Consumer Law, Warranties Can Merchant force a customer to pay with Cash as a payment method if the contract cl

[scruffydog]

Can Merchant force a customer to pay with Cash as a payment method if the contract clearly states "Accepts Cash or Credit Card"?

I placed a deposit on a wedding dress and we've filed a Credit Card dispute b/c of many problems between the merchant and me. In the end we decided to drop the dispute and continued on with the Purcahse. Merchant got really upset that I filed a dispute against her although its dropped, so she told me I need to pay the final payment in CASH. I confronted her that contract states final payment can be in Cash or Credit Card. She then said I'm an untrust worthy buyer and she has the right to reserve the right to not accept CC? Isn't that breaching her contract? I have e-mail prooving her needing cash only, but am I suppose to wait 6 months when I pick up my dress only to find out I can't pay with CC? By then it'll be too late? Can I and should I sue her?

 

[Antigone]

Can Merchant force a customer to pay with Cash as a payment method if the contract clearly states "Accepts Cash or Credit Card"?

I placed a deposit on a wedding dress and we've filed a Credit Card dispute b/c of many problems between the merchant and me. In the end we decided to drop the dispute and continued on with the Purcahse. Merchant got really upset that I filed a dispute against her although its dropped, so she told me I need to pay the final payment in CASH. I confronted her that contract states final payment can be in Cash or Credit Card. She then said I'm an untrust worthy buyer and she has the right to reserve the right to not accept CC? Isn't that breaching her contract? I have e-mail prooving her needing cash only, but am I suppose to wait 6 months when I pick up my dress only to find out I can't pay with CC? By then it'll be too late? Can I and should I sue her?

I would also demand cash from a customer who I had problems with as well. She is well within her rights to demand cash as the only form of payment.

 

[scruffydog]

You may demand, how is it your right? You're breaching the contract for requesting cash when it's clearly stated that it's Cash or Credit card.

 

[Antigone]

You may demand, how is it your right? You're breaching the contract for requesting cash when it's clearly stated that it's Cash or Credit card.

The key word is OR. She does not have to take your credit card. Show me a statute stating she does


Now, if she didn't want to take your cash, that would be another issue alltogether

 

[mightymoose]

If she is refusing your payment by credit card then you can most likely have your deposit refunded. She isn't holding up her end of the deal. If she isn't going to hand over your dress then she can return your money.

 

[scruffydog]

thanks for making me feel a little better, but so far all I've been getting from different people is that she has the right to force me to pay in cash.

 

[scruffydog]

to Antigone:

Exactly, "OR" is the keyword, Show me a statute that I have to pay in cash only

 

[army judge]

No one has to accept anything BUT cash in satisfaction of a debt (or for a purchase).

Checks, credit cards, debit cards are all forms of alternative, not legal tender.

Our constitution sets forth that Congress oversees our money, regulates the value of American or foreign currency, and punishes (authors laws) counterfeiters.

Accepting alternative forms of payment is voluntary, but refusing to accept US Currency in satisfaction of a debt, voids the debt.

Why do you persist in transacting business with you someone you no longer respect and trust?

Why spend your money with someone with whom you do not agree?

 

[Antigone]

No one has to accept anything BUT cash in satisfaction of a debt (or for a purchase).

Checks, credit cards, debit cards are all forms of alternative, not legal tender.

Our constitution sets forth that Congress oversees our money, regulates the value of American or foreign currency, and punishes (authors laws) counterfeiters.

Accepting alternative forms of payment is voluntary, but refusing to accept US Currency in satisfaction of a debt, voids the debt.

Why do you persist in transacting business with you someone you no longer respect and trust?

Why spend your money with someone with whom you do not agree?

Answer to that question is because the merchant already took a deposit and almost got burned. So will only take cash now to protect themselves.

Well, Army, I said what you said, just not so eloquently:yes:

Now, if she didn't want to take your cash, that would be another issue alltogether

 

[mightymoose]

thanks for making me feel a little better, but so far all I've been getting from different people is that she has the right to force me to pay in cash.

Well it certainly is true- she can demand cash payment.
However, you intended to make the purchase on credit and pay over time.
She has changed the nature of the sale by demanding cash. If she refuses to complete the transaction then she will have to hand over your deposit... but most likely you will have to go to small claims to compel her to do so.

If you do have the cash and paying the balance does not cause a financial problem for you, then go ahead and do so. Make sure you have a receipt that shows the total amount paid. Any further disputes can still be addressed in court if necessary- you won't be out of options.

 

[dee_dub]

I read it the same way as moose. She doesn't HAVE to accept credit, all other things being equal, but the contract says you have the option of paying by credit or in cash and she's bound by that. If you want to be a stickler about it, offer her your credit, and tell her if she refuses to accept it you are accepting her breach as repudiation and demand your deposit back. She'll likely refuse, saying it's your fault and she's keeping the deposit. And then you sue her. I'm not sure that's a great solution, but sure, go for it. I actually kind of like your chances - she's trying to change the bargain mid-stream. (OTOH, you and her have history of bad transactions, so maybe she's within her rights to change the bargain mid-stream.)

I also agree with army: what are you still doing with this person?

 

[army judge]

Answer to that question is because the merchant already took a deposit and almost got burned. So will only take cash now to protect themselves.

Well, Army, I said what you said, just not so eloquently:yes:

Yes you did, Antigone, yes you did! :yes::blush:yes:

 

[scruffydog]

Well it certainly is true- she can demand cash payment.
However, you intended to make the purchase on credit and pay over time.
She has changed the nature of the sale by demanding cash. If she refuses to complete the transaction then she will have to hand over your deposit... but most likely you will have to go to small claims to compel her to do so.

If you do have the cash and paying the balance does not cause a financial problem for you, then go ahead and do so. Make sure you have a receipt that shows the total amount paid. Any further disputes can still be addressed in court if necessary- you won't be out of options.

Thanks Mightymoose, I think out of all people here you're the only one who understands my situation. I went into contracting believing that I could pay with CC. To my understanding, a Credit Card is no different than Cash because she still gets the money. If I do issue another dispute after paying and taking the dress, which is what the merchant is soooo concerned about, she has every right to sue me or send out a collection agent to get me. But as part of the contract, she is breaching it by not letting me pay with CC when it clearly states it. Before I begin to explaine myself about why I wish to pay with CC, it offers me a protection, traceablity, rewards points/cash back, build my credit, and like Moose said, I can pay it over time, especially if I have a 0% no interest CC. It's not on the merchant to decide how I can pay my dress; to my concern, she's getting her payment in FULL from my CC company, so I don't see what the problem here is! Also, if she can do this to me, what is it to stop her from feeling that anyone she feels bias towards as "untrust worthy" in the middle of the transaction/contract tells any customers, "hey, your final payment needs to be in cash" just because the merchant feels that way towards somebody. Then what the hell is the point of the contract?!? To me, that statement is meaningless just like everything else on it if either side of the party can breach it. Sure you guys may believe she has the right because I issued a dispute, but like everyone else, would have probably done the same thing because of some problems that I ran into with the merchant, she was proven to be untrustworthy first by over charging us on the gown and not fully dislosing all relevant options on the gown misleading me to believe there was no other choice but to get the dress she presented. So I don't understand how in any of this made me untrust worthy. I held up my end of the contract and I expect the Merchant to do the same!

Now about the other question as to why I'm still continuing business with her, it's because in the very same contract it's stated "All sales are final, no refunds" therefore, I'm stuck with this merchant. She has my deposit.

 

[mightymoose]

"All sales are final" doesn't mean that unless a judge says so
You can get a refund, but you will have to go to court for it if she won't give it up voluntarily. In this case, the merchant is the one that threw the wrench in the works. If she continues to deny your payment then she will have to give back your deposit. You can also recover you court costs in small claims... just don't get silly about what you ask for.
Try again to pay on credit. If it is denied, request your deposit refund in full. If that is denied, tell her it is your intent to sue the business for the deposit plus costs (you are beyond the point where your credit card company is going to help you). If she still refuses then be sure to follow through. There is a good chance that once papers are received you will get your money in order to avoid court.
Be sure to sue the business and not the woman behind the counter... they aren't necessarily the same.