Mattress One 100% restocking charge for merchandise never delivered Clearwater, Florida

Deplorable business practices attempting to collect on undelivered products.
Below is letter I wrote to the Florida Attorney General.

I made purchase of a mattress from Mattress One at the above address, however the delivery was more than 4 hours from the time they contacted me promising me delivery within 30 minutes. Due to obligations I had to leave thus delivery was never accomplished. I informed them since they were delinquent in their agreed delivery time that the sale is canceled.

On two separate occasions I personally went into the same retail store where I attempted the purchase informing a sales staff member that the delivery was never accomplished and I had no intentions of making a purchase from this company. The first time was with the salesman on duty and the second time I spoke with the salesman that wrote up the sale, both times clearly expressing that delivery was not made and I did not want the mattress. This matter should have been made 100% clear to both salesmen and the management at Mattress One.

Since October I have been sent numerous bills from re-Novate credit card company demanding payment. When I attempted to verbally relay the sale was never completed due to a lack of delivery one of their representative made the statement that I had a legal contract for the sale thus MUST pay the bill in it's entirety. Obviously they are bluffing since the vendor had never completed their portion of the contract by defaulting in their delivery services. In the past weeks I have written letters to re-Novate three times with the last letter sent directly to a re-Novate customer via facsimile. Within several days of the facsimile she phoned me to say the sale was cancelled but there was a restocking fee of $705.13 which happens to be the exact amount of the original sales agreement. A 100% restocking charge? Is this legal? I would think not. I am in the process of mailing by registered mail a fourth letter along with a Mattress One employee voided copy of the
sales agreement.

Mattress One does not appear to be interested in settling this issue and by their ridicules restocking
fee appears to be in league with re-Novate in attempting to strong arm me into paying for something that was never delivered. At best I would rate their business practices "deplorable".

I would appreciate you setting these heartless people straight and not let them continue to harass and
pressure me as they have been doing for the last five months. This affair has been extremely stressful to both me and my wife as I am retired with a limited income and she working at minimum wage. Thank you.

PS I have full documentation of all my correspondence with their replies.