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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 54014
Experience:  32 years of experience practicing law and a businessman.
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I have a sole proprietorship and signed a contract with Salesforce.com.

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I have a sole proprietorship and signed a contract with Salesforce.com. I thought that it was a monthly contract, but apparently it is for the whole year. Therefore, they are trying to charge me about $750 for the year in order for me to clear up the balance. I never liked the service, so I didn't use it except to test a few contacts. I have bad personal credit anyway, so I'm not too concerned about credit. I'm more concerned about any judgements that they can try to enforce against me. There is a collection agency calling and emailing about 4 times per week. I'd pay the $750 if I felt that it is right, but in this case, I really feel cheated by what the sales rep told me. What can I tell the agency as my reason for not paying? Also, what is the possible enforcement that the agency can assess?

Good afternoon. Your best bet at this point to keep the collection agency at bay is to be very aggressive in contesting the claim itself. Send them a certified, return receipt requested letter explaining why you do not owe this debt and demand they immediately cease and desist all further efforts to contact you and/or anyone else to collect this debt. Inform them that any efforts to do otherwise will: i) result in you suing the companyfor breach of contract and a deceptive trade practice action, and ii) on behalf of the collection agency, constitute a violation of the Fair Debt Collection Practices Act and that you will report each and every violation to the Federal Trade Commission. Each violation carries at least a $1,000 fine, so that should be the end of things for you.

 

 

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Customer: replied 5 years ago.
Thank you. I need to clarify one point: should I be specific in my letter in detailing what I consider to be the deceptive practices/breach of contract or do I just use the main points that you suggested and leave it general?
I would leave it general and them guessing. No reason to show your hand yet. :)
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