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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6571
Experience:  Licensed attorney helping individuals and businesses.
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I went online 8/22/16 to Sears Automotive and ordered 2

Customer Question

I went online 8/22/16 to Sears Automotive and ordered 2 tires and setup an appointment to have them installed at 5:00 pm. I called to confirm appointment and was told they did not have this on their computers. The girl was very helpful and made sure my appointment got put in. When I arrived I gave her a print out showing I had already paid for the tires. They had me call my bank because they did not show this payment. My bank said the payment is pending and can not be stopped. I was told it would only take a couple of days to refund my bank, so I went ahead and paid a second time to get the tires and keep from having to make a second trip. I was given a # for customer service(###) ###-#### I was told it could take 5 business days or longer to be refunded. I tried to explain that I did not have the extra money to have to pay twice for my tires and I have other bills that are due I can not wait that long to be refunded. She told me to call(###) ###-####that gentleman referred me back to(###) ###-#### I feel I am getting the run around. It sure did not take them 5 days to take the money from my bank either time. I guess I am just frustrated on the run around I am getting on getting this resolved.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  KnowYourRights replied 2 months ago.

Good morning. I am sorry to hear about this. Do you have a legal question, I can answer? Also, did you contact the bank and ask them to stop payment on this?

Customer: replied 2 months ago.
I asked my bank last night When I called them while I was at the. Store. They said it was pending so they could not stop it
Expert:  KnowYourRights replied 2 months ago.

Thank you. Yes, the bank can not take any action if it is pending, so you would have to wait. Moreover, it first has to clear, so then Sears could issue the refund/credit. I completely understand that you can not afford to make both payments but Sears has no control over issuing a refund until it actually get paid by the bank and until it gets paid, the bank can not stop/refute the payment. I do understand and know that Sears messed up and their online payment system failed but they are not able to issue you a refund until there is something to actually refund, which means they have to get paid. This is a banking issue and not something that Sears would legally be liable for. I know it is not ideal or what you wanted to hear but outside of them compensating you for the trouble ( i.e. with a credit of some type), they are not going to issue you a check or refund until there is something to refund

Customer: replied 2 months ago.
I do not wish to receive a call at this time.
Expert:  KnowYourRights replied 2 months ago.

What is it that you want Sears to do?

Customer: replied 2 months ago.
I guess I am just frustrated over the run around I received this morning. I am in customer service for a hospital and if we treated a person the way I was treated I probably would not have a job. I am basically paying for the fact that their computers were not working properly ( this is what I was told last night). So they get to wait to refund me ( I understand why, I have told patients this very thing myself) and I get screwed because their computers screwed up.
Expert:  KnowYourRights replied 2 months ago.

I agree with you 100%. The issue is that with the purchase pending, the bank can not do anything, as they shared. Then, until Sears actually gets paid and the money, they have nothing to actually refund. Sears is not going to issue a refund with a pending charge, since the charge may drop off or not clear. If that happens, then they would have to go after you for the money which they do not want to do. Yes, their systems were messed up and in this case, you could ask to be compensated with some type of credit or discount, on your purchase. However, they are not going to issue you a check or credit, until the purchases clear.

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