I attempted to make a purchase on-line. It was a fairly large amount, so I opted to pay via an installment plan. I was a day early for my paycheck, so the charge was denied. I was paying via paypal. In the past, that was that, until I would decide to attempt the purchase on a later date, when i had the money. This vendor, managed to go ahead, in the next day or two to re run my credit card without my permission or any expectation that would or could happen. Worst yet, they ran the full amount. This wiped out my account of my entire income for the month! I did not discover this for about 4 days, then it has taken me 12 days inspite of numerous emails to customer support, an administrator of the business, the owner/president's assistant and several calls which only let me leave desperate messages.I do have an appointment to discuss the matter today via skype. I want to know my rights. Was them running my cc/debit card a second time against the law? And since they then managed to charge me the whole amount I have a pile of overdrafts and late charges which I have to pay. I am hoping I have some legal leverage to at least make them pay for those extra expenses to my very tight budget. furthermore, I am at risk for losing my property in a storage facility, defaulting on my life insurance policy and auto insurance (Ive been with them for 15 years!), much time and trouble and embarrassment dealing with debtors, several of them who are my business expenses (loss of trust), and 2 accounts for an autoresponder service at which I have valuable prospect list. The other on-line service which I may lose affects my business clients directly for similar reasons.Please advise on how much power, clout I have for demanding at least the over drafts and late fees, and more for my trouble? I do intend to be reasonable as I feel this was a fluke and I fell through some cracks, but I don't want to be just rolled over either. Need answers asap!
Making contact with the right person and finally about 12 days after the incident, getting a phone appointment to discuss the issue.
Hi, and Welcome to JustAnswer My name is XXXXXX, X am a licensed, practicing Attorney and would like to help
Please give me a moment to finish reading the facts you posted
Thank you for your patience,
In Answer to your question of the legality of the vendor's action in his second attempt to put it on your credit/debit card, This was legal. A contract or Agreement of Sale was formed when you attempted to make the purchase the first time. If it did not go through, the Agreement of Sale was still enforcible by the vendor and, therefore, his second attempt to charge your credit/debit card was legal. As for the question of the full amount being harged to your credit/debit card, it would be impossible
Okay. thank you.
to Answer without knowing what language the vendor used in the option to pay for the purchase in installments. You would have to strenuously argue that if they had not offered the installment payment option, you would not have made the purchase at all. On the issue of overdrafts, that can probably be negotiated, if the amount is not unreasonable and the reason I say this is because vendors normally include language in small print disclaiming any liability for consequentioal damages resulting from their mistakes. I would at least try negotiating the overdraft amount. However, regarding other possible losses such as your items which you have in storage, life insurance premium, embarrassment in dealing with other creditors, I do not believe that the vendor will make any concessons regarding these issues, because the vendor can argue that these were totally unforseen by the vendor, but this is not to say that you should not try to negotiate these items. I am merely saying that these would not be awarded to you by a Court, if you had chosen to sue the vendor for these losses.
25 yrs Real Estate & Business Law, Family Law, Criminal Defense, Immigration, Employment Law
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