Family Law Questions? Ask a Family Lawyer Online.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. Can you tell me if they informed you of the costs of their "service" when they contacted you?
And did you sign anything?
Yes, I did not sign anything, they recorded my acceptance.
They did tell inform you of the cost of the "services" that they would provide?
*"they did inform you"
I think so, they said there would be a fee.
But they did not tell you what that fee would be?
Honestly it was so long ago I am not real sure if they gave me the exact amount or not.
Do you remember when, specifically, it was?
That is, was it this year, or multiple years ago, etc...?
After i called to cancel I thought this was over. It was maybe last June they said the credit card was sent in july that I never received. After going on line I read how this was a scam and called to cancell. they gave me a hard time about it so I just said cancell this and hung up.l
I am suppose to go to CVS a local drugstore and by 3 pre paid cards for 500.00 each and then call them when I get back and then they will re-issue the new card.
Thank you. One moment while I type a response...
This is not unusual that you have "less than completely legit" companies that provide these "services" that really end up being a new credit card that you transfer balances to. To the extent that it IS a credit card, they really can't hold anything against you with a verbal agreement.
That is the credit card agreement has to be signed by you.
And the fact that you never received it or activated it means that you really don't owe anything on it. They have not actually done anything other than send you a credit card (obstensibly) and unless they can show that they have given you an actual fee amount, then they really would have no case whatsoever.
A contract does have to be informed and knowing, and just saying a "fee" is not enough.
So what should I do should I just ignore this and don't answere the phone when they call will they actually send me court papers?
They would have to inform you of a reasonable estimate of the fees, or at least provide a service actually worth what they're charging you.
In accordance with the Fair Debt Collection Practices Act (FDCPA), you can challenge the validity of a debt. Following is a sample debt validation letter that you can use to request the creditor/collection agency verify that the debt is actually yours and you are legally bound to pay that debt. However, make sure you send the debt validation letter in registered mail.
Your NameYour AddressCity, State Zip
Collection AgencyCollection Agency AddressCity, State Zip
Re: Acct No. XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I am writing this letter in response to the phone call/letter received from you on (Date). In conformance to my rights under the Fair Debt Collection Practices Act (FDCPA), I am requesting you to provide me with a validation of the debt that you talked of earlier. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. (15 USC 1692g Sec. 809 (b))
I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you.
Please provide me with the following:
Agreement with the creditor that authorizes you to collect on this alleged debtThe agreement bearing my signature stating that I have agreed to assume the debtValid copies of the debt agreement stating the amount of the debt and interest chargesProof that the Statute of Limitations has not expiredComplete payment history on this account along with an accounting of all additional charges being assessedShow me that you are licensed to collect in my state; andYour license numbers and Registered AgentIf your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased.
Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge.
Your SignatureYour Name
I would certainly send them this letter. It appears that they're an out of country credit card issuer, and they would have to spend money to actually sue you if it came to that point.
It's not very likely that they would actually sue, because of the cost involved and because of the defenses that you would likely assert.
They only pursue legal action, generally speaking, against the individuals that they feel won't even fight it in court, and thus they can get a "default judgment" against them.
If you start mentioning your legal rights, it's likely that they will focus on someone else that they've got a better case against or is more likely to pay.
Like I said I am not sure if they gave me the actual amount the first time, but they did today. They even knew about my stepfathers account that my name is XXXXX XXXXX said they knew I had the funds. I don't actually have an address for them. I truly think this whole thing is a rip off. i am 64 years old and have never been sued or debt collected on before.
It probably is a rip off, and you can assert that under Federal law, if they don't have your signed agreement to the services, they can't sue you for this credit card debt which you did not actually undertake.
they actually tried to tell me someone else in my house activated this card. It is me and my son I kinow that is a lie.
It really sounds like they will say anything that they can to try to get you to pay.
(which is the mark of a scammer or a really desperate debt collector that has nothing to back up the threats)
yes and when they first called it was a really high pressure sales and I caved in.
So do I just ignore and wait and see if I get sued or what do you suggest.
Understood. But again, you can state that they don't have anything in writing and nothing that proves that it was activated or that you received anything.
I do have a number I am suppose to call when I get the 3 prepaid cards from cvs
I would send that demand letter that I mentioned above (if possible). You mention that you don't have an address, and if you can't find one, you might need to wait until they do contact you.
You can call them to see if you can get an address.
But if you can't find one, you might need to wait until they contact you
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Did you have any other questions before you rate this answer?
Should i just ignore them and hope they don't sue or what they are not going to give me and address I can guarantee that. I am sure when I don't call them with the numbers on my prepaid cards they will be calling me back. they kept making me say that a clear yes or no that I will be making my payment today. I finally said I guess yes. Definately high pressure to the point that I was almost in tears.
I understand. Did you see my response to the above? I said that if you can find the address (through calling them, etc...) send that debt validation letter above, via certified mail. That would show that you're serious.
(and that you know your rights)
Any collection efforts would have to be in compliance with the Fair Debt Collection Practices Act (FDCPA) which that demand letter asserts your rights.
So even if they did say that you were late making a payment, to collect it they would have to comply with the FDCPA.
Should I call them and tell them I am not going to pay and tell them know my legal rights.
(assuming you can't find an address elsewhere)
(...to send the demand letter that would demand verification)
Maybe I should tell them I have consulted a lawyer and go ahead and send the court papers?
I am sorry I am so upset.
I wouldn't tempt them at this point with that. I would save that threat for the future, and also threaten bankruptcy if they were to actually do that. The reason bankruptcy is a threat is that if you were to file, they would have no claim against you. So any costs that they incur in court would be discharged and lost to them.
Bankrupcy would be out of the question because my stepdad has me on all of his accounts house everything because I am his only survivor and everything is paid off.
I understand. I'm mentioning that possibility as a bluff.
Can they actually take money out of my accounts to pay this\
Typically individuals that use these "services" are financially strapped and would be on the verge of bankruptcy anyway.
They cannot take money out of your accounts without going to court first, getting a judgment against you, and then seeking to execute on that judgment with a levy, garnishment, etc...
It's possible, but they would have to sue you and win first.
oh so call to get address or find address and send the letter is the best way to go.
That's what I would do if I were you.
If I call I will wind up in more trouble I will try to get address some other way.
You shouldn't wind up in any more "trouble" so long as you don't actually give them access to bank accounts, etc...
And if they don't give you the address, it would be best to get the address some other way, yes.
Hope that clears things up. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time >40 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!
No thank you so much. I will try to get the address.