I sent out a letter to an OC(Fingerhut) requesting they send me a copy of a signed contract and billing statements but they instead sent me a form to fill out called a "Declaration of Merchandise not Ordered" to be filled out returned by me. It also states that if I fail the return the form not completely filled out then it would result in them collecting the amount in dispute. On the bottom of the form it also says something about "It is a federal violation to use the U.S. Postal service to order merchandise and intentionally not pay for the merchandise(Title 18, U.S. Code Sect. 1341)". How should I reply?
It sounds as if they use this *form* to file a fraud claim. After you submit the form, they will run an investigation for fraud and will try to determine who really ordered the merchandise. They'll take about 30 days to investigate. The form they sent you will intitiate the investigation once you mail it back to them. However, I think the vets on this board would advise against signing anything. I'm not sure what to advise you. But I do know that if they can't validate the account, then they must delete. The burden of proof is their responsibility, not yours. Providing them your signature on a legal form such as this could come back to haunt you if they determine that you ordered the merchandise. Calmest_LA
Thanks Calmest! From my understanding, if I don't return the form they will assume that the account is indeed mine and continue to try to collect on it. Since it is an OC and they do not have to validate, does anyone else have any other suggestions on what to do next?
i actually got the same thing from a collection agency. It was basically a ceast and desist letter staing that I would not do their work if they can not prove I owe the debt they must delete it. In your case being that it is the OC they still have to prove it. I would not send it back. But I would respond in manner that notes again 1) that you dispute the debt. 2) that the debt is not yours. 3) that you have the right to dispute the debt and that is up to them to prove it.. I will search for that letter I sent the collection agency and if I find it I will email it to you. Oh by the way that collection I had was deleted. Kev da 700 club
