Originally posted by: dullard
Originally posted by: CycloWizard
The washer was delivered to my home the following Monday (March 8) at 6:30 p.m. according to our agreement with Sears.
Do NOT include that sentence in your letter.
I repeat, do NOT include that sentence in your letter.
See the Fair Credit Billing Act.
The following are examples of billing errors under the FCBA:
Charges not actually made by the consumer
Charges in the wrong amount
Charges for goods not received by the consumer
Charges for goods not delivered as agreed
Charges for goods that were damaged on delivery
Failures to properly reflect payments or credits to an account
Calculation errors
Charges that the consumer wants clarified or requests proof of
Statements mailed to the wrong address
Read through it. There is only one item that will let you get your money back. The calculations were done correctly. The charges were made by you. Etc. I bolded the most powerful law you have against Sears. If you prove that it was not delivered as agreed, you get your money back. Plain and simple. And the law is very lenient on your side for the one I bolded. That is, unless you write in your letter to Sears that it was "delivered...according to our agreement". You would basically destroy your whole case in one sentence.
In fact, your whole letter should be that it was NOT delivered as agreed. Your agreement was for an installed washer and drier with stacking kit on Mar 8. You did not get an installed washer and drier with stacking kit on Mar 8. Thus, it was NOT delivered as agreed.