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A debt collector threatened to sue me... so I went codename47 on them !!! Archived From: Finance

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tuphat said:

Not sure I am following the end result. Are you saying that the company cancelled the $2,000 charge that you disputed, in exchange for dropping the FDCPA claim? At the end of the day, was your economic profit equal to the value of the free flooring?


They admitted guilt to the FDCPA claim but instead of the $1000 standard FDCPA violation, they decided to drop the debt that I supposedly owed them. They also paid my lawyer as part of the settlement for his fees.


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Got the hint .... red for ericgo07


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In response to saying you shouldn't claim the entire $2000 - I don't think you can claim part of a credit card charge. I did this once through AMEX and I had something that was partially usable. I had to dispute the entire charge and AMEX refunded it to me. I was very honest about the fact that I was only upset about part of the charge but they said they had to follow procedure.


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DjPiLL said:IDidIt2 said:By signing the bill without notations you are indicating the shipment arrived in good condition and the merchant and shipper are no longer liable.



Again.... unless I just marked the receipt as damaged without inspecting everything there was no way I could inspect all 50 boxes. .....
The main point of this thread was to show you guys that it is possible to go after an annoying debt collector and PRO-FIT on their stupidity.

Thank you for showing how you resolved this. I think many people can learn a lesson on how to handle this situation. My comments wasn't meant to bash you but to also help others from the same problem.

If you get an order that has a box damaged you do not have to inspect the carton. You can notate "x" amount of boxes damaged. Later, if the merchandise is indeed damaged you can file a claim.

Or, if there are many boxes such as your order, always always always notate "subject to inspection" on the delivery receipt.

Again, nice job getting this resolved. Normally once you sign you own.


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I'm not sure how much I've learned by reading this thread, but one thing for sure: I'm not going to go to the ourflooringsucks.com website to buy flooring.


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This story made me happy. I had the same type of thing happen to me about 4 years ago. Shipper damaged about 50% of the flooring. Shipper told me to note the damaged on the slip before signing and that I could file a claim. Well, I filed a claim with the shipper, including pictures of the flooring loose and spread out all over inside the truck but the shipper denied it -they blamed it on the way the flooring company packed it on the pallets. So they are fighting with each other but I got screwed. Tried to charge back shipping charges on cc but was denied because I received the service even though the product was damaged. The flooring company (which I paid with a check!!!) eventually sent me all the additional flooring with free shipping but it took 13 months to negotiate this and probably close to 50 phone calls.


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mrlandlord said:
And I see OP's side too, and the hassle factor he went through, but he did receive 47 good cartons of flooring free, and is being patted on the back here. I would not pat so hard.

Not free, he gave up a legitimate claim against an incredibly violative collection agency in exchange for settlement of a disputed bill for said flooring. I would assume that the settlement included some exchange of funds from the law violating collectors to the merchant.

Would anybody be against the OP if he proceeded to trial against the CA, and then settled up with the merchant using the proceeds of the suit against the CA?


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Sorry to disagree, but to say that buyer protection is worthless fails to take into account that the merchant is put into a position of considerably more difficulty in retrieving funds from the buyer. Once cash is handed over, good luck getting any back without a lawsuit. However, in the case of credit cards, at least the cash is back in the buyer's pocket and the merchant must be the one to take action henceforth.

mjgroves said:Just want to chime in here and say that he's absolutely right about collectors coming after you if you file a credit card dispute. I also did one through Chase for a defective graphics card (long story), and the merchant emailed me and told me if the amount isnt received they'd take me to collections.

What the hell is the point of getting your money back when the same amount is going to go to collections and hurt your credit? Credit card buyer protection = worthless.

As a side note, good job to the OP. I love reading stories like these. Some bastards really have it coming to them.


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workindev said:Lesson to learn: If you ever have anything delivered from a freight company or delivery service, always write "Possible Concealed Damage" on the shipping invoice, and then note every single mark, dent, etc that you find on the shipping carton. That way when you do open it up, you are protected even if the delivery service has left.

This comment should be added to the quick summary. I guess since it's under moderation, I can't edit QS?


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Good job..

Had this gone to my Civil Court, the judge would have eaten you alive... LOL

Federal is the only way to go, and you got a smart lawyer.

Congrats.


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great job and im glad you got a lawyer willing to take care of everything for you


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DjPiLL said:gludlow said:You are my hero!
A debt collector keeps calling us at home for a debt my sister owes; we've moved out of state, I don't know how they keep finding us! I wish they'd send me silly letters. They refuse to give me a mailing address (just hang up) but keep calling. I hate debt collectors.



You can sue them for harassing phone calls. You don't need letters. Talk to an attorney.

Get a tape recorder. Pick up and say you're willing to consider paying the debt. To whom do I make the check out to? Where do I mail the check? Then say, I'm not going to pay the debt until you validate. All further contact must be in writing.


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darkmeridian said:DjPiLL said:gludlow said:You are my hero!
A debt collector keeps calling us at home for a debt my sister owes; we've moved out of state, I don't know how they keep finding us! I wish they'd send me silly letters. They refuse to give me a mailing address (just hang up) but keep calling. I hate debt collectors.



You can sue them for harassing phone calls. You don't need letters. Talk to an attorney.


Get a tape recorder. Pick up and say you're willing to consider paying the debt. To whom do I make the check out to? Where do I mail the check? Then say, I'm not going to pay the debt until you validate. All further contact must be in writing.

Don't say that you are willing to consider paying the debt. THAT could be interpreted as restarting the SOL clock.

What you do is simply ask to whom and where are they expecting this payment to be sent. Never actually say anything that could be interpreted as you are willing to make a deal or actually send a payment.


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Don't say that you are willing to consider paying the debt. THAT could be interpreted as restarting the SOL clock.
I wouldn't say that I'd consider paying it, but not for that reason. I have yet to see a state where you restart the SOL clock by acknowledging a debt.


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