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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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6/16 Went to NTB (Tire Franchise) to purchase new tires.

Customer Question

6/16 Went to NTB (Tire Franchise) to purchase new tires. Dropped care off. When I went to pick car up, sales rep states that another customer paid for my tires. Sales rep states that he accidentally cashed out my account and the customer who paid did not realize it until they got home, looked at the receipt and saw my name, car, vin number on their receipt.The sales rep told me that when I paid, my payment would go towards the other customers bill, and everything would be correct on the receipt.I swiped my card and was expecting a regular credit care receipt for my payment - Instead I received an invoice receipt with my name, address, vin, my tires and the other customers last 4 of credit listed as payment method.I told the sales rep I was not comfortable with how things were documented and that I wanted a receipt with my info and my payment of $697. He then handed me another invoice with the other customers info and the last 4 of my credit card listed as payment method.I told the rep that I wanted him to refund my payment and put it towards my account properly. He refused and stated that the other customer would have to be here in order for him to correct the mistake. He told me that if he refunded me I would not be able to leave with my vehicle.He then supposedly called the customer and asked for them to come back, but of course the other "customer" did not return his call.Is there anything at this point that I can do to have this corrected or to cover myself and my purchase??
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The only thing you can really do is call the credit card company and fill them n on what happened and then take whatever paperwork they give you. Be sure you get his name and note the time and date of the transaction.

If you can get him to let you record him explaining it then that would be helpful as well, assuming you have a smartphone with a recording app on it.

This covers you as good as you can be covered.

Be sure the credit card company gives you a reference number or whatever they use to track ths issue.

Customer: replied 4 months ago.
Can I file an incident report with the county police?
Expert:  Dwayne B. replied 4 months ago.

You can try but they are likely going to tell you "it's a civil matter" and they may not even take the report. The other issue is that they may not put anything down and could even put down things that hurt you. I don't see how in this case but it is ceetainly a possibility that you have to be aware of.

Customer: replied 4 months ago.
what they have done is legal?
Expert:  Dwayne B. replied 4 months ago.

Well, it's not against any specific laws. There are certainly issues but they appear to be more bad business and potentially a breach of contract rather than actually illegal.

If they try to keep extra money, etc. then they would start crossing into illegal territory.

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