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Dave Kennett, Lawyer (JD)
Category: Legal
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Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I bought a couch From Slumberland and we had problems with

Resolved Question:

I bought a couch From Slumberland and we had problems with the color wearing off the leather and the leather was dry and tearing at the seams. So we called them and they sent out a guy to look at it. The guy said that the leather was bad and couldn't be fixed. So we went into slumberland and talked to our sales person. He told us we could have another one sent out or we could pick something else out. So we picked out a leather couch that was made in the USA not China like the last one. Well Slumberland called and wanted to pickup the old couch before our new one was in, We said no, They then said it would have to be picked up after, We said fine. The new couch was delivered and a week later they pickup the old one. Slumberland called us 2 months later asking to pickup the couch, We told them they already did. Now Slumberland wants us to pay $4000 because they said they didn't pick it up. I have a collection agency bugging the hell out of me. What can I do?
Thank you
Pete

Submitted: 10 months ago.
Category: Legal
Expert:  Dave Kennett replied 10 months ago.

DearCustomer- Obviously you have to dispute this alleged debt. You need to send the collection agency a letter by certified mail stating that you do not have the couch in question and that it was picked up on or about whatever date you believe they took it. If this ever goes to court you can ask for all the records of Slumberland's delivery vehicles in order to establish when they were at your home. I suppose no one ever gave you a receipt for the other couch when it was picked up but if you have that it would solve the situation. It makes no sense that you would have kept an old couch that was defective and it also makes no sense that they wouldn't have come out to get it since you would have had no way to deliver it to them.

Someone has screwed up the records so you have to stand your ground and defend yourself. The collection agency is simply going by what they were given by Slumberland so eventually you are going to have to get the delivery records if this is not resolved.

Dave Kennett, Lawyer (JD)
Category: Legal
Positive Feedback: 98.3 %
Satisfied Customers: 27592
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Customer: replied 10 months ago.

they say they have no record of the couch being picked up. I never thought that I needed a receipt from them, they never gave me one. So now it comes to my word against theirs. They told me it would be on record if they had picked it up. I'm screwed


 


Pete

Expert:  Dave Kennett replied 10 months ago.

I don't think you are screwed. I would do as I said above and contest this. I would think that any judge would believe you over the store in this situation. There's simply no reason you would not have allowed them to pick up the old couch. I would not cave into their demands. Obviously they are the ones with bad records and since it is your word against theirs my feeling is that a judge would not believe you would have wanted to have two couches, one of which was defective. It makes no sense.

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