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post #1 of 70 (permalink) Old 12-24-2017, 03:50 AM Thread Starter
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Advice for Vendor that won't Refund a Returned Intercooler?

Friends, I seek advice,

Last year (2016) my intercooler ballooned and I had to install a replacement. The company I ordered from had back-ordered the item and I had to cancel the order.

My order was cancelled via e-mail, but I was not refunded.

Fast-forward a few months later and the order I cancelled had shipped, I received a shipping notification. I contacted the vendor and explained that the order had been cancelled and that I was expecting a refund. They apologized for the confusion and other problems, instructed me to return the item for a refund. When the item arrived I instructed UPS to return the item to the vendor, and I notified the vendor that the item had been left with the UPS.

The tracking info shows the item was returned to the vendor's facility a few days later.

I have contacted the vendor numerous times for a refund and I still have not received one. I have been assured it would be resolved.

It has been almost TWO YEARS.

Does anyone have any advice on what I can do to get my money?

Thanks, and Merry Christmas!
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post #2 of 70 (permalink) Old 12-24-2017, 07:54 AM
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At this point...chalk it up to bad experience....u can go to yelp and bad mouth him...If need be, lodge a complaint with the BBB association in his area...
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post #3 of 70 (permalink) Old 12-24-2017, 09:38 AM
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Well if your not willing to let people know who you are talking about. I would assume your to nice to push this so, write it off to life sucks and move on.

If it were me, I would have included the shops name in the story, I would be contacting them daily. etc. At this point the only leverage you have is there reputation.

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post #4 of 70 (permalink) Old 12-24-2017, 09:55 AM
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Quicker action with your credit card company might have gotten results (of course depending on how you paid), but this late in the game I don't know if that would do any good. If a CC company was involved, you could give it a try. But as mentioned, you might just have to chalk it up to experience.
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post #5 of 70 (permalink) Old 12-24-2017, 10:16 AM
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Davhamm is right. It's time to get down and dirty!

Not knowing what kind of firm you are dealing with, if it is a 'named company' of any reputation and size, I'd find the owners/top officer's names and write and/or call. Sometimes this can be found via the local Chamber of Commerce office in the local or BBB folks. A letter to the President hopfully will be intercepted by his/her staff and a resolution forthcoming. (staff treasure's their bonus and want to appear doing their duties protecting him/her)
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post #6 of 70 (permalink) Old 12-24-2017, 01:35 PM
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Was this Norm? From Norm's fiberglass?

I had a similar experience with him and he jerked me around for months. I found out the hard way about the 3 month rule for credit card disputes.
As such,
I finally had to accept the fenders and then sell them for a loss.

O wait, he doesn't sell intercoolers, but it sure sounds like the same B.S. from a similar D-Bag

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post #7 of 70 (permalink) Old 12-25-2017, 01:25 PM
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Quote:
Originally Posted by wilson0x4d View Post

Does anyone have any advice on what I can do to get my money?
Simple, post the vendors name, call them out. This isn't a $10 item that you returned, its $500+ that's some serious change to loose.

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post #8 of 70 (permalink) Old 12-25-2017, 01:28 PM
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And depending on the amount of money, get a lawyer and sue them.

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post #9 of 70 (permalink) Old 12-25-2017, 02:58 PM
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post #10 of 70 (permalink) Old 12-26-2017, 11:06 AM
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Definitely agree that two years is way too long to act on something like this. With that much passing of time, your options are limited.

First question though, is have you documented everything? Do you still have bank records? Emails? Notes about phone conversations? I ask this not just from the perspective of going forward with a lawsuit...which may or may not be possible considering the time frame...but rather just to prove to whatever vendor this is that they have let your order fall through the cracks as this is exactly what has happened. You need to contact the vendor and, if you don't want to "out" them here, you can PM me and I'll see if I may be able to help get this resolved as I have some good connections with our vendors.


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post #11 of 70 (permalink) Old 12-26-2017, 12:44 PM
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Quote:
Originally Posted by Robotech View Post
Definitely agree that two years is way too long to act on something like this. With that much passing of time, your options are limited.

First question though, is have you documented everything? Do you still have bank records? Emails? Notes about phone conversations? I ask this not just from the perspective of going forward with a lawsuit...which may or may not be possible considering the time frame...but rather just to prove to whatever vendor this is that they have let your order fall through the cracks as this is exactly what has happened. You need to contact the vendor and, if you don't want to "out" them here, you can PM me and I'll see if I may be able to help get this resolved as I have some good connections with our vendors.
Point of clarification, its only been a year not 2, still long but not as bad.

-- Side track ---
I still don't understand what the point of coming on a forum and complaining about a bad exchange with a vendor, and not saying who the vendor is?
Your not helping anyone avoid your situation, your not applying any pressure on the vendor. No one can really help or give advice since they don't know if this is a big auto dealership, a big auto supplier, or a small one of kind of shop, all which would take a different approach.

If this guy said it was Norms (which I doubt as I dont think he does CAC) but has had a history in his perfection delaying deliveries.

-- side rant over---

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post #12 of 70 (permalink) Old 12-26-2017, 02:34 PM
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Yea, I just read the part where he said it had been almost 2 years. If it happened in January 2016, then it's pretty darn close to 2 years. If it happened in December 2016, then it's only a year. Without a month I just went by what he wrote. Everything I suggested would hold true for either scenario.

The question sounded to me like he was asking for suggestions on how to proceed recovering his money. Considering the time span involved, I ASSuME that he is thinking lawsuit and asking for the next steps he needs to take to pursue one. I don't think they are looking to apply pressure to the vendor directly through this post.

The first issue is not verifying that you had received the refund when you canceled the order. That refund would appear in a week or 2 at most. If you had not received a refund in that time, you should have been following up with the vender via email to verify that they received your cancelation request and that a refund would be forthcoming. This communication should have been via email so that there is a traceable record showing you canceled the order and that the vendor's agent verified the cancelation.

If, after that, you still received the intercooler a few months later, believe it or not it would be yours. Law states that if something is mailed to your residence, it is yours. (Of course this was what I learned back in 1988 so laws may have changed since then...lol) HOWEVER, the RIGHT thing to do would be to reject the delivery like you did. The issue of a refund would be moot as that would have already been handled with the earlier correspondence and repeated follow up via email until it the refund was processed and received.

Of course, that's not what happened and in no way helps you where you're at.

All you can do now is have all your bank records in order (and by all I would have every statement from your payment method from the day the charge was put on the account until today) and all the shipping information from UPS. Now, I don't know how long UPS keeps tracking information on file, so you may want to contact them and see if that tracking information can still be recovered. Just having the tracking number may not suffice.

This proves 2 things.

1) You paid for the item and never received a refund for it.

2) That the item was not delivered to you and was, instead, returned and received by the sender.

Having all email correspondence about this order would be a bonus in backing up your claim that you canceled the order and the vendor agreed to a refund.

At that point, you present these facts to the vendor. If the vendor STILL doesn't refund your money, then you need to consult an attorney but at this point in time I have a feeling you may have waited too long to seek any redemption from the court system. Come to think of it, consulting an attorney may need to happen now IF you have all the above evidence in hand at the moment. This way, if your the window of opportunity to file a lawsuit is about to run out, you can file it before it does WHILE you're trying to negotiate a settlement with the vendor.

Communication here is key. IF you need to file a lawsuit because of time restrictions, let the vendor know that if they can have the money in your account by that deadline that you won't file. If not, you have no other choices. II would hate to see it come to that as I'm sure this is just an oversight by the vendor and nothing more. In lawsuits, only attorneys come out making money.


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post #13 of 70 (permalink) Old 12-26-2017, 02:59 PM
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It sounds like you have been reasonable patient. Having said that, there is always two sides to every story and we are not privy to it. Basically you have two options, swallow your pride and chalk it up to life experience (live & learn). Or...you can continue to try and get your money back. If you pursue it I'd give the vendor another chance and if you still do not receive your refund within 30 days of your last email, then I'd say you can post your experience with the vendor on social media (and your states AG office), and let the pieces fall where they may.

Last edited by ChopTop; 12-26-2017 at 03:04 PM.
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post #14 of 70 (permalink) Old 12-31-2017, 04:13 PM
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Quote:
Originally Posted by wilson0x4d View Post
If this winds up going to court I'll contact the BBB before filing.

Since I'm not looking to besmirch a vendor (what a guy!) I'm really only looking for options. If I don't get my money by the end of Feb then I'll likely visit every automotive forum to see if this has happened more than a few times, sharing the vendor name and determining if this can be filed as a class-action suit in either CA or FL.
Who uses the BBB anymore? not sure why you would waste your time there.

Uhhhh yeah, so I read this as yeah, I don't want to let other people know this guy is trouble, but I want to sue his ass and possibly make it a class action to make the lawyers even more money.

I don't get it, your not besmirching them, your letting others know how this vendor treats customers.

Going on a limb here, but you seem to be a lawyer (just a guess).

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post #15 of 70 (permalink) Old 12-31-2017, 05:12 PM
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Damn, he deleted the post.. must have decided it wouldn't help him in court, to have it sitting out there, well some of its there in my qoute, the rest will take a bit of cyber work to find.

But I just came back, as I was wondering how does a $600 - $800 CAC turn into a $10k settlement? Which is what I recall he said he would get in small claims court in his now deleted post.

EDIT -- I do recall he said the vendor was in Florida not sure if that helps anyone.

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Last edited by davhamm; 12-31-2017 at 05:15 PM.
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