KCG116 Posted April 1, 2009 Report Share Posted April 1, 2009 We bought an item from a company online. It showed up completely defective. The company refused to take it back stating there were no returns under any circumstances. We mailed it back anyhow and it was received (signed for etc). They claim to have returned the item to us after accepting it, but we never got it back and they could not produce a tracking number or any other proof it was sent.We then disputed the transaction with the credit card company and won. However, before the cc company even issued it's decision, the co involved sent us to collection to recover the amount the cc company deleted from their merchant account.Are they legally allowed to do this? I mean they LOST!What should we do? We don't want this to hit our credit report and we certainly don't want to pay for a defective item that we now don't even have. Link to comment Share on other sites More sharing options...
sgip2000 Posted April 1, 2009 Report Share Posted April 1, 2009 My question is that since it wasn't you who actually took the money back(your bank reversed the charge), how can they prove you were tied to it at all? Link to comment Share on other sites More sharing options...
willingtocope Posted April 1, 2009 Report Share Posted April 1, 2009 Actually, they didn't lose. All that happened is the CC refused to honor the charge. This really carries no weight of law.Basically, what you've got is a company that says they sent you something that you didn't pay for. They can indeed turn that over to collections.This is probably something that's going to have to be resolved in court. You might see if there is a www.naca.net lawyer in your area that would be interested in the case. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 1, 2009 Report Share Posted April 1, 2009 Where in NYS are you? I'd be happy to discuss this. Nothng stops them from sending it it to collections. They probably are sore Visa and Mastercard reversed teh charges. But you need to stay on it. Dispute teh dunning letter, but don't use the Internet template everyone else does. Tell them you don't owe them a dime and tell them why ( as you did here). Link to comment Share on other sites More sharing options...
KCG116 Posted April 1, 2009 Author Report Share Posted April 1, 2009 Tell me how to contact you. My PM was kicked back. Link to comment Share on other sites More sharing options...
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