I just got a collection letter from a mail order catalog for an order I returned to them. The merchandise was ordered over the internet. I returned it to them and they never credited me back my money. Finally almost 3 months after returning the stuff, I called my credit card company and had them send back the charge. I have tried telling the company several times that I returned the merchandise and they just keep sending me letters requesting payment. The letter I got today is from the mail order company and NOT a collection agency. They say in the letter that I must pay them or they may report it to a CRA. They then go on to say they will report it as disputed if I dispute it with them. On the bottom they quote section 809b of the FDCPA. I am a little confused here, doesn't the FDCPA only apply to 3rd party collectors? Why would the OC be quoting it in their letter. How do I respond to this??
sounds wierd, with the FDCPA they would have to notify you of your right to dispute the acct and obtain proof of the debt do you have ant type of reciept showing that you returned the merchandise? did you pay for the returned merchandise with a CC? if so the FCBA would apply here, anybody else have some input here?
did you pay for the returned merchandise with a CC? fun4u2 ========================== Finally almost 3 months after returning the stuff, I called my credit card company and had them send back the charge. GRTDLS Did you ignore or disregard this? Perhaps you weren't paying attention. L O L Never read the fine print. There ain't no way you're going to like it.
It'ld be interesting what they respond with when you execise the validation rights. "Sorry, as an OC, we don't have to respond to your request for validation?" Maybe they are covering their a$$ets, maybe someone already called them on their company not playing 100% by the rules, so they're playing by all the rules, even when all the rules don't apply to them. When you sent the merchandise back, did you send it via a trackable method? You will need proof that they received the merchandise back, and not just that you had sent the merchandise back to be fully protected, because until they actually receive it, they have to presume that you received it, and are still in the possession of it.
