Caught Up in the Furniture.com Fiasco - What Are My Rights Now?

[JenW73]

We have been caught up in the furniture.com fiasco (they've gone bankrupt). We're still owed pieces of furniture that were never delivered despite multiple phone calls and now are being asked by a law firm to pay a balance that is erroneous. They are threatening to hurt our credit but refuse to help us as they offered to do in the initial letter. I live on Maryland but the company had its headquarters in Mass.
*WE HAVE IN OUR POSSESSION MULTIPLE STATEMENTS FROM FURNITURE.COM AND MULTIPLE EMAIL CORRESPONDENCES FROM A RESPRESENTATIVE THAT SPEAK TO OUR OWING A VERY DIFFERENT AMOUNT THAN THE ONE REFERRED TO IN THE LETTER. THESE CORRESPONDENCES ALSO SPEAK TO OUR NOT BEING LIABLE FOR THAT BALANCE UNTIL MISSING FURNITURE PIECES HAVE BEEN DELIVERED.
What recourse do we have with a company in this condition - one that does not respond and is now out of business? All we want is the rest of our furniture, particularly since, as we explained to a customer service represenative, some of it is no good to us with missing pieces. We can then easily sort out any amount that may be due, settling this horrible issue once and for all? We are also running the risk of having our exemplary credit marred by the proceedings of this fraudulent company, as the assigned point of contact refuses to aid us as was promised in the letter. Please help - we have no idea what our rights are in this situation and have no idea what recourse we may have.


[Edited by JenW73 on 12-27-2000 at 11:06 AM]

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Did you get a summons or served with a complaint? As to what you should do: join in a class action against them (i am sure they are out there) and answer the complaint with you either want your money back you paid thus far plus interest or you will pay balance due as confirmed by company (photocopy the proof of correspondence) as long as your furniture is delivered first.

 

[JenW73]

Hi, thanks for responding.

No, we weren't served with either per se - just an invitation to pay the balance. A notification that if the balance wasn't paid we could face their reporting us to the major credit bureaus. "If this account is not paid, it may be reported and remain on your credit bureau report for 7 years".

The problem, of course, is that the "contacts" at the referenced law firm are absolutely unwilling to conceed that their information could be wrong and we refuse to pay the erroneous amount because they're black mailing us with credit trouble. The person we spoke to yesterday was not only unprofessional but belligerent and accused us of not wanting to pay the debt in the first place. Which is utterly untrue and can be proven by the billions of emails we sent to them asking that they call us to receive payment. The records, etc. seem to be frozen and the law firm is either unwilling or unable to supply proof of the financial amount they've referenced.

I imagine you're absolutely right about the class action, but how do I find out to whom to speak? In the meantime, we will respond to them in writing and cc the Better Business Bureau since they've already received a complain from us for flawed business practices.