Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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?
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
What is it that you want Sears to do?
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.