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    noirchat's Avatar
    noirchat Posts: 1, Reputation: 1
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    #1

    Oct 9, 2006, 05:39 PM
    Merchandise not delivered - paid by creditcard
    Hi,
    I purchased a sofa at Storehouse furniture, a retail outlet for the Rowe Co. It is a popular East Coast furniture store. I have purchased from them before. I waited for 3 years to make this purchase & decided only after they moved into a new huge - over 10,000 sq.ft. space - to see all of their offerings.
    I ordered the custom sofa and paid the total amount of $2250.00 on my Visa Gold card on August 29th. I called the store to check on it around 3 weeks ago and was told it was too soon to call - to wait the full 7 weeks. I went into the store last Monday and wanted to pick out carpet. I was shopping around like normal and the store manager came out and said that my receipt for my sofa had no value as they were in Chapter 11 and could not fulfill the contract of providing me with my merchandise. I was absolutely flabbergasted and left. I called my Visa card issuer and they said to fax to the chargeback department official notice the company was in Chapter 11. I faxed it. I called another location of the store in N. Virginia and was told by a store employee that they had called all their "open ended contracts" and told them to come down and get something else. I was never notified. I found out that my store transferred my seller. I called her and asked why she didn't call me? She said she got transferred and it slipped through the cracks - she was sorry. The store went up for auction last week and did not get bought -so they are being liquidated. I haven't heard from my Visa card yet, but I have informed them that I will not pay this debt as it is "goods not delivered" and I expect to be covered.
    Does anyone have any experience with this type of swindling? Please let me hear from you as to my rights. I am on the bankruptcy claim list, but I highly doubt I will see a cent.
    Thanks,
    Noir
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Oct 9, 2006, 06:39 PM
    Yes this is what happens when people go bankrupct. Or a business.

    When the role has been reversed and the person goes bankrupt the store gets nothing,

    But you should have a secured debt, since you have a lien on a piece of funiture. You will have to file an objection with the bankruptcy court.
    ( or try and find a manger that you have not talked to that will let you get something from the store floor of equal value)

    Next of course if you have caught and objected to the VISA charge within their time limits you should have protection there. Remember VISA is a third party, if they have already paid the store, and can not get a credit back from them on this, they are not the person to blame,

    But if you are owd by someone in bankruptcy you have the right to get an attorney to represent your rights against that person or firm.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #3

    Oct 9, 2006, 07:06 PM
    I want to say I am sorry, I hit delete on your message instead of reply, so I lost your email you sent to me.

    But on the bankruptcy unless your debt is listed as a secured debt, no you don't stand a chance to get anything, and they will try to show it as a non secure debt since it is moved over to account payable, ( they would want to list it as you needed a refund since they did not deliver)

    And that is the catch, since they are admitting they owe you the money,

    But yes I would try and show it as paid but not delivered, since that was what it really was, and my guess is since they are still selling things, they must still be selling under visa, thus there is a better chance to get a refund from them.

    But VISA normally wants you to file a objection within 30 days of the first date of it showing up on your bill. ( I don't know if that will or won't fit your case)

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