Legal Question in Consumer Law in Massachusetts

did not receive carpet

last june when a new homedepot opened in our city my wife went down opened an account purchased a rug on the day the carpet installers were to come who were from homedepot did not show up or call us to install our rug we went down to the store too talk to the sales girl who took our order not getting any satisfacition we canceled our order we did not receive our carpet but it still shows up on my wifes statement we have written letters to the credit card company and home depot and still 9 months later we still have it on her bill we have closed the account and paid off any charges my wife has made except the carpet i will not pay for something i did not get the homedepot credited me for the price of the install but not the carpet what can i do now


Asked on 3/25/07, 1:12 pm

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: did not receive carpet

Send a Certified Mail letter to the company charging you for the carpet, calling it a "Chapter 93A Demand Letter." In it, clearly tel them they did not show up to install the carpet, so you cancelled due to dissatisfaction, and you never received the carpet they continue to charge you for. Tell them that demanding payment for a product they never provided is fraud and constitutes "unfair and deceptive acts and business practices" under the "Massachusetts Consumer Protection statute, Chapter 93A, and violates the Fair Debt Collection Practices Act."

Further tell them that if they do not immediately remove the fraudulently charged carpet that they never provided -- and immediately correct all negative credit reports they have made to the credit bureaus based on the unpaid carpet charge, you will file suit, where you will be eligable to win double or triple the amount of your actual damages, plus reasonable attorneys fees. They should respond within 30 days.

A letter like this from an attorney would be far more effective than coming from you personally. How much is the carpet charge? Let me know if I can help; we could probably work something out. I've sued Home Depot before.

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Answered on 3/26/07, 10:48 am


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