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Can a Retailer Enforce Contract if They Say They Didn't Get the Cancellation Notice

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  • 04-17-2012, 04:40 PM
    CMED
    Can a Retailer Enforce Contract if They Say They Didn't Get the Cancellation Notice
    My question involves a consumer law issue in the State of: MD
    KIRBY GOT ME WITH THE PURCHASE OF A VACUUM ONE NIGHT. HOWEVER, WITHIN THEIR CANCELLATION POLICY, I CALLED THE SALES REP TO INFORM INTENT TO CANCEL, LEFT VM AT OFFICE TO SCHEDULE PICK-UP AND MAILED OUT CANCELLATION PAPERWORK, ALL PER INSTRUCTIONS. THEY SAID THEY DIDN'T GET THE PAPERWORK AND ARE HOLDING ME TO THE CONTRACT. MY WORD AGAINST THEIRS? HOW CAN THEY GET AWAY WITH THIS???
  • 04-17-2012, 04:45 PM
    davidmcbeth3
    Re: Can a Retailer Enforce Contract Because They Say They Didn't Get Cancellation Not
    Quote:

    Quoting CMED
    View Post
    My question involves a consumer law issue in the State of: MD
    KIRBY GOT ME WITH THE PURCHASE OF A VACUUM ONE NIGHT. HOWEVER, WITHIN THEIR CANCELLATION POLICY, I CALLED THE SALES REP TO INFORM INTENT TO CANCEL, LEFT VM AT OFFICE TO SCHEDULE PICK-UP AND MAILED OUT CANCELLATION PAPERWORK, ALL PER INSTRUCTIONS. THEY SAID THEY DIDN'T GET THE PAPERWORK AND ARE HOLDING ME TO THE CONTRACT. MY WORD AGAINST THEIRS? HOW CAN THEY GET AWAY WITH THIS???

    do you have a record of the call, telephone records etc?
  • 04-17-2012, 05:34 PM
    Who'sThatGuy
    Re: Can a Retailer Enforce Contract Because They Say They Didn't Get Cancellation Not
    Maybe because you didn't send the request registered and or certified from the USPS to prove the time and date of the delivery of your letter?
  • 04-18-2012, 08:15 AM
    CMED
    Re: Can a Retailer Enforce Contract Because They Say They Didn't Get Cancellation Not
    I agree that would have been the best way to cover myself (and I'll know better next time), but it was not a requirement of the contract.
  • 04-18-2012, 09:13 AM
    Who'sThatGuy
    Re: Can a Retailer Enforce Contract Because They Say They Didn't Get Cancellation Not
    If sending a letter certified were part of there contract, they may just not sell any vacuums at all.
  • 04-18-2012, 11:29 AM
    CMED
    Re: Can a Retailer Enforce Contract Because They Say They Didn't Get Cancellation Not
    Isn't that the truth!
    Well, they cant just screw me over, there has to be something I can do ... I'll keep looking till I find it. Thanks!
  • 04-18-2012, 11:31 AM
    Mr. Knowitall
    Re: Can a Retailer Enforce Contract Because They Say They Didn't Get Cancellation Not
    The answer isn't very satisfactory - if you cannot agree to the facts, the resolution comes through arbitration (check your contract) or litigation.
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