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  #1  
Old 08-24-2006, 08:50 PM
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Join Date: Aug 2006
Posts: 5
Question

Question about Bennet & Deloney


What is the name of your state? Florida

Hello everyone. I have a problem with this company Bennet & Deloney that Started like this:
little more than 3 years ago I was in a bad moment of my life (money)and I was working for this important clothing Store chain, simultaneously I had another Job to pay off my mother's rent and needs because of her health issues. I was 23 by then and mother's day was approaching and ......I took something out of the damage box of the store(wich is supose to be send back to factory) and suddenly I saw myself in the worst, embarassing situation of my life.
They sent my case to this company(not B & D ) who took care of this matter, paid the fees they charged me on behalf of the store company and problem was solved after all .

After all this time I recieved few days ago a letter from this company Bennett & deloney telling me that they are handling all the cases of this store company from their previous collection agency and they are requesting me to pay the same amount I paid 3 1/2 years ago to settle the claim. furthermore there is a paragraph that says:" Please note that the civil damages and/or penalties requested in this letter are in addition to any criminal penalty" . It also says that if I don't pay my state law(florida) may allow a civil action against me and that I have to pay all costs including attorneys.
I have prove of payment and the letters I recieved from the previous collection agency saying that the case is settled. What do yo recomend I should do? please HELP...Am i being victim of a scam after all?
  #2  
Old 08-24-2006, 09:36 PM
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Join Date: Jan 2005
Posts: 2,336
Lets see if I understand.

Your stole something from your employer. Got caught. Was turned over to store's law firm. You paid for your sin.

If that is all correct, then surely you have a copy of the paperwork from the original law firm who represented the store. Just give the new guys a copy of the paperwork.

If you don't have paperwork, I'm not quite sure how to advise you. Now it is a case of your word vs. the word of someone else (who probably at least has some paperwork).

This has been so long that I think it is unlikely that the DA is going to take an interest in filing any criminal charges. So, in that sense, I think they are just trying to jack you up emotionally.

As to civil damages, all they can do is sue you. If they sue, you have the right to file a general denial and demand discovery. This will force them to prove you owe anything. That might work but it sure would be nice if you had paperwork of your own.

How much money are we talking about here?
  #3  
Old 08-25-2006, 08:13 PM
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Join Date: Aug 2006
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Question about Bennett & Deloney


Thank you for Answering my question. In fact I do have the document that the original law firm sent me after I paid, I also have my credit card statement wich I used to pay them.
What can I do if for any circumstances they insist with their threads after I send them this document I have? Fortunately is only $72.00 but my biggest interest is not to have recurring problems specially of criminal character. Once again thank you so much for your Advice...
  #4  
Old 08-28-2006, 10:57 AM
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Join Date: Jan 2005
Posts: 2,336
Since you have the original paperwork, I recommend that you write a letter, attach copies of the paperwork, and send the letter certified mail return receipt requested.

Just say that this obligation has been fully satisfied and that they must "cease and desist" all contact with you.

They may sue you. It is not likely but it is possible. There is nothing you can do to stop them from suing except to pay the amount they are requesting. Since they are only demanding $72, that might be a very pragmatic choice. Just be sure to get a letter from them first stating that the payment will fully satisfy all obligations. If you pay first you will never see any paperwork later.

I don't know of any way you can make sure this does not rise again. It might. You can only react to what someone else does. In theory, you could file a preemptive lawsuit but I don't know who you would sue since you have no idea what collection agency might snag this thing next.
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