I am getting sued!
 

Hey guys, I need some opinions!

So there is this company where I ordered stuff from before, and have my credit card on file. Back in December they delivered something that I did not order, and just charged my credit card without my authorization. I got in contact with them, but they were not willing to do anything about it. The insisted that somehow I ordered it, but they were not able to provide any proof.

I contacted VISA, and first thing they told me is to ship it back. I shipped it back to the address where it came from. I gave all the tracking number to VISA, and after a few weeks they completed the case and gave me my money back. The problem is when I shipped the items back, the seller did not accept the package and it was returned back to me. I had to pay for the return shipping.

At that point in time it was already April, and I already got my money back, so I just left the item in my garage. Box still not yet opened.

So 2 days ago, the seller contacted me demanding the items to be shipped back at my expense. He claimed that the items were shipped to the wrong address, and that if I don't ship it back he would being me to court. There is a long story about this, and that I did indeed shipped to the correct address.

I told him I need to be compensated for the shipping cost I had to incur, and that they need to send someone to pick up the items at their expense.

So if they don't compensate me and decide to sue me, who is right and who is wrong? They abandoned their goods for more than 5 months, does it still belong to them?

just ship it back is it really worth max $500 in shipping cots vs lawyers... I dont think so...

What's the value?


I assume Visa credited your account?


Not worth the money for them to sue


Leave it in your garage ..... they can arrange pickup


Lastly

tell them to fooook ooff

what is it? can i buy it off you? lol

It's a few thousand worth of clothing, and yes VISA credited me the money. I assumed they couldn't provide any proof for the authorization of the order. It's funny he called me the other day and insisting we make a conference call to VISA to get it sorted out. I told him to go ahead and he later changed his mind.

He kept stressing the point, that I shipped the items back to the wrong address because they moved. So I started to do some digging.

http://www.homefinder.ca/listings/15265

I actually contacted the realtor, and got some more info of this building and owner.

So the address I shipped it back to is the first floor commercial unit, which is currently used by the owner. This is the closed down location of the retail store, which was closed down in December of 2010. This is also the address that was on his email when I contacted him in December, and also the same address that was shown on the packing list when the boxes arrived.

The updated address is the 3rd floor unit, which turns out to be a 2 bedroom soon to be rented out unit, also owned by the owner.

It seems like he changed the address from the first floor to the 3rd floor unit, just as an excuse to say I shipped it to the "WRONG" address.

When I made the first shipment, I also forwarded him the shipping notification and tracking number from CanadaPost. He claimed that he had never received them as they must have went to SPAM. :ponder:

I pretty much told him to bring it on if he wants to sue me.

I think the case ends there.

1. You didn't order anything.
2. They tell you did.
3. They can't provide any proof so I'm assuming they don't even have such order in their system.
4. You shipped the package back at your expense.

Why are they still bothering you?

like fubar said, tell him to f@#k off and don't bother doing any businesses with them again.

He claims that I am holding on to his goods, and demanded that I ship it back.

I don't think you have anything to worry about Clement. He wouldn't have a leg to stand on if you can prove that you sent the items back and that you haven't opened them. I think there is something about turning the goods over for your own purpose which you did not do. You didn't sell or wear the clothes and they are still in the box. You have not converted the goods to your own use and as such there is no case ...,

Hey by the way PM me I've been trying to get ahold of you.

You have nothing to worry about. Rogers did the exact same thing to me. They shipped me an iPhone and demanded payments for it 6 months later. Basically someone or a company can't send you something randomly and expect payment for it, there was no agreement and they can't just demand payment for something you didn't request. Look into the Consumer's Protection Act...I don't remember exactly where it says but its some where in there.

I would just ignore him...

ya they got no case man just keep the stuff until they want to pay to shit it back.