Unsolicited Merchandise

[crusheroz]

What is the name of your state? Washington

I dont know if this is the right place to post. So here is my question.
I recieved a telephone in the mail from my Phone Company. I did not order this phone. I have been trying to get them to take the phone back with no luck. I was reading the info about Unsolicited Merchandise on the United States Postal Inspection Service. It says I am not liable for this item. It even says I can throw it away if I want. The Phone Company does not care about the Publication. They want their money. What else can I do? Do I have to pay for something I did not order? I do not want this product, nor am I sending it back at my expense since I did not order this. Here is the link I found on this matter. Did I understand this right?

[url]http://www.usps.com/websites/depart/inspect/merch.htm[/url]

Thanks

[Ladynred]

This stupid phone company had better care about that publication ! I read the publication, and it says:

"These rules are codified in Title 39, United States Code, Section 3009. That section of the Postal Reorganization Act of 1970 incorporates these protections for American consumers and makes the mailing of unordered merchandise unfair methods of competition and unfair trade practices under the law."

Its not JUST a publication it is a FEDERAL LAW and according to this next piece:

"Furthermore, it is illegal for a company that sends you unordered merchandise to follow the mailing with a bill or dunning communication."

It is totally ILLEGAL for them to bill you for this unsolicited merchandise !!!!

You need to do as the publication says:

"If you are aware of violations of the federal law prohibiting the mailing of unordered merchandise, or if you have personally had difficulty with such items--especially if you are sent statements demanding payment for the merchandise--you should contact you local postmaster or the nearest Postal Inspector."

Further you need to print out the relevant sections of the Federal Code, highlight it and send it along with a letter, Certified mail, to this phone company, or whatever CA they're using if its gone that far.

Talk to your Postal Inspector, see what he/she says to do, and give the Inspector all the information on this company.

Here is where you find the US Code:
[url]http://uscode.house.gov/uscode-cgi/fastweb.exe?search[/url]

Put 39 in for Title, and 3009 in for Section, you'll get ONE hit and the thing is downloadable !!!

[fueledup]

What is the name of your state (only U.S. law)? Wisconsin

I will keep this short as possible.

I am a responsible adult with typical debt, house, student loans.... I have 780plus credit scores because I have earned them.

I was in court today.

Jan 2005: I purchase a home.

Mid December 2005: I am going out of town for the holidays. I heat with wood and have fuel oil back up. Via phone I make an order for fuel oil. I make a $400. payment and have a $200. balance. Every time in the past the OLD company made delivery it was because I called and ordered it.

April 06: I recieve the monthly statement and pay off the balance.

Jan 06: The Old company is sold.

June 06: I recieve a statement from New Company for fuel oil I did not order. I immediately called to tell the company this was a mistake that I should have a zero balance. At this time, I am informed they delivered in Jan/ Feb. I asked that they retrieve their oil. They refused.

(The company and I go back and forth (off and on) over the next year.)

Aug 2007: Sell home, move and get married.

September 2007: The company tells me I am on a keep fill and they have an application for keep fill services. I didn't know what keep fill was and had never filled out such an application. I asked they send me all history of my account including this application.

October: Judge orders they send me all history regarding my account by Nov 3, 2009. Company says they will mail it to me.

Nov 4, 2009 I call and ask them to please send me the information. Via email, they send me statements only and history of the previous owner being on a keep fill.

They sued me for the amount of fuel and 18% interest to todays date.

The judge said I had proven I was not on keep fill.

He spoke about the importance of contracts. (no kidding!)

He also said I prooved I did not order the fuel oil.

This is my understanding of the ruling.... I have to pay it on the grounds of... the worth of fuel because it was delivered and I sold it, when I sold my house. But you need to know that I spent 3,000 on a new furnace in Nov 2006 (yes, after delivery but before sale)with a GAS furnace! The oil tank was still there but was not part of the heating system and there was no need to 'buy it' from me and even then... I didn't want it.

I do not know the law (Obviously!). Why do I have to pay for something I didn't need or want? There was no contract with this company. Does that mean if I buy kitchen table and they deliver a stove with it... I have to buy that to?

And NOW I HAVE A JUDGMENT against me! How horrid is that?

Should I hire an attorney or suck it up and forget about it?

[fueledup]

What is the name of your state (only U.S. law)? Wisconsin

I will keep this short as possible.

I am a responsible adult with typical debt, house, student loans.... I have 780 plus credit scores because I have earned them.

I was in court today.

Jan 2005: I purchase a home.

Mid December 2005: I am going out of town for the holidays. I heat with wood and have fuel oil back up. Via phone I make an order for fuel oil. I make a $400. payment and have a $200. balance. Every time in the past the OLD company made delivery it was because I called and ordered it.

April 06: I recieve the monthly statement and pay off the balance.

Jan 06: The Old company is sold.

June 06: I recieve a statement from New Company for fuel oil I did not order. I immediately called to tell the company this was a mistake that I should have a zero balance. At this time, I am informed they delivered in Jan/ Feb. I asked that they retrieve their oil. They refused.

(The company and I go back and forth (off and on) over the next year.)

Aug 2007: Sell home, move and get married.

September 2007: The company tells me I am on a keep fill and they have an application for keep fill services. I didn't know what keep fill was and had never filled out such an application. I asked they send me all history of my account including this application.

October: Judge orders they send me all history regarding my account by Nov 3, 2009. Company says they will mail it to me.

Nov 4, 2009 I call and ask them to please send me the information. Via email, they send me statements only and history of the previous owners fuel deliveries. They sued me for the amount of fuel and 18% interest to todays date.

The judge said I had proven I was not on keep fill.

He spoke about the importance of contracts. (no kidding! Except who CARES? if you have to pay ANYWAY??)

He also said I prooved I did not order the fuel oil.

This is my understanding of the ruling.... I have to pay it on the grounds of... the worth of fuel because it was delivered and I sold it, when I sold my house. But you need to know that I spent $3,000 on a new GAS furnace in Nov 2006 to not have to worry about the smell of oil, looking at gauges, running out of oil, keep fills with contracts or without. The oil tank was still there but was not part of the heating system any longer, so there was no need to 'buy it' from me and even then... I didn't need it why would the new owner want to buy it?

I do not know the law (Obviously!). Why do I have to pay for something I didn't need or want? There was no contract with this company. Does that mean if I buy kitchen table and they deliver a stove with it... I have to buy that to?

And NOW I HAVE A JUDGMENT against me! How horrid is that?

Should I hire an attorney or suck it up and forget about it?

[divona2000]

Why are you tacking your question on a post that is seven years old? Please start your own!