[CanSpoilU]

Ok... here is the long story short version:


I ordered $3000 worth of flooring from an online merchant. They split the cost into two charges (one $1000 and one $2000).

Flooring arrived by freight on a pallette delivered to my curb. After I signed off on delivery I brought everything inside (about 2000 pounds worth of flooring!). I noticed a lot of the "joints" were damaged on the flooring. This is not damage I would have noticed by looking at the outside boxes.

Anyways I asked the merchant to replace 15% of the product (sent them pictures). They said since I didn't file claim and signed off on delivery I am responsible. I told them that it was impossible to open every box in front of shipper and inspect a ton worth of flooring. Merchant refuses to budge so I filed BBB complaint and I decided to dispute the larger $2000 charge.

CC company refunds my charge and I never hear back from them again (I assume I won this dispute). 18 months later I am getting a collection letter in mail asking for payment in full on the full $3000 worth of flooring.

I have no intention on paying this $2000 balance as I received a lot of defecive product (and the CC company sided with me). I am DEFINITELY not paying the full $3000. LOL

Can someone please advice on what the next step is? I know I have to send a certified letter back to the collection agency disputing the collection. Any idea on what I should write? Shouldn't the fact that the CC sided with me be included in this claim?


Thanks in advance.

[centex]

The fact that the chargeback resulted in a credit did not resolve or eliminate the contractual dispute between you and the biller. At what point in time did you return the merchandise to the shipper?

[Enigma]

Have you offered to return the defective product and ask the vendor to replace it?

Depending on your state, if this was a home improvement project, the flooring vendor maybe able to obtain lien on your property without the need to go to court.

[CanSpoilU]

Originally Posted by Enigma

Have you offered to return the defective product and ask the vendor to replace it?

Depending on your state, if this was a home improvement project, the flooring vendor maybe able to obtain lien on your property without the need to go to court.

As part of the BBB complaint... I asked the merchant to come pick up the damaged flooring and replace it with new flooring. They refused to even issue a partial refund or ship out replacement flooring (10-15% of the total cost) even after I sent them the pics of the damaged product.

How would I know if they could obtain a lien on my house? Thats pretty insane. What states have this law?

[CanSpoilU]

Also what would be the best way to answer this complaint? I obviously have to put something in writing.

Also I forgot to mention that before I got the letter... I got the call from the collection agent. I told him that the product came damaged and the merchant refused to accept a return of it so I wasn't paying for a damaged product and I had the pictures to back it up.

When I told the agent that I didn't even dispute the full cost of the flooring (I disputed one of the two charges) he wasn't even aware of that. He said he would "check this out with the merchant and get back to me".

This was last week... haven't heard anything from him yet. But I got the letters a day or two after I spoke to him so I definitely have to put something in writing.

[Enigma]

Originally Posted by CanSpoilU

As part of the BBB complaint... I asked the merchant to come pick up the damaged flooring and replace it with new flooring. They refused to even issue a partial refund or ship out replacement flooring (10-15% of the total cost) even after I sent them the pics of the damaged product.

How would I know if they could obtain a lien on my house? Thats pretty insane. What states have this law?

You would receive a notice by mail.

What state are you in?

Read your shipping documents, it will guide you on what you should have done in order to claim a credit. Failing to follow those procedures can be costly. Fifteen percent defective product seems high. Was this all from the same lot number or was it a discounter that purchases odd lots?

[centex]

Herein rests the essential fault with your refusal to pay. It was a a $3K shipment. You have issues with 10-15% of the total cost yet you refuse to pay 67% of the bill. In the eyes of a court of competent jurisdiction, you have neither been reasonable nor have you fully attempted to resolve the matter through discussion with the vendor.

[CanSpoilU]

Originally Posted by Enigma

You would receive a notice by mail.

What state are you in?

Read your shipping documents, it will guide you on what you should have done in order to claim a credit. Failing to follow those procedures can be costly. Fifteen percent defective product seems high. Was this all from the same lot number or was it a discounter that purchases odd lots?

I am in New York.

I am not going to sit here and say there is no way I am going to pay for this. I would be open to settling this for maybe a partial amount if they pursue it.

But I want to fight it because a lot of the flooring came damaged. I was not able to completely floor my house because I didn't have enough planks.

The shipping carrier claims no responsibility because #1 they were hired by the merchant... not by me. So I have to deal with the merchant.

The merchant says since I did not point out there was damage to the floor when I accepted delivery I have no case. But most of the flooring had damaged joints which would not be visable unless I opened up each box and inspected all four sides of every plank. We are talking over 1000 pounds of flooring in 50 boxes... this isn't something simple like a TV.

I need to draft a letter to the collection agency. What should I say in the letter? They are coming after me for the full amount which is a joke since this was split into two charges. I want to get this letter out today or tomorrow if possible.

[Enigma]

If you still have the defective product, I would call the vendor explain the situation and tell them you will send payment for the non-defective product. Ask what their normal procedures are for returns. You may have to ship the defective product back at your cost.

Then it comes down to economics. If it will cost more to ship the product back than what it is worth, then ask the vendor to issue a credit, if they refuse, then you are still liable for the full payment since you did not follow their return procedures .

[CanSpoilU]

Originally Posted by Enigma

If you still have the defective product, I would call the vendor explain the situation and tell them you will send payment for the non-defective product. Ask what their normal procedures are for returns. You may have to ship the defective product back at your cost.

Then it comes down to economics. If it will cost more to ship the product back than what it is worth, then ask the vendor to issue a credit, if they refuse, then you are still liable for the full payment since you did not follow their return procedures .

They offered no return for any of it. Even for the defective pieces that I have photos for. If they would have just sent me 4 new boxes... (maybe $200 worth) this wouldn't have been an issue and there would have been no dispute.

But the fact is they refused to accept ANY return for it when I offered to exchange the portion that was damaged. I have this in writing with the BBB complaint.

So I disputed with the CC company and they ruled in favor and didn't pay them (yes I know this doesn't absolve me of the debt).

What is the best way to negotiate this? With the merchant or with the creditor? And how do I know if I we agree on a settlement for payment that they won't ding my credit? Don't I have to get something in writing from them before I send them anything?

[Enigma]

As far as the collection agency is concerned, you will dispute the balance they clam is owed since you made partial payment. Then you will negotiate with the vendor.

If they the vendor insists on full payment, then you will either pay it or fight it in court which may cost you more money.

I am not familiar with the construction lien laws in NY, perhaps Drivel will answer that for us.

As to inspecting a product, let this be a lesson learned, you ALWAYS inspect every single piece unless you have the option to write on the delivery ticket that the shipment canot be inspected in full at the time of delivery. But you will need confer with the vendor on that.

[CanSpoilU]

Originally Posted by Enigma

As far as the collection agency is concerned, you will dispute the balance they clam is owed since you made partial payment. Then you will negotiate with the vendor.

If they the vendor insists on full payment, then you will either pay it or fight it in court which may cost you more money.

Well what should I do in the meantime? Should I send in the debt validation letter that people here seem to talk about? They actually sent me two letters... a day apart. Both letters reference a debt amount that seems to be equal to the full amount (both charges)... however the amounts differ by about $1.50 so I don't even think this debt collector knows the full story. So I'd at least like to fight this somewhat.

[CanSpoilU]

I also just looked at my statements from 2006 because I wanted to see what the actual total amount the two charges were. Interesting tidbit... the total amount of the two charges is different than the amount on BOTH letters the collector sent me (off by about $45 bucks). So it seems like the collector isn't even sure what the merchant is owed.

And I also only disputed one of the charges so not only is their total amount wrong... but I theoretically owe them about $1000 less because I have proof of a partial payment through the CC company.

[CanSpoilU]

Well I mailed out the general debt validation letter today... return receipt & certified.

Interesting note their letters to me said I had to get back to them in SEVEN days or else "more affirmative action" would take place. Aren't they supposed to give you 30 days?