I need some advice as to what I could do here. I live in Arizona and rented a car on March 31st at LAX airport from a discount place called EZ Car Rental. When I got the car the gas tank was 3/4 full and the place had log lines and not enough people to help the waiting customers. Anyways as I was ready to take off I noticed the the pink slip said full tank. I quickly mentioned it to the guy and he said no problem just tell them when you return car. On April 3rd, when I returned the car I refilled it back to 3/4 full and explained to the guy who challenged me and then said her would take care of it. He never did and I flew back home and contacted customer service which never has a live person pick up phone. I had to leave several messages and several emails to never get a response. I then files a dispute with American Express and won. The removed the charge for $26 of extra gas refueling that had been added to my bill for not filling the tank all the way up assuming that was how I received the gas tank. I thought everything was over since Amex ruled in my favor. Today I received a letter from a place called HK Craig and Associates. There was no answer and no voice mail when I called. How do I handle this so I do not destroy my credit. I could pay it but I should not have to since I was not given a full tank. What do you recommend from a legal point of view? HK Craig & Associates, LLCCreditor - EZ Rent A CarAccount(NNN) NNN-NNNNClient Account # XXXXXBalance - $26.96The above named client has assigned your account to us for immediate collection of the full balance.Please send a certified check or money order to our office immediately. If you are unable to do so, please contact our office so that alternative arrangement can be made and all further collection action may be stopped.XXXXX XXXXX1-XXX-XXX-XXXXwww.hkcraig.bizUnless this account or any portion thereof is disputed within 30 days from receipt of this notice we will assumthis debt to be valid. If you dispute this debt or any portion within 30 days we will furnish at your written request a verification of this debt. this is an attempt to collect a debt. Any information obtained will be used for that purpose. This communication is from a debt collector. cs/10000.
Hi, thanks for your inquiry! I have been practicing Consumer Protection law for 17+ years and have specific experience with issues like yours.Can you clarify for me:1) Have you had the opportunity to review your credit report yet via the 3 major CRAs? ------ Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you. Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need. PLEASE ALSO KNOW THAT ANY ANSWERS FROM ME ARE POSTED ON THIS SITE AND NOT EMAILED TO YOU. I DO NOT KNOW YOUR EMAIL AND WILL NEVER EMAIL YOU MYSELF.
Hello,
No I have not.
Would you suggest I do so and how do I handle these collectors now?
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I need some advice as to what I could do here. I can't give you legal advice, by I can share with you some general legal principles that can be applicable to situations like yours, for you to review.
I live in Arizona and rented a car on March 31st at LAX airport from a discount place called EZ Car Rental. When I got the car the gas tank was 3/4 full and the place had log lines and not enough people to help the waiting customers. Anyways as I was ready to take off I noticed the the pink slip said full tank. I quickly mentioned it to the guy and he said no problem just tell them when you return car. On April 3rd, when I returned the car I refilled it back to 3/4 full and explained to the guy who challenged me and then said her would take care of it. And I am presuming that given the situation, and the time constraints, you didn't get writing to that fact.
He never did and I flew back home and contacted customer service which never has a live person pick up phone. I had to leave several messages and several emails to never get a response. OK, I'd consider getting a copy of my PHONE DETAIL from my carrier, that will show that there were outgoing phone calls from your phone TO the customer service of this vendor. This will later help support the contention of the facts as you've noted them - up to the time of your calling them.
I then files a dispute with American Express and won. You mean, after you learned that you'd been charged again - for the allegedly missing gas, right? Great. You now have your $26 back... however....
The removed the charge for $26 of extra gas refueling that had been added to my bill for not filling the tank all the way up assuming that was how I received the gas tank. I thought everything was over since Amex ruled in my favor. No, that just means that Amex realizes you are saying you never gave authority for that $26 nor did you ever "buy" 1/4 tank of gas from the vendor...
Today I received a letter from a place called HK Craig and Associates. There was no answer and no voice mail when I called. How do I handle this so I do not destroy my credit. First, I'd see IF it was reported as unpaid debt to the 3 credit agencies. If you don't typically review your credit reports, you can get them for free at annualcreditreport.com.
I could pay it but I should not have to since I was not given a full tank. What do you recommend from a legal point of view? First, you can consider paying it WHILE you are fighting it. This is only if your creditworthiness is important to you in the meantime - a practical consideration if, say, you plan on buying a car, refinancing or purchasing a house, etc, and possibly even applying for a job if the employer runs credit checks. However, if your credit rating is not important to you, and you simply not pay. They may sue, you can then defend the suit, and the chips will fall. That could take a few years, if EVER they sue - they may not want to sue based on the few dollars involved. However, read your contract to see if you agreed to penalties and interest for non-payment, and it could be that attorneys fees can be tacked on to any suit for damages.HK Craig & Associates, LLCCreditor - EZ Rent A CarAccount(NNN) NNN-NNNNbr/>Client Account # XXXXXBalance - $26.96The above named client has assigned your account to us for immediate collection of the full balance.Please send a certified check or money order to our office immediately. If you are unable to do so, please contact our office so that alternative arrangement can be made and all further collection action may be stopped.XXXXX XXXXX1-XXX-XXX-XXXXwww.hkcraig.bizUnless this account or any portion thereof is disputed within 30 days from receipt of this notice we will assumthis debt to be valid. I'd dispute. Explain what happened. Tell them you have proof of your phone calls confirming the gas issue.
If you dispute this debt or any portion within 30 days we will furnish at your written request a verification of this debt. This tends to be BS. They will simply say to the creditor - does he owe this? And the creditor will say: Yep.
this is an attempt to collect a debt. Any information obtained will be used for that purpose. This communication is from a debt collector. cs/10000.
So again, you can let the chips fall and defend it - and your credit will typically be damaged. Or you can pay it under protest, then sue them for a refund - that way you are on the offensive, not the defensive, with bad credit for the time it may take to get resolution.
Let me know if you need follow up. Good luck.
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