Legal Question in Consumer Law in Virginia

Is dispute from Credit Card appropriate for a none-refundable deposit?

Hi!,I recently pay $1200 deposit (using credit card) for landscaping design/install. But since the designer is not that responsive and the project got delayed. 40 days passed, we still haven't see our first revision of the design. I was so disappointed and decided to cancel the contract. But on the contract it stated ''If this Agreement is cancelled by the purchaser through no fault of the company, the purchaser agrees to pay an administrative and stocking fee of 10% of the Total Investment amount.'' But I don't want to pay that 10% (about $350) fee because I think it's their fault and I am not happy about the design.

So my question are,

1. How much legal chances do I have to argue with them and to put a ''fault'' on them. i.e., designer delaying project or I (customer) not happy with their service.

2. Is dispute the Credit card charges an option? If I do, will I get sue?

Thanks a lot for helping.

Kevin


Asked on 8/10/05, 5:07 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is dispute from Credit Card appropriate for a none-refundable deposit?

Yes, "you should put the fault on them", as you say, and put in contest under the Fair Credit Billing Act(FCBA) the 10% charge with your card issuer, which you are absolutely entitled to do under federal law and without fear of being sued for your having done so.

You put in contest the charge by sending a written statement to your card issuer notifying them that you are contesting this specific charge and precisely why. You must send a written statement; phone calls will not suffice.

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Answered on 8/11/05, 10:59 am


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