I had gone to a major electronics store that was going out of business. I had purchased some HP ink at a good price along with a USB TV Tuner . The Ink was in a plastic case that the cashier had to unlock to put in my bag.
When I went to my car I went to take the TV Tuner out of the bag but grabbed the ink instead. That’s when I noticed the bottom of the box was resealed. I checked the other two ink cartridges I purchased and one of them was also resealed.
I opened both boxes and saw not only was the cartridges used but one was a 3rd party cartridge.
I went back inside and was told that all sales were final and if I had a problem to take it up with HP.
Now I know HP didn’t ship it that way and while the switch could have happened at the distributor it is more likely that an employee at the store who knew they were going to be unemployed soon altered the product.
I contacted my CC and they initiated a charge back. They asked for proof from a 3rd party who sold the item that what I received was not what the box was marked. I complied with that and they told me the dispute was found in my favor.
Today I checked my account online and the charge appeared again with the original date. When I called the CC I was told the vendor sent them proof that “All Sales Were Final” and because I had agreed (by singing the receipt) they had to reinstate the charge.
I would tell the CC company that even though all sales are final, the product was misrepresented and is clearly fraud. I would put it in writing and probably CC the BBB and your state’s attorney general office… though if this is for Circuit City and they are gone, there is little they can do. I’d keep fighting my CC company and if they wouldn’t budge, I’d cancel the card.
My Darling Marcie had a similar experience but for much more money; the CC company would wipe out the charge and the seller would re-submit it. After three or four repetitions, Marcie canceled the card and got a new one. Even then we got phone calls from the seller, demanding payment for merchandise we never received.
It was fraud and they can’t use the going out of business all sales final to take you on this. Definitely file a dispute and say the product box didn’t contain the product. It was a fraudulent sale. Take it to the State Attorney General if the credit company allows the charge.
I might switch it up a little bit and say that they charged you for something but you never received it. When asked, tell them you bought two HP ink jet cartridges, but you later found out that there was HP inkjet cartridge in the package.
And like others have said, if they don’t budge (and you are in a position to do so) cancel the card.
Remind them that all sales are final BUT they charged you for something that you did not receive.
I wish I was at a point where I could cancel the card but I have two cards from this issuer who make up the bulk of my credit profile and my scores are poor enough as is that it would devastate them to lose the trade lines.
If I knew WHO the liquidation company was I would contact the NJ AG in this matter.
Yes I did try that route (paid for something not received) with the phone rep today but that did not fly.
You won’t lose the trade lines if you cancel the card. One will remain open and you can use it as usual, the other will show as closed by the consumer and will remain an active trade line until you pay it off. It will then remain on your credit report for another 7 years after that.
You can’t let it ‘not fly’ Call them up to dispute the charge again. Explain it to them over and over.
Since you don’t want to cancel the card, get a new card from a different company and just stop using that one and tell them so.
Assuming this is CC, you might have a better chance with your state’s attorney general.
Consumerist had the story of a busted TV sold by the CC liquidators - and they weren’t optimistic that anything could be done. The article says state laws don’t apply because federal bankruptcy rules are in place. If so, I guess this is a true “buyer beware” situation.