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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27643
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Wondering if it would be worth it to get a lawyer involved

Customer Question

Wondering if it would be worth it to get a lawyer involved over a very contentious dispute that I am having with merchant over $4,600. I did work with my credit card company to file a dispute, but in the end they were really not an advocate for my situation, and are confined to very black and white prescribed approach. I have a letter that I wrote re: the entire situation and can share that for the details, if that helps determine the worthiness. The money is significant, but it's the blatant dishonesty and horribleness of this company that is really driving me to take it up a notch. Please advise.
Thanks in advance,
Shari Cleary
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. Can you share with me what goods or services you bought and paid for which was not delivered by the other party? Just curious to briefly know what the dispute was?

Customer: replied 1 year ago.
In LasVegas at store/company called LeSavon, which is a cosmetics company. I made 2 purchases. One I took with me when I left the store (that was for about $450) the second was my insult to injury for the $4600 that the were going to ship to me. It was one of those places where they lure you in and put all their product on you and tell you how fantastic you look, etc. Later that eve I had a horrible reaction to something they put on my face to the point I had hives all over my face and neck and my eyes were swollen shut. I called them the next morning and asked them not to ship the rest of the product due to my reaction and after getting the run around for an entire day I was told I signed a slip that said NO REFUNDS and it went downhill from there.
Customer: replied 1 year ago.
I do have the $450 worth of product, but it's still in the bag and not been touched since I purchased it back in June, I do not have the $4,600 worth of product that is still in dispute
Expert:  LegalKnowledge replied 1 year ago.

Thank you. Do you have or have you seen a copy of the slip which you signed regarding their refund policy?

Customer: replied 1 year ago.
I do have the shipping doc that I signed that does say that, but my point to them was for the 40 minutes and two purchases, no one ever verbalized that policy...not once! I would think for that amount of money they would have told you when they asked you to sign what you about to sign. Furthermore, because they were putting product on my face I did not have my glasses on when they asked for signature so there was no way for me to see that wording on the paper, especially since they avoided pointing it out
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information and I do understand your argument. The receipt/document which you signed is going to control. I say this because there is a presumption, that if you signed it, you read it. However, you could have a possible defense. I say this because you shared that they had you signed this when you did not have your glasses on, so you may be able to argue that they look advantage of you and had you sign this when you did not have a chance to read it. At the same time, they could come back and say you decided to not put your glasses on and decided to just sign it without reading it. This is why the credit card company is not going to reverse the charge or get involved. It is going to be a tough case to win, since you would need to show that they did something to mislead you or misinform you, about their policy and no refunds.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!