Undelivered Merchandise

[VaConsumer]

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

I ordered furniture online from a business in NY in January, 2008. Although I was given several assurances that the furniture would be on its way soon, the furniture never arrived and I canceled my order in June 2008. I received a cancellation notice and a message stating that the company could not refund my money because of technical difficulties. They told me to contact my credit card company to dispute the charge. My credit card company said the 60 day window to dispute the charge has passed and there was nothing they could do for me. I said I wasn't granted a refund until June, 2008, so I really had no dispute until now (July, 2008). They said they were legally restricted from accessing that charge by federal law after 60 days.

Is my credit card company really unable to retrieve my money even if the refund was granted six months after the charge occurred? Is there any way to get my money back from this company? I think it is criminal on their part to keep my money without delivering my merchandise. Where do I stand, legally?

 

[Zigner]

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

I ordered furniture online from a business in NY in January, 2008. Although I was given several assurances that the furniture would be on its way soon, the furniture never arrived and I canceled my order in June 2008. I received a cancellation notice and a message stating that the company could not refund my money because of technical difficulties. They told me to contact my credit card company to dispute the charge. My credit card company said the 60 day window to dispute the charge has passed and there was nothing they could do for me. I said I wasn't granted a refund until June, 2008, so I really had no dispute until now (July, 2008). They said they were legally restricted from accessing that charge by federal law after 60 days.

Is my credit card company really unable to retrieve my money even if the refund was granted six months after the charge occurred? Is there any way to get my money back from this company? I think it is criminal on their part to keep my money without delivering my merchandise. Where do I stand, legally?

Your time to dispute the charge has passed.
Your recourse is against the company.

 

[VaConsumer]

What can I do?

The charge was only $1,500. By the time I pay for an attorney to handle the legalities, is it worth pursuing?

 

[VeronicaLodge]

what the heck kind of "glich" means they cant refund your money? they are full of it

 

[VaConsumer]

Apparently they switched credit card processors and cannot refund my card. I believe the company never intended to deliver my merchandise and is familiar with the 60 day dispute window. My thoughts are that this company intentionally led me pass the 60 day window knowing I would not have access to my money. I believe this company has committed fraud. I found their NYS Corporation information. I know who they are and where they are incorporated. I just don't know what my next step should be. Do I get the police involved? The FTC? The BBB? Actually, the BBB already has negative ratings on this company. (poor research on my part before making the purchase).

If I were to steal furniture from a furniture store, the police would be knocking on my door and I would be going to court. What happens when a company takes my money?

 

[VeronicaLodge]

tell them to send you a check, its their problem how they pay you, they accepted your cancellation of the order, they have been paid by your credit card company and they owe you a refund. sue them.

 

[VaConsumer]

My question then is - is $1,500 worth suing over? I have heard concerns from others that if you lose, you pay their court costs. If I win, do they pay my court costs? Do I have to go to NY to sue them? (I live in VA...it is possible to travel to NY...but then is it worth the costs?) I think this is my main question...what is in it for me if I win? I have no doubt that I should win...I have the order form, payment receipt, order cancellation, notice of attempt to refund my money, all this documentation is sitting on my desk. Can I sue for my court costs and all costs related to filing suit. I am guessing that this company is banking on the fact that my money lost is significant but not exorbitant. Should I get a lawyer to help me with the paperwork if I do decide to sue?

 

[CameronNewport]

My question then is - is $1,500 worth suing over? I have heard concerns from others that if you lose, you pay their court costs. If I win, do they pay my court costs? Do I have to go to NY to sue them? (I live in VA...it is possible to travel to NY...but then is it worth the costs?) I think this is my main question...what is in it for me if I win? I have no doubt that I should win...I have the order form, payment receipt, order cancellation, notice of attempt to refund my money, all this documentation is sitting on my desk. Can I sue for my court costs and all costs related to filing suit. I am guessing that this company is banking on the fact that my money lost is significant but not exorbitant. Should I get a lawyer to help me with the paperwork if I do decide to sue?

First, do as Veronica suggested. Ask for a check. If that get's you nowhere, then you should sue them. Fortunately, you don't need to hire an attorney to sue. The amount is small enough that you can do it in the VA General District Court yourself. You can find the forms online with Google, or you can pick up the form at the court itself. You should demand court costs as well (which isn't a lot...maybe $30) as the $1500. There is a possibility that the seller will try to have the lawsuit dismissed for lack of jurisdiction. You may win or lose that argument. If you lose, then you will need to sue in NY instead of VA.

 

[VaConsumer]

Thank you! I just emailed my contact person for a check. I will also google those forms and look into suing for a refund in NY State. Is there a time limit to sue in small claims court? I am a bit more anxious about "time limits" because if only I knew about the 60 day credit card dispute window, I wouldn't be in this situation...Anyway, on another note, I just submitted a complaint to the BBB. Has anyone had resolution success when working with the BBB? Many thanks for your input.