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Scammed by CA and client?


Paul
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I ordered copier supplies online with payment via my AmEx card. Supplier phoned to say they don't take credit cards. (even though they showed the card logos and order form required CC info). They asked for payment by check or m.o. instead. I refused and canceled the order, and placed order elsewhere. I heard no more until 18 months later when I received letter from a Collection Agency accusing me of obtaining credit by fraud etc. I wrote disputing the debt. I do not remember receiving any merchandise and asked for proof of delivery and have offered to return whatever (if anything) they had sent from our current inventory if they would produce a delivery or shipping note showing details including weight. They have refused this, and keep phoning and writing with baseless accusations and threats. I have sent them a certified letter that simply stated that the claim still remains in dispute for all the reasons stated in my previous faxes. I informed them that I would defend their forthcoming lawsuit and asked that they not contact me further other than with a summons. They have called me twice since and have sent another threatening letter this time to my home address. All previous letters were to my office. This letter also had my SS# on it so they must have investigated my credit. Their original claim was for $350 but they now want over $1000 for investigating my assets!

I have checked my credit report and my score is still over 900 with no negs. (Yet!) I think I need legal represenation to prevent any damage to my credit rating and to defend the case in Court

At no time did I apply for credit with their client, even though they have accused me of misrepresenting my company's financial condition. (I am a sole prop anyway!) I have found out that they were not authorized to accept credit cards and therefore took orders by false pretenses. It is strange that they would never contact me for over a year, and then only through a collection outfit. Most people, including myself had forgotten all about it and without some kind of documentation I really don't know what was shipped my firm. I had canceled the order as they would not fulfill it on the terms agreed on which was payment by credit card only. They were the ones who attempted to change the terms of the contract. I will only order online with companies unknown to me only if they accept credit cards, as if I pay cash I have no redress if there is a problem. I suspect that their CA is all part of the same scam.

What would be the chances of them getting a judgment, and is there any way they could get one behind my back? I have a copy of the order I originally submitted online which clearly shows my credit card information in the space allocated. American Express confirm that this vendor is not authorized to accept credit cards nor to display their logo.

AMEX have referred the matter to their fraud division and will probably go after the vendor but that is between them. In the meantime I have made a complaint to the AG in the vendor's State. (Their CA is in a different State, and I am in yet another State.

They have told me that they are prepared to spend whatever amount of money is necessary to collect, so I have no doubt that they will sue. As the amount is small. do they have to take it Small Claims Court, or can they sue in Superior Court? If it is Superior should I hire a lawyer to represent me? What would be their chances of getting a judgment?

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Geesh....are people still pulling this scam? I ran a consulting company office in Ohio back in the 70's. Our office manager got a call that where the voice said "hey, we made a mistake and just shipped a box of Xerox paper to your office. We know you didn't order it, but rather than us having to pay to have it shipped back, if you buy it from us, we'll give you have off". Our OM said NO, and hung up. A week later we got a bill (never did get the paper). We didn't pay it...a year later, we got a call demanding payment.

Bottom line...we had to get the corporate lawyers involved. So...get an attorney.

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CLG--TU revamped their scores... 900 is A paper (700+ in the old days, etc.) and 700-800 is B paper kinda like how school grades are done.

In this case, get an attorney to at the very least write the CA a letter. Demand a copy of what was ordered and shipping information. Inform them that a cancelled order is not actionable and to C&D all collection efforts before you are forced to sue.

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Geesh....are people still pulling this scam? I ran a consulting company office in Ohio back in the 70's. Our office manager got a call that where the voice said "hey, we made a mistake and just shipped a box of Xerox paper to your office. We know you didn't order it, but rather than us having to pay to have it shipped back, if you buy it from us, we'll give you have off". Our OM said NO, and hung up. A week later we got a bill (never did get the paper). We didn't pay it...a year later, we got a call demanding payment.

Bottom line...we had to get the corporate lawyers involved. So...get an attorney.

What was the outcome? Did the law rule in favor the scam artist or their victim. This kind of fraud should be a felony!

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What was the outcome? Did the law rule in favor the scam artist or their victim. This kind of fraud should be a felony!

I don't think any charges were every brought. Our lawyer wrote them a letter saying "produce a written contract or purchase order, or go away" and we never heard from them again.

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