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- Newsgroups: misc.consumers
- Path: sparky!uunet!gatech!concert!sas!mozart.unx.sas.com!sch
- From: sch@unx.sas.com (Steve Holzworth)
- Subject: Re: Problems making a purchase from a small business - request advice
- Sender: news@unx.sas.com (Noter of Newsworthy Events)
- Message-ID: <sch.713723081@gargoyle>
- Date: Thu, 13 Aug 1992 16:24:41 GMT
- References: <1992Aug7.203349.17644@b11.b11.ingr.com>
- Nntp-Posting-Host: gargoyle.unx.sas.com
- Organization: SAS Institute Inc.
- Keywords: restocking fee, threats, credit bureau
- Lines: 58
-
- heller@heller.b11.ingr.com (Anne A. Heller) writes:
-
-
- >I am facing a potential dispute with a local business which sells small
- >computer systems. I am appealing to anyone who has had a similar experience
- >for advice. I'll try to keep the description as brief as possible,
- >but <warning> I'm upset and tend to rattle on in such circumstances :-(.
-
- assorted sleazy jerking around deleted.
-
- >pick up the system. The system was loaded in our truck before Jeff, while
- >preparing to pay, looked over the invoice, and saw an additional $50.00 charge
- >with no explanation. The owner is not present and his son cannot explain the
-
- stuff deleted
-
- >business and the unexplained $50.00 charge was the final straw. The owner
- >explained that the charge was for using MasterCard to pay for the system.
-
- MC and Visa SPECIFICALLY forbid merchants from doing this. If you had
- purchased the system, you could've called MC and gotten this part of the
- charge reversed.
-
- >him. The owner told Jeff that if we did not purchase the computer, he would
- >bill us for a 15% restocking fee (a "restocking fee" had never been mentioned
- >or indicated in any way until this point!) and would turn the bill over to a
- >collection agency if unpaid which would eventually report us to a credit bureau.
-
-
- You never signed an order. At this point, it's all just a retail transaction.
- He hasn't delivered (sort of) the system as described, you haven't given him
- any money. He is in no position to charge a restocking fee. If it isn't
- specifically stated, I don't think he CAN charge a restocking fee. If he
- threatens to turn it over to a collection agency, threaten to report him to
- the state Attorney General (and do so, anyway), and the BBB. If necessary,
- threaten to sue him for defamation of character (filing a false credit report)
- and assorted financial injury (damaging your credit rating). If your local
- TV station has a consumer-affairs reporter, tell them about it. Bad publicity
- can kill a local store. You might also consider having a lawyer write him
- a nasty letter on the firm's letterhead. It shouldn't cost more than about
- $50.00. If you typically do other business with your lawyer, he/she might
- send the letter for free.
-
- >I imagine the restocking fee/threat to report us to a credit bureau was meant
- >to intimidate us into buying the computer. Although his threat upsets me, we
- >are in no way going to be intimidated in such a manner. I wouldn't dream of
- >entering a business transaction with his shop at this point! My question is,
- >is it legal for him to do this, considering no previous indication of a
- >"restocking fee" had been given? What would be our recourse? I have read the
- >FAQ and know that we could dispute such information in our credit report, but
- >it still makes me angry that this guy could potentially cause problems for us.
-
- >-Anne
- >heller@heller.b11.ingr.com -or- ..!uunet!ingr!b11!heller!heller
-
- Steve Holzworth
- sch@unx.sas.com
-
-