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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33069
Experience:  16+ yrs. of legal experience.
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I am having an issue with a purchase I made over the phone

Customer Question

I am having an issue with a purchase I made over the phone with an online company, they gave me a fair resolution to the problem. In an email they stated (because I was delivered the wrong item) they would supply me with a free shipping label to return the incorrect purchase, and ask for a $550 deposit, which was reimbursable up the return, while they shipped the correct Item to me. I agreed to it, paid it over pay pal, and now they are saying I am at fault for the order and I have to pay for the shipping and any additional costs. What can I do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I want to make sure I understand. The issue is over the shipping costs? How much money are we talking about?

Customer: replied 1 year ago.
a little over 2,000 I purchased wheels and tires on eBay from "SD Wheels."
Expert:  P. Simmons replied 1 year ago.

Thanks
What you are describing, it sounds like the seller broke their agreement with you. You can sue them to recover the money they owe you

And you can do this in small claims court.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county where the seller lives) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

Now..you have to sue in the county and state where this seller is....so if they are in a different state, you would need to travel to that state for the hearing.

But it sounds like you have a good claim to recover that $2K they promised you.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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