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Charge for a returned item

Discussion in 'Consumer Law, Contracts, Warranties' started by Tabbycat2006, Oct 9, 2018.

  1. Tabbycat2006

    Tabbycat2006 Law Topic Starter New Member

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    I received a phone call about a trial pair of hearing aids. This was an unsolicited phone call, but my husband has very bad hearing so I decided to try this out. It was a particular gentleman that I spoke with on the phone a few different times about the hearing aids, including immediately after the hearing aids came in the mail. When I realized my husband wasn't going to wear them (he's been very ill for almost a year), I called this gentleman who convinced me to have my husband keep trying them out. My husband wore the hearing aids about 3 times. I want to return them, but they say it's past the time they will accept them for return. This is the problem, I can't afford them (my husband and I both get social security disability) we are on a fixed income (it's also low income). I never heard back from the original gentleman I spoke with several times, he's the one who had told me not to worry since the hearing aids were returnable at any time.


    I have been quite ill for the last year, and my husband is very ill also. We are both on SSDI for mental illness. This situation is causing me undue stress over the money and also the way the person spoke with me on the phone is causing me stress. I have the original box from when the hearing aids and I want to send them back to be done with it. The person on the phone today told me that I can return the hearing aids (they won't send me a prepaid label, I have to pay for the return shipment) but that I will still have to pay for them. Is this legal? Can they charge me for an item that I've returned to them?
     
  2. army judge

    army judge Super Moderator

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    No one can predict what another human being or greedy corporation will do.

    That said, there is very little the company can do to you, because your source of income (Social Insecurity) is protected from a lawsuit.

    The company will send you dunning letters.

    You can ignore them, if you wish.

    You should block their phone calls, just change your number, or use a blocking tool. (Ask a relative or friend how its done.)

    In the interim, you can unplug your phone, until you have blocked the devils.

    I do hope your health improves.

    The best thing you can do tomorrow (or whenever you can) is meet with your therapist or physician and talk about your issues.

    Hang in there, this too shall pass.

    Get well soon.
     
    Tabbycat2006 likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    Then you shouldn't have bought them in the first place.

    Yes. You agreed to buy the item and the seller fulfilled its part of the bargain by sending the item to you. You aren't entitled to return the item unless your contract with the seller allows for returns. It doesn't sound like you have a written contract, so this will come down to your word versus the seller's word.

    Did you pay by credit card? If so, you can dispute the charge with your credit card issuer and see what happens. On the other hand, if you haven't yet paid, you're free not to pay and see if the seller wants to go to the trouble of suing you.
     
  4. Tabbycat2006

    Tabbycat2006 Law Topic Starter New Member

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    I didn't buy them, the man who called me was very pushy and I agreed to try them out. I haven't paid anything, and I sent them back. I personally don't care about if they claim it's "too late" to send them back. They want to be paid anyway even though I've sent them back. That's not going to happen. My only income is Social Security Disability, so as I've been told they can't sue me. You're correct in saying there is no contract.
     
  5. army judge

    army judge Super Moderator

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    Greedy scammers can sue you, even though they know they won't win.

    Scammers MIGHT sue you, if that happens, make sure you appear in court and assert your affirmative defense that YOUR income is derived from social insecurity; which means its protected from levy.

    Even the IRS could only attach 15% of your social insecurity if they were to one day sue you.

    Most others can't get a dime, but that never stops a scammer from trying.

    So be alert from documents mailed to you by the court, or served to you by a deputy, process server, or constable.

    Don't ignore them, if you do, you could lose by default.

    You will avoid a big mess if you stay alert to what documents you receive.

    Court documents can be verified through the local courts, so be alert, greedy scammers will do almost anything to steal from unsuspecting, trusting people.
     

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