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  1. #1
    Join Date
    Jul 2008
    Posts
    853

    Default When Can You Cancel An Order Made By Phone

    How can they collect for a service or product that they never delivered? That is like sitting down at a restaurant, and ordering. Before the food is prepared, you cancel the order and leave. Then, the manager wants you to pay for the meal.

  2. #2
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Collection for a Magazine Subscription

    Well, that was my argument. I told him the "arrangement" was about as binding as you telling a friend of yours you will buy girl scout cookies from his daughter, but when they bring you the order form you decide against it...

    I did search the forum and coincidentally enough, there was another article around here about a similar issue. The guy also happened to be from Texas and there was some good info posted with a specific section/chapter/code from the credit protection authority of Texas. So, at least now I have some ammunition. I doubt it will go anywhere, but my fear is just that they do actually file a collection and it have a negative impact on my credit.

  3. #3
    Join Date
    Sep 2008
    Posts
    20

    Default When Can You Cancel An Order Made By Phone

    Remember Guys, RK is a Debt collector advocate. Now, the OP did call and cancel. The best bet is for him to send a cancellation noting that and the fact he does not want a 5 YEAR subscription, seems bait and switch is active again. Send it CMRR for later proof. Again note what happened, no mags were sent....

    Sorry RK, back to your debt collecting forums....

    People here want facts not the ole pay it up Ya owe em

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Collection for a Magazine Subscription

    Quote Quoting Credithis
    View Post
    Remember Guys, RK is a Debt collector advocate. Now, the OP did call and cancel. The best bet is for him to send a cancellation noting that and the fact he does not want a 5 YEAR subscription, seems bait and switch is active again. Send it CMRR for later proof. Again note what happened, no mags were sent....

    Sorry RK, back to your debt collecting forums....

    People here want facts not the ole pay it up Ya owe em
    who is RK?

    If you are referring to me, I posted because divemedic is posting some wrong infor and it was a sarcastic repsonse to him/


    anyway, as to a collectors advocate? I am a morals advocate. If you legally owe, why shouldn't you pay? I am not here to tell folks how to escape the obligations they willingly entered in to but I will direct somebody to anything I can if they have been wrongly charged with something.


    part of the problem with this situation:

    . I agreed to take the magazine verbally
    so, the OP did contract to purchase the magazine, although it may be voidable under several rules of contracts.
    I told him to just send me a bill and if I agreed to everything, I would pay it. I did get the bill, but decided it was best I didn't purchase the magazine
    that does not invalidate the verbal contract

    I just discarded the bill, figuring that since I hadn't received a magazine and didn't sign anything I wasn't committed
    the contract did not require any specified quantity of magazines be delivered before it is considered a valid contract. It is valid at its' acceptance and if you look up, you will see acceptance.
    They called and I argued with them several times.
    argued what?
    So, I am just curious, do they have a basis to file a collection based on that information?
    absolutely
    If they do, is something like this worth fighting?
    quite possibly

    but my fear is just that they do actually file a collection and it have a negative impact on my credit.
    well, at this point, it would seem that is the way things are headed, if they want. It can be reported on your credit report even without a collections suit being filed.


    and to credthis:

    Now, the OP did call and cancel.
    where did OP state this? OP stated they simply threw the bill away.

    seems bait and switch is active again.
    bait and switch? what are you talking about. They offered a magazine. OP accepted the deal. Company sent a bill. OP threw it away and refused to pay on the contract OP agreed to.

    Where is there anything even remotely close to a bait and switch?

    and to divemedic; I have never heard of a restaurant seeking payment for food that has not been started to be prepared. You must lead an odd life if this is happening to you.













    .

  5. #5
    Join Date
    Sep 2008
    Posts
    20

    Default Re: Collection for a Magazine Subscription

    Bait and switch, this scam is the mags bread and butter, who in their right mind agrees to a 5 years subscription?? The pitch is for a year and you get taken for 5. Let the OP answer this if I'm not mistaken. He said he called and:


    I told him to just send me a bill and if I agreed to everything, I would pay it. I did get the bill, but decided it was best I didn't purchase the magazine. It was for Buckmaster magazine. They wanted a 5 year payment of $120 or so.

    sounds so, so familiar with these things, tell Ya one thing and then get another whether you want it or not.

    Send a letter and cc the mag owner a formal complaint to the FTC. Any juridiction I can think of has a 30 day cure notice and especially if nothing is recieved. Please send also a notice cmrr to the mag you do not want these terms or the mag and especially an unwanted 5 year term.

    You have nothing to fear except advice from RK.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Collection for a Magazine Subscription

    Credithis;308945]Bait and switch, this scam is the mags bread and butter, who in their right mind agrees to a 5 years subscription?? The pitch is for a year and you get taken for 5. Let the OP answer this if I'm not mistaken. He said he called and:


    I told him to just send me a bill and if I agreed to everything, I would pay it. I did get the bill, but decided it was best I didn't purchase the magazine. It was for Buckmaster magazine. They wanted a 5 year payment of $120 or so.
    so where was the 1 year mentioned?
    sounds so, so familiar with these things, tell Ya one thing and then get another whether you want it or not.
    OP never said anything of the sort. You have to quit making things up.

    Send a letter and cc the mag owner a formal complaint to the FTC. Any juridiction I can think of has a 30 day cure notice and especially if nothing is recieved. Please send also a notice cmrr to the mag you do not want these terms or the mag and especially an unwanted 5 year term.
    A 30 day cure notice? What are you talking about? Apparently you don't have any idea what you are talking about either.

    You have nothing to fear except advice from RK.
    and who is RK? apparently your mental incapacities have caused you to be delusional and are responding and referring to a poster not even registered on this site.

  7. #7
    Join Date
    Sep 2008
    Posts
    20

    Default Re: Collection for a Magazine Subscription

    'scuse, JK then, hate to label an innocent poster with your MO.

    the right to "back out of a verbal agreement" such as the case of subscription services is as I stated 30 days in most States. This may or not be true for the OP. However, if he does need to take this to court the court will look at the facts, nothing recieved yet money demanded, this is negated by his verbal and written responses if he follows my advice with documented letters and calls. Again, this is a no brainer, the OP is probably victim of one of many (I believe) scams out there. 60 Minutes did an piece on magazine scams and the victims that fell into them. Be sure of everything. Everyone has within reason the right to stop services if services have not yet been provided (with certain caveats as to services).

    The true point is to provide the OP with ammo to protect and defend himself, not to indulge in a He owes it so pay it attitude...

    Go back to a debt collector forum, Yet, I did see some advice here on another post from you that was Pro-Consumer, maybe there is a small spark of humanity left...

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Collection for a Magazine Subscription

    =Credithis;308959]'
    the right to "back out of a verbal agreement" such as the case of subscription services is as I stated 30 days in most States.
    please cite any statute even remotely suggesting this is a possibility.


    This may or not be true for the OP. However, if he does need to take this to court the court will look at the facts, nothing recieved yet money demanded, this is negated by his verbal and written responses
    negated by his verbal responses? Dang guy, he simply threw the bill away. The only folks he has responded to is the debt collector and they don't care.

    Again, this is a no brainer, the OP is probably victim of one of many (I believe) scams out there
    what scam? OP accepted the contract and when billed, threw away the bill. Where do you see there was an nefarious activity by the magazine company. Quit making things up.

    . 60 Minutes did an piece on magazine scams and the victims that fell into them. Be sure of everything.
    Everyone has within reason the right to stop services if services have not yet been provided (with certain caveats as to services).
    You have no idea about anything concerning contract law, do you?



    The true point is to provide the OP with ammo to protect and defend himself, not to indulge in a He owes it so pay it attitude...
    I never said anything of the sort. As a matter of fact, in this thread, I said there MAY be options but the OP has not provided enough info to get in to them.


    Go back to a debt collector forum, Yet, I did see some advice here on another post from you that was Pro-Consumer, maybe there is a small spark of humanity left...
    You have a real problem. I never posted anything to this OP that he should simply pay but I am surely not going to give him advice, such as you and divemedic have, that is totally irresponsible due to the lack of information that would support such advice.

    In your effort to anger or descredit me, you have simply made yourself to look foolish. You claim I have said things I have not. You give advice to take certain action with no information to suggest it is even appropriate, much less, not damaging to the OP of concern.

  9. #9
    Join Date
    Sep 2008
    Posts
    20

    Default Re: Collection for a Magazine Subscription

    Foolish??, I'm simply giving pro-active advice to prevent an explosion later and arming the OP. You, on the other hand want to lay the ground work for defeat. The OP said nothing about 30 days or 5 years, however, his response indicated 5 years?? as in WTF??. In my State and I did indicate this was state specific, there is a timeline to back out of verbal or sometimes written agreements, it must be done in writing. This may or may not apply to the OP. However, there are plenty of cases of magazine fraud and it is thriving today.

    Send the OC a letter outlining his intent to stop any mags as this 5 yr agreement is not mentioned (yes, I know he did not state so but, most real humans never will get this from the mag rep and never for that inflated amount of years) sent cmrrr.

    Quit it will Ya, the poor OP wants peace and not a five year subscription to a mag. If it has not ever been sent what the hell is wrong with the OC??

    Dang, Debt Collectors refuse to give up...., even if wrong!!

    Nothing I said would be in anyway damaging to the OP in anyway except perhaps, saving him $$$?

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Collection for a Magazine Subscription

    The OP said nothing about 30 days or 5 years, however, his response indicated 5 years??
    he said the contractual payments were for 5 years. That is all he said about any time specific info.

    In my State and I did indicate this was state specific, there is a timeline to back out of verbal or sometimes written agreements, it must be done in writing.
    then post that. I don't beleive yo uare correct.
    However, there are plenty of cases of magazine fraud and it is thriving today.
    but the OP did not imply anything of the sort. If you want to speculate, I can come up with thousands of scenarios.

    Send the OC a letter outlining his intent to stop any mags as this 5 yr agreement is not mentioned (yes, I know he did not state so but, most real humans never will get this from the mag rep and never for that inflated amount of years) sent cmrrr.
    You are way wrong to start with. Stopping the subscription now has nothing to do with the dunning he is receiving now. I interpret the OP's statement of "getting a collection notice" as he is being contacted by a collections agency or possibly a debt buyer. Depening on which one, very different actions are available to the OP. Obviously, I am stretching even my interpretation as it may simply be a letter from the mag to send in a payment. OP was not specific enough to determine and because of that, any specific advice is difficult.

    Quit it will Ya, the poor OP wants peace and not a five year subscription to a mag. If it has not ever been sent what the hell is wrong with the OC??
    fine and if he provides some other very pertinent information, maybe somebody can offer some germane advice. Until then, it is all speculation.

    Dang, Debt Collectors refuse to give up...., even if wrong!!
    the problem is, they are often right and the debtor simply want a way to escape their obligations. I pay mine and I think they should to. I have a reasonable moral compass that demands at least that fom me.
    Nothing I said would be in anyway damaging to the OP in anyway except perhaps, saving him $$$?
    Not true. You could suggest actions that would pretty much assure a suit by the debtor when other advice could have prevented it. Without knowledge of the situation, you risk that, at least.

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