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Phone Transaction

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la_donna

Junior Member
What is the name of your state?
California

A few months back I asked for something to be put on hold and gave the merchant my credit card # because I needed it to be held for a week which is longer than they usually hold it. It turns out, the merchant charged my credit card without my permission. When I called to let them know that I would not be able to make it when I said I would and to let the item go, they said I was committed to the purchase and refused to give me my money back. They claimed I had said I was going to pick it up a week ago and that I authorized it. Furthermore, because I refused to let them send the item to me, they automatically entered a store credit into their system.
I tried to dispute this with my credit card company, but they said that because they followed through with the store credit because they have a norefund policy, that there was nothing that could be done. However, the biggest evidence I have is that the merchant has a phone order policy in which a faxed form needs to be filled out and returned with a copy of the credit card and drivers license. Yet this was never done as it obviously was not a valid purchase transaction. However, my credit card company says that this policy must be in writing in order for them to consider it as part of my case. Yet, the merchant either does not have it in writing or is unwilling to disclose their selling practices policy to me.
What can I do to get my money back? The merchant claims I made the purcahse even though they do not have the faxed form and furthermore, claims that I accepted the store credit even though they automatically entered it without my consent and without sending out any sort of voucher. Shouldn't the merchant be held accountable and responsible for their own phone order policies?
 


djohnson

Senior Member
They are in the right in my opinion. You asked them to hold the item. To hold it they required a credit card as part of a guarantee. You didn't follow thru. They don't offer refunds, I think you are stuck.
 

la_donna

Junior Member
however, alot of stores hold credit cards on file when customers are interested in an item; however, they need to follow up with confirmation from the customer to actually process the order. in this case, it can't be valid because they have a strict policy that phone orders MUST be processed with a signed fax from the customer which they obviously did not present to me.
 

djohnson

Senior Member
However technically, they didn't process your order. They held an item at your request using your credit card as a guarantee. It could be taken different. Try talking to the company. It's your only chance now.
 

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