Legal Question in Credit and Debt Law in California

I purchased a refrigerator from Home Depot last 2/21/11. They have a promotion of 1 year no interest. I don't have a specific date of the delivery because it will be delivered to our new house which I don't know when I will get the key to the house. Fortunately, we were able to get a date and called them to deliver it on 3/26/11. I started paying regularly on a monthly basis but was surprised to see this February statement I was charged with the interest of $285 plus $5.00 interest penalty charge. I called the Home Depot credit card financing and was told that they started counting the month from the date it was purchased which is 2/21/11. I told them that the appliance specialist told me that the 1st payment will start when we received the unit which was 3/26/11. I received the first statement in April 2011 which marked our first payment.

The Home Depot financing wanted me to talk to the Home Depot Store and asked them to correct the purchase date. But the Home Depot Store doesn't want to correct anything and made it clear with me that the first payment start in Feb 2011. How can I pay them when in pack I still didn't get the unit nor the Home Deport billing statement?

Could you please let me know what step do I need to do? Do I need to file a grievance in regards to this situation?

Your quick response is appreciated.

Thank you.

Nenita


Asked on 2/02/12, 11:51 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Nenita,

Absent convincing the store to change the sales date, you'll probably have to sue their finance company for some form of declaratory relief. There really is no consumer protection agency that has the power to force Home Depot to do the right thing and correct the sales date, so the Courts are likely your only option. You can, of course, file a complaint with the Better Business Bureau and possibly contact the California State Attorney General's office to file a complaint for unfair and misleading business practices, but over $300 dollars, you aren't likely to get much assistance from them.

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Answered on 2/02/12, 3:09 pm


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