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Cancelled a Kirby contract and the distributer is refusing to get it

Discussion in 'Judgement Enforcement & Collection' started by helpanswer, Jan 7, 2015.

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  1. helpanswer

    helpanswer Law Topic Starter New Member

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    I financed a Kirby vacuum on 12/05 after a random salesman came to my door and did a demo. I immediately regretted the purchase and tried calling them but of course no answer so I just left a message. The next morning I typed a cancellation letter and sent in a copy of the contract and sent them certified mail via usps. Monday afternoon I received a call back from the company asking me what they can help me with. I explained to them that I wanted to cancel and set up a time for them to pick up the merchandise. After about 20 minutes of them asking me why and trying to make me a better deal they got the point that I was not going to take their deals. He then told me that he had received the letter and his supervisor would be calling me shortly. His supervisor did call me and of course tried to talk me into a better price but I repeatly said no thank you. I told him we just need to set up a time for you to come and pick up your merchandise. He told me thats not how it works and told me he would be sending me shipping boxes and had to ship them back. I told him I did not feel comfortable with that, it would be better if he picked it up from my residence. He said no we only handle returns by mail, the boxes will be there in a few days, goodbye. Before I could object the call was over. Two weeks later no boxes had arrived and no phone calls from the company. However, the finance company called and asked me if I was happy with my transaction and if I had received the merchandise. I explained that I had cancelled via certified letter and that theY(kirby distributors) had received and acknowlegded that cancellation. She asked if they had retrieved the merchandise because they were no informed of the cancellation. I explained he said I had to ship it but never sent boxes and that I didn't feel comfortable shipping any how. She told me not to worry about it, they would be in contact with the distributor and they would be coming to get it. Another 2 weeks went by and still no word from the distributor so I called the finance company to see what they had found out. I was told they had spoken to the distributor and left several messages, the customer service rep said to send in a letter to them (even gave me the account number and address to send it to) to cancel any automatic payments and to call the distributor directly. I immediately called Universal Systems and spoke with a lady. She asked if I received the shipping packages and told me she could resend them. I explained to her that I would like them to come and pick it up, she said they didn’t have anyone in the area. I told her I really didn’t feel comfortable shipping the merchandise and she then put me on hold briefly and then said they would have someone out here within the next 30 minutes or so.

    About 5 minutes later a man called me from Universal Systems. He again went through the “you should have received the boxes I will resend them.” I explained once again that I didn’t feel comfortable sending them. He then got a bit aggressive saying that I am making the merchandise unavailable, and that I will be responsible for the debt, they will not come get them, they deal with returns via Fedex all the time. I told him they are 100% available at the address where they came and sold them to me but I didn’t feel comfortable shipping this expensive merchandise in the mail, I had been in contact with Preferred Credit and that they were aware of my attempts to resolve the situation. He then said “I have been in the business for a very long time and I can tell you exactly how this is going to turn out for you.” I told him that I have read the contract and the law and had a fairly good understanding of my rights. He then said he would have a liaison call me.

    About 15 minutes later I received a call from a supervisor with the finance company. Her voicemail said that she needed me to put the merchandise in the shipping boxes and send them back and then they would go ahead and cancel the debt.

    I called the supervisor back and told her I didn’t receive the shipping boxes and that I didn’t feel comfortable shipping them. She explained certified and insurance with the shipping. I explained despite what the distributor was claiming, I had not received that shipping material and once again explained that I didn’t feel comfortable shipping them. She said that the dis said they have the receipt of shipment of the package material being made. I asked for the tracking info. She said absolutely and I stayed on hold with her for about 10 minutes while they looked into getting a tracking number. She came back with a USPS tracking # She stayed on the phone with me so that I could look up the package.

    With Megan still on the phone I explained to her what the website was showing me. According to the website the package was never shipped. She advised me to call my local post office.

    I then called the local post office and simply asked if I a had any packages on hold for me to pick up and asked them to look up the tracking number. The postal worker told me his records showed the same as mine. There was a priority mail purchased but for the tracking number. He explained that this could have been purchased but they have no indication that it had actually been mailed. He “guessed” seeing that it had been 17 days since the purchase the shipper must of forgotten to mail it or something.

    Shortly after that phone call with post office, the same man from the distributor called back. Said he is not sure what happened with shipping containers he thought for sure that they went out. I told him what local post office had told me. He then said that nobody would be able to pick up the merchandise this week because of the holiday but he could have someone out here Monday or Tuesday. I told him that would work great. Then he asked again, if he could try shipping the boxes, I said no I just don’t feel comfortable with that. He said well okay maybe we can come get them Monday or Tuesday. I told him that I would be okay with anytime next week but we needed to figure out a date and time. I said you can call me Monday and let me know what day and he then back peddled again and said he just didn’t know if there was going to be anyone to come get them, which he wasn’t going to make promises. I ended the conversation saying please just let me know so we can get this resolved.

    Wednesday Dec. 31st A Kirby shipping boxing was delivered even after saying repeatedly that I would not not be comfortable shipping it back in the mail.

    Tuesday Jan. 6th The distributor called spoke with my husband. They told him that their van was broke down and then said I will have to speak with my supervisor about getting out there.

    Wednesday Jan . 7th The distibutor called again and said that their vans were broke down and there was no way they could of came out here the last two days. He said he wouldn’t be able to have someone pick it up until next Monday or Tuesday. I told him that would be fine.

    Shortly there after the finance company called and said they had just got off the phone and I had to send back the Kirby in the shipping box.

    Why is it that it is their contract that I am abiding by but they won't come get there merchandise? I feel like they are playing games with me, I am only an hour away from their office. I just want them to come and get their vacuum. They keep telling me that I have to send it back but the contract/law clearly states that "If you cancel you must make available to the Seller at your residence; OR if you wish, comply with the instructions of the Seller regarding the return shipment of the goods". The boxes came in after 20 days and I have not received any of the items they took as a trade within the 10 days.
     
  2. mightymoose

    mightymoose Moderator

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    If you have not done so already, do a Google search to find countless other horror stories regarding Kirby. This is completely normal for that company. If you are not being charged, maybe just wait for them to finally come get it.
     
    heracles87 likes this.
  3. heracles87

    heracles87 Member

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    They are playing games with you. Just make sure they get their stuff back and you keep proof of that for the finance co.
     
  4. TheKirbyCompany

    TheKirbyCompany New Member

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    Hello, “helpanswer.” This is The Kirby Company. We are sorry to hear you are experiencing a problem returning your Kirby system after cancellation. We would like to help mediate this situation with the independent distributorship involved. To best do so, we need a little more information. As The Kirby Company was not party to your contract, we don’t know all of the specifics surrounding the purchase. Please contact our Consumer Relations Department. We look forward to hearing from you.
     
    Last edited by a moderator: Jan 8, 2015
  5. Disabled Vet

    Disabled Vet Well-Known Member

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    ^^^^^ DON'T CALL THAT NUMBER..... ^^^^^
    Continue on the path your on... Remember if you ship these items take a video of you packaging up everything into the boxes. Cell phone video will work. There's no harm in shipping it to them. You will have a tracking number on the return box showing you shipped it. NOW>>>> They could say " Nothing was in the box." Or something was missing. This is WHERE THE VIDEO comes into play. Video packing, Taping the box etc.... DO NOT STOP AND START THE VIDEO.... Record the whole process without stopping it.
     
    heracles87 likes this.

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