Do I have a case against a vacuum selling company if I mailed a cancellation notice that they they never got it?

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Do I have a case against a vacuum selling company if I mailed a cancellation notice that they they never got it?

I purchased a vacuum and signed and sent the contract back stating that I was cancelling. They are stating that they never got the mail nor did it get returned to the return address. They said in the contract it says to send certified mail, yet upon reading the contract several times, no where was that stated. When i called them back to reiterate that to them they confirmed that was true but still could not process the cancellation because they did’t get the mail.

Asked on August 9, 2012 under General Practice, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as you have a copy of the cancellation order and you placed the cancellation in the mail postage prepaid to the vacuum selling company at its address, under the law, it was presumed sent by you and received by it. I suggest that if you have not received the unit and you refuse to accept it and if received, you return it. Send the return c.o.d.


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