Not sure if this is the right forum or not so please direct me if inappropriate for this one. My daughter (now 18) worked for Hollywood Video when she was 16. She quit appropriately (written notice, appropriate amount of time), returned some movies she had borrowed (I know because I had to drive her to return them ... she wasn't driving yet). HV has placed a $201 debt with a collection agency and they say it was for some movies that were not returned. HV is totally unreasonable and stands by "their records". We pulled her credit report from equifax and sure enough it's listed with Credit Protection out of Dallas. Disputed on-line with Equifax came back as verified. Called Equifax and said investigate it again. Will now take 2-3 weeks. What in the world do we do? Pay the $201 (even though it's totally bogus). It's a shame she's got a negative ding on her report already for some BS. Is it legal to place this with an agency since she was 16 at the time and therefore couldn't be bound by a contract? Any help appreciated.
$201? They were some pretty expensive videos. First of all, (and I hardly ever recommend this), don't pay it. Your daughter returned the videos (with you as her witness) she should not have to be accountable of a debt that is truly not hers. I would also send a letter to the executive offices at Hollywood Video detailing what has occurred. Will they do anything? Who knows, but it is worth a try. The next thing I would do is send a validation letter to the collection agency. They have 30 days to validate it, if not they must delete it off her credit report. Taking into consideration, that she was a minor this will never hold up in court, but she shouldn't have to start her credit life under such stressful circumstances. Good luck. Dani
I would send a validation letter to the CA, making them prove she owes the debt. I think it is legal even though she was only 16. Good luck to you (and her)
According to the CA who called me about medical bills my 17 yr old daughter signed for and the hospital and insurance screwed up on, they can't report it and the contract is invalid since she was a minor when it was signed. However, they will try to collect once she's 18. (Which they did.)
Did that video store give people a receipt. when they returned their movies? I would guess not as I always just hand them to the clerk or drop them in a drop box. I managed a video store and we could never make anyone pay for a lost movie or report it to CRA as we never gave a rect. so how could the renter have any proof it was returned. Give them hell. I would, as someone else suggested, call their head ofice. It is much easier for the poor overworked executives ( Laugh, laugh ) to just delete it than continue to argue about it and create more work for themselves or someone else.
The movie has a LIFE OF 100-200 VIEWINGS (GUESSING)...so they are going to buy a new one anyway if it is a good RENTAL...if it is not...they will TRASH IT or SELL IT for $1.00-$5.00.
Thank you all for your responses. I will send a letter to the CA and a big whig at HV's headquarters. Any advice on wording? Part of me wants to be nasty, but part of me doesn't want to antagonize anyone because no one has contacted daughter about this and I don't want to stir up the hornets nest so to speak.
George, we used to rent videos upwards of 1000 times before they ( the owner ) decided they were toast. Then he would put them on the for sale rack and make more $$.
I agree with Dani, send the exec's a letter and PFB them. Send a validation letter to the CA. Even if Hollywood tells the CA to delete the tradeline the CA may not. Then you should have the CA on multiple FDCPA violations. Charlie
My daughter had similar situation. We disputed with HV and it was removed and received a letter to confirm removal. Good luck!
Do not call or send a regular letter to anyone right now. You might hurt yourself if you do. Do not let your daughter or anyone else ever talk with the collection agency. This is an easy one. search this board and send a validation letter. This letter basically says prove it or cut out collecting on this debt. Once they receive this letter, they must do several things. They must cease collecting in any form until they have sent you validation from the original creditor. they must put a notice that you dispute the debt on your daughter's credit report also. If they call you, send a letter other than proof of the debt, or look at her reports/and I would add keep reporting the debt... then they start violating the fair Debt Collection Practices Act, the Fair Credit Reporting Act... and perhaps some state laws depending on where you live. Now... expect them to send you a printout and nothing more and call it validation. It's not. they need a signed contract too.. They may do one of 2 things.. they may drop the issue (and you need that in writing) since you won't allow your daughter to be blackmailed into paying a bogus debt... Or they may act like they've validated and continue collecting... at which time... if you can stomach it (and it's really no big deal)... then you can have your daughter sue. this would be a hard debt to prove as she was underage and you witnessed her returning the videos... Normally... if (when) a CA violates the laws the penalties are up to 1k or your actual damages, whichever is greater... so a wrong 200 debt can cost them thousands.. Send the first validation letter certified return receipt (with your daughter's signature) of course and see what happens. Likely they'll screw up and it gives you more leverage. You really need to take this one by the horns and play hardball... it puts you in a better position and ultimately.. a pfb letter or call to someone could actually accidentally hurt you later. Send validation letter 1 Send validation letter 2 (about 30 days later)... and if they don't remove the debt and back off in writing Note: this letter is different from the first... it says that you haven't proved the debt... so now it doesn't exist... remove the reporting etc) well... sue them if they violate the law. Or, a most effective way to get it off is to then send a 3rd letter to the original creditor showing the first 2 letters, proof of receipt, and a list of the collection agency violations along with the statement that original creditors are responsible for the violations of their collection agencies... and have the video store remove it completely and send you a letter confirming there is no debt and that they will never try to collect on it (or send it to another collection agency) again... The reason you attack the underlying debt is because you want them to stop reporting and collecting on this debt completely. If you just dispute with the credit bureau then then collection agency can keep pursuing her... can sell it to another collection agency... could sue her for the debt (highly unlikely)... but even a collection agency inquiriy into her file is very negative... so you want the debt... not just the reporting of the debt.... to go away... and when they back off the debt.. you want the trade line and all inquiries to also be removed. As an aside... if this takes 45-60 days and they're not budging... and you send an intent to sue letter... (demand letter)... then you'd want your daughter to apply for credit somewhere and get denied. Judges always ask "what are your damages?" and you have to have some if you sue... but if it gets that far... we can give you our layperson advice there too
I agree with MARIE on this. I delt with this CA they will not validate and will violate FDCPA & FCRA They deleted almost imediately upon reciept of my estoppel letter. Don't volunteer any info to them. The burden is on them.
What state is the video store in? when you say borrowed-did she rent them under her employee account?
The store is in NC. I guess you would call it an employee account ... they were just allowed to borrow movies at no cost to keep abreast of them I guess. From my daughter working there, she said it wasn't uncommon for movies to be checked in correctly and there were numerous times a person was charged late fees because an employee hadn't checked the movie in properly. I, personally, was being charged for a movie (happened to be an old Hitchcock that they only had one copy of). I had to go get it off the shelf to proof to the girl that it was returned.
I had HV do something like this to me recently.I returned 3 dvd's & went to rent more 2 wks later.They say the first ones were not returned.I argued with the woman & finally walked over to the shelf & pulled the dvd's off the shelf that I supposedly still had.She opens them & one of the discs is missing & the manager wants me to pay for it!!!! I told him bluntly that I would never pay $100 for a movie you can buy at wal mart for $15........lol He dropped the issue after I called the district manager..............hehe
If it's an employee account, then I definitely wouldn't talk with them or give out or agree with any of their information. Make them prove it... a signed agreement about rentals... a receipt showing she even checked it out... and the underage issue may still be an issue even if they can prove the above...
