- Jurisdiction
- Arizona
This is a long story so bear with me:
11/4 I signed a contract to purchase a Kirby vacuum for $2160.59. I paid in full on a Capital One Credit Card.
11/6 I signed the cancellation request and send via certified mail the request to the distributor that I bought it from (Apex International). I was prepared for a fight, so I called my credit card company and filed a dispute on the charge so that they would cancel it. The credit card company asked "did you return the item?" and I said yes and gave them the tracking number for the certified mail even though I had, in fact, still had the physical merchandise (the vacuum) in my house.
I did that that way the distributor would have to come get the vacuum, since they did not have the money.
11/8 They received the mail, and that night came to pick up the vacuum (amazing, right?). However, my husband (who's name is NOT on the contract since I was the buyer) turned them away and said we were keeping the vacuum (not so amazing).
11/13 or 14 Kirby corporate themselves calls me and confirms that we are closing the cancellation request and keeping the vacuum - whatever, I've made my peace with it.
WELL
Since I filed the credit card charge dispute Capital One took the money back from the distributor however they have not put the credit back onto my card because they are waiting for a response from the merchant. They have tried to re-charge my card for the $2160.59 but it was declined since the first charge is still there, but also not there - ya feel me?
Anyways, they merchant has 90 days to respond to the claim with "yes, we received the returned merchandise and allow her to be refunded" or "no, she is keeping the merchandise and we will rebill her account". They have yet to respond to the claim (now 11/21) so neither of us have the money. If they don't respond within 90 days the case will be closed and I'll get the credit back (and also keep the vacuum??)
I've spoken to the "boss" at Apex and told him that, yes, I am keeping the vacuum and allow them to charge me the amount however they cannot charge it until they respond to the claim. I don't know if they actually saw the claim, or if it just takes a while. But I'm wondering what the chances are of them sueing me because they haven't received the money yet?? I'll supposedly get a letter from Capital One explaining the terms of the claim. But ultimately I have the vacuum and have not paid for it and Apex International/Kirby has not received the money for the vacuum. But also I didn't get my refund either. I live in fear everyday. Thanks!
11/4 I signed a contract to purchase a Kirby vacuum for $2160.59. I paid in full on a Capital One Credit Card.
11/6 I signed the cancellation request and send via certified mail the request to the distributor that I bought it from (Apex International). I was prepared for a fight, so I called my credit card company and filed a dispute on the charge so that they would cancel it. The credit card company asked "did you return the item?" and I said yes and gave them the tracking number for the certified mail even though I had, in fact, still had the physical merchandise (the vacuum) in my house.
I did that that way the distributor would have to come get the vacuum, since they did not have the money.
11/8 They received the mail, and that night came to pick up the vacuum (amazing, right?). However, my husband (who's name is NOT on the contract since I was the buyer) turned them away and said we were keeping the vacuum (not so amazing).
11/13 or 14 Kirby corporate themselves calls me and confirms that we are closing the cancellation request and keeping the vacuum - whatever, I've made my peace with it.
WELL
Since I filed the credit card charge dispute Capital One took the money back from the distributor however they have not put the credit back onto my card because they are waiting for a response from the merchant. They have tried to re-charge my card for the $2160.59 but it was declined since the first charge is still there, but also not there - ya feel me?
Anyways, they merchant has 90 days to respond to the claim with "yes, we received the returned merchandise and allow her to be refunded" or "no, she is keeping the merchandise and we will rebill her account". They have yet to respond to the claim (now 11/21) so neither of us have the money. If they don't respond within 90 days the case will be closed and I'll get the credit back (and also keep the vacuum??)
I've spoken to the "boss" at Apex and told him that, yes, I am keeping the vacuum and allow them to charge me the amount however they cannot charge it until they respond to the claim. I don't know if they actually saw the claim, or if it just takes a while. But I'm wondering what the chances are of them sueing me because they haven't received the money yet?? I'll supposedly get a letter from Capital One explaining the terms of the claim. But ultimately I have the vacuum and have not paid for it and Apex International/Kirby has not received the money for the vacuum. But also I didn't get my refund either. I live in fear everyday. Thanks!
