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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10261
Experience:  Just Answer consultant at Self employed
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I had a inter tire on my motor blow on the other side of

Customer Question

i had a inter tire on my motor blow on the other side of refugio tx i went to carlos garcias tire shop the tire was a 255/80r22.5 he said he could not get that size tire and said i should replace all 4 tires on the rear he said he could get 4 rv tires at 698.00 per tire so i said ok he sented his truck to corpus christi tx to get the tires the installed all four tires on the rear of the mh i paid them 3303.79 on my credit card after i got home ,harlingen tx about a week later i went out to check on buying two new tires for the front the tires he sold me were goodyeat G316 LHT 255/70r22.5 and the goodyear dealer tells me that is a trailer tire not a drive tire are a steering tire and it sells for about 400.00 not 698.00 i have called arlos about 8 times yesterday no return calls itold his man at the shop that i would let them keep the 300.00 dollar labor and tire disposal and i would give him a nother 200.00 fot the use of the tires 180. miles and i would bring the tires back to refugi tx . his man told me all i wanted was a set of FREE tires which made me a little mad.
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: i am not realy wanting to sue this guy all i want is my 2844.00 back i am going to buy new tires here in harlingen but the justic dept need to look in to a crook
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: texas i live a135 miles south of carpus christi texas
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 months ago.

I am sorry to hear this; did you use a credit card for the purchase?

Customer: replied 11 months ago.
my discover card
Expert:  legalgems replied 11 months ago.

Thank you;

it is possible to open up a consumer credit card dispute and request a charge back.

This is authorized by federal law, specifically 12 Code of Federal Regulations §§ 226.12(c) and 226.13. and 15 USC 1666, 1666i, and 1640(e).

Basically a consumer can open a dispute with the credit card company, and the merchant needs to prove that they did not act wrongfully.

Here is the statute that deals with deceptive business practices act- which include representing that an item is of a certain characteristic/quality when that is not so:

http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.17.htm

Also there is an implied fitness for a particular purpose- basically the seller cannot represent that an item is to be used for a specific purpose when it is not designed for that.

This must be submitted within 60 days of the purchase and is allowed for Charges for goods or services different from what was represented or of the wrong quantity.

Otherwise one may file a small claims court:

information here:

https://www.texasattorneygeneral.gov/cpd/filing-in-small-claims-court

and

http://www.tyla.org/tyla/assets/File/HowToSueInJusticeCourt-SB0119E-1013_Web.pdf

A complaint can be filed here:

https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint

The state may get a restraining order prelcuding the business from futher similar conduct in the future.

Questions?

Post here please

No further questions?

kindly rate positively!

all information is legal

information only and

does not constitute

specific legal advice

or a particular course

of action. Thank you

Expert:  legalgems replied 10 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Customer: replied 10 months ago.
i have called the credit card co and disputed the charge 0f 2988.00 , i have also mailed them prices of the tire he sold me for 698.00 each the prices run from 350.00 to 468.00 sever hundred dollars less then his price before i made the dispute claim i called mr. garcia 8 times and could not talk to him and he never called me back . one of his emploies told me the only thing i wanted was free tires that is not true i have ordered new rv tires for my motor home and he can come and get his trailer tire any time he wants.
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
my next step will be to send the paper work to the attorney generals office but i will wait untill the credit card makes a discion
Expert:  legalgems replied 10 months ago.

Thank you for that follow up.

Expert:  legalgems replied 10 months ago.

If the company will not provide the requested relief and is misrepresenting the request, it is best to communicate in writing; here is a sample demand letter:

https://www.consumer.ftc.gov/articles/0296-sample-consumer-complaint-letter

Kindly rate positively so I receive credit from the site - if you feel I have earned it- Thanks!

Expert:  legalgems replied 10 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!