I am writing to you today because of egregious act toward me as a consumer. My name is Frank A. Fogg I am stationed in Hampton VA. This past summer on 07/17/2016 I was in Sears #01575 located at 100 new market fair mall in Newport News VA.I was purchasing some bedding and was told I was approved for the Why Not lease it Program. So as curiosity would have it I went to speak with a CSA in the electronics department. I decided to purchase a Samsung brand 60u201d TV. The sales associate # 43802 proceeded to explain the terms and conditions and how the contract works he led me to believe the total amount would be split into 5 payments and I would have to pay the merchandise off within that window and after my final payment I would own the TV.I requested the sales person to let me know what my monthly payments where exactly and when was the last payment. I utilize finance companies at least once a year and I always pay my merchandise off within 120-180 windows to avoid any excess charges. I asked the CSA to explain how the contract works he pulled out some paper calculator and stated my payment terms will have to be during this 5 month window, he struggled to make since of what he was saying about the calculator, so I commented what are my payments, and when is my last payment bottom line this is what I owe and the TV belongs to me he affirmed this was the terms and conditions of the contract. So to me this was the typical financing Iu2019m used to using. I had a friend with me that witnessed the entire transaction. I agreed took my receipt to the pickup window produced my receipt got the merchandise and left .I checked my bank account to see that the first payment indeed processed and after the first month the second payment was processed on time. I proceeded to make my monthly payments dated according to the schedule after my 11/04/2016 payment which was payment number 5. I considered my account PIF and NO further thoughts of the contract. On 12/02/2016 another payment of $163.46 was debited from account, so immediately I was concerned, I called my bank to see if the vendor had forgot to put in stop payment. I explained that I had PIF the TV and the payment on 11/04/2016 should have been my last payment, I was instructed to wait until the payment processes for the bank to take action, or my most expedient route would be to just contact the vendor and they could reverse the payment on their end. Upon contacting vendor it was stated that the merchandise was not PIF and that I still had a balance because the TV was$1500.00. This could not be because the TV in fact was on sale for only $749.00. So I headed back to the Sears where I made the purchase to get some clarity. Upon arrival I meet with a CSA who I explained what happened and he stated to me, that the CSA in question wasnu2019t there and he wouldnu2019t return until Monday and from the description I provided he knew exactly who I was talking about and how he was constantly explaining the terms and conditions of that program entirely wrong to the customers. He would call Why Not lease it and let me speak to customer service rep to explain what happened because Sears was not responsible. Once on a phone with a customer service rep I explained what took place and what led to this phone conversation, I received an apology but the customer service rep tried to explain this was a lease program and the 5 payments I had made was going towards rental fees and not the principle. I explained that was not what I was led to believe nor were any u201cbuyoutu201d terms used. I requested to speak to a manager u201cChrisu201d came to the ph. and I explained the story, again another apology and he wanted me look at some verbiage on the bottom of the receipt. I explained that I saw the options that he was referring to as he pointed them out but these options were never mentioned nor explained. Chris wanted to take a stand that I see them on the paper so they were present .I explained to him that I write contracts for the government and because you execute a contract with a signature at the time of execution both parties must be in agreement with the terms and conditions implied or expressed. I made it clear that I now see the small print that was never mentioned but as the consumer I was not made aware of these other options, and there should be some consideration or compensation for that fact. He wanted to explain the proper terms and conditions of how the contract worked and how the price would eventually total up to $1500.00and that sears had already been paid. I explained to him had those terms and conditions been made aware and explained to me I would have never agreed to them or left with the merchandise, because those terms are essentially a 100% markup of the sales price and predatory and unfair why would I agree to pay $1500.00 for a tv on sale for half that price. I reiterated to him my education back ground and career in contracts and I would never have knowingly and in possession of the facts agreed to such a one-sided agreement. He stated that Why Not lease it was not sears and he had NO control over Searsu2019s employees explaining the program improper. I explained to him that as a business you should operate in Good faith the same way as the consumer I operated in good faith and made all my payments on time being led to believe that I owned the merchandise and owed no more moneys. He stated I had options to continue leasing or buyout of $540.00. I stated again there should be some form of consideration for the aggravation and harm done to me the consumer so I would like a settlement and my account PIF considering I have paid yet another payment today 12/02/2016 bringing my aggregate total close $1000.00 I should own the property. He replied the best he could do, would be a 10% discount bringing a buyout to $480.00. I told him that I couldnu2019t accept that offer of a buyout when thatu2019s NOT what I was promised in the original terms and conditions by a representative acting on behalf of Sears and Why not lease it. Unfortunately that was all he could do. I had the option to return the merchandise but I would lose all moneys paid. I stated the TV is in excellent shape I would gladly return it but I want my money returned if we canu2019t come to suitable agreeable terms. He stated returning the TV I would lose my money paid. I told him there were NO options that I would agree to that had me to continue paying more money ($480.00 buyout), nor would I return the merchandise and forfeit all money paid($980.00) because I never agreed in the first place to pay rent for the item. He stated that Why not lease it was a business to make profit; I wouldnu2019t expect them to finance the TV for the price I paid without recouping profit would I? I explained I understand that and Iu2019m not asking for a handout or something for nothing, but a smart consumer would not agree to you making 100% profit on an item thatu2019s ridiculous thatu2019s why Iu2019m asking that total amount I paid of ($980) be accepted as payment in full and my account be made whole as a gesture of operating in good faith with the consumer, not to mention Why not lease it obviously chose the most expensive option to continue leasing without me ever providing approval on that in the first place if I had been aware of such options. He states his hands are tied, I asked him to make a call to someone who had the authority to do what was right in the situation if he did not have that authority. I explained that the contract we agreed upon in order to be legal has to be bilateral mutual agreement, just because I signed it Iu2019m not legally obligated to that contract if one party used deceptive or fraudulent tactics at the time of agreement. Whether implied or expressed one party cannot mislead the other party into thinking the contract terms and conditions are represented one way and then after executing explain the contract terms and conditions completely different because of an error supposedly and say youu2019re obligated to this agreement because you didnu2019t read the small print. That is fraud plain and simple, and without a modification to the contract terms and conditions this makes the agreement null and void even if signed without reading and are grounds for legal actions. Chris stated he would put the comments under the call and provided his name and verified all of my information. I asked him to make some phone calls to his legal department and verify what Iu2019m saying and I would make some phone calls as well and if called back in to the customer service to ask for him. Conversation ended I left I returned to Sears the next day with my colleague who witnessed the original transaction to speak with a manager. She wanted to see my receipt and I explained to her what had transpired. My colleague affirmed that they were present and the CSA NEVER explained the terms and conditions of the contract the way it was being presented to us now and nor was the word u201cBuyoutu201d ever mentioned. The manager stated that she wanted to speak to sales associate and confirmed that he wouldnu2019t be in until Monday. She stated that was completely wrong and that all sales associates should know how the program works and she understands my frustration and she would call me back on Monday once she spoke with the associate. She also stated she was going to put in a ticket and she was going to u201cescalateu201d this .She provided me a number on my receipt to home office. I informed her I would contact home office on Monday because this is an issue that Sears and Why not lease should be working together on to resolve. I donu2019t see just one party responsible since the employee in question was speaking on behalf on both vendors. In closing I just want my stance to be clear and concise. The agent who represented Sears and Why not lease it completely mislead me and misrepresented the contract terms and conditions. I was promised a price and contract terms and conditions by a representative for one party, and as the other party I agreed to those terms with the understanding of what was promised to me. I operated in good faith with my deliverables from my side of the contract I expect the other party would do the same. Iu2019m not asking for anything free nor am I looking to get over on anybody and I would ask that my counterpart in this matter operate the same and honor what I agreed to and match the price advertised to me. If that cannot be accepted I ask that the merchandise be returned to its rightful owner, if not me and all my money be returned to me. I feel that I provide the facts to the best of my ability that anyone reading this can see what has happened here and a business not dealing in shady tactics would have in their mission statement to deal with it customers honestly and fairly. I would hope this reaches the correct person who does their due diligence and has the authority to make the decision to do whatu2019s right. I donu2019t feel this should have to go any further and I hope this dispute resolution is swift and no more action or outside party participation is needed. I really enjoy the TV and would be very disappointed to lose it; thank you for your time and attention to this important matter.
1750 Elm St STE 1200 Manchester, New Hampshire USA