Who's Fault Elka Or Mine?

[OutlawEX]

Ok im a dealer for elka. I sell about 10K a year for them. Anyways. I purchased a set of shocks for myself back in July. Well when i paid for the shocks I used my personal Debit card as it was not for anyone in my business. So today i open the mail and i have a note from my bank stating i have overdrawn my account. So i go online to my bank and view my recent account activity and i seen Elka has been charging my personal account for 4 past orders this month. Out no where they decide to charge my personal account. So now with no money in my account i have checks that are sent out that are going to bounce and also i have overdrawn charges. I called Elka and they see they tried saying i gave them that card # to charge. Every time i order i say read my the last 4 digits of the card. Well they always do and always use the right card. So the lady said they can fix where they have been charging the wrong card but they cant pay the over drawn fee. I told her its not my fault. It was their end that messed up. So she is pulling my account up and reviewing it. Am i right or are they? If they dont cover my fees that they clearly messed up on is there a legal matter that can be taken or what should i do?

[wilkin250r]

I believe that Elka is only responsible for replacing the money they erroneously took out. They aren't responsible for other use on that account, and any bounced checks or overdraft fees caused by other use.

Those mistakes belong to the account holder. They can't be held liable for YOUR activity on the account.

[Rob Dob]

I agree that Elka is responsible for the money they took out, but they should also be accountable for the overdraft charges that were incurred. If Elka would have charged everything to the right account, no overdraft charges would have been applied (assuming that the missing money would have covered the bounced checks). I believe that Ekla will own up their mistake and make it right.

[eldercyclerep]

lol i had the same prob with elka too. I told them to charge my personal card instead of bussiness card one time, and the past 3 orders last month was on my personal card. Luckliy i was using a credit card and not a debit card.

[AtvMxRider]

You need to talk with your bank because they may work with you also.

[SGA]

Originally posted by wilkin250r
I believe that Elka is only responsible for replacing the money they erroneously took out. They aren't responsible for other use on that account, and any bounced checks or overdraft fees caused by other use.

Those mistakes belong to the account holder. They can't be held liable for YOUR activity on the account.

Why would Elka replace the money if he got the mechandise?

Is it worth litagation against Elka? Maybe, maybe not depending on how much your check fees will be. Go down and talk with the bank.
Awhile back due to a mistake on MY part, I had around 8 checks that were going to bounce. I went and talked to the manager at my bank branch. The bank charged me for two bounced checks. and covered the rest. Of course I had to put some money in to cover them after they came through.

You may have to advance money from the card Elka was supposed to charge, into your account that the checks will bounce in.

Elka is a good company though. Im sure they will try to work with you if they can.
Heres a lesson learned. Keep a eye on whats going out of what accounts.

[wilkin250r]

Originally posted by SGA
Why would Elka replace the money if he got the mechandise?

True. Let me rephrase.

Elka should be responsible to correct the billing mistake, which would include reimbursing the account, and then applying the outstanding balance to the correct account.

They shouldn't be held responsible for OTHER activity on the account, including bounced checks or fees, but they may correct those as well to keep good customer relations.

[Giz400ex]

my wife is a bank manager locally and although regulations do vary from state to state, you do have grounds to dispute. You can file an unauthorized electronic debit dispute and the bank will give you provisional credit until the issue is resolved to avoid bouncing anything further. As for the fees, most companies will pay when their error directly caused the fees but you would need to speak with a supervisor in the company and have a letter sent over from the bank. If they are still unwilling, the manager of the office where you bank will usually refund them if you explain the situation. If neither of them work, you would have to take legal action through an attorney.

[OutlawEX]

Originally posted by wilkin250r
True. Let me rephrase.

Elka should be responsible to correct the billing mistake, which would include reimbursing the account, and then applying the outstanding balance to the correct account.

They shouldn't be held responsible for OTHER activity on the account, including bounced checks or fees, but they may correct those as well to keep good customer relations.

What do u mean they should not be responsible for other activity? They charged the wrong card $2000. So all my bills that i had checks for are going to bounced as Elka with drew from the wrong account. My personal account should of never been used. They mis read what card to use so now i have the inconveinence of over drawn charges and bounced check because they didnt hold up on their end.

[SGA]

Im not sure how this would be handled, im making a guess and im sure alot of us here are. There are though some good suggestions being made here.

OutlawEX, Let us know how it goes for you and keep us informed. Thanks

[dober250R]

Just an opinion by me and i'm not trying to start anything or take anyone's side. Here it goes, If I was running a business, I would keep a very close eye on all of the transactions going on in all of my accounts. Checking my accounts if not every day, then every other day just to make sure everything was where it needs to be. This sucks man, this is gonna be hell for you to figure out. Good luck and keep us updated.

[OutlawEX]

Well its friday. I got all this info about my account and what not thursday which is yesturday. After calling and letting elka be aware of the problem. Their accountant Melissa was suppose to call me by the end of the day. So this was a 2pm thursday. I waited till 5.40 and i called them back as i have to get this issue resolved. Well they said "She is gone for the day" I go well can i talk to someone above in higher authority? Um y is that sir? Uh because she obviously isnt doing her job! So they put me on hold and what do u know 5 mins later is Melissa. She said they were reviewing my account and they are closing in a few so they will investigate first thing in the morning. Ok so i let it go.

Now today. I called them at 2pm. "Hello this is brandon did you forget about me?!" No sir. Our secitary is gone so i have to answer phones but you are on my to do list. Ok so i get a call about an hour and half later. She asked to Fax over my bank slip with fees and what not and she said they would call me to let me know whats going to get done today. So guess what no call! So i am still 3 days out with $0 money in my account with about $500 written in checks that may bounce. This is not typical of Elka do no get back in touch with ppl. I dont know what the problem is. But just wanted to keep ya informed :(

[Guy400]

Originally posted by OutlawEX
I dont know what the problem is. But just wanted to keep ya informed :( It's called CYA (Cover Your A$s). Someone over there is trying to fix the situation without their boss finding out but they're not sure how.

[Rob Dob]

I agree with Guy400, someone doesn't want their boss to find out, that's why it is taking so long. Is there someone higher in the company to speak with?

[SGA]

What did the bank say? Are they going to help until this gets resolved? Please dont say you didnt talk to them!

Originally posted by OutlawEX
They charged the wrong card $2000. So all my bills that i had checks for are going to bounce as Elka withdrew from the wrong account.

Originally posted by OutlawEX
$0 money in my account with about $500 written in checks that may bounce.

Since Elka has not been using the credit card they were supposed to, you should have plenty of money on that credit card to put in your checking account to cover your checks. You should have around $2000 clear on that card because you thought Elka had taken the money from it, but they didnt, so that $2000 is there to be used to cover your checks.

$500 worth of checks, $2000 on the credit card. You should have plenty to cover those checks even if you have made other charges on that card.

You can do a cash advance from the credit card they were supposed to use into your checking account, then when the problem is resolved, pay the credit card back from checking.

That $2000 should be there on that credit card unless you are terrible at checking your finances or you have poor financial responsibility or both.

Mistakes like this happen in business ocasionally. A smart business owner learns this and takes steps to make sure it doesnt happen again. Dont depend on Elka to get this straightened out right away, YOU need to get those checks covered first, then deal with Elka.

[MOFO]

Originally posted by SGA
What did the bank say? Are they going to help until this gets resolved? Please dont say you didnt talk to them!



Since Elka has not been using the credit card they were supposed to, you should have plenty of money on that credit card to put in your checking account to cover your checks. You should have around $2000 clear on that card because you thought Elka had taken the money from it, but they didnt, so that $2000 is there to be used to cover your checks.

$500 worth of checks, $2000 on the credit card. You should have plenty to cover those checks even if you have made other charges on that card.

You can do a cash advance from the credit card they were supposed to use into your checking account, then when the problem is resolved, pay the credit card back from checking.

That $2000 should be there on that credit card unless you are terrible at checking your finances or you have poor financial responsibility or both.

Mistakes like this happen in business ocasionally. A smart business owner learns this and takes steps to make sure it doesnt happen again. Dont depend on Elka to get this straightened out right away, YOU need to get those checks covered first, then deal with Elka.

Good advice! take care of YOUR problems first with your bank, then deal with Elka.

Your first move should have been a phone call to your bank letting them know what happened....the longer you wait to call them, the harder it will be for them to work with you on this.

[Rdhanded2]

Cash advaces cost 20+ % on average. There is no way I would be doing a cash advance. Plus, he did talk to the bank, and faxed elka his bank statements, etc. Any reputable company will take care of this situation, and pay you for the overdrafts because it is their fault. If they won't, you learned a valuable lesson, and drop them from your business. Plus, if they won't help then we all need to remember that in the future when buying shocks. That is what we are here for- to help each other out, and support each other in the sport we love.

[OutlawEX]

Oh heck yes. Contacting my bank was the first thing i did. I asked him could i file and unauthorized debit purchase so nothing dont bounce. My bank accountant said not to file those forms yet as its a pain. he said transfer money from business to personal. So what i did instead of doing that was transfer from my paypal to cover till Elka learns what to do. But if this isnt taken care of on monday. I am going to speak with Yann or Sabbastian as they seem like 2 high ranked fellas that i always deal with. I know Yann makes ends meet. But i will keep you guys informed

[OutlawEX]

Ok i faxed them over my bank statement friday. They were to call me friday and let me know their actions. Well guess what no call!

So its monday right now. 2pm have not got a call. So i call them. Spoke with Melissa. She said ok what were are going to do is give you dealer credit. SO next time you purchase u will get below dealer. Im sitting there thinking. Um ya because its just like me putting a down payment on shocks. DERRRR. So i was like No i need my cash in my account. I have a Mortage and car payment the 3rd of novemeber. I need it in there. She puts me on hold like 3 different times. She then says ok we can refund your fees and also charge the right account. So i go ok. When can u do it. Umm maybe today. Um hello i need to know . Well i can do today. U should have in account by tomorrow by noon.

Well i will keep u guys posted. I had lots of respect for Elka and still somewhat do. Im a whole sale buyer . Im not a standard dealer. Im not trying to brag. But they should be taking care of me more professionaly like something that has to deal with 2k of my cash. Man im tempted to stop sellin their products cus of this:mad:

[OutlawEX]

Elka payed all my fees and 100% of my money back. About time geeesh!

[fasterblaster09]

glad to hear its resolved :)

Originally posted by wilkin250r
I believe that Elka is only responsible for replacing the money they erroneously took out. They aren't responsible for other use on that account, and any bounced checks or overdraft fees caused by other use.

Those mistakes belong to the account holder. They can't be held liable for YOUR activity on the account.

yep, so pretty much u have to pay for that nomader what

Originally posted by OutlawEX
Elka payed all my fees and 100% of my money back. About time geeesh!

wow, u got lucky then lol

[MOFO]

I really think this shows how good of a company Elka is. I can assure you most company's would not cover your fee's, just money they owed.

This just backs up my plan of buying a set of Elka's someday. :D

Originally posted by MOFO
I really think this shows how good of a company Elka is. I can assure you most company's would not cover your fee's, just money they owed.

This just backs up my plan of buying a set of Elka's someday. :D

ya elkas a good place :macho

A few years ago I bought a set of Hipers directly from their head quarters in Wichita, didn't go through any dealer. Well I paid with a credit card, that next month I get my credit card bill and it shows the transaction, everything is cool!
The next month I get my credit card bill again and I have another charge from Hiper and it was for a couple hundred dollars more than the previous purchase. I call them up and say hey, what's going on here. Well the president of the company calls me back and apologizes right and left. Somehow they used my credit card to bill for one of their dealers purchasing a set of beadlocks.

Obviously my card got credited and they also sent me a set of beadlocks for free!