My conundrum is quite lengthy. Please forgive my wordiness but I thought more details were better than none in this case.
My husband was called one day from a company he never gave his number to.
They told him that he "won" magazines and to get them he would have to buy 5 other magazines at a discounted rate to get the "free" ones. He says that they recorded him answering "yes" to some questions. When tried to answer "no" or would say anything other than "yes", they would tell him he had to answer "yes".
He soon received a lot more magazines than he agreed to, along with a bill for $1400. When he tried to cancel the magazines they told him that he couldn't and that to get out of the contract he had (supposedly) entered into, it would cost him $800.
They strong-armed him into making a payment via credit (debit) card. When they charged his acoc**t they did so for more money and more often then he authorized. He had his debit card
cancelled but they didn't stop their tactics.
At one point this year he started getting calls from a guy implying that he was some sort of attorney and that he needed to talk to my husband about an urgent matter. We ignored his calls and voicemails and he disappeared.
Here we are, 4 years after the call that started this chaos and he got a collections notice today from an "Empire Collections Authorities" that clearly does not have the wording on it telling us how we can dispute this ridiculous debt. The wording in the notice is very unprofessional and has scare tactics implying that their "client" wants to file suit against my husband. This is not only the FIRST time we have ever gotten a notice from this particular company, but the name of the original creditor is never the company that tries to get us to pay on this debt. In addition to that, there are 2 accounts with the collections company. My husband says that after the first call offering him "free" stuff, he got called again and somehow got roped into more scam charges.
We live in Louisiana which I know honors a verbal agreement as being legally binding, but can it really be enforced because all my husband said was "yes" to something that he was deceived about and I know that voice recordings can be altered. He signed NOTHING and we were wondering if we should not only have an attorney (or we could) send a cease and desist letter, but also file complaints
against the collections company but the original creditor as well? Is he legally bound to this debt or should we pass it off as simple strong arm tactics by a scammer, hoping they could scare us into paying? Or should we send a dispute letter to this joke of a credit collections company asking them to prove, in writing, where/when my husband signed any contract? We checked his credit reports and none of this "debt" is on any of them.