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we were charged for something that we never received

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we were charged for something that we never received
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 8 minutes by:
6/23/2010
Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 8 years ago
In early May we were on the computer to get inforrmation on a singer sewing machine. We did not get any information, and they hung up. We had to put our credit card number in to get an answer. We got a bill so we called on May 22nd to the credit card co. They took off the $24 bill. Then on June 1rst the charge was back on our credit card bill, plus a late charge of $15. The credit card company said that they could not do any more for us, short of canceling our card.
Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: fraud.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



In the end, the small claims court Judge decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

















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