Problems with Kirby vacuum salesman/distributor on return.Need legal help?

[tai38]

Please read and be patient with me. I need help!

Ok so on May 25 I stupidly bought a Kirby vacuum from a door salesman. We live in NV in a rural area. Anyways that same night I looked it up and realized I overpaid more than $1000 for it. We also did a trade-in so they took my old but new bissell vacuum. Immediately I cancelled the down payment check and called the financing company to cancel as well. Everything went fine. I read finding on google alot of complaints on the distributing kirby vacuum comp I bought from. So I figured I may have some problems. The contract clearly states we have 3 days to cancel and for them to recieve so I mailed it out the very next day.

They got the cancellation on June 4th. Now the contract states they have 10 business days to deliver our trade in back to us .It also says- You must make yourself available to the seller for them to come pick it up, OR, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the sellers expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation you may retain for dispose of the goods without any further obligation.

My husband is a police officer. He doesnt want to deal with their headache so he would rather just give it back. They have called and told us to mail it back and for us to find a box. Well it states at their expense and for us to get a box that big we would have to go 2 hrs because we live in rural area.They wanted us to send theirs back before sending ours. I said that it states otherwise in the contract that they were past the 10 day mark of us getting it back so where is our vacuum?So on June 14th they sent a vacuum. It isnt even our vacuum. Its some old piece of crap that they said well that the one that had your name on it.

They are past their 20 days of when they were suppose to get their kirby from us SO can I just keep it? Will they take me to court? My husband doesnt want to embarrass himself if we lose in court and he says if the judge is in our favor that maybe the Kirby comp can still sue u? I want this vacuum and it is past 20 days and I still do not have my old one back.

I let them know they were past their 20 days they keep making excuses for why they didnt want to send us back ours 1st when it says in the contract they were suppose to within 10 days. They also know now that this vacuum they finally sent back is not ours.
Category

Politics & Government > Law & Ethics

[rhondacousins]

What ever happened with this? I am having the same issue right now. I bought a kirby on 10/29/12, but cancelled the transaction on 11/1/12. They never returned my money or trade in. They never came to get the vacuum cleaner either. I called my bank to get the money returned to me, and the bank told me that I had to return the vacuum first- even though the contract clearly states that I can keep or dispose of the vacuum without any further obligation.