Any legal beagles on here?

[Ronin13]

I have a little issue- I think I got scammed a few years back and now, after 3 years of absolutely nothing I'm getting calls from collections...

Here's the short version:
2008, while serving in the Army I get a solicited phone call from some magazine distributor asking if I wanted 4 subscriptions for 3 years for the price of 3. I asked them to send me info and I'd decide from there. Well a few weeks go by and nothing happens, then all of a sudden I'm getting magazines in the mail (like Wired and Rolling Stone- I don't fucking read Rolling Stone and their liberal garbage!). No talk of the total price, no info, nothing, just magazines. At the same time I'm leaving the country for a 12-month deployment, so I ask my mother to handle this, send the magazines back and ask them to stop. She sends letters to all parties involved, including the publishers and sends the magazines back asking them to cancel everything. No more magazines come. No more word, no more hassle. Problem gone right?

Wrong. Now, 3 years later I'm getting calls from collections people saying my outstanding balance of $700 something has been forwarded to collections and they'll let me settle for $314.00. WTF? I never received anything in writing, no bills, nothing, just fawking magazines! I called the company that started this whole thing and they have no information regarding my account (claiming because it's in collections everything has been sent to them)... so they have no info from me, nothing that proves I was a customer, and odds are they just tossed the letters my mom sent in my name (she had a power of attorney). I refuse to pay for something I didn't order, and stopped receiving. I got another call today from the collections people asking for at least a partial payment, and I told them I've been advised to pay nothing. She asked, "By who?" and I replied "My attorney." Of course I have not sought legal council, yet... what should I do here? I read up on this company and they have dozens of reports about scams and how many others tried to cancel and they were denied. Should I fork over some of my hard earned money and get a lawyer to fight this, or just let it go and see if it goes away?

[PSS]

I'd ask for proof that you ordered the mags. They have to have some record. No proof no payment.

[rondog]

I am not a lawyer, but my Beagles say tell them to pound sand. And also to demand proof that you ordered any damn thing.

http://i18.photobucket.com/albums/b150/rinselman/annie/DSCN2681.jpg

[BPTactical]

I am not a lawyer, but my Beagles say tell them to pound sand. And also to demand proof that you ordered any damn thing.

http://i18.photobucket.com/albums/b150/rinselman/annie/DSCN2681.jpg

These are the official "Beagles" in Legal Beagles. Don't eff with them. They are part of the firm of "Dewey Cheatm & Howe".
If the company cannot provide any documentation of you ordering the product you owe them nothing. If that is not good enough then the State AG in whatever state they are in should be of help.


Now tell the truth Ronin, you in fact did order the magazines.
High Times and Good Housekeeping[Coffee]




Good looking pups Ron

[Ronin13]

These are the official "Beagles" in Legal Beagles. Don't eff with them. They are part of the firm of "Dewey Cheatm & Howe".
If the company cannot provide any documentation of you ordering the product you owe them nothing. If that is not good enough then the State AG in whatever state they are in should be of help.


Now tell the truth Ronin, you in fact did order the magazines.
High Times and Good Housekeeping[Coffee]




Good looking pups Ron

I agree, those are good looking dogs.
And I asked for INFORMATION (some of these scam artists take that as proof of purchase)...

[OneGuy67]

I agree, those are good looking dogs.
And I asked for INFORMATION (some of these scam artists take that as proof of purchase)...

As part of a collection request, they are supposed to send you notice of the collection and you have 10 days in which to challenge the collection. You can challenge the collection by requesting they provide proof of the collection being your responsibility.

If they cannot, then you should not be responsible.

That being said, how much you want to spend on an attorney to fight this; how much damage has the collection done to your credit, if reported?

[Ronin13]

As part of a collection request, they are supposed to send you notice of the collection and you have 10 days in which to challenge the collection. You can challenge the collection by requesting they provide proof of the collection being your responsibility.

If they cannot, then you should not be responsible.

That being said, how much you want to spend on an attorney to fight this; how much damage has the collection done to your credit, if reported?

Well they never mailed me anything- no bills, no late notices, no collection notice, nothing. All I've gotten thus far, and it's only been recently, 3 years of silence, has been phone calls. I say the burden of proof falls on them. Until I see anything in writing that I owe anything to anyone (and I shouldn't since we sent all the magazines back and stopped receiving them) I'm going to treat this as a scam. I haven't noticed anything on my credit... yet. And think I'll hire a lawyer when/if they try to phuck with my credit.

[Colorado_Outback]

Call a lawyer and explain and then ask if it will be more than $314.00 to get it done..

[rondog]

Call a lawyer and explain and then ask if it will be more than $314.00 to get it done..
Probably cost that much just to call and ask!

[Byte Stryke]

I would also contact the big three and notify them of the false collections.

[Colorado_Outback]

Probably cost that much just to call and ask!

Thats what I was thinkin..

[Ronin13]

I would also contact the big three and notify them of the false collections.

Good idea... I don't want my first house purchase (in at least 3-5 years) to be hexed because of some BS. Thankfully today is a slow day at the office so I can make some phone calls.

[Bailey Guns]

You also have the right to tell them not to call you any more. You can demand any correspondence be in writing. And start collecting names of people/agencies that call after that. Let them know you're going to file a complaint with the AG's office and you wanna know who to name.

[00tec]

Not a legal beagle, but I deal with collections, FDCPA, FCRA and all that jazz on a daily basis.

Steps you should take:

Dispute with Equifax, Experian, and TransUnion (if it has been reported)- check this at annualcreditreport.com
When they call you, tell them that this is your work number and not to contact you by phone at that number (they do not have to honor verbal requests to cease calls at home- so they'll have to honor it if you say it's work) you can say that every number they have is your work number and they'll have to abide
If you get something in the mail, respond with a letter of dispute. THIS MUST INCLUDE: Name, 'account number', reason for dispute, amount of dispute, date of disputed transaction. Make sure you send it to their dispute address and not their payment address (common mistake). Send it as soon as you can after receiving the notice, it's supposed to be disputed within 60 days. Make sure in the letter you say that you want your credit report fixed. I would recommend sending the letter certified, but that's not a requirement

Take note of when you take these actions, when and who calls you (and at what number), etc. Keep a record of everything you possibly can.

[Atrain1]

I have a little issue- I think I got scammed a few years back and now, after 3 years of absolutely nothing I'm getting calls from collections...

Here's the short version:
2008, while serving in the Army I get a solicited phone call from some magazine distributor asking if I wanted 4 subscriptions for 3 years for the price of 3. I asked them to send me info and I'd decide from there. Well a few weeks go by and nothing happens, then all of a sudden I'm getting magazines in the mail (like Wired and Rolling Stone- I don't fucking read Rolling Stone and their liberal garbage!). No talk of the total price, no info, nothing, just magazines. At the same time I'm leaving the country for a 12-month deployment, so I ask my mother to handle this, send the magazines back and ask them to stop. She sends letters to all parties involved, including the publishers and sends the magazines back asking them to cancel everything. No more magazines come. No more word, no more hassle. Problem gone right?

Wrong. Now, 3 years later I'm getting calls from collections people saying my outstanding balance of $700 something has been forwarded to collections and they'll let me settle for $314.00. WTF? I never received anything in writing, no bills, nothing, just fawking magazines! I called the company that started this whole thing and they have no information regarding my account (claiming because it's in collections everything has been sent to them)... so they have no info from me, nothing that proves I was a customer, and odds are they just tossed the letters my mom sent in my name (she had a power of attorney). I refuse to pay for something I didn't order, and stopped receiving. I got another call today from the collections people asking for at least a partial payment, and I told them I've been advised to pay nothing. She asked, "By who?" and I replied "My attorney." Of course I have not sought legal council, yet... what should I do here? I read up on this company and they have dozens of reports about scams and how many others tried to cancel and they were denied. Should I fork over some of my hard earned money and get a lawyer to fight this, or just let it go and see if it goes away? You definitely got scammed. When I was 16 I worked for a company called world wide circulation selling magazines, when I found out they were teaching us how to lie I quit. I do customer care work for a bank and I see this all the time. I am surprised you got the magazines usually people dont even get them they just get their money taken from them. How did they get your personal information, DL # SSN DOB ect cause if they dont have that info then you dont owe them anything, and there for can not ding your credit.

[CO Hugh]

There are a couple of issues: they are unauthorized charges and the statute of limitations. It is possible that they only have 3 years to file a lawsuit to collect the money. They may argue 6 years as the sum is certain.

Send letters to them requesting signed agreements or authorization, and any other documents you signed or evidencing your consent. Also ask for an accounting of all amounts due. You need to ask for more than verification of the debt, becuase that is often no more than a statement that the amount is due.

Gather copies of all your correspondence to them from your mom or anyone else, and any notes you may have of the phone call with them, ie date and time.

They will have to sue you in court and prove you had an agreement with them and the amounts due. It is probably not that easy for them. If you appear in court with your information and documents you have a good chance of winning, based on these facts. It may be difficult for the magazine company to appear with witnesses, which they should need to win.

The soldiers and sailors act may apply, though i am not sure exactly how.

If you are worried about your credit rating then you may have to pay it. But if you won't pay because you did not make the charge, then tell them to sue you and go to court.

Yes, for $314, it will cost too much to get an attorney. This is not legal advice but just general guidance, and you should do your own research.