Kirby Vacuum mess refund help

[1nkblot]

Jurisdiction

Wisconsin

I'm the sucker that signed the contract. I don't know what was going on in my head, maybe just to make them leave the house. When I came to my senses (let me tell you it didn't take long!) I decided to send them a letter for a refund.

I googled other suckers like me, and tried to get out of the contract. I sent a letter via certified mail on the second day (3 day cancellation period). Right now tracking info says that they left a notice at the address on Monday; today is Thursday. I've tried calling, but no one ever answers the phone and they don't have a voicemail set up. What should I do?! Refuse payment? Take to court? Suck it up?

 

[zddoodah]

What makes you think there is a "3 day cancellation period"? Does the contract you signed contain one? If so, what exactly does it say (please quote it).

 

[1nkblot]

What makes you think there is a "3 day cancellation period"? Does the contract you signed contain one? If so, what exactly does it say (please quote it).

"you, the buyer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction."

It also says "to cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to [business]....."

I signed on the 26, sent the letter on the 28, and had until midnight of 29th.

 

[mightymoose]

Three business days is the typical term in the Kirby contracts. You aren't the first and won't be the last to have trouble contacting them.
Since you have tracking information and can prove when the letter was sent you can likely get out of the contract eventually, but expect difficulty which Kirby is notorious for.
You might consider actually going to the location and bringing a copy of the letter and a copy of your tracking information as well as the vacuum. You need to put the vacuum back in their hands. If you are able to walk into an office they won't be able to ignore you as easily.

 

[adjusterjack]

If you can personally take the vacuum to the Kirby location, make sure you take a witness who can make a dated video of you returning it along with the letter and who is willing and able to testify in court if required.

 

[zddoodah]

"you, the buyer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction."

It also says "to cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to [business]....."

I signed on the 26, sent the letter on the 28, and had until midnight of 29th.

Ok, since the contract allowed you to cancel and you appear to have cancelled the contract properly, I'll answer your questions:

What should I do?! Refuse payment? Take to court?

I'm not quite sure I understand the questions or the relevant facts. You told us that you signed a contract. You didn't expressly tell us that you made a payment, but implied as much by telling us that you "decided to send them [sic] a letter for a refund." Obviously, you couldn't get a refund if you hadn't made a payment. That being the case, your question about refusing payment doesn't make much sense.

Ultimately, if you made a payment, then you should allow a reasonable time for a refund. On the other hand, if you haven't made a payment, then refusing to do so based on your cancellation of the agreement probably makes sense. And, obviously, if you received a product at the time you signed the contract, you need to return it.