Collections

[mmprestine]

Hello from WI,
In Oct 2008 I purchased a kids ATV over the internet from a place in TX for $500. It took four weeks for the unit to arrive and when it did it was damaged. I had the shipping company note that the item was damaged and proceeded to contact the merchant. The merchant pleaded for me to keep the unit and stated that they would send replacement parts for the items damaged and not to send it back. I filled a claim ticket within their system and waited patiently. Needless to say I never received anything but endless promises. In Feb. 2009 I filed a claim with my credit card company and the merchant never responded within the 45 day limit so the credit card company refunded my money. Now nearly 7 months later the merchant is saying they are going to send me to collections if I don't pay amount owed. I have the damaged unit and never received any parts or contacts for a refund or return. They still avoid the damage claim and just want their money. I say to bad I want a new unit or my parts before you get your money.

Can they really send this to collections even though they did not respond to my credit card company within the 45 day time frame?

It is concerning that they have to be so harsh, what can they really do?

Thank you for the advice in advance.

Regards,
Matt

 

[Michael Wechsler]

If your credit card company refunded you the money then there is no claim. Why didn't you send the unit back since it isn't yours any more but the company's?

 

[mmprestine]

Thank you for the response. I tried to be civil and work with the merchant many many times but they just did not respond. I would have sent unit back if the merchant would have showed interest but they did not want it and I did not want to be out another $300 for shipping. They still refuse to correct the problems or send a truck to pick it up. Once again thank you for the response.
Regards,
Matt

 

[Michael Wechsler]

I understand. The problem is that you can't just keep the item. At the very least, you need to send them written notice letting them know you will challenge the charge and that they must pay for shipping for the damaged TV. I doubt it cost $300 to ship a $500 TV. If you don't make any effort, what else could you expect other than a lawsuit for collections? Do what you can but you had best document that the TV was DOA - if you used it, then you've got a partial claim but don't have one for the full amount. Thus you may need to go to court or pay something on the debt to avoid that process. Good luck.