ohlala: your intuitive request to have your credit card company cancel your debit and have it charged back to the merchant account holder is the correct alternative in this instance. i respectfully disagree with the advice of perfectimage. as a lawyer for more than 32 years with a practice comprised, among many other matters, of hundreds of bankruptcy cases of nearly every stripe imaginable, i would advise you that it is not a wise idea to begin litigation against a party about to file for protection under any section of the bankruptcy code. it would be an utter waste of your monetary and other resources. if your chargeback is not accepted by your credit card issuer and the dealer holding your "deposit" files for bankruptcy, you MAY have a viable case under section 523(a)(2)(A) of the bankruptcy code, but it would be a longshot. an expensive longshot. should you wish more gratis advice concerning your "problem," feel free to send me a private email. -cfb
Oh, crap.
I just wanted to tell y'all about my fun by posting this edited letter to my CC company. Any advice from you business and lawyer types would be much appreciated.
Dear Sir,
I would appreciate your help in getting my money back from an order I made to a dealer on 25 July 2001. The item ordered was a turntable, and I was told by the manager that it would arrive at his store in three to four weeks. He was then to ship it to me. Four weeks after July 25th I called the store to see what the status was on the turntable. A lady who later identified herself as the bookkeeper answered my call and told me she would contact the distributor and then would call me back to let me know when it was due to arrive. She never called me back. I do not remember exactly how long I waited before I called back, around a week I am sure, asking about the status of my turntable. Same reply from her, and she never called me back. I was planning to call again, but September 11th came. Since there was no shipping going on, especially overseas, and since I would have felt very small to complain about my turntable at this time.
Around the 20th –25th or so, I called the distributor, hoping for some help in getting the turntable. I do not remember what the person who answered said, but she did not give me a date or anything. She contacted the dealer to tell them about my call, and the manager then calls me and tells me that an employee of his did not turn in the order to the distributor. The manager then ordered the turntable, and I verified this with a phone call to the distributor. Well, at least they said the has my model on order. So I waited another month, now late October/ early November, before phoning the dealer, and the manager explains to me that they are back ordered, and that the particular one that I want is produced in very limited quantities anyways. A couple of weeks, and I call again. He tells me that he will call the distributor and then call me back. He did not call me back. On November 27th, I called the distributor. I explained to them that I ordered a turntable in late July, but it only ordered the dealer in mid September. They seemed pretty concerned, and said they would check it out and call me back. They never did. On November 30th, I the dealer demanding my money back. The manager proceeded to explain to me that his investors are trying to close down the store and would not let him refund my money. He promised me that no matter what, I would get my turntable, and if not, the demo turntable in his store that is the model up from mine. I only have little doubt about his sincerity, but he does not seem to have full control over what is happening. I am worried that they will claim bankruptcy, or something before I get my turntable, or that they are just ripping me off. Thank you for any help you can provide me.
Sincerely,
Brian Norris
Dear Sir,
I would appreciate your help in getting my money back from an order I made to a dealer on 25 July 2001. The item ordered was a turntable, and I was told by the manager that it would arrive at his store in three to four weeks. He was then to ship it to me. Four weeks after July 25th I called the store to see what the status was on the turntable. A lady who later identified herself as the bookkeeper answered my call and told me she would contact the distributor and then would call me back to let me know when it was due to arrive. She never called me back. I do not remember exactly how long I waited before I called back, around a week I am sure, asking about the status of my turntable. Same reply from her, and she never called me back. I was planning to call again, but September 11th came. Since there was no shipping going on, especially overseas, and since I would have felt very small to complain about my turntable at this time.
Around the 20th –25th or so, I called the distributor, hoping for some help in getting the turntable. I do not remember what the person who answered said, but she did not give me a date or anything. She contacted the dealer to tell them about my call, and the manager then calls me and tells me that an employee of his did not turn in the order to the distributor. The manager then ordered the turntable, and I verified this with a phone call to the distributor. Well, at least they said the has my model on order. So I waited another month, now late October/ early November, before phoning the dealer, and the manager explains to me that they are back ordered, and that the particular one that I want is produced in very limited quantities anyways. A couple of weeks, and I call again. He tells me that he will call the distributor and then call me back. He did not call me back. On November 27th, I called the distributor. I explained to them that I ordered a turntable in late July, but it only ordered the dealer in mid September. They seemed pretty concerned, and said they would check it out and call me back. They never did. On November 30th, I the dealer demanding my money back. The manager proceeded to explain to me that his investors are trying to close down the store and would not let him refund my money. He promised me that no matter what, I would get my turntable, and if not, the demo turntable in his store that is the model up from mine. I only have little doubt about his sincerity, but he does not seem to have full control over what is happening. I am worried that they will claim bankruptcy, or something before I get my turntable, or that they are just ripping me off. Thank you for any help you can provide me.
Sincerely,
Brian Norris