After the scam- how best to recover?

[gdmaddog]

If we're here, chances are we've had someone pull something. Either a simple "omission" in the item's condition, or a full-blown bait-and-switch.

I my self am currently dealing with a firm who's practices have me in a bind: Charging FIRST, *then* checking inventory, never telling the customer an item is out of stock, deliberately confusing or complex cancellation policies, denying anyone is available to handle the cancellation/refund... and after reading the "Very Dissatisfied" replies, holding off a refund for as long as 2 months!

In the end, it has me baffled, not only as to how a business making these kinds of decisions can remain in operation without federal or state fraud charges, but how I can protect myself as I take the steps to get my money back!

At this stage, no record of my request for cancellation exists, save for the email I have received. No promise of a refund has been made either, not just when, but no promise of the refund whatsoever. And of course, no contact information directly leading to someone who handles the finances is available on the etronics website...

So at this stage, I have to ask- what specific steps should I be taking to ensure my money is returned? At what point should I be calling the fraud department of my bank? (I used a debit card) What is the point at which I should be filing a police report should they refuse to refund or acknowledge my cancellation?

My thanks for your answers.

[Peter Cornstalk]

Unless their policy says they charge your card up front, they shouldn't charge it until the day the item is shipped. That is against the card bank rules to do that and is grounds for a charge back in itself.

If they charged it and they told you it was out of stock, I would be calling the bank immediately.

The proof that they didn't ship is not your problem, they have to prove they did ship it. They have to prove they didn't charge your card until it was shipped and they have to prove you received the goods.

When you call your bank, you just make it simple and tell them you were charged for goods that you never received.

[frostbitetwice]

When obtaining a merchant's account it clearly states, in the agreement, that the seller can not charge the account holder until the items are shipped.This is a required term for every merchant's account with Visa, Master Card and American Express.

[Peter Cornstalk]

Unless you designate it as a special order that must be paid for up front. This is the same as a 100% deposit. But if the merchant does not have that in their terms or the product is not designated as so, they are in violation.