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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88139
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Im XXXXX. I ordered a Gold Coin over the phone fram

Resolved Question:

I'm XXXXX. I ordered a Gold Coin over the phone fram a company in Levittown, N.Y. This was 10/08/12. Since that time this company has sent me other coins, which I have returned. They still charged my credit card for these coins I have returned. I have cotacted the company several times and they tell me the charges will be cancelled from my credit card. This still has not happened. What can I doabout this problem? Thank you & have a great AZ. day. XXXXXX

Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. You have two steps here.

Challenge the Charge With the Credit Card Company
If you have not already done so, you may challenge the credit card charge with the company behind the credit card. This is done by simply calling the 800 number on the back of the card. The company will look to see if there was authorization from you for the charge (either by you swiping it, or, by them having a contract that allows repeated charges). Assuming that they do not find this and the Levittown company cannot show such a contract, the charges may be reversed and then this matter will complete itself.

Take Them to Small Claims Court
If a challenge to the credit card does not work, you may have no choice but to seek relief in small claims court. I am guessing that you are in Arizona because you state "have a great AZ. day." As such, please see here for a quick overview of small claims court in AZ. AZ has jurisdiction over them in NY because they did business in AZ. AZ ST RCP R 4.2 (2003). You may sue for unjust enrichment. In Arizona, five elements must be proved to make a case of unjust enrichment: (1) an enrichment; (2) an impoverishment; (3) a connection between the enrichment and the impoverishment; (4) absence of justification for the enrichment and the impoverishment and (5) an absence of a remedy provided by law. City of Sierra Vista v. Cochise Enter., Inc., 144 Ariz. 375, 381, 697 P.2d 1125, 1131 (App. 1984); Stapley v. American Bathtub Liners, Inc., 162 Ariz. 564, 568, 785 P.2d 84, 88 (App. 1989). While normally used in contract matters, this may apply here.

The judgment may be domesticated in NY to be enforced if they do not pay.

Often, a letter threatening suit may be enough for them to refund the money. Please, REPLY and let me know if you need a sample letter like this if you do.

Also, if you are not in AZ but are in NY, let me know as well.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88139
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I am very pleased with your answer. I will contact the credit card company and see what they can do. If for some reason I need to talk to you again, how will I contact you? & yes I live in Arizona.

XXXX

Expert:  Ely replied 1 year ago.
Thank you for your kind words.

If for some reason I need to talk to you again, how will I contact you?

You may always find me here in the future, friend.

Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.

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