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I found a auto transporter online for shipping my car and agreed

 
 
 

Customer Question

I found a auto transporter online for shipping my car and agreed on phone to pay the fee upfront via my checking account. The auto transporter cashed my check twice and asked me to put a stop payment on one. My bank however does not differentiate between check numbers and stopped all checks issued to the same autotransporter for that amount. Now the auto transporter is harrasing me that if I cancel the order I would need to pay $250 administrative fee as mentioned on the contract. The contract was never mentioned on the phone and was later emailed. I never signed and faxed the contract though. Wondering if I would need to pay $250 when it was not my fault.

Submitted: 675 days and 20 hours ago.
Category: Consumer Protection Law
Status: CLOSED
 
 
 
 
 
 

Optional Information

Optional Information:
State/Country relating to question: New York

Already Tried:
I have already spoken to the manager and asked him to have a 3 way conference call with the bank to make sure that only one of the two checks is stopped and not both.

 
 
 
 
 
 
Posted by INFOLAWYER 675 days and 17 hours ago.

Response From Expert

Hello and thank you for your question.
I see you have been waiting a while.
1. do you still need an answer?
2. what precisely do you want to know?

 
 
 
 
 
 
675 days and 17 hours ago.

Customer Reply

Yes I am still waiting for an answer. I need to know if
1) I cancel the order at this time, does that mean I would owe $250 cancellation fee, given that the terms and conditions were not stated on the phone. The terms and conditions were only faxed and required my signature to accept the same - which I did not do.

2) Suppose I don't cancel the order but agree to pay for the service and the merchant changes the quote now from the original $780 that I agreed to pay, then can I cancel the order at that time without paying $250 administrative fee?

 
 
 
 
 
 

Accepted Answer

If you didnt accept those terms, and they were provided after the fact you are entitled to cancel and get a refund.

They cannot increase the price at this point unless both sides agree.

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Expert: INFOLAWYER
Pos. Feedback: 97.3 %
Accepts: 4194

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