ComplaintsforAcculaw, Inc.

• Initial Complaint

  08/06/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  On 7/18/24 I contacted ACCU Law to discuss renting a Reconditioned Stenograph Diamante writer. I was presented with payment terms: Non-refundable down payment of $1198 and monthly rental rate $89. Agreed rental period starting on the same day the machine is shipped. On 7/19/24 I followed up on the status of the shipping. I then received multiple message regarding charges being attempted. I called my credit card company and were told a company was entering incorrect information, so the charges were being denied. I called Acculaw and spoke to ******, expressing my concern for the charges. He was extremely rude and disrespectful, accusing me of trying to get the machine shipped without paying for it. I advised that was not my intent and given his accusation I canceled my order. ****** confirmed my credit card had not been charged and the machine had not been shipped, but denied by request to cancel my order, claiming I was under a contract. I advised since the machine had not been shipped and I have not been charged then the payment agreement is void. I demanded he cancel the order and advised him not to charge my card or ship the machine and if he did I would refuse it. ****** advised we were in a contract and proceeded to charge my card and ship the machine after I canceled it. I rejected it when it arrived. Soon afterwards I received an email from ****** offering $900 plus the $89 rental payment, total $989. He further stated if I did not accept this offer within a week he would only refund $445 less shipping cost. I made multiple attempts to resolve this with the company, demanding a full refund since I canceled my order before I was charged and the machine was shipped, but ****** continued to deny my request, arguing we had a contract. I am accusing ****** of fraudulently charging my card and shipping the machine for the sole purpose of enforcing his contract knowing I canceled the order, only to offer me a partial refund.

  Business response

  08/08/2024

  
  RE: ***********************; bbb complaint: 22103276
  
  Enclosed you will see the sales slip on the 18th. Upon receipt of this non-refundable deposit that rentee ageed. Acculaw, *** immediately serviced the equipment, implemented her custom keys that was requested by her school and installed new internal and external batteries. The next day on 19th we billed her card for the $***** and equipment was shipped out. All in accordance to our agreement. She did call on the 19th/not to cancel  but to accuse us of charging her card multiple times on that day. which did happen because the card kept getting declining but eventually approved the one month rent of *****. On the 22nd she called with her parents looking to back out of the agreement but equipment already shipped.
  
  We received back her rental equipment on Aug 2.
  
  Under the terms of our rental agreement we are not obligated to return her $900.00 deposit becuase she did not fulful the 6 month minimum period but we did anyway. We also refunded her ***** payment  which we were not obligated to do.
  
  I have to guess that she expects us to pay for the servicing, custom keys installed and shipping cost both ways is why she is complaining to you which she only paid $300.00 which is a fraction of what is cost us to do when servicing and shipping this type of rental equipment.
  
  Unfortunately, many court reporting students quit very soon upon starting school and they have to expect a loss and not burden the people who are trying to help get court reporters in our industry which is needed very much.
  
  Renting is much better then buying because you only lose hundreds instead of losing possible  thousand if thing don't work out. Much better then buying equipment and software not to mention repair cost and loss of time when you buy. When you rent, we can send out replacement immediately. If things do work out most of your rental money goes towards even bettter equipment.
  
  We at Acculaw, *** who have been in business for over 35 years as you can see is more then fair with our customers.
  
  Please keep our rating to an  "A"  like you  have for many decades.

  Customer response

  08/08/2024

   
  Complaint: 22103276
  
  I am rejecting this response because:

  Firstly, there was no bill or shipment charged on the 19th. Attached is *** date of shipment which was on the 22nd: 8:15 pm, NOT the 19th as claimed.

  On the 18th I received ACCULAWs contract stating Payment terms as follows: Non-refundable down payment of $1198.00 and
  monthly rental rate of $89.00. Agreed rental period starting on the same day
  the machine is shipped and ending in no less than 6 months. When I did not receive any tracking information I emailed the following day on the 19th. They responded they could get it to me later that day but I NEVER received it. 

  On the 22nd I received messages from my bank stating my card has been tried multiple times but they were denied. That prompted a phone call to Acculaw and spoke to ****** (at 5:39pm) asking why my card was being charged multiple times (which the date is also attached). He informed me to that my card was being denied and to contact my bank. I responded and said its not my card because it was previously charged $1,198 and it was still showing pending status. He then started accusing me of being a thief, claiming I was trying to get him to ship their machine without paying for it first. I then responded I did not appreciate being called a thief, in no way was I asking them to send me a machine without paying for it first, I was simply asking why I was being charged multiple times and now I dont appreciate being disrespected so at this point I advised him I did not want to do business with them and didnt appreciate the treatment I was receiving, so since he has not shipped my machine, I am cancelling my order. He then informed me I cannot cancel my order and if I wanted to cancel my order then I needed to get a lawyer. He told me he will not cancel the order because he had already shipped the machine and he hung up on me.  As a reminder, I attached *** confirming the machine was not shipped until 8:15pm and my phone call with ********************** my order was at 5:39pm, on 07/22/24.

  So this whole dispute is that their contract was null and void once I canceled my order and asked him not to ship the machine. This whole dispute is that I am not financially responsible and I am owed a full refund because I canceled my order before the machine was shipped and the card was charged.

  There was no mention of charging for custom keys because of my schools requirements. That should not be held against me because that was not included that I was responsible for that in the contract, nor over the phone. Shipping was not included as well, there was no mention of me being responsible for the cost of shipping or installation of the required keys per the schools request. That is also not included in their contract.

  ACCULAWs sole argument is that I was under their contract which is why they are only offering a partial refund, however my argument is I am under no contract because I canceled the order before the machine was shipped and I was charged, which is clearly stated in their contract. I never rented the equipment so it is not a rental, I canceled my order and  ****** shipped the machine anyway.

  
  Sincerely,
  
  ***********************

  Business response

  08/09/2024

  #********

  First of all ****** our sales manager for over 20 years who deals with thousands of professional during his career did not call you a theif.

  He gave you analogy of what your were looking to do after the equipment shipped. He said this situation is just like you buying an item at a store with your credit card and then calling up the credit card company and cancelling the transaction without merchant getting back the item. This is considered theft. He did this explanation especially the fact that you would not verify your card only yelling that we are charging several times.

  He recognized that you were young and inexperienced at doing these types of transactions. It was not till after the weekend when your parent who we used as a reference (thank goodness) told you it was OK to verify your card to us.

  We have your statement via email stating that our very successful sales manager is a FRAUD. This is not good for you and we asked you to talk with your parent so they can explain what you just did.

  All we needed was the equipment back which we did get  back and we refunded all the money as shown on our submission immediately receiving the equipment even though you were not entitled because you did not abide by the agreement.

   

  Customer response

  08/09/2024

   
  Complaint: 22103276
  
  I am rejecting this response because:

  Just because "******" has been with the company for 20 years does not mean he did not call me a thief. You were not on the call so the information you are being provided is hearsay. I know what he said, and I know what he called me. He clearly told me I was trying to get him to ship your machine without paying for it 1st, which was NOT TRUE.
  
  After the disrespect, I advised him I wanted to cancel my order, and no longer wanted to do business with your company. He responded with, "you cannot cancel. If I want to cancel then you can get a lawyer." He further stated  he will be processing my shipment and will send the tracking information, which also proves he HAD NOT SHIPPED THE MACHINE, NOR CHARGED MY CARD. I told him not to ship it, and not to charge my card, which is where the fraud comes in, because at that point he was not given permission to charge my card, and did it anyway. And this was all done AFTER the order was canceled, and before the machine was shipped. The allegation of me yelling is also untrue, because I never yelled at ******.
  
  I am young but not inexperienced in doing these types of transactions. I have been handling my own finances and doing businesses with companies since I was in high school. I am a very independent woman, who graduated with a criminal justice degree, that did not like being bullied or intimidated by ******, which was why I involved my parents. Especially, since he was telling me I had to get a lawyer if I wanted to cancel my order. My father initially spoke to ****** IMMEDIATLY after I spoke to ******, when I cancelled my order. My mother was also on the call, and so was I. My parents also informed ******, they didn't appreciate the treatment, or the disrespect, and advised him as well, they do not want me to doing business with him, or his company. He was advised by my parents as well, not to charge my card, and to cancel my order. ****** went on his rant, trying to justify his actions, then stated he could not cancel the order because the machine had been shipped, which was a lie. This call took place with my parents and myself, also on 7/22/24 at 6:13pm. NOT the weekend, as you are claiming. Again, you are providing false information!
  
  With regards to me calling ****** a fraud, that is also not true. You are again claiming I said something I did not say. I did not call ****** a fraud, I said ****** fraudulently charged my card, which is true, because he was not given permission, and he did this with the intent to enforce your "contract", which was not in effect until AFTER the machine was shipped, and my credit card was charged.
  
  *Definition of Fraud: wrongful or criminal deception intended to result in financial or personal gain
  
  My parents did verify my card with ******, to ensure him I was not providing false information, as ****** claimed I had did. But they also advised him if the machine was not shipped, then he does not have permission to charge my card.
  
  My proof has been submitted, and it confirms the machine was shipped and my card was charged later that evening, AFTER my parents and I spoke to ******, cancelling my order.
  
  You received YOUR equipment unused, unopened, and certainly not rented. You did not issue me a refund, as you previously stated, so you are not also lying to the BBB. I have no refunds, no transaction except for your fraudulent charges!
  
  If anyone is a thief, it is Acculaw, as they have my money and have their equipment, and I have nothing!
  
  Your offer to reimburse me $900+$89 monthly fee is not proof that you refunded me. It is an "offer", that I have repeatedly denied and rejected. I will not be penalized for canceling an order, before it was shipped, and for something I did not receive, use or take possession of. Nor will I accept any amount less than what I have been charged, because my order was canceled, and your company was not authorized to charge my card. 
  
  Furthermore, in our most recent email, you admitted that I canceled this order, so this machine should have never been shipped at 8:15pm AFTER our phone call at 5:39pm and 6:13pm. 
  
  I will not be resolving this complaint until ACCULAW does the RIGHT thing and issues me a full refund of $1,287. 
  
  Sincerely,
  
  ***********************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩