Oh Dear...being taken to court...need legal eagles. - Page 2 - PeachParts Mercedes-Benz Forum

dkveuro · #16 03-19-2008, 10:23 PM

Quote:

Originally Posted by EricSilver

This is pure BS. Stop worrying and don't lose any sleep over it. If they had the ability to do what they threatened, they would already have done it, with no warning, i.e. a summons delivered by a Sherriff's Deputy.

Question: Did you receive any of those magazines throughout the past years?

First, NEVER send them a check, or reveal your account number. Second, stop speaking to them.

I did get ONE or TWO at first but what with the divorce it all got complicated and then I called Allied Publishing today, they had my name okay and told me the mag's where delivered to my P O Box. I told her that there was never more than one or two and the VW Trends I wanted, never arrived.

I called the local Court House and there's no filing against me...they all know me up there too. I had the County Court Clerks daughter tee bone my truck a little while ago knocking my dog out onto the road..

They all thought I was real nice and liked my accent. I told them my dog was fine and they all wanted to see him. So we is all friends now.

.

EricSilver · #17 03-19-2008, 10:43 PM

Quote:

Originally Posted by dkveuro

I did get ONE or TWO at first but what with the divorce it all got complicated and then I called Allied Publishing today, they had my name okay and told me the mag's where delivered to my P O Box.

Like I said, don't worry about this at all. You can't "owe" for what you never received (and Allied would never deliver magazines for five years without receiving payment).

Jim B. · #18 03-19-2008, 10:45 PM

Privity of contract?

http://en.wikipedia.org/wiki/Privity_of_contract

MTI · #19 03-19-2008, 11:01 PM

Assignment of legal right.

dkveuro · #20 03-19-2008, 11:37 PM

It would appear that Allied Publishing is open to being sued for 'Breach of Contract' according to this, for 'non performance'....being as I did not recieve all the magazines ordered.

http://www.lectlaw.com/files/bul08.htm

Well ladies and gentlemen...an altogether productive day what with all this legal and semi legal help.

I feel I have nothing to fear and a good reply should they call again. They have never written.
Like I said earlier, after I told her I would await their summons to appear, she hung up on me. Done job if you ask me.

What a remarkable pool of knowledgeble people we have at our disposal in Mercedesshop.com

Thank you all once again.

.

Hatterasguy · #21 03-19-2008, 11:57 PM

Wow I would have laughed at them. First they are going to hire a lawyer to sue you for $1,600! Sure they are going to pay a lawyer many times that to collect, yeah right.

Secondly no real law office would call threatening you like that. Play that tape in front of the judge, heck I would want to play that tape in front of the judge.

I'd report them to the attorney general. If they call again say whatever you want to them have fun. I can suggest some good lines.

EricSilver · #22 03-20-2008, 12:01 AM

Quote:

Originally Posted by dkveuro

I feel I have nothing to fear and a good reply should they call again. They have never written. Like I said earlier, after I told her I would await their summons to appear, she hung up on me. Done job if you ask me.

You called their bluff, and they folded like a cheap lawn chair.

Medmech · #23 03-20-2008, 06:22 AM

Quote:

Originally Posted by dkveuro

It would appear that Allied Publishing is open to being sued for 'Breach of Contract' according to this, for 'non performance'....being as I did not recieve all the magazines ordered.

http://www.lectlaw.com/files/bul08.htm

Well ladies and gentlemen...an altogether productive day what with all this legal and semi legal help.

I feel I have nothing to fear and a good reply should they call again. They have never written.
Like I said earlier, after I told her I would await their summons to appear, she hung up on me. Done job if you ask me.

What a remarkable pool of knowledgeble people we have at our disposal in Mercedesshop.com

Thank you all once again.

.

Congratulate the collector on buying crappy debt!

Jason Beal · #24 03-21-2008, 01:13 AM

We got a "collection" like this as well. It was a bill dating back to 1993! The term is "Zombie Debt", where collection agencies buy expired debt @ 10 cents on the dollar then attempt to collect via threats. Over time, they would send new bills claiming they would "settle" for a smaller amount. Eventually they gave up. We just ignored them.

speace · #25 03-21-2008, 08:06 AM

The relative I mentioned above has dealt with at least three companies on the same aleged debit. I don't think in his case the debt was even his originally. In each case he first asks them for documented proof that they never produce, then on the second contact he sends them the letter I mentioned above. At that point they stop contacting him, but in a year or two the debt gets sold to YET ANOTHER agency and it all starts over again. It should be illegal to sell that debt once the victim disclaims it and requests to never be contacted again, but apparently it is prefectly legal...