I purchased a product from a salesman and then the next day realized we could not afford it. I put a stop payment on my check, and then contacted the company via email and told them I could not afford this and would like to get the product back to them. I never heard anything back and sent another email to the company 9 days later, still to no response. I called the company and got a hold of the owner and he said they were just going to wait for the check to bounce and hit their system and go to FedChex their collection agency. I received notice from the collection agency and called the owner and told him I had sent an email informing them I could not afford and wished to return the product. He said that email does not constitute written notice as it should have stated on the receipt, which was never given to me by the salesman. He said since it is a perishable good product they can't take it back now and all this. Since, the salesman did not provide me a receipt, I made a good faith attempt to contact the company via email as listed on their website, however, the owner said it went to junk mail and they didn't get it. What is my best course of action, I am trying to settle this with the company but am not getting anywhere with them. Thanks.
1 Answer from Attorneys
Obviously, you should retain counsel to fight this with you. If you do not hire counsel, deny the claim in writing (keep copies), and request all the relevant documents, every chance you get. Make your appropriate requests for documents in writing. Keep a copy of the requests too.