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Two bed sets were bought from OverStock Mattress, Beds were…

Two bed sets were...

Two bed sets were bought from OverStock Mattress , Beds were sagging on one side and we had the bed for 2 weeks and said that the warrantee was voided because the bed was sat on the side. How does one get out of onesw BED? Jump up like a jack rabbit from the center? voided the warrantee on the 2nd bed and denied store credit of 170.01. I disouted this with Synchrony Bank since November 2017, 4x, Mattress Overstock lied and bank didn't even listen to my side of the dispute. I am sick of this! I now have to pay $3185 for something that the store will not come and get!, I have these Mattresses in storage and had to go and buy 800.00 dollars at another stoire to be able to sleep on a decent bed!, Company lied on this dispute and even charged me another 357.00 ontop of the 3185.00 which is supposed to be interest free for 4 years, and interest has already been added to the balance.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ready , set GO!

Lawyer's Assistant: What state is this in? And when did the issue begin?

Somerset,Kentucky, It began September 28TH, 2017

Lawyer's Assistant: What steps have you taken so far?

Disputed the charges 4x with Synchrony Bank and we were denied.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I will let Husband explain more than I can

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Answered in 3 minutes by:
3/26/2018
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,737
Experience: 30 years experience in general legal matters.
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Customer reply replied 3 months ago
I will away your reply, Thank You

If the company voided the warranty by improperly storing the mattress and then sold it to you with a representation it was under warranty then you can sue them for breach of contract and commercial fraud.

If you prevail on the commercial fraud claim you may be entitled to an award of attorney fees and punitive damages, as well.

Unfortunately, the claim exceeds the jurisdictional limit for KY small claims court. So you will need to sue in the regular courts.

While you can pursue this pro se, it is strongly recommended you retain an attorney to represent you. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

You can also file a consumer complaint online with the KY Attorney General's office.

They will investigate and take action, if they deem it appropriate.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,737
Experience: 30 years experience in general legal matters.
Verified
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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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