Legal advise needed.

[likearock4x4]

Before our trip back in July, I needed a luggage rack so that I could carry a travel bag on the back of our sissy bar. I had a Jardine rack ordered for over a month, and time was getting short. At the time I thought that I had an F&S sissy bar (since my dealer told me that this is what he sold me). I had been asking here for some advise as to what to purchase, and was told that the Cobra 1500 luggage rack would fit on the 1600 F&S sissy bar.

So I called Competition Accessories (an on-line parts and accessories place in Ohio) and ordered the 1500 Cobra luggage rack, and paid an extra $10 to drop ship it to my house. (They said I would get it the next day if I had it drop shipped.) The following day, I called to see when I could expect the delivery. They told me that they had not put it on a drop shipment. They corrected that and told me that I would get it the next day. (Notice that they still charged me the $10.) I got the delivery the next day like they told me. I opened the cardboard box that it came in, removed the newspaper packaging and pulled the rack out from the box, and since I didn't know if it would fit the sissy bar, I left the plastic bag that it came in sealed. I placed the rack up to the sissy bar, inside the sealed plastic bag, and decided that the rack would not fit. So I packed the rack back into the original shipping container and repacked it with the same packing materials. Note: I never openned the plastic bag that the rack was packed in.

I then immediately called Competition Accessories back and ordered the rack for the 1600. I had them drop ship this rack as well since I was less than a week from the start of our trip. While I had them on the phone, I asked them what I needed to do to return the first rack and not get charged a restocking fee. They told me that I needed to include a note telling them that I wanted to be refunded for this rack and to list the order number for the replacement rack that I ordered to replace this rack. I typed up the note including everything that they wanted. Then I pulled out the newspaper packing and pulled the rack out enough to slide the note into the package. (It was too tight to just slide it in.) When I pulled it out, I noticed a black drop inside the bag, but didn't do anything about it. I was only including the note so that I didn't get charged a re-stocking charge. We shipped it back to them as they prescribed.

I got the 1600 rack the following day and installed it with no problems, and thought that I was all set.

A couple of days later, I got a call from Competition Accessories saying that there was a problem with the rack that I sent back to them. They talked to my wife, and told her that there was some black tar-like substance that I had gotten on the rack, and that they couldn't get it off. I was either at work, or in bed when they called, but either way, I was not available to talk to them. Notice that I was stressing earlier that I never opened the bag, so how could I get the tar-like substance on it? I called them back as soon as I could, and talked with one of the sales guys there (I think he was the sales manager, but am not sure). I told him that there is no way that I could have gotten anything on the rack because I never opened the bag. He said that if I had included this in the note, that things would have been different, but since I didn't, it looks like I put it in the bag. He said that he had to try to get return approval from the distributor or something like that before he could refund me. I asked to talk to his boss, and he said sure, put me on hold, and then came back a couple of minutes later and said that his boss had taken a half day off. I asked him about the extra $10 for the drop shipping that I didn't feel I should have been charged for on the first rack, and he agreed that I should get that back since they didn't get it to me in a timely manner. He told me that I would have to call back to talk to his manager, otherwise we were going to have to wait for the return autorization from the distributor.

I called back several times over the next several weeks, and got the same answer.

Finally, I called back and asked for his manager, and he said sure, and put me on hold. Just like last time, and came back just like last time and told me that he had taken a half day off--just like last time.

A couple of days later, I called back and asked if his boss had taken the day off, or if he was there. He said that he was there. THEN, I told him my name and that I needed to talk to his boss. I was put on hold for a few minutes, and then he finally picked up. I told him my side of the story and asked him why I was having to wait for my money when it was painfully obvious that I couldn't have put the tar-like substance in the bag. I got the same song and dance from him, except that he said that he was putting in for a $10 return to my credit card for the drop shipment error. (Which I still haven't seen several weeks later.) He said that he was doing it while I was on the phone with him. He told me that he didn't know what was taking the distributor so long to grant the return authorization, but that I shouldn't be more than a week away. We ended that conversation agreeing to wait a week. A week later, and I hadn't gotten a call, and I haven't seen anything saying I was getting a credit, and, guess what, no credit to the card either.

At this point I went to the credit card site and challenged the charge. (At this point I haven't seen anything from them, so I guess I need to call them and find out if they received my challenge.) A few days after that, which was about 2 weeks after my last conversation with the "boss", I got a package in the mail with a luggage rack in it. This is the same package that I mailed the rack back in. I called Competition Accessories back last Wednesday to find out about this package and left a voice mail. I still haven't heard anything back from them. I don't know if this is a replacement rack or the one they claim that I damaged, but this package was marked as if it was returned to sender.

What can I do at this point, or better yet, what should I do?

[SixFiveOh]

You've pretty much done all that you can. You've disputed the charges and now it's just a matter of waiting until the CC company reverses the charges. I assure you, the vendor will call you once that occurs.

[hot_shoe_cv]

Rather than continuing this dance with this company I would again contact your credit card company and file another protest. I have made several protest over non motorcycle charges and let my credit card company do all the communicating with the company. In every case I have received a full refund without any further action on my part. I don't know what the problem is regarding your initial protest with your credit card co. Maybe you got a new person unfamiliar with the necessary steps in dealing with the retailer.
In each case I had I never had to deal with the retailer nor did I ever have any communication with them...just a credit on my credit card statement and it was quite prompt also. These online retailers must continue to have good relations with all credit card companies...it's their life blood and they usually pay more attention to them than to you.

[anrfknm]

i would send the extra rack back with a delivery confirmation to show it was received. and do call your c/c company again.

[hot_shoe_cv]

Originally Posted by anrfknm

i would send the extra rack back with a delivery confirmation to show it was received. and do call your c/c company again.

In my opinion this would be nothing more than a needless expense to him, Without an RA number they probably would not accept the pkg. I'd just hold onto the pkg, explain to the credit card company that he received the pkg again and let the credit people deal with it. They no doubt will get an RA number from the retailer and advise him as to the disposition of the pkg in order to get a full refund.

[likearock4x4]

Thanks for the replies all, I called the credit card company this morning to confirm that they got the complaint. They acknowledged that they received it on August 29th. They told me that they would contact me if there was any questions from their side of the issue. They told me that their first request is that I try to return it, and I did that; now I'm just waiting.

Rest assured that I'll never use Comptetion Accessories again!!!

I would have figured that they would have figured this out before it got to this point. I tried to work this out before it got to me calling the credit card company and posting it here. But they would have no part in it.

[likearock4x4]

Originally Posted by anrfknm

i would send the extra rack back with a delivery confirmation to show it was received. and do call your c/c company again.

That was the way I sent it back to them to begin with. The signature stub is still on the package. If the credit card company tells me to send it back, I will, but not until then.

[likearock4x4]

Who has the burden of proof that I didn't put the tar-like substance in the bag?

[davehayward1@ya]

I'm not sure what state you're in but look up "The Office of The Attorney General" in your state . Download a complaint form. Follow the directions EXPLICITLY for the fastest action.
I suggest you "cc" the party you are complaining about.
The A.G. will light a fire under their butts
I have done this on several occasions and it has always worked
Good Luck

[SilverEagle]

Whoa, resurrection of ancient thread.

[Guitar7272]

Originally Posted by SilverEagle

Whoa, resurrection of ancient thread.

Yeah how does this happen lol...

But anywho, hey Brian, whatever happened to this? Howd it turn out?

[Tod]

It's a result of people actually using the search function. *gasp*

But sometimes they don't look at the dates. It happens.

Besides, It just gives me an excuse to post funny pics.

[1400pilot]

Originally Posted by Tod

It's a result of people actually using the search function. *gasp*

But sometimes they don't look at the dates. It happens.

Besides, It just gives me an excuse to post funny pics.

Thats because you got nothing else to do Tod!!!

[Tod]

Yeah, without a Chevy to work on, my days are wiiiide open.

[Guitar7272]

Originally Posted by Tod

Yeah, without a Chevy to work on, my days are wiiiide open.

pwnt!

[likearock4x4]

Originally Posted by Tod

Yeah, without a Chevy to work on, my days are wiiiide open.

[likearock4x4]

Originally Posted by Guitar7272

Yeah how does this happen lol...

But anywho, hey Brian, whatever happened to this? Howd it turn out?

Scott, I contacted the credit card company, and all I can do is assume that they put some pressure on CC cause I got full credit, and the mailed the old rack to me--which I still have.

Anyone with a 1500 and a Cobra sissy bar can PM me, and I have a Rack you can have if you're interested.

[Thunder Lizard]

No Chevy to work on.....pfft. I have 2 Chevy's. I don't have any I need to work on. Pfft.

[Ryguy]

Originally Posted by likearock4x4

Scott, I contacted the credit card company, and all I can do is assume that they put some pressure on CC cause I got full credit, and the mailed the old rack to me--which I still have.

Anyone with a 1500 and a Cobra sissy bar can PM me, and I have a Rack you can have if you're interested.

I wonder if that rack could be modified to fit a V2K..... I could use a rack on the back of my bike somedays.