Legal Question in Credit and Debt Law in Utah
collection of door to door sale item
My mother bought a Kirby Vacuum. First off she felt like she was pressured to buy it. She tried to get them to take it back within a week of buying it, but they wouldn't. She gets call from the collection company at least three times a day sometimes more every day of the week.
Several months ago while I was at her home and she received a call at night. They kept trying to get her to pay more. Than what she has been paying. (Which is 24.00 a month for the past 12 months when she bought it. The payments are to be 47.45. She simply can not pay the full amount.) Anyway she told them she hadn't received a statement in the past month. They said that they would take 900.00 to pay the debt off in full. She asked if they could send her a statement showing the 900.00 to payoff and she would talk to her bishop to help. They said they could not send her a statement. She told them that is the only way that she could get help from her bishop.
She has her taxes back and wants to pay off debt. She called collection company to see if they would take 900.00 to payoff in full and they won't. Payoff is 1171.17, that is without late charges. They have nothing showing the conversation that I witnessed. What can she do? If any?
1 Answer from Attorneys
Re: collection of door to door sale item
Your mother had only 3 days to rescind the sale, thereafter she is obligated. However, there are exceptions. In her case since she has commenced payments it may be difficult to show those exceptions. Since she has some funds, she may be successful if someone negotiates for her. The collection agency relies on her past history of payments, thinking she can be intimidated for a quick settlement - which is what the collector wants (for his commission). If you mother is otherise indigent or on limited income she may qualify for help through Utah Legal Services or other low or no cost services. Check http://www.utahbar.org/public/pro_bono_resources.html
If this does not help, please call.
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