Being Invoiced For A Product That Was Never Received

[needofhelp]

My situation is that I ordered a window and paid half of the money down for the window and was going to pay the remaining amount at the time of delivery. I was notified that my window had come in and scheduled delivery. After waiting half the day, I was called and said that the delivery would be delayed a few hours...and well by 8pm, I realized that they are just not coming. The following morning I called the company discussed why they didn't show up and rescheduled for delivery. Same thing happened the second time around - no show. Finally I had enough and said you know what I don't want the window anymore. Well today I get an invoice for the remaining balance for a window I never received. Is this legal? How can I be charged for something I didn't receive? I live in Alabama...any feedback would be greatly appreciated.

Thanks!

[Mr. Knowitall]

When you called the company and told them that they had billed you for a window that had been "returned" due to their failure to deliver it as promised, what did they say?

[needofhelp]

I have not called yet regarding the invoice - I wanted to see if legally they could charge me for a window I never received and if there was some consumer law that would back up my claim.

I have contacted and reported this company to the BBB. This company is listed on the BBB site with 11 complaints - 5 of which were in the last year for similiar situations.

My concern is that they are billing me for something I don't have nor want at this point and I don't want this to escalate to where it will show up on my credit report at some point.

[needofhelp]

Ok...I just got off the phone with them. They said I was responsible for the window because it was a custom ordered window and they would not take a loss on it. I explained that had they delivered the window either one of the times we scheduled this would not have been an issue - but since they did not uphold their part of the deal I no longer wanted the window and I should not be invoiced for a product I did not receive. In fact, I said, I should actually receive a refund for the deposit I made for this window. They stated they would not give me a refund and that I still owed the remaining balance and they would take whatever necessary steps needed to recover the money.

I'm at a loss here - how can I be held accountable for a product I didn't receive? Please advise....

Thanks!

[aaron]

If all else fails, there's always small claims court.

[needofhelp]

I decided to write them a certified letter explaining my intent to dispute the validity of their invoice as well as them owing me a refund for the deposit I made on a window and services I never received. Amazing enough - I received a phone call with the owner apologizing for the whole incident and stating that a refund check would be sent out immediately. I received my check earlier this week. I guess me threatening to take them to court worked!