My Check Made Out To Store, But Store Credit / Refund Given To Contractor, Not Me

[texan_hunny]

My question involves a consumer law issue in the State of: Texas



I recently gave a contractor checks made out to a medium-sized home repair chain store in the South that totalled about $6000. He bought the materials and then returned them without my knowledge or consent and received a store credit in his name. Now that I have discovered this theft, the store is refusing to give me store scredit or a refund. They say that once the checks from my account, signed by me were accepted by the store "they just became money" and were put in his account. How can this be legal? It sounds like a conspiracy to commit fraud between the contractor and the store chain.

This chain has stores in about 7 states , so there must be hundreds or thousands of victims just like me. It sounds like a class-action suit made in heaven.

Part 2: If I want to warn other consumers, is it alright to identify the store by name, or to say something like this :it has a green and yellow logo and the name rhymes with Oh boy's

[525601minutes]

The person who returned the merchandise was given store credit for the items they returned. How is the store supposed to know who 'owns' the product? The problem is between you and your contractor - not the store.

Have you asked the contractor to have the store credits transferred into your name (if necessary for their use) or to pay you the cash value for the refund? If not - why not?

[Betty3]

Agree, you are going to have to go after the contractor here for your money.

[texan_hunny]

Because when the merchandise was bought with my check they created an account in his name. that's when they screwed up, in my opinion. They should have created an account in my name or not accepted a third party check.

[texan_hunny]

If the check had bounced, who would have been responsible? Not the contractor, that's for sure!

[texan_hunny]

Also, if what you say is true, what's to protect people from being ripped off all the time? In my situation, the store has its mdse back, and the store manager and contractor have $6000 to split between them. It pays a lot better than my job!

[525601minutes]

In my situation, the store has its mdse back, and the store manager and contractor have $6000 to split between them.

And what proof do you have of this?

[texan_hunny]

the store manager, and asst. manager told me he returned everything. Now, he has disappeared and the store manager is acting like he's never met me before, doesn't know what the problem is, doesn't know how to contact the corporate office or his own supervisor, etc.

[texan_hunny]

Let's say i order $6000 ring at a jewelry store online, and the UPS guy delivers it. If the UPS guy takes it back to the store, they're not going to put a $6000 store credit in his name or give him a cash refund. He is just the delivery guy, who never owned the merchandise, and can't prove that he did.

We are talking a small town here, folks, where the contractor is on a first-name basis with every employee in that store. I've been there with him. It could be another employee who took my check and set up the account in the contractor's name without the manager knowing at the time.

[Mr. Knowitall]

Yet, even though everybody knows everybody, you still chose this guy as your contractor? The store isn't responsible for your bad choice of contractor. The store isn't responsible to figure out your business relationship with your contractor. You can complain that it's unfair all day long, or for the rest of your life if you wish, but complaining won't improve your situation.

Sue your contractor. If it's possible to get a cash refund from the contractor's account, and the contractor doesn't pay your judgment, ask the court to issue an order garnishing the account.