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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33738
Experience:  Attorney for over 15 years, landlord 26 years
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An insulation company came through the neighborhood that we

Customer Question

An insulation company came through the neighborhood that we lived in and told us that they where in the area updating insulation. They told us that Therm Wise paid for it through the rebate and if it didn't qualify for the rebate we didn't have to pay. They would fill out all the paperwork and when the rebate came in we send the check to them. We were just renters. They filled out paperwork wrong and now attacking my credit. Can they legally attach my credit?
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you actually sign any contract with the company or did your landlord?

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Did you tell them that you were just renting the property or did you say you owned it?

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Are they trying to get you to pay for the insulation costs?

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thanks

Barrister

Customer: replied 1 month ago.
I signed the contract and yes I told them we just rentors And yes they are trying to get me to pay for the insulation
Customer: replied 1 month ago.
reported on my credit report as unpaid
Expert:  barristerinky replied 1 month ago.

Ok, if you disclosed that you were renting, and not the owners, then they would have voluntarily undertaken the risk that they wouldn't get approved for any rebate/payment.

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So your recourse here is to file formal disputes with all 3 credit agencies (Experian, Equifax and TransUnion) and dispute the reporting and request that it be removed. They will then contact the company and request validation that you do owe the debt. If they don't provide it within 30 days, by law they have to remove it from your reports.

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As for the company, if you have your written contract and it states that if they can't get it approved, you don't pay them anything, you can sue them for breach of contract as well as for libel and defamation for reporting this in violation of the contract.

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They likely do this to a lot of people and if you have a local attorney send them a cease and desist letter threatening to sue them unless they contact the credit agencies and remove the entry, they likely will just drop the matter and move on to other people to try and scam them.

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thanks

Barrister

Customer: replied 1 month ago.
Thank you very much
Expert:  barristerinky replied 1 month ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister

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