- Report: #329133
Report - Rebuttal - Arbitrate
Complaint Review: Bill Me Later, BillMeLater, BML
Bill Me Later, BillMeLater, BML9690 Deereco Rd., 7th Floor Timonium, Maryland U.S.A.
Bill Me Later, BillMeLater, BML trying to make me pay for furniture I never received. Timonium Maryland
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In July 2007, I orderd $575.99 worth of furniture from Gately's www.designdining.com website. I chose BillMeLater as my method of payment. I already had an acct w/them and had never had any problems. At the time the order was placed, I took advantage of the 3 months-deferred-payments plan. My furniture was supposed to arrive weeks after my order. The furniture didn't arrive when it was supposed to. I went to the furniture website and entered my order#. It said that the dining set was on backorder and that I could "click here" to PROCEED with waiting, or NOT click so that the order would self-cancel. I elected to self-cancel.
Fastforward to my first bill from BML. I shouldn't have received it, first of all. The order had been cancelled. I never RECEIVED it. At this point, I try to call Gatelys. I couldn't get a human on the phone. So then I call BML, who tells me how to file a formal complaint. The next day, with was December 17, 2008, I sent a certified letter to BML, along with the complaint form PLUS a copy of THEIR (BML) terms of service. Per #7a at https://www.securecheckout.billmelater.com/paycapture-content/fetch?hash=PD4106KD&content=bmlweb/bmlwebtnc.html, I should NOT have to pay for this UNRECEIVED merchandise. In early January, I received a written response to my complaint stating that all charges would be reversed, and they were. I thought that was the end of it. Boy, was I wrong.
I received no statements for Feb and Mar 2008 b/c there was no activity on the account. This month (April 2008), I received a statement. I thought, "Here we go again." Now here's the kicker. BML allowed Gatelys to charge my account for the charges BML REMOVED IN JANUARY! So now I'm right back where I started. So once again, I call customer service, who tells me that this is NOT a chargeback, and that Gatelys was the merchant that put the charge on the account. I was told, once again, to file a formal complaint.
Before proceeding, let me say this, as it's very important. Less than one week after I ordered the furniture, Gatelys filed bankruptcy. However, their sites were still up and running and TAKING ORDERS from consumers for at LEAST 6 weeks AFTER filing bankruptcy. When I tried to login to their site in December (when I began fighting the BML charges), it stated that it was "temporarily closed" for "updating". What a crock. The site is gone because they're bankrupt. They were also no longer listed on BML as a BML merchant. So how in the heck are they charging my acct now when they don't even have a merchant acct w/BML??????
Back to the story. On April 17, 2008, I filed my second formal complaint. In included all of the necessary information from my FIRST complaing, and also very direct questions such as asking how I could be responsible for the charges considering I never got any merchandise. Today, April 26, 2008, I received a response. BML has changed their tune now. They're saying that the charges are valid "because the merchant states that you were beyond the timeframe to receive a refund. Uh, no. That's a lie. There WAS no cancellation policy. Their cancellation policy consisted of NOT clicking the link to CONTINUE waiting for the order. And even if there was a cancellation policy, and even if I did violate it, which I did NOT b/c it does not EXIST, I NEVER GOT THE FURNITURE! BML is in full and willful violation of their OWN LEGALLY BINDING TERMS OF SERVICE by continuing to bill me for this. They cannot provide any evidence of this said "cancellation" policy, or my alleged agreement to it. Just b/c that fraud of a company Gatelys SAID there was an agreement does NOT make it true. BML nor Gatelys cannot provide me with a delivery receipt bearing my signature either, because it does not EXIST.
Their worthless Consumer Dispute dept in Timonium, MD is a joke. In the letter I sent to them, they COMPLETELY ignored my questions (which were in bold, underlined text) asking why I was responsible for items NOT received. I also stated that there is NO paper trail leading the goods to my door. I also asked how Gatelys could charge my account for charges that BML had already reversed, and how could they do it when they're no longer merchants. I got no answers. Those questions were ignored, and all I got was a pitful, flimsy, and CONVENIENT response about some made up cancellation policy that doesn't even apply to me since I never got anything anyway. I mean, the furniture was ordered last JULY. Does BML think I'm going to get it? Is the cancellation policy the best thing they can come up with it? And did it really take them from January til the end of March to come up with that ragged excuse? Apparently so.
I'm complaining to the Gary Marino, CEO of BML, in hopes that he can recitify this fraud that's being committed. If he cannot, I will be contacting the Attorney General in my state, and the Attorney General in Maryland, where the BML corporate office is located. I will also be filing complaints with the BBB and FTC (Federal Trade Commission). I will also complain to TV news "troubleshooters", and last but not least, I am going to hire an attorney. A good friend of mine is a corporate attorney (in CA), and I have already received some pretty decent legal advice on how to proceed if this is not corrected by BML. I will fight this, and I will win per THEIR OWN TERMS OF SERVICE. I will also be requesting reimbursement of all legal fees, travel fees, etc. that I incur in fighting this ridiculousness, all in the name of saving my good credit from being marred for SEVEN YEARS by this company who states I am SUPPOSED to pay for furniture I didn't receive. And I will make sure, through TV news troubleshooters, that everyone knows just how shady BML is. The network/station I've chosen to use reaches over 2,000,000 people, according to their demographics, and they LOVE it when people complain about well-known companies. The bigger the company, the better, so I have no doubt I can get my story publicized. No doubt at all. Considering how wonderful BML has been to me, it's the least I can do for them (HEAVY sarsasm).
Hopefully, Mr. Marino can straighten this out PERMANENTLY. If he can't, I always have plan B.
I will NEVER pay BML one penny for goods not received, and they certainly NEVER have to worry about me using them again.
Spring Hope, North Carolina
This report was posted on Ripoff Report on 04/26/2008 10:13 PM and is a permanent record located here: http://www.ripoffreport.com/r/Bill-Me-Later-BillMeLater-BML/Timonium-Maryland-21093/Bill-Me-Later-BillMeLater-BML-trying-to-make-me-pay-for-furniture-I-never-received-Timo-329133. 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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