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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33374
Experience:  Began practicing law in 1992
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After returning from a taxing trip from east coast to west

Customer Question

After returning from a taxing trip from east coast to west coast and back, I received a call from a company saying they could take my one credit card and transfer the amount on it (about $4800 after the trip) to another of my credit cards and get me 0% for the whole amount....the bit left on the 2nd card (about $3000). In the interim of listening to their spiel, I was transferred to no less than four women, and one in particular had a very difficult to understand Hispanic accent; who kept saying something about $995 which I questioned, but which was somehow pushed away. I am very hard of hearing to boot, which did not make it any easier to understand. They told me I was being recorded, and I said okay, I have nothing to hide. Ultimately to make the long story short, I asked them after about almost an hour of being put on hold, sent to another person, etc., ended up talking to a "financial adviser". I said I already have one & did not need to talk to her. But she insisted. I also told her "Why would I need you to transfer money from one of my credit cards to the other one at 0% when I could, and in the past, have done it for nothing. By this time I was told they were emailing me a contract etc., and a paper copy both of which needed my signatures within a particular time. I hung up. When in the light of day I read the email they sent me (less than 24 hours later) I realized their $995 fee for doing the transfer (they talked to my credit card bank personnel admittedly while I was listening) was included in the amount they were transferring to the 0% card. I did not sign the contract, and sent an email saying I was not going to, and would not agree to the contract. This was less than 24 hours after talking to the "financial Advisor". I called my credit card bank, spoke to a financial person there, explained what had happened, and asked if, it being my card, I was able to cancel the transfer. It was possible, and it was done. Not only that, I asked for a new card with new account number of course, with the previous balance on it. That was done immediately. Still, today I have received the paper copy of the "contract" and am asked to sign it so that they can collect their $995 for arranging the transfer of owed money from one of my cards to another. Question after all this is: 1. Do I need a lawyer? And 2. Are they going to ruin my credit score which as of now is well over 800. I have no excuse for being dragged into this situation except for jet lag, no sleep for over 48 hours, and my hearing loss (70%). Thanks
Norma S. Nabut
North Carolina
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

1) It would certainly make it easier on you and less likely to affect your credit score.

2) They can put it on your credit and then you have to fight to remove it. Your best bet of not having any issues with this is to hire a lawyer to send a letter to the company and the credit reporting agencies.

As to whether you are bound without a written contract, oral contracts can be binding. However, you have a defense in that you didn't understand the actual terms and you can argue that there was no "meeting of the minds". Naturally, a lawyer will be able to express it in the correct terms and make the appropriate "threats" to keep this from going any further.

Customer: replied 1 year ago.
I suppose my stupid situation is fairly confusing. For instance, I realize my credit score will be totally shot down, and it is excellent now. I have not much defense according to this lawyer. He seems to be telling me I screwed myself. Thanks anyway.
Expert:  Dwayne B. replied 1 year ago.

I disagree with whatever lawyer you are talking about. While certainly you are not in as good of a situation as if you had never agreed to this. However, most of these companies will back down when faced with the possibility of a lawsuit and the fee charged is unreasonable and not something anyone would expect.

Expert:  Dwayne B. replied 1 year ago.

You should talk to some other lawyers because most of them would be willing to send a few letters for you for not much money and I suspect this just goes away without a signed contract.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.