collection company

[margid]

We purchased an item last Xmas from a company. They sent half of the order, but included something else. When my son received it, he called, and they told him the game was not in yet so they gave him something extra, and the game would be there soon. I called after a week or so, and explained what happened. They sent the game, but billed us for the "extra" item we originally received, but did not order.
They call us daily now. Our credit rating is great. We paid by credit card the day we ordered the original item. We live in NY, and the item is $96.00. What should I do to get this collection agency to stop calling? Can we sue them for harrassment? I have explained the situation to them so many times, and nothing helps!

 

[I AM ALWAYS LIABLE]

We purchased an item last Xmas from a company. They sent half of the order, but included something else. When my son received it, he called, and they told him the game was not in yet so they gave him something extra, and the game would be there soon. I called after a week or so, and explained what happened. They sent the game, but billed us for the "extra" item we originally received, but did not order.
They call us daily now. Our credit rating is great. We paid by credit card the day we ordered the original item. We live in NY, and the item is $96.00. What should I do to get this collection agency to stop calling? Can we sue them for harrassment? I have explained the situation to them so many times, and nothing helps!

My response:

This is your defense to the collection of the "debt". If they harm your credit, or keep harassing you, then inform them of your intent to sue them, and the Company.

Also, run a search for Federal Fair Debt Collections Practices Act, and read it carefully. Do exactly as it says, and send any letters by Certified, Return Receipt.

Merchandise sent to you in the mail that you did not order is yours to keep. This includes any extra merchandise sent with items you did order. You do not have to send it back, and you can't be made to pay for it. Under the law, this is considered a gift. Enjoy it.

If a private delivery service, such as United Parcel Service, brings you merchandise that you didn't order, you must do two things before you can legally keep the merchandise:

1. You must alert the sender (preferably in writing) that you received goods that you didn't order.


2. You must allow the sender a reasonable amount of time to pick the merchandise up at the sender's expense. You should tell the sender what you intend to do with the merchandise if he or she fails to pick it up.

If, after 30 days, the vendor fails to pick up the merchandise, then that would be considered a reasonable amount of time, and the item is yours to keep.

IAAL