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View Full Version : I want to file small claims against kmart who hasn't given me a refund


ketchuptomatoe
Oct 1, 2012, 06:02 PM
I purchased an item on line and totaled $729.98 and it was tracking on its way to me then all the sudden 3 weeks later after purchase they said they have received my return and are processing a refund. I called the 1-800 asked what happed I wanted the items how did they get returned, The reps reponds was a refund is being processed. I am paying attention for a refund but no refund going through and every time I called the customer service they said wait about 3 different times that I have called then I faxed my card transaction showing a charge but no refund so they email me back saying they didn't receive the rright dates It was the entier month with the charge going through with out a refund how is that not clear. It has been 42 days since the transaction on my card balance and the customer service is giving me the run around each time I call so my plan is to fill out this small claims and get a refund and never shop at this store AGAIN.

odinn7
Oct 1, 2012, 06:04 PM
Ok, thanks for telling us.

Did you have a question?

ketchuptomatoe
Oct 1, 2012, 06:21 PM
Ok, thanks for telling us.

Did you have a question?

Yes... How do I go about filling small claims against a corporation the web site doesn't give an address maybe some one has gone through this before?

Fr_Chuck
Oct 1, 2012, 06:27 PM
You go to the store and ask them for the phone number of where they receive legal mail for the corporation.

You call customer service and ask them for the address to send legal mail for legal service.

Or here is the corporate address, which should work for you.

KMART USA Corporate Office Headquarters HQ Address
3333 Beverly Road
Hoffman Estates, IL 60179
Corporate Phone Number: 1-847-286-2500
Fax Number:
Email Address:[email protected]
Parts orders and Inquires:1-800-366-7278
Product Installation: 1-800-326-8738
Home Services & Repairs: 1-800-469-4663
Manage My Life Website Inquiries: 1-800-803-6775

Personally I would take all my info also and ask to see the local store manager, ** talk to the actual manager** explain this to them, and ask them if they can do anything for you.

If I was doing legal service, not only would I have the National office served, but would also serve the local store as their local representitive.

ScottGem
Oct 1, 2012, 06:31 PM
Took me 3 clicks to find the address:

Sears Holdings - Contact Us - Our Location (http://www.searsholdings.com/about/loc.htm)

However, I don't think you have given them enough time. A suit isn't about making someone do something, its about compensation for their not doing something. You need to escalate this with Customer Service. You also need to contact your credit card issuer and have them put the charge on hold because you never received the merchandise.

ketchuptomatoe
Oct 1, 2012, 06:51 PM
I have eascalated this on there 1800 number numerous times it goes in one big circle with out them fullfilling the order or a refund 42 days with a $729.98 transaction... This is America where this type of stuff doesn't go on for very long well maybe one circle but 3 times of this circle of calling, faxing, emailing without a result. 30 days is enough with out my hard earned dollars!

AK lawyer
Oct 1, 2012, 07:49 PM
Yes... How do I go about filling small claims against a corporation the web site doesnt give an address maybe some one has gone through this before?

Actually, technically speaking, the Illinois address given by Fr_Chuck and by ScottGem probably wouldn't be correct for service of process. In most states, a corporation such as K-mart is required to have a registered agent in-state. OP should look up the corporation registration web-site for his or her state, where the identity and address of the registered agent will be identified.

ScottGem
Oct 2, 2012, 02:44 AM
I have eascalated this on there 1800 number numerous times it goes in one big circle with out them fullfilling the order or a refund 42 days with a $729.98 transaction...This is America where this type of stuff doesnt go on for very long well maybe one circle but 3 times of this circle of calling, faxing, emailing without a result. 30 days is enough with out my hard earned dollars!

That's not the point. Actually bureaucratic screwups like this happen all too often. Did you pay your credit card bill? Did you try working through the credit card?

JudyKayTee
Oct 2, 2012, 10:34 AM
That's not the point. Actually bureaucratic screwups like this happen all too often. Did you pay your credit card bill? Did you try working through the credit card?


I HATE it when Scott uses my answer before I post it!

Why haven't you gone through your credit card company, protested the charge? They will freeze that part of your credit card until they sort it out.

My experience with KMart? Serve the local store. They will forward the papers to the proper office.

ketchuptomatoe
Oct 2, 2012, 12:59 PM
I HATE it when Scott uses my answer before I post it!

Why haven't you gone through your credit card company, protested the charge? They will freeze that part of your credit card until they sort it out.

My experience with KMart? Serve the local store. They will forward the papers to the proper office.

The charge on my credit card had already went to payment and I can dispute the charge and follow up with it just as much as the card issuer & it is a Master Card handles disputes a lot different than Visa. Visa will put the funds back and Mastercard won't until the dispute is resolved. The purchase I made was on-line not in-store. In- store will accept the return and give a refund but I didn't receive the item to bring back to the store. The Kmart reps are very customer oriented hearing me out but they just forward to the next department to the next like a run around scenario for weeks without being resolved in any way at all and putting the paper work into small claims will get results. I shop on-line a lot this is the first time I have had this big of an issue about an on-line purchase, return, & refund.

joypulv
Oct 2, 2012, 01:17 PM
I disputed a charge with Master Charge and the amount was deducted immediately, before the dispute was resolved. MC can put a charge back on your account if you receive the item or otherwise lose the dispute.