Should I dispute this charge?

[Raiden256]

Hey folks... needing a little advice.

Recently had a contractor build a fence for me. The way it worked, he gave me a materials list, and I ordered the lumber from Lowe's and the fence pickets from a local fence company. Ordered 681 pickets at $1.40 each, for a total of ~$980 over the telephone with no problem.

Turns out, this was way overestimating the number of pickets needed, and we had 103 of them left over at the end of the project. So yesterday I put them in a truck and took them back to the company. The nice lady at the front desk, and then her manager, told me that they do not accept returns, and pointed to the sign on the desk.

I politely explained to them that since I had ordered on the phone, I had not been able to see the sign, and that no one had mentioned this policy when I placed the order. Neither was this mentioned on the receipt they left me when they dropped off the order. I explained that I certainly don't need 103 fence pickets, and that they were in exactly the same shape as when I purchased them, so there should be no problem re-selling them, etc. The manager said there was nothing he could do for me.

So, I'm wondering if I should attempt to dispute the charge with MBNA, whose Mastercard I have had for 10+years with a perfect payment history. Is this something they can help with?

PS: I have no recourse with the contractor, as we had a falling out after the project, and any further dealings with him would not be worth the $150 that successful resolution of this issue would gain me.

Thoughts?

 

[Garet Jax]

I would pose this question to the credit card company, but my take is that you would lose the dispute. They allow you to dispute the charge if you don't get the item or if you didn't authorize the charge. Neither is the case here.

To get proper resolution, you would need to take them to small claims court.

This may or may not be worth it....

PS - I have only disputed one charge and it was because the company accidently charged me twice so I may not be the best person to ask.

 

[FoBoT]

i would dispute it, doesn't cost you anything but a sheet of paper, envelope and a stamp, and five minutes to write the letter

do it NOW!

sounds like a scam between the fence company and the contractor

 

[PanzerIV]

I would dispute it as well. Write or contact the district manager....if still no luck go to corporate. Hopefully you won't have to go to small claims court but it's always an option! You can state just as you have that there was NO mention of their return policy when ordering via phone.

Maybe if all else fails you can sell them on Ebay. LOL

 

[hjo3]

Fact: You bought more stuff than you needed from a business with a "no refunds" policy.
I suggest trying to resell the lumber yourself. Try the classifieds.

 

[notfred]

Stand outside the fence company with your pickets for sale for $1.25 each.

 

[AgentBehemoth]

I don't see a cc dispute here since the co. gave you exactly what you asked for and paid for, that's a business deal and it's finished. What you are now asking is for the co. to be nice and help you out with a mistake you made in the no. of pieces ordered and there is nothing that says they have to, even if you sue them.
If you just spoke to the 'nice lady' and the manager I would try to find out who the owner is and write a nice polite letter to him and ask if he'll be willing to bend his policy a little since it was the contractor that you hired that estimated the overage.

and before you hire the next contractor pull out a ruler and see if he knows how to read it.

Good luck.

 

[Tom]

It won't hurt to ask your credit card company to "negotiate" the return of the unneeded fence posts.

 

[kermalou]

Originally posted by: notfred
Stand outside the fence company with your pickets for sale for $1.25 each.

you should picket the picket company

 

[Yax]

This is America, dispute it.

Have you called the store's general manager? Do so first. You can dispute the charges when the bill from your cc comes in. You must do it in writing. They'll investigate. and if the cc doesn't get back to you ontime, they'll have to eat the charges. Good luck.

 

[DaveSimmons]

What AgentBehemoth said. It was your mistake to buy too much, and your mistake to not ask what their return policy was. Many stores operate on an "all sales are final" basis so it's up to you to either know this or buy the right amount.

Asking politely for an exception to their rules (like AgentBehemoth said) is the right thing to do. Small claims court or pleading ignorance to your CC company is not.

 

[DrPizza]

Wow, that contractor sucked if he over-estimated by about 20%!

But... you have 103 pickets that the store won't take back?
Solution: Get 102 of your closest friends (or have one of those things where you invite total strangers on the internet to some gathering), and start picketing in front of the store... you've already got the pickets
(sorry, couldn't resist)

 

[wyvrn]

FACT: They did not tell him this on the phone, and it is not printed on any materials he received from the company.

If the company is willing to do telephone sales, then they must state their policy to the customer over the phone or at least on all correspondence with the customer. I would think he could win his small claims case.

Originally posted by: hjo3
Fact: You bought more stuff than you needed from a business with a "no refunds" policy.
I suggest trying to resell the lumber yourself. Try the classifieds.

 

[KingNothing]

I'm surprised Lowe's won't take it back. I bought some paint cans from them, dropped one of them and left a big dent in it, and they still took it back.

 

[Vic]

You cannot dispute the charge with your CC provider. The vendor provided you the product as ordered. That your order was inaccurate is not their fault. Sell the fence posts on your own.


edit: read before you post, people... he bought the lumber from Lowe's and the fence posts from a local company.

 

[Looney]

How the hell are you going to argue this with the creditcard company? As Vic has said, the store did exactly what you wanted, it was your fault for not finding out their return policy.

 

[amnesiac]

Originally posted by: KingNothing
I'm surprised Lowe's won't take it back. I bought some paint cans from them, dropped one of them and left a big dent in it, and they still took it back.

Reading comprehension, sir.

He was returning them to the local fence company, not Lowe's. Lowe's is where he bought the lumber.

 

[emmpee]

retail businesses are under no obligation to accept returns. there is no 'implied' return policy.

edit: actually, this may vary by state...

 

[Adul]

you bought more then you need. Sell it to someone who can use it.

 

[BooGiMaN]

Originally posted by: notfred
Stand outside the fence company with your pickets for sale for $1.25 each.

i think this is your best solution

 

[Kevin]

The return policy is supposed to be on the receipt though. Take it to the People's Court, I've seen stuff like this on there, most was 50:50...

 

[flot]

Hmm I say call the CC company and ask them. I believe you CAN dispute a certain % of the sale, which is what you should do. Dispute the last $150 worth.

I think it's reasonable that since you called them on the phone, and no where were you informed that they don't accept returns, they should take them back.

Now obviously if this is some tiny tiny mom and pop operation, they may be in no better position to eat the $100 than you are.

BUT if you did try to reason with them, and explain that you didn't know the policy, you *couldn't* have known the policy, etc, they should have at least cut you a deal - at the very least they could have bought them back from you at 75% of what you paid or something like that.

Or, yes, stand outside and sell them to anyone who walks by.

 

[GagHalfrunt]

Don't be a crybaby, the place where you bought the pickets did nothing wrong. You placed the order, you got what you ordered, your ignorance is not their fault or their problem. You will assuredly lose the dispute, but cost an honest business money for answering it. Your problem is with the contractor, if you choose not to pursue him for the error that's your right, but attempting to pass the buck so that somebody else has to accept the blame is just pathetic.

 

[Turkish]

sue Lowe's... they are rich, you can get rich too

 

[DaveSimmons]

> had ordered on the phone, I had not been able to see the sign, and that no one had mentioned this policy when I placed the order

> FACT: They did not tell him this on the phone, and it is not printed on any materials he received from the company.

I can't recall ever being told a company or store's return policy over the phone or in person without me asking them to tell me. It's true that many receipts now include fine print for cases like this, but for a small store they have probably not been lawyered enough yet to do this.

How many people saying to dispute or go to small claims will still be posting "here here!" (sic) in threads ranting about the decline of personal responsibility?