Cancelling An Online Purchase

altronics · #1 05-11-2007, 10:01 AM

My issue starts with an online purchase for a marketing report for work (at the time I lived in PA and worked in NJ). I placed the order on my corporate AMEX; the order did not go through because the AMEX did not accept the purchase. Later I found out that the company would not accept the purchase so I had contacted the research firm to cancel the order. They claimed that they do not offer cancellations due to the sensitive nature of the report (they claimed that once an order was sent they order the report from another firm). They could not cancel the order even though I had not received the report. Their policy does state occasionally they will consider the cancellation of an order on an individual basis.

I have pleaded with them that this should be one of those occasions where they cancel and order, my employer will not reimburse for the report and that I can not personally afford to pay for the report myself. They offered to give me credit towards another report once I paid but I don’t need the report I order or another report. They have since sent this to a credit agency for collection and I want to know if I have any legal standing to convince them that this should be one of the occasions that they cancel an order or if I have any legal protection in this case to prevent this from affecting my credit?

Thanks
Al

Mr. Knowitall · #2 05-12-2007, 06:00 AM

This is between you and them. If you truly were acting on behalf of your employer when you made the purchase, refer them to your employer to negotiate the outcome. If this was a personal decision, albeit with the purchase (attempted to be) made on the business credit card, your employer probably would not be happy with that action.

Why didn't the charge go through? It is unlikely that they would have processed your order without a credit card approval. Was this a charge-back by your employer?

altronics · #3 05-12-2007, 07:54 AM

The amount was over the limit for my corporate credit card. According to their policy they will not release a report until payment is made (or as I would assume until the credit card cleared). My employer never saw the charge. Once I knew the amount was above the transaction limit on my credit card is when I began going back and forth with the company about cancelling the order.

They claim that once an order is placed that they order the report from a third party which I find unusual that they would wait for the payment to clear first before ordering the report on their end.

Ultimately, I want the transaction cancelled, but if it has to come to it can I keep this from affecting my personal credit by offering to pay monthly payments?

Mr. Knowitall · #4 05-12-2007, 08:32 AM

I simply don't believe them. I don't believe any middleman vendor is going to order an expensive item that it can't return unless it has first ensured that it is going to be paid. Try asking them (in writing) to send you proof that they in fact purchased the report, and cannot get a refund. Something like,

Quoting Sample Letter

Dear SoAndSo,

You have indicated to me that although you knew that my credit card was declined, you chose nonetheless to purchase the report I had ordered from a third party. You have indicated that the reason you continue to demand payment is that you have incurred the expense of ordering the report.

As I have previously told you, I was ordering this report for my employer. The denial of authorization of the purchase by my credit card company renders me unable to complete this purchase for my employer. You knew at all times that this was a business purchase being made on a business credit card, and not a personal purchase by me.

Please reply with copies of the dated purchase orders and invoices, showing that you in fact purchased the report, and confirmation from the third party vendor that you are unable to obtain a refund.

I have made every good faith effort to resolve this problem, however my employer's needs have changed and thus I am unable to obtain payment for this report. If you can document the fact that you purchased this report from the third party, and are unable to obtain a refund, I will do my best to convince my employer to pay for the report or at least to cover your losses. However if you are unwilling to document your claims I will be unable to assist you.

Sincerely,
altronics.

altronics · #5 05-12-2007, 09:36 AM

Thank you for your help. I am going to send them the letter and see what happens.

Thanks again,
Al

altronics · #6 05-21-2007, 02:22 PM

Well, I sent them the letter Mr. Knowitall posted and here is the response....

[COLOR="Blue"]Dear Anthony,

Sorry for the delay in getting back to you. Your report was ordered on Sunday 14th May 2006, 17.13 (GMT). Am email then went to the publisher of that report. It wasn't until the Monday morning when the ordering department tried to process your card that it was declined.

The fact remains that you ordered online with us and agreed to our terms and conditions. The invoice is still outstanding and payment is due to us.[/COLOR]

I am not sure how to proceed at this point. Should I continue to push for documentation and if so what should I do if they continue to decline to show documentation?

Thanks,
Al

Mr. Knowitall · #7 05-21-2007, 03:21 PM

It is a reasonable inference from their response that, whatever email they may or may not have sent, they did not incur a loss. You can either ignore them or respond along the lines of, "As you are unable to document that you in fact placed an order for the report, let alone that you were unable to cancel the order or obtain a refund, I am unable to offer you any further assistance."

altronics · #8 05-22-2007, 04:13 PM

Thanks for your help Mr. Knowitall!

One other question, the company has sent this claim to a collections agency. How should I handle the collections agency (I don't want to chance this showing up on my credit report)?

Thanks,
Anthony

GreatGadsby · #9 05-22-2007, 04:16 PM

make sure you dispute within 30 days of the initial contact from the CA.

altronics · #10 05-22-2007, 04:43 PM

I have already called them to explain to them that I want to dispute the claim and they told me I need to put it in writing. I plan on mailing them my e-mail exchange with the company tomorrow. Before I send them anything else do you have any other suggestions on what exactly to send and how to handle them? Do I need explain to them that I am disputing the claim in writing?

Thanks,
Anthony