Legal Question in Credit and Debt Law in California
Bad business buy turns into collection
I owned a candle business on the internet. When I started my business I ordered ALL of my products from one company. It took them about 6 weeks to even send out my $3,000 order. I had to repeatedly call and find out when their driver was bringing my order. Finally the driver came and only brought half of my order.
I called then to find out when I would get the rest of my order and they told me in 2 to 3 weeks.
I already waited for 6 weeks, then I had to wait more. I could not get my website done due to the fact that I didn't have my products to take pictures of. I finally told them to cancel my whole order because I couldn't wait that much longer after I already waited this long. They told me I had to ship back their product and pay the shipping or they would come back and pick it up and I would pay for that shipping. I told them to come pick up their products, but I was not going to pay for the shipping. They never came and picked up the products, nor did they ever call me. It has been over a year now, and they sent me a collection letter stating that I owe them $1400.
Since then my business has been shut down and I don't have any paperwork to prove any of this.
Is there anything I can do to solve this matter?
2 Answers from Attorneys
Re: Bad business buy turns into collection
About the only thing you can do at this point just is just refused to pay the bill and remind them that you are still waiting for them to come and pick up the merchandise.
Re: Bad business buy turns into collection
This case is governed by the UCC or Uniform Commercial Code. Bottom line is that it appears that the vendor sent you a non conforming order which you either rejected or accepted. It appears from the facts that you rejected the order and asked for the full order to be shipped. The person you ordered from has a reasonable opportunity to cure their non performance which appears they did not. It seems from the facts that you would not be liable to the vendor. I would send them a letter telling them that you do not owe the money because they did not perform under the contract and that you will hold the goods for a reasonable amount of time until they come pick them up, or have you ship them back to them at their own expense. If you do not dispute the debt within 30 days you are presumed to owe it!!
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