Consumer Law, Warranties Company won't refund on sofa never received- what do I do?

[ebbywear]

How do I go about forcing a company to refund my money for product that was ever received?
-5/7/12 Purchased sofa cash from furniture company -purchase price was $950. I was told it would take 8-10 weeks for the "custom order sofa" from the manufacturer.
-8/1-9/9/12 Made several calls and emails about status of order only to get run around. They kept saying it was on it's way until finally I spoke to the owner and he said he was having issues with the manufacturer. He asked I give them another week or get a refund.
-9/17/12 Customer service confirmed the order was cancelled and said a refund would be issued in 7-9 days via cc refund.
-9/26/12 Still no refund. Got owner on phone again and he said "I have no real excuse for the delay but the refund will take another 7-8 days." I need direction to force their hand. I just want my money back so I can move on.

 

[mightymoose]

If it was a credit card purchase your easiest starting point is with the credit company. Since no product was received they might reverse the charge. If not, ask the store one more time then head to small claims court.

 

[army judge]

How do I go about forcing a company to refund my money for product that was ever received?
-5/7/12 Purchased sofa cash from furniture company -purchase price was $950. I was told it would take 8-10 weeks for the "custom order sofa" from the manufacturer.
-8/1-9/9/12 Made several calls and emails about status of order only to get run around. They kept saying it was on it's way until finally I spoke to the owner and he said he was having issues with the manufacturer. He asked I give them another week or get a refund.
-9/17/12 Customer service confirmed the order was cancelled and said a refund would be issued in 7-9 days via cc refund.
-9/26/12 Still no refund. Got owner on phone again and he said "I have no real excuse for the delay but the refund will take another 7-8 days." I need direction to force their hand. I just want my money back so I can move on.

You paid cash, right?
I suggest you visit the store, take your RECEIPT, and calmly discuss this with the OWNER.
Ask for a specific date you can come to pick up your CASH REFUND or check.
Be polite, because if they resist, or keep dragging their feet,you'll have to take the case to small claims.
Trust me, you don't want that, more delays, more frustration.
Short of small claims, there is no other way get the money, if they resist.
And, small claims won't get you money, just a judgment.
Then you;ll have to do more magic tricks to try and enforce the judgment.
For your sake, avoid going to small claims.

 

[mightymoose]

From the comment about 9/17 it appears to be a credit card purchase. Most cards have buyer protection policies these days that could allow for an easy reversal.
If any interest has been paid on the purchase over the last few months there may be a gripe to take up with the store over that, but otherwise a dispute of the charge with the credit company should do the trick.

 

[army judge]

5/17 he states: purchased sofa cash $950.
I didn't see anything about a credit card.

Don't understand why he mentions "cc" refund.
That maybe why he has not gotten a refund, it went to
someone's credit card.


Sent from my iPad3 using Tapatalk HD

 

[ebbywear]

My apologies... I purchased the sofa with my debit card not a credit card which they take out immediately of course. The customer service person referred to it as a "cash purchase" since I did not finance the sofa with them. They have not attempted to make a refund based on the conversation I had with the owner this past Tuesday. I will go to the store location as you have suggested and speak to the owner and go from there. Thank you all for the quick responses.

 

[mightymoose]

Your debit card could give you the same protections as a credit card. Check with your bank about this situation too.

 

[ebbywear]

One other request for advice please-

-My husband and I went to the store to speak to the store owner and he said that "they have been bought out by another company" and that he's having a hard time getting them to give me the money back.
-I actually think they are going out of business or they are bankrupt b/c 2 of their other locations are closed for "remerchandising" and look deserted.
-On 10/16/12 the owner promised that the new company will have a check for me on 10/31/12 ready to pick from the store.
-On 10/17/12 the owner called back to say the sofa is now ready to ship in 2 days and I'll likely get the sofa before the refund is processed.
-I made a complaint with the BBB 2 weeks ago and the owner asked that I say the issue is resolved but I told him I will not until I get the money in my bank free and clear.

So...should I proceed to small claims court if indeed they are going out of business or bankrupt? Or if they are bought out by another company, would they be responsible for the debt of the previous company and would I be able sue the new company for the money?

 

[mightymoose]

The new owners take on the old owner's debts.
Accept the couch if you wish and be done with it.
You can refuse delivery and insist on a full refund.
Any promises they make about providing refunds, and when they will be made, should be in writing. If they won't put it in writing then they aren't promising you anything.

Have you checked whether your debit card provides any buyers protection benefits?

 

[ebbywear]

-I checked with the card company and they could not do anything b/c it was passed 60 days.
-I will accept the sofa if they do deliver it but my husband really doesn't think they will get it and that they are buying more time.
- The owner wrote out on a piece of copy paper that he will get us a check on 10/31 and signed it but then he called me today to see if we still wanted the sofa so again we're not sure if he will get us either one.

Thank you do much for the responses.