Another Collections Thread

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Last week I received the collections letter. I sent back a letter, disputing their claim. I never received the entire bedroom package so I'm certainly not paying for it. Where do I go from here? Thanks for any advice.

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You will probably need to request proof of delivery and proof of the dispute. I'm assuming you signed a delivery receipt right? And can i assume you took pictures of everything that was delivered in the shape it was delivered in? And recorded phone calls or at least kept track of each call and who you spoke to/spoke about?

I kept all of the paperwork, including accepting delivery and refusing the broken bed. My phone records don't go that far back unfortunately but I do have at least 1 voicemail from them, apologizing for all of the problems.

In the end, I never got the night stand, the headboard or the hardware. The bed is unusable without the headboard and hardware. They no longer carry that bed so I'm guessing they couldn't supply those pieces even if they wanted to. I'm trying to figure out what is my best course of action at this point.

DonnieDuck said:   I kept all of the paperwork, including accepting delivery and refusing the broken bed. My phone records don't go that far back unfortunately but I do have at least 1 voicemail from them, apologizing for all of the problems.

In the end, I never got the night stand, the headboard or the hardware. The bed is unusable without the headboard and hardware. They no longer carry that bed so I'm guessing they couldn't supply those pieces even if they wanted to. I'm trying to figure out what is my best course of action at this point.

Did you write letters or emails to them? With only phone call records your job will be much more difficult. The voicemail helps, but it's very important to have written records for disputes like this.
 

Have they dinged your credit already? Check your credit report.

My thinking is that if they haven't yet dinged your credit, then just try to resolve it through written communication. If they have, then you sue.

BostonOne said:   
DonnieDuck said:   I kept all of the paperwork, including accepting delivery and refusing the broken bed. My phone records don't go that far back unfortunately but I do have at least 1 voicemail from them, apologizing for all of the problems.

In the end, I never got the night stand, the headboard or the hardware. The bed is unusable without the headboard and hardware. They no longer carry that bed so I'm guessing they couldn't supply those pieces even if they wanted to. I'm trying to figure out what is my best course of action at this point.

Did you write letters or emails to them? With only phone call records your job will be much more difficult. The voicemail helps, but it's very important to have written records for disputes like this.

  
There were no emails, just verbal conversations. They cannot prove delivery of the whole package, which helps me. They certainly aren't entitled to the whole amount since they never delivered it.

DonnieDuck said:   Last week I received the collections letter. I sent back a letter, disputing their claim. I never received the entire bedroom package so I'm certainly not paying for it. Where do I go from here? Thanks for any advice.
  
Sounds like you're on top of it, just wait to see how they respond. I wouldn't be surprised if that was the last you heard from them, very often once they see that the consumer is in the right, informed, and standing up for themselves they just let it drop. (Alternatively, they sell it to some shady debt collector and you'll have to deal with that, but you can cross that bridge if you come to it).

ZenNUTS said:   Have they dinged your credit already? Check your credit report.

My thinking is that if they haven't yet dinged your credit, then just try to resolve it through written communication. If they have, then you sue.

  
They have not done anything yet to my credit. I will continue to communicate with them, but I don't know if this is an all of nothing collection for them. They can still have the furniture that was dropped off. They just have to come and pick it up.

So the collection agency sent me their paperwork, which shows that I purchased the bedroom set, but refused the broken part. They do not show that I ever received the nightstand, which I didn't. So how can they win this collection??

I will respond back with these facts, along with the option for them to come and collect the pieces I do have. Is there anything else I should add?

DonnieDuck said:   So the collection agency sent me their paperwork, which shows that I purchased the bedroom set, but refused the broken part. They do not show that I ever received the nightstand, which I didn't. So how can they win this collection??

I will respond back with these facts, along with the option for them to come and collect the pieces I do have. Is there anything else I should add?

  
Send them a thank you card for providing you with evidence to help your case and not theirs?

OP: Did you pay for any of the pieces of furniture that you could use? IIRC, you charged the whole purchase back and couldn't get them to come pick up any pieces? 18 months+ is not reasonable, IMO for them to not deal with this issue and think a small claims judge would agree.

Seems about right considering this is in Jersey.

Mickie3 said:   OP: Did you pay for any of the pieces of furniture that you could use? IIRC, you charged the whole purchase back and couldn't get them to come pick up any pieces? 18 months+ is not reasonable, IMO for them to not deal with this issue and think a small claims judge would agree.
  
I also bought a mattress with the bedroom set. I had a GC that I also used with the purchase that covered the cost of the mattress. The remainder of the balance was charged via credit card. I currently have the bed frame and dresser in my possession. In my letter to them, I told them again to come pick up the pieces. The last I heard from them was in Sept 2015, when they called and said they were in front of my house to deliver the headboard, which I knew NOTHING about. I believe that was also after I won the chargeback. I welcome them bringing me to small claims court.



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