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Report: #249657

Complaint Review: SMC Merchandise - Internet

  • Submitted:
  • Updated:
  • Reported By: Moncks Corner South Carolina
  • Author Confirmed What's this?
  • Why?
  • SMC Merchandise www.SMCmerchandise.com Internet U.S.A.

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Giel Worthwealth was my team coach, I had set up a draft in the amount of $295.00 to come out of my account on 5-9-07,Days before the draft,I called Giel to tell her I didn't want the draft to come out, that with going back to school I didn't think that I could do the buisness right now. She said "I will take care of it personally". Well, on 5-10-07 I called her in a panic because the draft was indeed coming out in the amount of $295.00, after talking with her, she told me to call my bank which I did.

I ended up calling her back to tell her that my bank wants a 3-way call with us in order for them to cancel it; she did talk with my bank and told them to stop the draft. Well the draft ended up coming out again I believe on the 14th? I called Giel Worthwealth again, she said that it was not her fault, she did everything she could on her part.

After talking with emerchant, they tell me that she could have stopped the draft before it ever was supposed to come out if she wanted to. Now, because the draft came out, not only am I $-295.00 in my account, but there were several things that bounced because of it., I am now $-475.00 in my account because of a draft that was supposed to have been stopped days before it was to be drafted.

HELP, I am going to talk with Giels supervisor and anyone else that I can until I go all the way up the chain of command. One phone call I'm told that I'm canceled, the next time I call I'm told that I'm not. Please just refund me my money. Account #xx518
In Desperation,
5-22-07

Jessica
Moncks Corner, South Carolina
U.S.A.

This report was posted on Ripoff Report on 05/22/2007 06:25 AM and is a permanent record located here: https://www.ripoffreport.com/reports/smc-merchandise/internet/smc-corp-merchandise-lied-when-they-said-i-was-cancelled-lied-about-not-drafting-money-ou-249657. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
7Consumer
0Employee/Owner

#7 Consumer Suggestion

Change your account now!

AUTHOR: Alan - (U.S.A.)

POSTED: Sunday, July 01, 2007

As you have seen for yourself SMC are a group of uncaring sociopaths. I would suggest that you change your account number because SMC is still in possession of your current account information. They don't like it when someone un-scams them, and they don't care what your current financial situation is. When you do not expect it they will once again take money from your account, don't make it easy for them to scam you again. Change banks or account numbers ASAP.

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#6 Consumer Suggestion

Change your account now!

AUTHOR: Alan - (U.S.A.)

POSTED: Sunday, July 01, 2007

As you have seen for yourself SMC are a group of uncaring sociopaths. I would suggest that you change your account number because SMC is still in possession of your current account information. They don't like it when someone un-scams them, and they don't care what your current financial situation is. When you do not expect it they will once again take money from your account, don't make it easy for them to scam you again. Change banks or account numbers ASAP.

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#5 Consumer Suggestion

Change your account now!

AUTHOR: Alan - (U.S.A.)

POSTED: Sunday, July 01, 2007

As you have seen for yourself SMC are a group of uncaring sociopaths. I would suggest that you change your account number because SMC is still in possession of your current account information. They don't like it when someone un-scams them, and they don't care what your current financial situation is. When you do not expect it they will once again take money from your account, don't make it easy for them to scam you again. Change banks or account numbers ASAP.

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#4 Consumer Suggestion

Change your account now!

AUTHOR: Alan - (U.S.A.)

POSTED: Sunday, July 01, 2007

As you have seen for yourself SMC are a group of uncaring sociopaths. I would suggest that you change your account number because SMC is still in possession of your current account information. They don't like it when someone un-scams them, and they don't care what your current financial situation is. When you do not expect it they will once again take money from your account, don't make it easy for them to scam you again. Change banks or account numbers ASAP.

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#3 Author of original report

My update with SMC Merchandise

AUTHOR: Jessica - (U.S.A.)

POSTED: Saturday, June 30, 2007

First I would like to say thank you to Nicholas for the very informative information regarding the different steps that I can legally take. Thank-you. My bank went ahead and reemburst me all the funds that were deducted out of my account. I thank God for that :) All I can say is that I have learned my lesson - If it sounds to good to be true, then it probably is. No more get rich quick sceems for me.....

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#2 Author of original report

Still waiting

AUTHOR: Jessica - (U.S.A.)

POSTED: Monday, June 04, 2007

I'm still waiting for SMC and E-Merchant to refund my $295.00 that they were never suppossed to take in the first place. They just sent me an e-mail saying that they had already responded to my e-mail which they have not. They're avoiding me and there's nothing I can do. I'm a mother of 3 girls, and I need my money. I will never trust anyone with my banking information again.

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#1 Consumer Suggestion

There Is Hope!

AUTHOR: Nicholas - (U.S.A.)

POSTED: Wednesday, May 23, 2007

Jessica,

I am sorry to hear about the trouble you have gone through. There is hope, though.

1.) File a chargeback with your bank. Under Federal Regulation E, banks MUST comply with chargebacks (i.e. unauthorized transactions on your account). Now, I want you to be empowered with the knowledge, therefore, instead of just mentioning "Regulation E", I will be more specific. Under Federal Regulation E 205.3 it states:

"Coverage
Lists the types of transactions covered by the regulation--those initiated through an electronic terminal, telephone, computer, or magnetic tape to either order, instruct, or authorize a financial institution to debit or credit an account. These transfers include, but are not limited to, POS and ATM transfers, direct deposits or withdrawals, telephone transfers, and transfers initiated through a debit card transaction. "

2.) Talk with your bank. See if they will reverse the overdraft fees, as they were not your fault (i.e. the result of an unauthorized transaction).

Now, if you are unable to get the overdraft fees reversed, then contact SMC about reimbursing you for the fees since it was their fault. If they do not agree to this, there is still hope. You can file a suit against them. Do not panic, you do NOT need an attorney. Take them to small claims court. In the city I reside it only costs $54.50 filing fee to file a claim in small claims court. Here are the steps I recommend:

1.) Send a letter to SMC's registered agent. The registered agent is an individual or company that legally accepts legal documents on behalf of a corporation. State to SMC what you are seeking and why you are seeking it. For example, you are seeking financial restitution because of the unauthorized transaction set forth by their representative. This letter is known as a "letter of demand." If you would have to go to court, it looks better that you sent a letter of demand because you actually tried to resolve the matter out of court. Send this letter via certified mail, return receipt.

2.) Give them at least 30 days from the time they receive the letter to respond to your demand. If they refuse or do not respond, then file the small claims suit. In small claims cases, you usually do not need an attorney; however, one may represent you. Just to let you know, they WILL have an attorney if this goes to court. The law, where I reside, states that an attorney must represent any corporation involved in a small claims suit.

All small claims court is a somewhat informal court hearing between you, the company/individual you are suing, and the local judge. Simply state the facts to the judge and provide as much evidence as possible. That's it. I would highly recommend you file the chargeback and get a copy of that filing. If the investigation performed by your bank shows that the transaction was truly unauthorized, get a copy of that. That is excellent hard evidence against a company for the unauthorized transaction.

I wish you the best of luck.

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