Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today.
The store is saying it is declined, or the credit card company?
And have the items been delivered?
both and yes they have been delivered
That is odd for the credit card to approve it and later deny it, unless in the interim a credit limit was exceeded (due to subsequent purchases). Since the items were delivered, the seller could sue for the cost of the items (breach of contract) so alternate arrangements should be made. Did they say the basis for the denial?
no they didn't
but they can't file criminal charges?
are you still here?
In order to file criminal charges, they would generally need to prove fraud. Most police won't get involved in financial matters if there is a civil remedy.
Yes, sorry, was typing.
I'll stay here until we're done with our chat!
yeah there was no fraud
Generally they would sue for breach of contract; or the buyer would provide alternative payment.
I didn't think so - since credit card company initially approved it.
okay these items are being resold or already have been waiting 90 day net to get paid
I see. The thing is, between the seller and the buyer, the buyer is responsible for "making good" with the seller under the terms of that contract. So you would need to contact the seller and try to arrange an extension.
yes okay thats what I thought
Generally, if they know they will be paid, they will work something out. Either an extended payment due date, or a monthly payment plan.
okay they called once I tried to call back but got no return call yet
If you have a fax number or an email, it is best to communicate that way, so there is a paper trail. Otherwise, if they agree to alternate arrangements, ask that it be memorialized in writing.
okay I do and will do that
OK. Good luck on all this.
yeah Iam going need it
thanks for your time
Not necessarily - they want to get paid, so they will likely work something out that is mutually beneficial. You are welcome!
okay I know they'll want there money so I am sure they'll work something out
not to mention these items were made just for this order
I would agree. And since the items can't be returned...they will want payment.
and I started this transaction back on 9/10/2013 they had plenty of time to make sure my credit card was good
and I spoke to three different people to verify this transaction since it was a large order
All that should be documented when you negotiate with the company. If they do threaten to sue, you can claim detrimental reliance- that you relied on their representation that they were going to charge this to your card. However, if it is due to being over the limit, the argument would not be a successful argument (since you would have control over that issue).
yes I understand
well I will talk to them tomorrow and see what they say
Based on the facts though, it would seem they would work with you, particularly in light of what you just mentioned. Sounds good!
okay thanks so much for your time
Very welcome. Take care.
can I get your number if i need to hire you?
Actually, that's against site rules - we aren't allowed to represent customers. But you can always request me in the future if you have any estate planning or consumer law issues.
okay thanks anyway
You are very welcome!