billyboy47

So I bought wheels from corvette mods last year and I recently sent them back because they were out of round and made my car do the shake at 60 mph and above. The mod folks were quite upset and wouldn't send me the R/A slip to send back for a refund. So I did a charge back and won the dispute and got my money back from the credit card company. The mods people asked that I take pictures of the wheels before sending them back upon their dispute loss. (Scum bags) so I did and they relented and had me ship the wheels to O.E.Wheels Distributor which I did. (UPS) so now I get a phone call and a letter from a collection agency requesting payment of $1100.00 dollars for wheels they claim are not fit for resale because they had been mounted on the car. I tryo explain that I would have never known they were out of round had they not been mounted. They don't want to hear this they just want there money. But I refuse to cooperate with them or the collection agency for even one thin dime. So I ask, am I wrong?

Warship2k15

Nope if you won the claim and as you say they were out of round.Not abused etc.

Then you are totally in the right.

clearwaterms

did they issue a R/A when you sent them back to the distributor? If so, I would hand that along with the original sales receipt to them and explain that you returned the merchandise.

stp357

Heck no you're not wrong! Fight them tooth and nail! Corvette Mods, beware!

Sky High

I think your totally right the only problem is when the collection agency puts it on your credit report your credit is chit and your score goes in the dumpster.

billyboy47

They claim they were abused upon mounting on the vehicle.

billyboy47

I realize that, and with a score of 760 which isn't to shabby what can I do? I refuse to send any monies whatsoever to those idiots. It's the principal because they gave me nothing but grief over those wheels.

jrose7004

I think you're absolutely right. I'd get a lawyer.

Sky High

With a collection report get ready for a 100 point hit.

billyboy47

They know the wheels were returned. It's because of the fact the wheels had been mounted is their gripe. But again, how are you supposed to know of any problem until they are mounted. They're pissed because I won the dispute.

Warship2k15

Put in a complaint with the state attorney generals office and the better buisness bureau.

Lots of times they will ack off and even correct your credit if you do this.

billyboy47

You know, at 69 I could really care less. I refuse to pay those bastards.

clearwaterms

as much as it sucks, that is what they are banking on. If they fight it, the lawyer will probably cost almost as much as the wheels.

Perhaps you can find a lawyer that will counter sue them and work on contingency.

billyboy47

Exactly what my wife said to do. Since she owns a business she knows the procedure, but like I had mentioned, I really don't care at this point.

ben dover

You can correct your own credit report with the facts at hand.

F'em

AORoads

It depends on how hard, and long you want to fight this thing because in the end, it will cost you money to keep going. Just recall what I said before to you.

The vendor, CM, doesn't care; they will get a portion of the money back. The collection agency they send this to won't care either; they'll get their fee and do their usual which is dog you forever, file a lien, etc. For them, this is routine, until they collect from you and then get a piece of their fee. And the wheel company, I already explained and they won't care what you do as they have non-saleable wheels. In essence, to all three companies above, you are just another name of another deadbeat trying to beat them out of their product or money, or both.

And, no one else will care including those who say to fight it, get a lawyer*, etc. because no one else will put up a dollar for you to do it with! Unless there is a sudden "Go Fund Me."

So, if you wish to take your time in paying them, or arguing with them, just keep watching your credit rating/FICO because once they put a lien on, they are not very quick to take it off. Nor are the rating agencies quick to change their rating of you. Ask "SkyHigh" about that one, or someone you trust in the biz.

* IMO the only way you can "win" with the use of a lawyer is if you have one in the family that you can bamboozle into representing you for free.

RC4G

You can dispute any reported item on your credit report in writing and the agency must remove the item from your report during the complaint.

http://www.experian.com/disputes/how-to-dispute.html

Bajaholic

The collection agency is required by law to send you a "First Notice" giving you the opportunity to dispute the claim. You have 30 days to respond to this notice, however I recommend responding in writing immediately after receiving it.

In this letter you want to first: Dispute the claim. Then explain in as basic detail as possible why you dispute the claim. ie: returned merchandise, it was faulty, etc. Then attach your receipt, was returned and the statement showing they were bad.

From there explain you are prepared to litigate it and encourage them to do the same so a court can make the decision on the validity of their claim. (This will NEVER happen for $1100)

ALSO tell them to NEVER contact you again unless it is with a summons and complaint filed in the appropriate court.
And finally in closing of your letter, use the following verbiage:

I Here by notify you this is a disputed claim, and under the statues of the Fair Debt Collection Practices Act you hereby put them on notice if they list this account with a credit reporting agency, you WILL LITIGATE as well as file a complaint, against their collection agency licences with the necessary regulatory agencies.

NOTE: Each state has their collection agencies regulated, you just need to find out what department handles them..Generally it is through Department of Regulation or Financial institutions. Just google your state and you will easily find out which department. Notifying the AG's office will generally get you a bleep on the screen, but a properly filed complaint with the correct department will.... Get them to take notice (It is a major PITA on a collection agency when their license is on the line) Just a side note: THE BBB is about as worthless as it gets...

Then mail it to them certified and keep a copy of the signature with your file.

That will make it go away forever.... 99.9% of the time...

If for some reason (HIGHLY DOUBTFUL) they actually do file in court, it will be small claims and you will be able to say your side of the story, not a big deal from what you have shown us. AT THAT time let us know and we can suggest ways to cost them $1000's of dollars in legal fees while you sit back and argue for yourself at no cost.

Even if you lost.... It is going to cost you $1100 plus maybe a few legal fees (regulated by court system in small claims) then pay it the day of the court date and it still goes away...

Just for the record, I am not an attorney, but I have stayed at the Holiday Inns... Just 35+ years in the Collection Business... Being a Jerk can pay off.....

gsflyer2011

The big question is that how did you find out the wheels were out if round. Was this documented by a reputable shop? If so you can fight them in the small claims court. If not and you alone have decided that they are out of round than you have a uphill battle, even though they may be. All wheel suppliers have that in their return policy, if they are mounted they will not take it back. You must have a solid proof that they were defective.

ls1121

so what you are telling me is the "Corvette Mods" is not a respectable seller and that I should not purchase from them in the future. Thank You for posting this. I would get a lawyer and also request attorneys fees when you win the battle. when you google stuff posts like this come up so this will go a long way and thousands of people will read this for many years into the future. Whenever I buy something of value i do research. It would behoove corvette mods to take care of this issue as it could cost them a whole lot more than $1100 in lost future sales. You could also post this on the Better Business web site for all to see.