Payment credit for services not rendered.

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VeritasVita

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PAYMENT CREDIT FOR SERVICES NOT RENDERED.

My question is…"What are my rights, Where do I stand in this matter and what do I do now?

Wednesday, September 16, 2009
- Visited Eyecrafters (manager) and had an eye exam, and then ordered new frames with new bifocal lenses.
- Signed an invoice that had 'I understand that all sales are final' on the last line and paid the full amount $441.62 by credit card.
- Delivery date given as 7 – 14 days.

(- My wife asked for an eye exam only and was told No, that she had to have frames and lenses as well!
She said she did not want either, only the exam. The manager said that it was Insurance Company policy that she could not have the exam only – after calling the Insurance Company I was told that this was absolutely untrue!)

Wednesday, September 23, 2009
- The manager called and said that the factory could not produce the bifocal lenses I ordered. They could only manufacture a smaller size reading section on the lens.
- I said that this was not as ordered and agreed to at the time of purchase, I had these smaller ones before and they were not usable for me.
- I cancelled the order and was told I could not cancel as they had a no refund policy?... and I had to choose a different style of frame of around the same value that I had ordered. I said that I had a No Service/Supply - No Pay policy and my order was thus cancelled.

Thursday, September 24, 2009
I went into the practice and discussed this with the manager, who was only interested in and adamant about not refunding my money. I spent nearly an hour looking at every set of frames in the store – without finding a single pair that was suitable for my eye/vision needs.
By this time the manager was dealing with another customer and after waiting for him for some time, I left.

(While dealing with the other customer I heard him telling the customer that he could have an eye exam only. When confronting him with this, later, he insisted that this was because the customer was 'not on insurance and not therefore not regulated by insurance company policy' – I told him this was dubious practice and nothing to do with Insurance Company policy, which he would not accept).

Friday, September 25, 2009
- I called the Eyecrafter office. The manager was not at this office on this day so I spoke to an assistant, explaining what had happened and telling her I wanted to confirm the cancellation given the previous day and to ensure that the payment for services not rendered were reversed on my card.
- She said she would have to call the manager. She called me back and said the manager said no returns. I asked for the owners name and contact number. She gave me the name but would not give me the number and said the manager would call me.
- He called again to say I had to choose something else. I said I had looked at everything he had and there was nothing as I had ordered or any close alternative that was suitable to my eye/vision needs.
- I asked for the Owners contact number which he refused to give me. I asked him to ask the owner to call me. He said the owner would not talk to me – he would call him but they would not refund my money under any circumstance.
- The manager called back and said that the owner would get the factory to 'custom' make my order????
- I replied saying how is it that they can now make the order after you went into great detail telling me that this could not be done on the polycarbonate lenses and as specified and ordered?
- He said he didn't know.
- I said this quick-change was too suspicious, on top of the mistruths already told and that in any case I had already cancelled the order on the previous day and that stood firm.
- I said you cannot take my money for what you could not supply so I had cancelled.
- All he could keep saying was that I was not allowed to get a refund and he hung up.

I immediately wrote and sent a letter, addressed to him and in a separate envelope, a copy addressed to the owner, confirming my cancellation and requesting a credit to my card for the full amount of %441.62 less the eye exam cost of $42.00 and sent them by Certified Mail from the Post Office.

To date I have heard nothing and not received a credit.

My questions are…"What are my rights, Where do I stand in this matter and what do I do now?
 
Wow, I'm constantly amazed at the practices of retailers. You didn't "return" anything. They never DELIVERED anything. Their return policy doesn't apply. You had a contract that you gave consideration for that stated they would provide an eye exam and a particular pair of glasses. They didn't, and say they can't perform. That makes a breach in your contract. You then have the option of Voiding the contract and getting your money back. The eye exam can be used elsewhere so that you have to pay for.

They owe you the money back. I personally would call my credit card company and reverse the charges stating that they never delivered the goods. The credit card company will give you back your money and take it from them.

You may have to pay for the eye exam separately.

I would also write a letter to your insurance company and copy it to the retailer explaining how they are committing insurance fraud by making sure every client who has insurance buys the whole package. The insurance company will take a very dim view of being ripped off and may just call the police.

In any case, your easiest out is to reverse charges with the credit card company.

Good luck.
 
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