Can a store do something by giving me bad credit because the store accidently shipped me the product?

Question

I purchased a painting at a store that cost about 1200 dollars on Sunday. I paid 15 % (about 250) by credit card and the rest of it by financing. When I made the purchase, they had a 3 month free financing offer. However, my credit was not strong and was not approved for credit. Before I made the purchase, I asked whether if I do NOT get approved for credit, can I get my deposit back. They said "Yes". On Sunday, the banks were closed to process credit. After 3 days later, the called me saying that I got denied for credit. Therefore, I would have to pay the rest by credit or check. I did not have the money to pay the rest by credit. They now said deposit is not refundable.
However, they accidently shipped me the painting (without full payment). After 5 months, accounting caught up with the the short change and called me. My question is if I do not pay, can they legally screw my credit (or do something), even if they mess up by shipping me the painting? Even I offer to return picture

I wanted to add one more thing. Since I applied for Credit from Wells Fargo (through the painting store), but they denied me. So they may have my info (I filled out an application. SS#, age, address, employer, etc...). FYI, the reason for my bad credit was not me, I consigned for a friend and he screwed my credit. But anyways, that does not matter.

The finance was through Wells Fargo (painting store) and the credit I co-signed for my friend is through Wells Fargo AUTO FINANCE) I assume they both linked together or if my credit is bad, they already know.

Answer 1

Bad credit is one of the worst problems to have... however there exists a solution.

I will hereby talk from my personal experience.

I did debt consolidation a couple of years ago, however If I had to do it again I would pay to some minor details,
if someone wants to get out of debt today it is pretty easy with a debt consolidation plan, however it may get a bit tricky at times, I suggest you get as much information as possible online on this first,

a good place to start in my humble opinion is astraight to the point ebook with question and answer I found :

http://umgarticles.atspace.com/debt-consolidation.htm

if it helps kindly remember me in your voting!.. cheers!

Answer 2

They cannot do anything to your credit because you dont have any credit with them. NO CONTRACT EXISTS! The only way that they can enter something on you now is thru court.
YOU SHOULD WELCOME THIS!

They know that they have no recourse (other than to threaten court) that is why they are calling you begging for it back!


I am sure that if they would have REFUNDED Your money at the start of this mess, this would not have been an issue!
BUT NO
THey are extortionists! KEPT YOUR $250.00 for no reason at all!

Man this makes me angry!

Sure they might be able to file a small claims against you, LET THEM.

What exactly would they say?

That they sent you a painting that you agreed to pay for but didnt?
THEN HAVE THEM COUGH UP THE CONTRACT!
Doesnt exist
THEY Sent you a GIFT!

If they do actually get in front of the judge, the worst that will happen is that they ASK you to return the painting! At that point you tell them that you are holding the painting for hostage for your DEPOSIT!

You 'gave' them something for nothing, let THEM see how it feels.

YOu are willing to do the right thing if THEY are if they are not, then you are not.

Next time they call and ask about YOUR painting
tell them you want to discuss your refund
and since you cannot trust what they say (you tried that once)
you want the discussion to be followed up with a written agreement.

They want to charge you with theft, let them try, what exactly did you steal?
They would be laughed out of court if they say you stole something that THEY SENT TO YOU without a contract.
Your understanding was that they adjusted your deposit to cover the full cost of the painting.
If this was not the case then why 5 months.
They wouldnt dare take you to court
if they do so what, what is the worst that can happen, you give it back.
again
dont take my word for it, call the big three yourself ask the the criteria for putting something negative on your credit
the first thing that they will tell you is that there needs to be some sort of CONTRACT
well they dont have one so they are out of gas there!

ENJOY YOUR PAINTING

Answer 3

I agree with the poster who said keep it.
Call wells fargo to be sure .
Ask them what the procedures are for denied applications.
That application is probably long gone, but even if it is not, could you get so lucky that they would TRY to enter something against you.
If they did, you would own the studio.
Where is the proof that you agreed to pay for the painting and didnt?
THEY NEED FACTS to enter ANYTHING if they dont have them you dispute it. THE CREDIT CARD company HAS to investigate and if Picture people cant prove it, OFF IT COMES!
THey cant prove it so you win!


ON the off chance me and the other poster are wrong,
IF your credit is already bad, really who cares.
I doubt that you are going to pay off the friends debt anytime soon so 4k or 5k what difference does it make.
Score one for the honest people like you!

Answer 4

Okay, I hope I have the right idea here. You put 15% down on a painting, were denied in-store credit for the remaining amount owing, and could not pay the store any other way. You asked for your deposit back, and they said no. Then they shipped you the painting anyway. Now they want it back.

First thing's first: return the painting. I know it was their mistake, but they might be able to charge you with theft if you don't give it back, and that's ten times worse than a bad credit rating.

Once you have returned the painting, you owe them nothing, therefore, they should not be able to report you to a credit bureau. (I'm not sure they could in the first place, if you did not have a signed credit agreement in place with them. A lawyer could tell you, for sure.)

As far as not returning your deposit, I'd get a little cheesed off about that, especially if you didn't sign anything saying the deposit was non-refundable. I'd make a fuss, and see if they give it back to you like they SAID they would. Threaten them with small claims court or reporing them to the Better Business Bureau. If they still don't give it back, you need to decide if it is worth pursuing (it's probably not).

Good luck!

Answer 5

I wouldnt go talk face to face with any of those liars!
If the credit manager was honest, where would you $250 be?

Tell them that you have consulted with an attorney and that the attorney has instructed you to tell them that you will not pay for nor will you return the gift that they send you unless they agree to send you a refund.
THEN tell them not to call you anymore and that all future contact MUST be made by mail.
Hang up
If when they call you back say, "I MUST INFORM YOU THAT I AM RECORDING THIS CONVERSATION AS PER MY ATTORNEYS INSTRUCTIONS"
(even if you aren't, they will know you mean business)
Then say " I HAVE ASKED YOU TO CONTACT ME VIA MAIL ONLY since I am starting to feel harrassed by you over the gift you sent me"
hang up

Answer 6

Tell them that you actually sold the painting to recoup your losses for the $250 that they stole from you.
They cant touch your credit!
your contract was void when the terms could not be agreed to.

who ever heard of $250 to run your credit.
A real company would have said we will hold the painting for 24 hours run the credit and discuss Monday morning.

Sing to them
"what a tangled web we weave, when we practice to deceive"

Answer 7

If you return that painting, you deserved to be screwed.
Next time they call, ask them to send you a copy of your contract with regards to this painting (listen to the crickets chirping in the background)

Tell them that you will not talk to them anymore and that you consider these phone calls harrassment.
THen everytime they call, HANG UP!
Block the number if you need to!

The other poster is off his rocker if he thinks you should do the right thing by returning the picture and then HOPE that they will.
You have LEVERAGE NOW
if 5 months have passed and they did not offer you a refund do you REALLY think that you have a snowballs chance in hell of getting one if you give that painting back?

Answer 8

If they could they would have done it. How did the painting arrive? play dumb and ask for proof that they sent it. plan your strategy accordingly. When they call back ask them what painting are they talking about? (Imply that you purchase alot of art) Tell them you would be willing to look and return it if found if they are willing to refund your money. If they don't, you dont. just that simple.

Answer 9

Your credit is already "messed up." Keeping the picture for five months was inane. Try for a face-to-face meeting with the stores credit manager. Maybe you can negotiate a deal that will satisfy both you and the store.