Please Please Help. A couple of months ago I met with this timeshare in Las Vegas. I signed a cotnract while there and then cancelled it. We then discussed and agreed on another arrangement. They mailed the documents. The sales person told me that I needed to fly back in because they could not initiate any documents out of state. By mistake the agreement was mailed. Now on the phone the representative and I had agreed that the downpayment would be $1170.00. When I got the documentatin, I made the change on the contract and initialed it. I got a bill from them and called and expalined that this was a mistake as the contract had been mailed by mistake and I wasn't present for the notarization. I was told to go ahead and mail in a payment so I would not damage my credit and they would work on this in the meantime. Meanwhile I am now in default.. I can't keep sending them money for something I am not interested in. Yet, I can't get them to back off. Now they want me to mail them the back monies and the money that was short for the downpayment. The collection representative states that both parties must agree to any changes in writing and the documents are supposed to be re-drawn. I keep hollering that this is not a vaild contact then and they can't keep trying to force me to mail in money. NEWS FLASH NEWS FLASH!!!!!!! Just got a call from the collection department offering to correct the loan documents by drawing up new documents so that the outstanding balance will be financed into the loan as originally agreed. Additionally, they asked that I agree to pre-authorized payments on my credit card for the maintenance fees. I told him I agreed. I figured I should have him send the paperwork becuase maybe this will be proof that they lied and tried to enforce a contract that is not enforceable. Now......any advice as to how I can get them off of my back? I got a complaint form from the State of Nevada, Department of Business and Industry Real Estate Division. Is there something I can file with the FCRA or the Fair Debtor..??? Act or the District Atty or something? Please send all suggestions! Thanks Guys.
Not sure how much I can really help you out here, but here goes: Since you're receiving calls from a "collection department", I believe they would fall under 15 USC 1601, or better known as the Fair Debt Collection Practices Act. Here's a link to it: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm Under § 808. Unfair practices [15 USC 1692f]: [ pay particular attention to subection (2) ] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ---->(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. (5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. (6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest; (B) there is no present intention to take possession of the property; or (C) the property is exempt by law from such dispossession or disablement. (7) Communicating with a consumer regarding a debt by post card. (8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business Now from what you wrote it sounds like they just spoke to you tonight, which means within the next 3 to 10 business days they need to notify you in writing of their intentions to charge your c.c. If they do not do this, they have violated the FDCPA. Now in violating the FDCPA, you now have leverage against them. I suggest, if you have the time, to read the FDCPA and the FCRA (Fair Credit Reporting Act) to get a better understanding of your rights under both, not only for this situation, but for any other you may encounter with other creditors, collectors, etc.
Thanks for responding. I am hoping to find an attorney that might be able to negotiate this thing. These people are such slime balls. If they end up damaging my credit then maybe I can use some of the tactics here to get it off soon. Good thing for me is I am building good credit so this little hiccup might not be too damaging to me. Any suggesting on what kind of atty to look for?
