Help needed with refund from Sellmytimesharenow.com

[Chuck S]

So, if I post online that I'll sell a specific car to you, you pay, and I deliver a different car.....that's not fraud? I'm not dissatisfied, I was told I could sell it somewhere else for a higher price and get my money back. I was told they were so confident that they could sell it, that if I did sell it, that my money would be refunded. When I got the offer, they said I had to wait till I got a proof of sale, only then did they say...,nope, it wasn't at that price 90 days ago. (I didn't even list it 90 days ago).

See that may be the problem. You have to give them a reasonable amount of time to perform before you can claim "they didn't sell it." Otherwise, you could list it, sell it a week later through someone else, and demand out of the contract. This is likely how they get a court to side with them, as 90 days is a reasonable amount of time to give them to perform the service, and they in essence "promised" it to you in 90 days, and you agreed.

Now, that said, there also has to be a "meeting of the minds" for a contract to be enforceable. You can claim you misunderstood, and since it was they who drew up the contract, a court may side with you even though you clicked agree. Especially if it is basically unreadable.

So the only way to know would be to contact an attorney and get their take on the situation. Contract attorneys generally have a good feel about whether a court will rule for or against you once they look at your case. But, was the amount substantial enough to be worth the time and energy to try to recover?

That is my best Judge Judy advice....LOL

 

[Annielkd22222]

Thank you all for your advice. I did contact the credit card company and I'm disputing them not giving me the refund according to their terms of use. I also wrote up something at the better business bureau....and I have a letter going to the attorney general. I'm hoping that the posted terms of use online clearly support my claim that they misled me and I acted in good faith. By the way, I still haven't had an offer from them and it's been almost 90 days.

 

[Annielkd22222]

See that may be the problem. You have to give them a reasonable amount of time to perform before you can claim "they didn't sell it." Otherwise, you could list it, sell it a week later through someone else, and demand out of the contract. This is likely how they get a court to side with them, as 90 days is a reasonable amount of time to give them to perform the service, and they in essence "promised" it to you in 90 days, and you agreed.

Now, that said, their also has to be a "meeting of the minds" for a contract to be enforceable. You can claim you misunderstood, and since it was they who drew up the contract, a court may side with you even though you clicked agree. Especially if it is basically unreadable.

So the only way to know would be to contact an attorney and get their take on the situation. Contract attorneys generally have a good feel about whether a court will rule for or against you once they look at your case. But, was the amount substantial enough to be worth the time and energy to try to recover?

That is my best Judge Judy advice....LOL

I actually asked about that. They said that their listings have a higher traffic rate, and that they would sell it before any of the competition. They were "confident" they could and would sell it first. They said if anyone did an internet search, theirs come up first and their way of listing was more popular. They said I could list right away with someone else. As long as I didn't sell it for less, that was fine.

 

[Dean]

You have nothing to lose and everything to gain by disputing this through your credit card company.

I'm saying this because I've read your other threads about this company and everything you have gone through with them misleading you. You have a strong case against them.

Be sure to show the credit card company their history at the BBB, along with all the ways they have mislead you.

I strongly believe you will win this case by going through your credit card company … but don't wait too long … there are time limitations.

Maybe but likely nothing to gain either in all likelihood. In reality they can lose time, work and emotion and in the end will likely lose. The company is used to doing this and all they have to do to satisfy the CC company is to show that you signed. The CC company is not going to spend time and money investigating this. Once they do so the CC company will charge it back. In reality the broker is likely in the right technically.

 

[Annielkd22222]

Is there any way you can get another look at what you signed by going back to their site? You say you couldn't download it, but can you select it on the webpage, then copy and paste it into your own document? If that doesn't work, can you get a screen capture?

There is no way to access this contract, they gave a password to get to it, and I tried about two months ago to read it over, and the password no longer worked. They could completely change it, and I would have no way of knowing. I asked about viewing the contract, but they didn't respond.

 

[Dean]

I actually asked about that. They said that their listings have a higher traffic rate, and that they would sell it before any of the competition. They were "confident" they could and would sell it first. They said if anyone did an internet search, theirs come up first and their way of listing was more popular. They said I could list right away with someone else. As long as I didn't sell it for less, that was fine.

All that's applicable is what you signed, the rest is of no meaning.

 

[twinsouvenirs]

Maybe but likely nothing to gain either in all likelihood. In reality they can lose time, work and emotion and in the end will likely lose. The company is used to doing this and all they have to do to satisfy the CC company is to show that you signed. The CC company is not going to spend time and money investigating this. Once they do so the CC company will charge it back. In reality the broker is likely in the right technically.

I disputed a payment once with my bank card based on oral representations made by a company rep and they found in my favor. This was a VERY large telecommunications company. The charge in question was about $350.

Sometime the little guy wins!

 

[disneynutz]

Yes, I was an idiot....and didn't do enough research first.

How much money are you talking about, that can make a big difference on how you proceed.

Bill

 

[Annielkd22222]

How much money are you talking about, that can make a big difference on how you proceed.

Bill

It's 800.00. And, I have a e-mail last week saying that the contract just need to sell at a higher price than listed from the customer care representative....and that was just last week!

 

[disneynutz]

It's 800.00. And, I have a e-mail last week saying that the contract just need to sell at a higher price than listed from the customer care representative....and that was just last week!

If they won't refund, you can try the CC company. Not to be unsympathetic but $800 isn't a major crime for officials to even look at and pursuing the issue legally will cost you more than the $800.

We filed a CC claim once and they came back and said that the company disagreed with the claim and we were out of luck.

This might end up as a hard lesson learned. Good luck.

Bill

 

[Annielkd22222]

I had a lawyer from the company contact me saying they were giving me a refund. Hopefully this will be the end of this saga! Thank you all for your help! Maybe others will have better luck!

 

[LorieDisneyLover]

I had a lawyer from the company contact me saying they were giving me a refund. Hopefully this will be the end of this saga! Thank you all for your help! Maybe others will have better luck!

Good to hear … keep us posted on when you receive the refund.

 

[davedmaine]

So, if I post online that I'll sell a specific car to you, you pay, and I deliver a different car.....that's not fraud? I'm not dissatisfied, I was told I could sell it somewhere else for a higher price and get my money back. I was told they were so confident that they could sell it, that if I did sell it, that my money would be refunded. When I got the offer, they said I had to wait till I got a proof of sale, only then did they say...,nope, it wasn't at that price 90 days ago. (I didn't even list it 90 days ago).

This one doesn't pass the common sense test. What gets me is that you dropped the price. If the price was the same, obviously, a refund would be due. As soon as you dropped it, there went your refund.

 

[Dean]

I had a lawyer from the company contact me saying they were giving me a refund. Hopefully this will be the end of this saga! Thank you all for your help! Maybe others will have better luck!

Let us know if you get it please.