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  1. #1
    Join Date
    Jun 2014
    Posts
    1

    Default Lawsuit After Winning Credit Card Charge Reversal

    My question involves collection proceedings in the State of: Florida
    I hired a company to install new hurricane windows and doors. The job was very poorly done, the product leaks air despite three attempts to fix, the paint job is poorly done and the outdoor tracks are not the color approved by my condo board and stated on my contract. The doors do not close completely into the jamb. The windows are also deteriorating. I told the company they needed to redo the project or return my money and they refused. I filed for a chargeback with VISA and while awaiting their decision, I hired another company to redo the entire project accepting that I might end up paying twice. VISA found in my favor and credited me back the money but now the merchant is suing me. I would like to know about other similar lawsuits and how they were resolved in the court.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lawsuit After Winning Credit Card Charge Reversal

    First, the fact you prevailed in the visa dispute is meaningless to the legal issue. They make decisions based on their rules and contracts with members and merchants.


    As as to the rest; it will depend on what you can prove, what your contract said to the matter, and your actions in regard to the contract.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Lawsuit After Winning Credit Card Charge Reversal

    I have two questions:

    I hired a company to install new hurricane windows and doors.
    What happened to the new doors and windows the contractor installed? Were they just reinstalled by your new contractor or were they disposed of?

    but now the merchant is suing me.
    What is he suing you for specifically?

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Lawsuit After Winning Credit Card Charge Reversal

    If you have documented reasonable attempts to give the original contractor the opportunity to correct the problems and sufficient time to do so, and if you can prove that the work was indeed not what you contracted for, and if you can prove that the engagement of another firm after the first firm failed to redress its breach was the only reasonable way to proceed, and if you can prove that the amount you paid the second firm was reasonable and no more than required to obtain the benefits of your original bargain with the first contractor, then you should be okay. Those are a lot of ifs. Make sure you have all the documentation to prove each of those things, and testimony from others as to the condition of the original work.

    Oh, and as was implied previously, if you did not retain any old unused materials a court may find that you had the obligation to return them and require you to pay for them. If you reused them then you may have to pay for them. How much did you pay the 2nd contractor to complete the botched work? If it cost you more, you might consider countersuing for the difference between the original contract price and what you had to pay the 2nd contractor.

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