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Your complaint has been assigned case # 65023122. Correspondence regarding this complaint will be emailed to : vntp@att.net Please print a copy of this for your records. Filed on : June 21 2012 Filed by : Vicky Cain 2538 Donna Dr. Eureka CA 95503 Filed against : Kirby Co. of Northern California 4761 Pell Dr Ste 4 Sacramento CA 95838-2071 Complaint Description: withdrew funds from my bank acct. after contract had been cancelled and the merc handise had been picked up On May 14, 2012, a Kirby salesman came to the door, a nd after demonstrating the Kirby, and having me show him how my vac. works, he t ook my vac. and put it outside on the deck! i subsequently signed the contract t o buy the demonstrator Kirby he'd been using,--Sentria model, serial #2111010626 4 (i think--the last "62" is obscured) and was told i'd be getting a trade-in va lue of so much (i forget how much), but later, looking at the contract, i see it says "trade-in Altima $0"??? Also, i went to try the Kirby and found i couldn't move it or lift it at all--on or off! So i filled out the notice of cancellatio n and put it in the mail the next day, per the instructions. The payment of $100 .70 was to be deducted out of my bank acct. on the 14th of each month "subject t o credit approval." i got a letter from the finance co. saying i was denied. so i called them and told them i had cancelled anyway, and they assured me it was a ll taken care of and no money would be withdrawn from my acct. After the 20 days i was to allow Kirby to come get their equipment, i still had not heard from th em, so i started calling the only toll free # i had, which was for the finance c o. and was told i needed to talk to Kirby and they had only a (916)#, and i don' t have a cell phone, so i couldn't call. Every time i got to use a cell phone, t here was no answer--no voice mail or machine to leave a message on or anything! Finally i got hold of someone on June 12th and she said she would call the distr ibutor in the area to come pick it up and give me my Altima vac. back. Someone c ame on June 13th and picked up the Kirby and all equip. and left my Altima--with a damaged cord and minus the on-board tools they had taken with it! No one retu rned my calls--i was constantly told they were busy, they'd call me back, or the boss was in a meeting and would call me in an hour when he got out, she was on the other line, runnning 2 businesses out of her home, etc. etc. Then on June 15 th, i was notified by one of my bills that automatically withdraw my payments ou t of my acct. that it had bounced! i went online and saw that some company i had never heard of had withdrawn the $100.70 overdrawing my acct. by $80! #1--i had every reason to believe the contract was null and void since i cancelled on tim e, the finance co. denied me, and i no longer had their property! #2--the contra ct said if the debt was transfered to another co. i would be promptly notified, and i was never so notified. i immediately called the co. in Sacramento and was told they didn't get the cancellation notice, so it was still in force! Nowhere on the contract or notice of cancellation does it say it needs to be sent regist ered or certified, and i had been speaking about the cancellation to everyone i had spoken to for a month and was never told it hadn't been cancelled! Now no on e will talk to me, no one will even give me their last names. Everyone says some one else needs to cancel the contract but not them, there's nothing that they ca n do. So they think they're going to keep the rest of my vacuum parts (without w hich it is incomplete and its performance severely hampered) AND their property and continue to draw money out of my acct. for the next 2 years?? REALLY? Plus,

i spoke to the bank about how they were able to draw out the money when it wasn' t in there, but my legitimate bills couldn't, and they checked and said they had done it by putting it through as a "payday advance loan repayment"!! i never si gned ANYTHING like that, i got no money, no advance, and i have no payday! And b ank fraud is a Federal Offence. Your Desired Resolution: i need the $100.70 they withdrew, plus the $25 overdraft they caused to be incur red, as well as the prompt return of my onboard attachments -- specifically the 2 extension tubes and the edger tool--which were securely attached onto the back of the vacuum where they were always kept. This case will be reviewed by a complaint specialist at the Better Business Bure au, and then forwarded to the business for their response. It is our policy to a llow the business 30 working days to respond to your complaint. You will be noti fied when the business has responded. What would you like to do next? View the status of your complaint--Can't find merge code: new online complaint N EW custom link--