stop payment & CA

Hi everyone. I had recently found this site and have been quietly following everything I can before attacking my credit reports. But I have had a situation come up, and I'm at a loss:

On Sept 6 of last year I bought some software from CompUSA, when we got home, we discovered the software was not in the box--just the jewel case. I went back to CompUSA, and explained the situation, and basically was accused of stealing the CD! I talked to a manager--no luck, I called the store manager, and despite a voice mail that reassured me he would call back within 8 hours, I never heard from him. So, being the bright person I am, I stopped payment on the check--seemed reasonable at the time...why should I pay for something I didn't get?

In Sept telecheck started sending collection letters. On Sept. 30 I sent a dispute letter - no response. In December I received another collection letter, redisputed, and sent a copy of my first dispute. No response.

Today, I received a settlement offer with a whopping 50% savings. Do I have any recourse? Do any of the alphabet Acts protect me since this is not a charge, but a stop payment? What should I do next?

Thanks in advance!

 

CompUSA's is the customer listed. My bank stopped payment in time (cost me $25.00)

 

My only formal complaint was in person at the CompUSA store. This was in my younger dumber days (before finding this site), so I didnt complain in writing to CompUSA. My first dispute letter to Telecheck did spell out everything I had done to try and resolve the matter.

 

bump

 

Dear Butch,

Didn't think yall were ignoring me--I was just fading fast into page 3 purgatory!

I'm not interested in the software, see letter below.

Don't remember whom I spoke to, other than by title.

Yes, I sent my complaint to Telechek CRRRR
They told me (on the phone) I had to deal with the OC (CompUSA).

To Whom It May Concern:

I dispute the debt in the amount of $62.08 completely. I purchased a computer game from Compusa, which required a CD-rom to function. I took the package home, but before ever opening it, my husband told me he had this particular expansion pack as part of a â??Gold Collectionâ? he had bought (from Compusa) months before. When I attempted to return the game to get my money back, the rep at the returns counter showed me a piece of tape on the box and said they didnâ??t do that. I tried to explain that the box was like that when I purchased it, and I had just assumed since it was on the shelf, it was something the company had done. The manager on duty was absolutely useless, and I was basically accused of lying. I became suspicious, and opened the box, at which time I discovered the CD was missing from the jewel case, and was probably shop-lifted at some point.

I have tried repeatedly to contact the General Manager at the store from where I made the purchase to resolve this matter. Each time I get a voice-mail recording that either he, or someone else will return my call within the hour. I havenâ??t counted the number of hours I have waited with no response.

I am neither a liar nor a thief. I did not receive the goods for which I paid, and absolutely will not be responsible for any companyâ??s lack of adequate loss prevention procedures. Making an unknowing customer responsible is unacceptable. That makes them the thief. I will however, be more than happy to return the empty box to them if they would like to make arrangements for it to be picked up.

Since TeleCheck has â??purchasedâ? my stop payment check without ever questioning why the payment was stopped, it seems Telecheck needs to contact whomever at Compusa to resolve this issue. I cannot be held responsible to resolve this issue directly with them and Telecheck at the same time.

I would also appreciate the name and address of the original debtor.

Your attention to this matter is appreciated.

(OK, nobody laugh at this letter please! It was dated Sept. 30, 2001)

I sent this same letter 12/31/2001, with a cover that this was the 2nd time I had disputed with no response.

I did not hear from them again until just the other day. I kept the empty box until June, when we moved, (needed all the space I could get!), and since I hadn't heard from them in 6 mths, I thought it was over.

And thanks for the kind welcome!