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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 30285
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I am having a situation. I purchase some furniture from

Customer Question

Hello, I am having a situation. I purchase some furniture from a store in August of 2014. I was contacted in May 2015 stating that I was never charged for the rug that I received. I financed the furniture and paid the bill off in February 2015. Do I have a case ? I feel that I should not have to pay because the transaction happened over six months ago.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Before I answer a bit more detail would be helpful please.
Were you aware that you were not charged for everything purchased?
Were you charged the price in the purchase contract?
Thank you.
Loren
Customer: replied 1 year ago.

I was not aware that I did not pay for the whole purchase. The problem is, is that when I received the rug it was the wrong rug. I took it back to the store and received the right rug. The rug was discounted from the original price because it was the floor model and it was frayed.

Expert:  Loren replied 1 year ago.
Did the contract reflect the entire price? Do you dispute that you did not pay the agreed price?
Customer: replied 1 year ago.

I went to the store and my receipt does not match theirs because the rug was discounted. They have sent the price of the rug into collections. The price is $276.99. The problem that I am having is that I never did receive a receipt for the time that I took the wrong rug back into the store.

Expert:  Loren replied 1 year ago.
I would take the position that you paid what you were charged and they can not prove you did not pay the agreed price.
Expert:  Loren replied 1 year ago.
The burden of proof is on the seller.
Expert:  Loren replied 1 year ago.
Did you have any further questions? Have I answered your question?
Customer: replied 1 year ago.

How do I stop the payment from going into collections and destroying my credit ?

Expert:  Loren replied 1 year ago.
You dispute their claim in writing. As I said, the burden of proof is on the seller to prove you owe them money.
If they report it to a credit reporting agency you can dispute it in writing and if it is inaccurate the reporting agency is required by law to remove the item.
Best regards.
Loren
Expert:  Loren replied 1 year ago.
Did you have any further questions? Have I answered your question?

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