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Special Rule for Credit Card Purchases? (Dispute with Walmart over defective merchandise)

BayHouse Credit Forum: 10/1999 to 01/2001: Credit Reporting, FICO Credit Scoring, Disputes, Collections, Charge-offs, Bankruptcy, CCCS: CATEGORY: Credit Disputes - Bankruptcy - Establish new credit: Special Rule for Credit Card Purchases? (Dispute with Walmart over defective merchandise)
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Jack Harmon

Monday, January 17, 2000 - 05:18 am Click here to edit this post
Please answer the following question about the Special Rule for Credit Card Purshases:

I purchased a product from Walmart that turned out to be someone elses return that was broken. Walmart refused to take it back so I filed a written dispute under the Special Rule for Credit Card Purchases with Captial One.

Capital one told me the got not response from Walmart, therefore I am responsible for paying the disputed amount.

I thought Capital One has the power to credit back the disputed amount to Walmart under the rule.

Could someone please clarify my rights under the rule?

Thank you.

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Christine Baker

Monday, January 17, 2000 - 03:51 pm Click here to edit this post
I'm VERY surprised about Walmart's refusal to take back the item.

I really don't know for sure about your legal rights, but I would *think* you should get a credit. It's totally ridiculous that Walmart fails to respond, and subsequently they win.

You might want to send your complaint to Capital One's licensing agency.

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rcb

Wednesday, January 19, 2000 - 09:10 am Click here to edit this post
Christine is correct. Wal-Mart's default should result in a credit to YOU and a debit to Wal-Mart. THEN, Wal-Mart MIGHT respond to Capital One.

Sounds to me like Capital One is being lazy, thinks that you're simply going to pay and forget about it, and they'll have saved time and money by not having to investigate it.

Had a similar situation. Ordered a book via bigwords.com. Book arrived - wrong textbook (even ordered it by the ISBN number). Anyways, went back to the site and, low and behold, there wasn't a single address, name or phone number on the site. We couldn't return the book! There was no reply to about six email messages. We then disputed the charge with the credit card company and, when bigwords didn't responsd to them, they debited them and closed the investigation, giving us our credit. Done deal.

We still have the stupid (unwanted) textbook.

Funny side note: I wrote a letter to the credit card company stating that bigwords never responded to our email and that they didn't list a name, phone number, address or any means of contact other than the email address. I received a letter from the credit card company about two weeks later requesting copies of all kinds of proof of things that were simply IMPOSSIBLE to have WITHOUT previously having contact with bigwords (which was the basis for our claim to begin with!).

One phone call convinced them that their request was stupid, considering the situation. :)


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