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  1. #1
    Join Date
    May 2010
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    108

    Angry Company Taking Back Product After Charge Back but Causing More Damages

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

    I recently hired a company to renovate my kitchen with new cabinets and countertops. After installation, I noticed damage to the counters and had the company return to fix it. They only made the problem worse and then stopped returning my calls. With no other option, I filed a credit card chargeback against them. My bank has completed their investigation and refunded my money but has said the company can respond and possibly ask for the materials back. Removing them will cause a LOT of damage to my kitchen including the backsplash, floors, and drywall which I all just has redone. Do I have to allow them to take them back if doing so will cause more damage to my kitchen?

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
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    1,877

    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    So you want to keep the product and not pay for it? That hardly seems equitable...

  3. #3
    Join Date
    May 2010
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    108

    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    No, I don't want to have to pay for more repairs to the rest of my kitchen when it was them who damaged the counters in the first place.

  4. #4
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    Louisville, KY
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    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    I understand. I also think you're going to find yourself in court over this unless you and the company in question can come to some sort of resolution.

  5. #5
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    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    I would think it more likely, assuming they haven't issued a release of lien and haven't waited too long to do so, that they would file a lien against the real estate and initiate foreclosure proceedings if the lien is not satisfied (or otherwise litigated).

  6. #6
    Join Date
    May 2010
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    108

    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    They never filed a preliminary notice/notice of commencement and it's been over 90 days so I don't believe they can even file a lien at this point. Additionally, they did not complete the work so I don't think a lien would apply even within the time frame. Additionally, the contract did not state the provisions as required by Florida Statute 713.015.

    My question was though, is there some sort of credit card law that says I have to let them rip apart my kitchen to win the chargeback?

  7. #7
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    May 2008
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    Louisville, KY
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    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    It's not a credit card law. It's just the law. You can't NOT pay for something, and expect to keep it. (not to mention whatever work they did do) Unless it is a gift from them to you, you cannot expect that they will just say "oh well...she didn't like it...whatcha gonna do?" and walk away with their hands in their pockets. They will expect compensation.

  8. #8
    Join Date
    May 2010
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    108

    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    I spoke with my credit card company and they said that if they do decide to take them back, that any damages they cause they will be responsible for, so I just have to wait and see what they respond with.

  9. #9
    Join Date
    Sep 2005
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    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    I don't know what you imagine the credit card representative's statements mean, but if they remove cabinets and leave you with a kitchen with no cabinets, they don't have to install the replacements you eventually purchase elsewhere.

    But again, you should expect that they will be after money, not cabinetry.

  10. #10
    Join Date
    May 2010
    Posts
    108

    Default Re: Company Taking Back Product After Charge Back but Causing More Damages

    The damages they will cause when they remove them.

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