Legal Question in Civil Litigation in Georgia
I got a set of Americraft cookware. The representative who sold it to me did not give me all of the pieces I paid for. This is 9 months later. After 6 months I called my credit card company to dispute some of the charges and sent them the list of things I did not receive that was given to me by the representative and signed by us both. They reversed part of the charges based on the retail price of each piece I did not receive. Now the representative from Americraft is threatening to sue saying he would now give me the rest of the pieces but wants the rest of the money. He claimed he was in the hospital for 3 months and after I called him 2 months after waiting for the pieces he claimed an "employee" of his company stole his records. What about the other 4 months we haven't heard from him? After which numerous calls to his companies number went unanswered. He says the starter set he gave me retails for alot more than the credit card company gave him which is true however I would have never just bought the "starter" set I would since you get so much more with the set above it. I offered to give the set back if he gave me the money that he was paid by the credit card company but since it is now used he does not want it back and is insisting I owe him 900 more dollars. Does he have a case?
2 Answers from Attorneys
You are VERY lucky that your credit card company helped you. You are required to dispute charges IN WRITING and WITHIN 60 DAYS. Be grateful they did what they did as you messed up badly and got lucky.
Since we haven't seen the contract there's no way to tell you how a suit would turn out, but if your facts are correct I would cease talking to the salesman, not offer him anything, and report him to the Georgia Office of Consumer Affairs and Better Business Bureau. If he continues to contact you, pay a lawyer to draft him a stern get lost letter. If that doesn't work and he sues, see the lawyer again.
Most credit card companies will only allow the dispute after the charges first appear for only 60 days, not six months. You are very fortunate to have had the charges removed.
I do not like this salesman's business practices. You can report him, but this only serves as a warning to others. The BBB or Attorney General does not really help you if this guy truly is sleazy. You might also want to place a report on the Ripoff Report at www.ripoffreport.com.
I would stop talking and send the company he works for a certified letter (send him a copy, also certified). Explain that the pieces were not delivered and that you did not pay because you did not get the product within a "commercially reasonable time." Use those magic words. The company breached the agreement, you did not. Explain that and let them sue.
Since they are the ones that breached, they do not have much room to stand on. Failing to deliver a product for 6 months is not commercially reasonable unless this was a unique one of a kind item that had to be imported from outer Mongolia by dogsled.
Of course, I do not have the actual contract. Read that first to see if it says anything about refunds or what happens if the company fails to deliver a product. You might say something like the contract provides for refunds, but since the money was already refunded by the credit company and you did not get the products, that you want to call it even. Make sure they understand that if they want to pursue this, then you are going to defend and file a counterclaim for the value of the product which they failed to deliver.
Follow this outline - explain the background facts, explain the problem and then propose a solution - tell the company how you want the problem resolved and what you will do if they persist.
Feel free to contact me if you would like me to send them a stern letter on your behalf for a reasonable fee.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
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