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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118798
Experience:  Attorney experienced in commercial litigation.
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1) Based on one sided (vendor never signed) agreement, is my

Customer Question

1) Based on one sided (vendor never signed) agreement, is my dispute legitimate, since written authority to use my credit card was in the event of loss or damaged items only.
(2) Chase credit card company ruled out that based on the cancellation policy, the charge is legitimate and I need to pay the amount.
(3) If I do not pay the disputed Charge, can Chase Credit card company recover the disputed amount from fund lying in checking account of Chase bank?
(4) Will my credit be affected?
(5) Can I ask subsequent questions, related to the issue, based on your legal opinion?
(6) Please let me know how can I upload-agreement + my letter to chase credit card- so that you can review before you can give your opinion
Submitted: 11 months ago.
Category: Consumer Protection Law
Customer: replied 11 months ago.
2 Supporting files attached
Expert:  Law Educator, Esq. replied 11 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.
1) If you signed the contract, the vendor did not need to sign according to the way that contract is written.
2) If there was no damage to the property and it was returned in good condition, then according to your contract they had no authorization to charge your card and if they did so and the credit card company will not reverse the charge, then your lawsuit is against the vendor and not against the credit card company and you can sue them in small claims court.
3) Your issue is not with Chase and if you do not pay Chase they can seize funds in any bank account you have with them and also they can report it to the credit bureaus, so your cause of action (law suit) is against the vendor, not chase as that is who you had the contract with.
4) Yes, Chase can report you to the credit bureau if you do not pay your credit card bill.
Based on what you are saying, if this vendor improperly charged your card, you need to sue the vendor in court to seek your refund from the vendor, because that is who your contract was with and Chase is merely the middleman in this deal.
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Customer: replied 11 months ago.
Thanks for your Response, however I have few follow up questions.(1) As per the agreement credit card is to be used in the event of loss or damage of the property, The event was
subsequently cancelled- so the question of loss or damage does not arise. under this circumstances, why do I have no
case against credit card for not reversing the charge?(2) If I do not pay credit card company and remove my balance to another bank account and thereafter credit card file a law
suit against me- what are my chances of winning an argument that - credit card was processed without my written
authorization. As authorization was for damage or loss only and not for the payment.(3) In case I have to recover the fund from Vendor, in which state I should file a law suit in small claim court- My state which is Texas or state where vendor is situated i.e in CA?RegardsAnil Kanabar
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Your recourse is against the vendor, not the credit card company. The credit card company would reverse the charge only as part of a courtesy to customers but will not get involved in contract disputes between you and the vendor, which is what you are engaged in here.
You have to file your small claims suit in the state where the vendor is located and you can sue for the reasonable costs of travel to CA to sue them in small claims.
If you do not pay the credit card, they can sue you for the payment, they will report you to the credit bureaus as well and you have no legal dispute with the credit card company, your problem is with the vendor so properly direct your claims and you should prevail.
Customer: replied 11 months ago.
I checked with my daughter who lives in CA and she told me that she had agreed verbally to charge my card ( This is not correct- but I would not mind since she is my daughter) but within 24 hours she called and sent an e:mail that event is cancelled and vendor should not charge credit card, but vendor proceeded and charged the card saying as per the agreement there is no refund of payment made. Is this fair trade practice? What are the chances of winning the case and get full amount back from Vendor? If small court will not award full amount- do you think they would award partial amount especially transport cost of about $ 1,400.00 as the event did not take place and there is no transport cost?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
If your daughter testifies that she gave verbal authorization to charge the card, then your chances of winning dropped dramatically. The contract does not provide a 3 day right of rescission and the law in this type of contract does not provide a right to rescind, so legally once the contract was signed and your daughter told them to charge the card they had authority to do so and the contract is binding I am sorry to say. Had your daughter not told them to charge the card, you had a significantly high chance of success in winning your case against them.