Consumer Law, Warranties Kirby Company Breach of Contract

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kirby

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I purchased a Kirby vacuum and canceled it within the 3 day cancellation time frame. I sent the cancellation notice by certified mail on the 3rd business day. According to the contract, the merchant was to contact me within 10 days to make arrangements to pick up the merchandise and refund my money as well as return my trade in. The contact also says that they have to have all of this complete within 20 days of the date of cancellation. Over a month passes without contact from the merchant so I call my credit card company to dispute the charge. My credit card company removes the charge from my card based on all the info I sent them. Now the merchant is calling me asking for their merchandise back. They even came to my house demanding it back. They did not have my trade in with them. However, being that they finally contacted me 2 months after the cancellation notice, they are not within the contact agreement anymore. The contract states that if they do not complete within 20 days, that I can dispose or do what I will with the product. At this point, according to the contract, the merchandise belongs to me. It's no longer their property. However, my credit card company says I have to give it back if I want the credit to my card to be permanent or else they will have to debit my card for the original price. The merchant is also lieing and saying they have tried contacting me within the time frame of the contract.

I want to know if I should take this to small claims court? Also, if I return their product to them using a tracking number and my credit card company makes the credit final, how can I be assured that the merchant is going to return my trade in or give me fair market value for it? They are a very crooked company and do a lot of lieing.

Help is appreciated

Mike
 
The court won't allow you to be unjustly enriched.

You have their junk.

They want their junk.

Just give them their junk.

You got your money back.

I'd arrange for them to pick it up or take it to them.

I'd be sure to get a receipt for the returned merchandise.

I wouldn't ship it back to them.

What you think might happen, will probably happen.

You don't want their junk, so just give it back.

I'd end this quickly.

This isn't something I'd want to waste my time and effort in small claims over.
 
I get it

Ok I am in agreement with you, but what about the vacuum they took from me as trade in when I purchased the Kirby? According to the contract they are to return my vacuum to me. Do I take a loss or tell them that they can have their Kirby vacuum back only after they return to me my trade in vacuum?
 
Ok I am in agreement with you, but what about the vacuum they took from me as trade in when I purchased the Kirby? According to the contract they are to return my vacuum to me. Do I take a loss or tell them that they can have their Kirby vacuum back only after they return to me my trade in vacuum?



I doubt that they have your old vacuum cleaner.

You might ask them to reimburse you for it, if they can't produce it.

They'll probably say no.

Then the recriminations and accusations begin all over again.

Is this worth it?

If your old vacuum cleaner was worth anything, you wouldn't be buying a new one, would you?

Just go to Walmart and buy a vacuum cleaner already.

Or, take them to court and sue them for an old vacuum cleaner.

It'll cost you more than the old vacuum cleaner was worth to file a small claims case.

This doesn't make financial or rational sense to me.

Doe it to you?

If it does, sue them.

If it doesn't, let it go.
 
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