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    jepimpalot's Avatar
    jepimpalot Posts: 5, Reputation: 1
    New Member
     
    #1

    Aug 31, 2009, 12:23 PM
    Verbal agreement is it legal
    So I am in PA. I got this phone call a while ago from some magazine place trying to get me to sign up for this deal. The company is located in Colorado in case that matters at all. So they managed to talk me into this deal (I should have hung up right away). After thinking I called and told them I wanted to cancel and they said it wasn't processed yet but they would take care of it. Well what happened was they billed my checking account and I didn't have the funds available cause I thought I had canceled it and didn't feel the need to put money in. Well now they are calling me saying that I owe them 1000 dollars and they are going to send it to collections. But I really don't even know what the agreement I signed up for. I was suppose to receive a 1000 dollar shopping spree which I never received so can they legally really do anything? They sent me papers to sign but I never signed them and mailed them back. So what should I do how do I get them to stop calling and how would I defend myself if it is sent to collections?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 31, 2009, 02:49 PM

    Hello j:

    You're in a pickle... I'll bet you made a verbal contract with them that they've recorded... Therefore, no matter what else happened or didn't happen, you made a legal agreement and didn't have the right to break it.

    I'm not blaming you for it. I'm just saying, that if it gets to court, you might lose... Do you remember if you DID make one, or do you remember that you positively didn't?? Completing a telemarketing sale with a recorded CONTRACT is standard operating procedure, these days.

    In either case, you want out. Write them a letter. Tell them that you didn't receive what you were told you would receive and you absolutely, and unalterably cancel the contract at this point. Tell them further to cease any and all collection efforts against you, and if they damage your good credit rating, you'll sue them for the maximum amount allowed by law.

    Send the letter certified, return receipt requested, and maybe they'll go away.

    excon

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