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Dispute Question

New Member

Dispute Question

Hello everyone!

 

I hope everyone is having a great day!

 

I have a question regarding a credit card purchase that I made in person at a brick and mortar store.  The items were faulty and did not work properly.  I contacted c/s, explained the details and opened up a dispute. C/s suggested that I hold the merchandise for 90 days from the date of opening the dispute, which I did, and never heard anything so I discarded the merchandise per their instruction.  After 24 days the dispute was ruled in my favor.  The store never bothered to contact c/c regarding the dispute.  It's been 1 year since I opened the dispute and 13 months since the purchase was made, I received an invoice in a regular mail envelope, with nothing else. 

 

Anything to worry about here in regards to the store trying to take me to collections and it appearing on my credit reports?  I did not sign any credit papers or contracts, just a straight brick and mortar purchase.

 

Thank you for bearing with me and this wall of text.  Sorry if this is in the wrong place.

 

15 REPLIES
Established Contributor

Re: Amex Dispute Question

Mortar takes a few days to dry, are you sure you gave it enough time?
Super Contributor

Re: Amex Dispute Question

I think you will be fine.

Im more concerned with the constant brick and mortar reference lol. I think its ok to say in store, even Amazon has to come from somewhereSmiley Wink
Established Member

Re: Amex Dispute Question

I wouldn't just let it go without finding out more information about this. The fact that an invoice was issued means that somewhere some party considers you to have owed them something. Even if there's little evidence to support their claims, the system is sufficiently tilted in creditors' favor that they can send phantom debts to collections and really screw up your credit report. Best thing to do may be to aggressively nip it in the bud and at least send a certified or registered letter disputing the validity of the invoice. 

Valued Contributor

Re: Amex Dispute Question

That is an interesting situation. Realistically, you may still owe for the merchandise, Since you did not return it. Just because the dispute went in your favor, does not mean that you’re entitled to free goods or services. I would be very careful with this, unless in a court of law you were told that you did not have to pay, which has not happened.
Chasex3/PenFedx3/NFCUx2/BofA/BMO/AMEX x5(4 revolvers +Platinum)/CapOnex2/DCU/Blispay/Cabelas/BBVA/Fifth Third/Banco de Brazil/BB&T/HSBC/Atira/Commerce Bank/State Farm Visa........I have them all. Except Barclays. They suck. And Sync. They suck worse! And Citi,, because I Have 9,000 Inq.
In the 520-530 range in 12/2015.... Currently EQ747/TU758/EX744
NFCU & PenFed are my best friends!!

In 3/2016 I had a $1800 fully secured CapOne QS. And that was it.. Current CL $247,000 (plus my auto and RV loans)
New Member

Re: Amex Dispute Question

@AJC, I agree with you, it should be ok, but it's always good to make sure.  I guess I'm just used to saying brick & mortar, haha! Time to progress with the times!

 

@SBR249 I may do that if I get anything else from them. Just thought it was weird.  Don't know if contacting AMEX may yield any new data?

 

 

Valued Contributor

Re: Amex Dispute Question

I should also add, that in a previous business that I owned I had 2 situations like this. I don’t know if the card issuer told the customer to return the merchandise or not, but in both cases I send them to collections. One customer paid me, the other one went to court and I got a default judgment. I never collected on the judgment. But, we are talking an item worth between two and $3000, so it was a fair chunk of change for me to pursue.
Chasex3/PenFedx3/NFCUx2/BofA/BMO/AMEX x5(4 revolvers +Platinum)/CapOnex2/DCU/Blispay/Cabelas/BBVA/Fifth Third/Banco de Brazil/BB&T/HSBC/Atira/Commerce Bank/State Farm Visa........I have them all. Except Barclays. They suck. And Sync. They suck worse! And Citi,, because I Have 9,000 Inq.
In the 520-530 range in 12/2015.... Currently EQ747/TU758/EX744
NFCU & PenFed are my best friends!!

In 3/2016 I had a $1800 fully secured CapOne QS. And that was it.. Current CL $247,000 (plus my auto and RV loans)
New Member

Re: Amex Dispute Question

@Fltireguy I was told by Amex when I opened the dispute to keep the merchandise for 90 days from that date, I did.   When the dispute was ruled in my favor, Amex stated that they did not hear back from the merchant regarding the dispute or the merchandise.  I waited 90 days and contacted Amex c/s again, they said ok to toss.

New Member

Re: Amex Dispute Question

@fltireguy, thank you for the additional info! 

Established Member

Re: Amex Dispute Question

This may depend on the merchant's contract with their payment processor. While IANAL, I would imagine that the original transaction was a contract in which the merchant agreed to accept the credit card as payment for goods and services. As such as long as the customer's credit card is valid and the transaction was authorized and approved by the CC issuer, the customer should be considered to have fulfilled his/her obligations under the contract for payment. 

 

Disputes which arise later would likely be covered under merchant agreements in which the vendor agrees to accept the decision of AmEx as final and which bars the merchant from attempting to invoice the customer by other means. Such language may be standard for merchants as part of the conditions they must agree to in order to be able to accept credit cards in the first place. 

 

In any case, credit cards and the protections they offer would be pretty meaningless if merchants aren't contractually prohibited from recovering their losses via some other means after losing a dispute. In addition to directly disputing the invoice with the vendor, I would contact AmEx and make them aware of this. If this does progress then it would be in AmEx's interest as well to intervene. 

 

Edit: there is always the caveat that you should attempt to resolve any disputes with the merchant first and follow any refund/return policies that you agreed to when you made the purchase. Those would constitute part of the original contract that you agreed to when you conducted the transaction and would still be enforceable.