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
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