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What recourse do we have for paying on a loan which we did not receive the product?

Asked over 2 years ago - Pottstown, PA

My husband and I were approached by someone who was a friend of his sister's in highschool to get a water softener installed as promotional - get a loan, they install, after we give them something for newsletter they pay off loan. They got the money and 1 1/2 yrs later we still have no water softener. They have stopped returning our calls. We called the financing company and we can't file a dispute because it is over 1 year. We asked for copy of sales receipt so we could try and take care of ourselves but they say they can't find the original sales receipt. We don't know what to do, this is a 9000.00 water softener unit that we are currently making monthly payments on. What can we do???

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Attorney answers (1)

Jan Matthew Tamanini

Reputation Level 13

Answered over 2 years ago. Business Attorney in Harrisburg, PA.

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Do you have a written agreement of any kind with the contractor for the loan? I'm not sure what you mean by "sales receipt" -- if you don't have the promised product, for what would you have a receipt?

Without more information, it's difficult to tell for sure, but this sounds a lot like fraud. You might want to contact the PA Attorney General's Bureau of Consumer Protection and possibly your county's DA to talk with someone about your situation and file complaints against the vendor (and possibly the finance company as well).

You say the finance company says you can't "file a dispute" because it's over a year; does your loan agreement have a limitation clause? PA's statute of limitations -- the period in which you can file suit -- for contracts is four years.

Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

Good luck!

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