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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116828
Experience:  Attorney experienced in commercial litigation.
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I spoke with you back a few months regarding receiving a

Customer Question

Hello again. I spoke with you back a few months regarding receiving a damaged sofa. I won my credit card dispute because I had it in writing that they promised to fix it. Since I received my money back I did offer the company the opportunity to come pick up their sofa. They tried to charge me to return it at first and I required them to fix the invoice.
Long story short, we have taken off work twice for the shipper to pick it up but both times the shipper wouldn't take it because they didn't have the right packing material.
So I emailed that we will no longer be this accommodating and if they want their couch they need to come after 5 pm on a weekday.
So today they call demanding to come Monday (holiday) and I said that I was out of town and listed the days and hours he could come. He started yelling at me and said it doesn't work that way and that he's going to send this to collection agency.
My questions:
Can they send it to collection or would they need to take me to small claims?
Do I have the right to demand they come on my schedule? It seems unreasonable that I'd have to take off more work after doing that twice and them screwing up.
This furniture has been in my home for months and we haven't used it, but the company is so untrustworthy that I'm afraid if they get it back they'll say I damaged it more. The company is Appliance connection and their BBB rating us an F. I wish I researched them earlier.
Can you offer some assistance on what I can legally do? I really feel like they are setting me up.
I'm tempted to tell them to take me to small claims but then I'd have to continue storing this couch, right?Off topic but to give you an idea of how dishonest they are...,
They've also charged my credit card again so I'm disputing the invalid charge and will change my credit card number once it's handled.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to inform him that if he reports this to a credit bureau or sends it to collections you will report him to the attorney general for unfair and deceptive practices and will sue for unfair and deceptive practices. Tell him you will also pursue him for breach of contract for not properly handling the matter under warranty. Tell him you have the right to reasonable scheduling for pick up and since his delivery people causes the issue the last two times he needs to be reasonable on working on another pick up time and if he refuses again you will file your complaint to the attorney general and will pursue him in court for damages.