• Report: #1005566

Complaint Review: Wipe New

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  • Submitted: Tue, January 29, 2013
  • Updated: Sun, March 03, 2013

  • Reported By: Teddy — Wichita Kansas United States of America
Wipe New
945 Seahawk Circle Virginia Beach, Virginia United States of America

Wipe New Wipe New Avanto Crop. Fraudulent Credit Card Overcharges Virginia Beach, Virginia

*Consumer Comment: Result?

*Author of original report: Legal Document by Avento Corp (Wipe New)

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I phoned Wipe New to order the Wipe New detailing kit.  The person on the phone said I was entitled to a "FREE" Bonus Kit.  I asked specific questions about charges and what products I would receive and the total that would be charged to my credit card. 

A:  Wipe New (2 kits shipped separately)     19.99
      Actual charges -  - - - - - - - - - - - - - - - -  39.98

B: Detail Kit                                                      9.99
     Not ordered

C: Processing and Handling                            31.96
     (told by the phone agent it would be 7.99 for each order)

Total                                                                81.93


The entire transaction was fraudulent as the Processing and Handling fees are not as represented.
I have filled a dispute with Visa and contacted the Sedgwick County Kansas Small Claims Court for information a small claims suit.  If I don't receive full restitution including Processing & Handling through Visa I will proceed with small claims knowing that all I will get a default judgement without restitution.  I will forward this judgement to the Federal Trade Commission to stop fraudulent advertising by Wipe New. 


This report was posted on Ripoff Report on 01/29/2013 01:43 PM and is a permanent record located here: http://www.ripoffreport.com/r/Wipe-New/Virginia-Beach-Virginia-23452/Wipe-New-Wipe-New-Avanto-Crop-Fraudulent-Credit-Card-Overcharges-Virginia-Beach-Virginia-1005566. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Result?

AUTHOR: JimR - ()

What was the outcome of this? If you filed, did you get a default judgement. Did you get awarded your filing fee?

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#2 Author of original report

Legal Document by Avento Corp (Wipe New)

AUTHOR: Teddy - (USA)

I did receive a full refund from Visa but on February 27th. that credit to my account was reversed.  The Avento Corp. is claiming that they did not receive the returned product.  In reality, they DO NOT have this product as I returned it as instructed by USPS Priority Mail with signature conformation.  Two weeks after shipping both boxes of product and the detail kit that I DID NOT order, the parcel was returned by the post office as no one either signed or possibly refused to sign for the shipment.

In an 8 page document provided to Visa, they are claiming that there are no legal alternatives as there is an arbitration clause in place and by using their website this would restrict any legal action on my part.  There is one fine line they have not addressed, it is called called Disclosure.  I didn't use the website and by ordering from Avento without disclosure of their Terms of Use, I am not bound by any arbitration agreement between Avento and the State of Virginia. 

This is only a matter of $81.93.  I have filed with the Small Claims Court of Sedgwick County Kansas an intent to pursue actions for relief from the court.  I was told that I would be required to serve intent to Avento Corp but this could be done directly to their registered trade name, registration address etc.  They will be required under Kansas law to make appearance without the aid of counsel before the Sedgwick County Court.  Should they not appear I will win by default and Visa will be required under Kansas Law to return the monies to my account.  The cost of filing the complaint is $60.00 but under the circumstances is well worth putting these crooks through a court appearance.  I can only net $21.93 but also well worth my effort and time spent.  Again, the issue is Due Process. 

The Federal Trade Commission will hear complaints regarding fraudulent credit card charges or credit card charges that were misrepresented using any public utility (in this case the telephone).  After the Small Claims issue is resolved, I have every intent to file a complaint with the FTC.  Hopefully, Avento will refrain from their fraudulent, deceptive and unfair business practices.
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