Imaginary debt collection

[Frank_1]

What is the name of your state? CA

In the fall of last year I made a purchase online for some computer equipment. The merchandise I received was not in its as advertised state. Most of the items had been open boxed and showed clear signs of use. Some items were even up to three years old and showed serious wear. I took pictures of all the items and sent them back. The company wanted to charge me a 20% restocking fee despite the condition of the items. I called my credit card company, explained the situation and faxed to them all the documention of my emails with the company and all other info they required. The credit card company then put the charge back on my account pending final decision. A number of months later the credit card company stated that my refund was valid and sent me a letter to certify such. I thought this story ended there but I have recently received collection notices from the company asking for a few hundred dollars (not the full amount of my purchase).

I do not owe the company any money. All merchandise belonging to the company was returned immediately after receipt. I have spoken to my credit card company about the situation and was told that although they had found my claim to be valid and refunded my money they would not contact the company or collection agency on my behalf. What should I do? How do I ensure that the collection agency will remove this from my credit report? What is the best way to deal with the collection agency in this situation? What are my options?

-Any advice would be much appreciated


P.S.
I have searched online for others in my situation and found hundreds like me that this company has done this to. They send out opened box/used equipment and then charge a restocking fee and as I am now discovering they will put these people into collections even after the equipment is returned. It is a major scam that I have thusfar had no luck in getting any gov't agency to investigate or even feign any interest in. I have spoken with the attorney generals office of CA and LA, contacted consumer affairs, contacted MasterCard, and even inquired about contacting the local police in this companies jurisdiction about this blatantly fraudulent scheme. As an example of the responses I received I will tell you what an employee of the CA attorney generals office said to me after my lengthy explanation of the situation... "why'd you buy it online?".

[ecmst12]

Dispute the charge on your credit report. If the collections agency tries to take you to court, it sounds like you could beat them, so once it's off your credit report, I wouldn't worry about it.

[seniorjudge]

Originally Posted by Frank_1

What is the name of your state? CA

In the fall of last year I made a purchase online for some computer equipment. The merchandise I received was not in its as advertised state. Most of the items had been open boxed and showed clear signs of use. Some items were even up to three years old and showed serious wear. I took pictures of all the items and sent them back. The company wanted to charge me a 20% restocking fee despite the condition of the items. I called my credit card company, explained the situation and faxed to them all the documention of my emails with the company and all other info they required. The credit card company then put the charge back on my account pending final decision. A number of months later the credit card company stated that my refund was valid and sent me a letter to certify such. I thought this story ended there but I have recently received collection notices from the company asking for a few hundred dollars (not the full amount of my purchase).

I do not owe the company any money. All merchandise belonging to the company was returned immediately after receipt. I have spoken to my credit card company about the situation and was told that although they had found my claim to be valid and refunded my money they would not contact the company or collection agency on my behalf. What should I do? How do I ensure that the collection agency will remove this from my credit report? What is the best way to deal with the collection agency in this situation? What are my options?

-Any advice would be much appreciated


P.S.
I have searched online for others in my situation and found hundreds like me that this company has done this to. They send out opened box/used equipment and then charge a restocking fee and as I am now discovering they will put these people into collections even after the equipment is returned. It is a major scam that I have thusfar had no luck in getting any gov't agency to investigate or even feign any interest in. I have spoken with the attorney generals office of CA and LA, contacted consumer affairs, contacted MasterCard, and even inquired about contacting the local police in this companies jurisdiction about this blatantly fraudulent scheme. As an example of the responses I received I will tell you what an employee of the CA attorney generals office said to me after my lengthy explanation of the situation... "why'd you buy it online?".

Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

[url]http://www.bcsalliance.com/y_debt_sol.html[/url]

[url]http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html[/url]


Validation letter samples you can get at :
[url]www.creditinfocenter.com[/url]
and [url]www.creditboards.com[/url]

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: [url]http://www.creditinfocenter.com/creditreports/[/url]

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

[url]http://forum.freeadvice.com/showthread.php?t=293829[/url]

[debtcollector`]

Did you read all the terms and conditions of the sale or just check the box?

A restocking fee is a valid fee and has been upheld many times. While I don't doubt that you were right to return the equipment, without knowing the actual terms and conditions you agreed to, I think you are probably stuck.

DC