Legal Question in Consumer Law in Pennsylvania
An invoice from Calypso Cay (CC) for $375 was allegedly sent to me during end of Nov. 2010 for special assessment on a timeshare I have. I did not receive it, later on in Jan. I was out of town, with mail on hold, for over a month helping an ill family member. When I retrieved my mail I had received a past due request for which I authorized in a letter a payment of $325 via my credit card, I mailed this on Feb 24 (4 days) before notification that the debt would to be turned in for collection on Feb 28, 2011, however the debt had been wrongly assigned to collections several weeks early before that date. The collection agency representative informed me that CC had not received my payment, I was told by the representative to not contact CC, I resent requested copy of payment my letter to agency via email. CC is refusing payment without additional payment of $125 in fees, I want them to consider my circumstances and accept the $325 payment. Is there further action I can or should take to resolve this debt without paying their penalty?
1 Answer from Attorneys
Frankly, it will probably end up costing more to try to win this dispute then the $125.00 that is at issue. I don't know where Calypso Cay is, except it doesn't sound like it is in PA. Under the circumstances and considering the amount involved, it does not seem that hiring a lawyer or even going to small claims court wherever Calypso Cay is located, would end up costing more than the $125.00. Frankly, the fact that you had the post office holding your mail is not Calypso Cays' fault and obvioulsy they are in business to make money. I would just pay the money.
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