I Got to a Settlement With Train Dealer

[Anonymous]

I guess I am not willing to make that big a deal out of it. Just being able to let you people know in what I feel a prudent way should get the message out to the store that they need to change their policy's. Dave.

[3railguy]

QUOTE: Without going through a big to do about it I felt this was the best way out. They do say in their ads that they charge a 25% restocking fee and my lawyer said as long as they are up front about it there is not much you can do.

They were up front about restocking fees but made a mistake by sending you the wrong engine. The restocking fee or no refund policies do not apply when they make a mistake. By law, it is fraud if they cannot deliver what you ordered despite what your lawyer says.

[eZAK]

For what it's worth there are several stores, hobby and other, in the Chicago area that have signs and/or policies that state;

"NO refunds, Store credit only. Unless paid with credit card."

[Anonymous]

Had you gotten what you ordered, then this 25% restock fee would have validity.

The fact that they told you they had the engine, yet sent you the WRONG one, claiming they now DIDN'T have what you wanted, -- changes the whole deal.

If you got what you wanted, but decided to change your mind about it, then the 25% fee would certainly apply.

The fact that they decived you & got your money under false pretences, should legally strip them of their rights to a restocking fee. I didn't even have to go to law-school to know that. It's common sence.

At any rate, I'm glad your satisfied with the outcome. After all, that's what counts....

[Anonymous]

Without going through a big to do about it I felt this was the best way out. They do say in their ads that they charge a 25% restocking fee and my lawyer said as long as they are up front about it there is not much you can do.
I would rather get the full credit and I have a receipt to prove it, I will wait for something in Lionel that I want and then use it. 25% of 280.00 is 70 dollars I would have lost just to get cash.
If you still do not know who this is email me and I will tell you. [e-mail]

[mcattardo]

Glad to hear it was resolved. This issue makes me wonder about something. I know local stores in can set whatever return policy they want, as long as it's posted someplace. If you live in another state that has different laws, which state law would apply for mail ordering?
I usually buy local for all my hobbies. I mail order when needed. Situations like this make me hesitate more about mail ordering.

[Anonymous]

I'm glad you're happy with the outcome.
No offence or dis-respect intended (we're all on your side after all), but I think you "sold-out" on this issue.
You had them dead to rights, and had the ability to cancel payment with credit card Co., which is what you should have done.

Getting store credit isn't much different than letting them get away with it.

What's to become of the engine you wanted, and paid for? That money should have gotten you what ou wanted, but instead it's gonna be thrown away on something you'll settle for.

They have no legal right to withhold a total refund, and make you accept a credit......

[3railguy]

They sent you the wrong engine and they don't have the one you ordered? Now they say they can only give you store credit and won't refund you your money? I would hope they have something you want. It's your buisiness to accept this. By law, you do not have to. At first they made a mistake. If you asked for a refund and the will only give you credit, they have commited mail order fraud. I would report it to your credit card company and the BBB. If they advertise in any model train magazines, I would report the name of the store to the train magazines.

[tschmidt]

Dave,

As long as you were able to work out a deal that was acceptable for you is all that matters. Use your credit for something you will enjoy and it will make a bad situation a little better. I will be careful if I ever decide to use that dealer.

Good luck with future deals.
Tom

[Anonymous]

When stuff like this happens, I think there's nothing wrong with naming the dealer involved. Why not let us know so we can be cautious about this dealer?

[Anonymous]

Totally unacceptable. I personally would ahve considered the court system

[willpick]

At least you came out of this situation on even terms. Buy what you can with the credit, and find a better place to spend your money .

[jonadel]

Dave,

I think that's a good deal for you, way to go. Spend the money and never darken their door again, sorry it had to take so long, that's just not right.

Jon

[Anonymous]

I was finally able to get a full credit for the HO challenger I received wrong from a dealer. They could not refund my money but gave me a full credit including both postages for anything in the store.
Maybe I am too easy but I took it and it settled the battle. Now when I spend the credit I am writing them off my list.
Dave.