreed to wait.

The chair did not arrive. I called, and cancelled the order.

Some time later, another chair was advertised by Office Depot. I ordered one over the phone with my debit card. I made sure it was in stock.

Again, it did not arrive on time. I was again told that "it is on back order" and I would have to wait. I asked to speak to a supervisor.

After a great deal of runaround, Office Depot cancelled my order, and I later got an apology, and the offer of a free chair. I accepted. The free chair arrived promptly.

I was quite angry to discover that my card had been debited for the "free" chair. I called, and the debit was credited back.

Quite a while later, a box arrives on my door. Another chair, which I had NOT ordered. I call Office Depot, and they say that I placed the order for another chair, and that they took the money out of my debit card.

Am I correct in understanding that the law allows one to keep unordered merchandise as a free gift?

What needs to be done to get the unauthorized debit money back into my bank account? If I prove that I did not make a phone order call on the date and time Office Depot claims I did, is that sufficient?

If you choose to reply, please state your area of expertise. Thank you.
 


stephenk

Senior Member
when did all of these transactions take place? original order, time waiting, cancellation, re-order, etc?

Are you trying to make an argument in favor of keeping both chairs and not paying for either of them?
 
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bearcat999

Guest
Please re-read

Thank you stephen. Please re-read carefully.

I ordered a chair. It did not arrive. That order was cancelled.

I ordered another, different chair. It did not arrive. That order was cancelled.

As an apology, I was offered a "free" chair. I accepted. It arrived. I was charged for it. I got the money back.

Finally, a chair arrived for no reason at all. I had not ordered it. Money was taken off my debit card for it, without my knowledge or permission.

I want to know how to go about getting my money back for this final charge, without returning this last chair.

I want to know what proof I can/must provide to demonstrate that I did not place this last order.

I want to confirm that unordered merchandise may be treated as a free gift.


The dates and other particulars really don't matter. It has been about a month since the latest chair arrived.

Thank you. If you choose to answer, please identify your area of expertise.
 

stephenk

Senior Member
the last chair to arrive wont be considered a "gift" by any court. It will be considered a mix-up due to the order, cancellation and re-order and further cancellation in purchasing the chair. It wasnt an unsolicited delivery to you. Unless the chair came with paperwork telling you it was a gift, it will need to be returned. however, you arent responsible to pay to send the chair back. They will have to make arrangements to pick up the chair. Plus confirm that your debit card will be credited once arrangements are made to return the chair.

You got a free chair out of the mess, dont turn into an ugly fight that you will eventually lose by trying to get another free chair out of it.

If you keep the chair, they have the right to debit your card.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Steven, why are you wasting your valuable time on this idiot?

Apparently, you haven't read this idiot's other posts. He's a "vicious" felon, and his posts are nothing more than springboards to other crimes. For example, in one of his posts, he wants to know if he can own a gun!

Read them. Most are amusing. Some are ridiculous. Some are just plain stupid.

IAAL
 
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bearcat999

Guest
Clarification

Thank you for trying, Stephen, but your last response shows that you are still confused. It seems that you think that only one order for a chair is involved. It also seems that I am unable to make you understand otherwise. I am not blaming, just trying to close the discussion with you since it is not productive.

I will do some further research, but as I recall, a former employer of mine routinely received unordered merchandise in the mail and routinely kept it under the law I asked about. When I find out one way or another, I will let you know.

As for my other posts, please do take a look. Hopefully you will read carefully there if you choose to respond, and will identify your area of expertise. Thank you for taking the time to try to help!:)
 
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bearcat999

Guest
Definitions

**********************************************
IAL response:

Steven, why are you wasting your valuable time on this idiot?

Apparently, you haven't read this idiot's other posts. He's a "vicious" felon, and his posts are nothing more than springboards to other crimes. For example, in one of his posts, he wants to know if he can own a gun!

Read them. Most are amusing. Some are ridiculous. Some are just plain stupid.

******************************************

Ah, idiot. What is an idiot?

An idiot is someone who addresses "Stephen" as "Steven".

An idiot is someone who assumes that a felon is necessarily vicious, stupid or unworthy of respect.

An idiot is someone who wastes your valuable time and theirs with petty and condescending insults about irrelevancies (see comments re: political status of DC posted in reply to an earlier question of mine).

An idiot is someone who reads the words "weapon, taser, and mace" and deliberately twists them to read "gun" (firearm).

An idiot is a trained attorney who refuses to acknowledge that the Constitution, not state law, is "the supreme law of the land", assuring us all of the right to keep and bear arms.

An idiot is someone who suggests that the person they are addressing is violent, then tries to make that person angry by insulting them.

An idiot is someone acknowledged by the administrators of this site to be widely hated and complained about by dozens of honest and serious users of the site.

An idiot is someone who shows no respect for the disabled.

An idiot is someone who shows no respect for a man on welfare trying to go back to work.

An idiot is someone who shows no respect for people who have paid their debt to society.

An idiot is someone who shows no respect for a man whose rights have been violated by government.

An idiot has no humility. An idiot does not mind her own business. An idiot speaks without thinking. An idiot harasses instead of helps. An idiot is subjective when objectivity is called for. An idiot is careless of the harm she causes to others. An idiot Is Always Liable.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Bravo, Bearcat!

First of all, the name is "IAAL". So, by your definition, you must be an "idiot."

Second, your response is very nearly "poetic" and beautifully written. Most of the criminals on these forums can barely spell and write themselves out of a shoebox . . . but, your pros are very readable. Congratulations!

Can you explain how such a well-educated person, as you obviously are, became a felon?

Apparently, you weren't smart enough, or as smart as me, to stay out of the "grip" of the law. Talk about "ironic."

At this point, I can only theorize that your psychiatrists have opined, and diagnosed, that you're an "idiot savant." Can you confirm my theory?

You've clearly got some serious psychosis going on - - perhaps a bit of paranoia too!

Let's see - -

You're a "vicious" felon, and according to your numerous other posts, you're having trouble with your tenant, you're having trouble with your landlord, you're having trouble with the government, you have bad account debits; are trying to keep mishipped merchandise goods (i.e., stealing); you're clinically diagnosed with depression; you have no money, and no job; and you want to know if you can possess a firearm?

Pal, you're an explosion, and a suicide, waiting to happen. You need to be in a "rubber room" with all of your troubles. The world is a nasty place, and everyone is out to get you! You have found fault with everyone who has written back to you!

IAAL
 
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stephenk

Senior Member
no matter how many different ways you want to state it, the only true fact is that you were mistakenly shipped a chair as a result of ordering, cancelling, re-ordering and re-cancelling chair orders.

You know it wasnt an "unsolicited gift". A court will find that it was not an "unsolicited gift".

Your options are simple:
1. Return the chair; OR
2. Keep the chair and have your debit card charged.


After reading your other posts, I believe you have more important problems to worry about and more important things to try and spend your money on, than trying to figure out how to get hold of a gun. As a felon, you are barred from legally possessing a firearm or voting or holding most government jobs.

Stephen aka Steven aka Step aka Starshipenterthighs
 

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