being sued by patriot over hot wheels pc

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Joined: Jul 11 2006
Posts: 1

i could be way off base here but my cuz bought one of these pcs and lost. im sure every one knows that they went under yet demanded payments. the new loan holder is demanding 10k yes i said it 10k. can someone lead me to some help. shes in the state of texas, i know that tx at one time was helping those ripped off. she has 30 days to pay up or they say they will take action. be nice if it had worked or had support. any help would be great thanks...... felix69

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dankephoto's picture
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Joined: Dec 20 2003
Posts: 1900
huh?

Didn't Patriot go bankrupt back in the year 2000? How on earth can this be a problem here in the middle of the year 2006? Sounds suspiciously like scambuggery to me. Better have your 'cuz' call the state Consumer's Advocate or whatever TX has and report the outfit that's contacted her.

dan k

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mmphosis's picture
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Joined: Aug 18 2005
Posts: 314
don't take this as legal advice, here it is anyways...

I had a company (and their third party collection agency) "threaten" me in a variety of ways if I didn't "pay up" for something I didn't ask for. I didn't sign anything. I didn't make any payments. I simply ignored them and ignored their threats. After a couple of years, they stopped their harassment.

And, they said my credit rating (like I really care about my credit rating) would be bad. I recently checked my credit rating for fun and it is clear.

random patriot acts of kindness Wink
mmphosis

doug-doug the mighty's picture
Joined: Apr 14 2004
Posts: 1355
huh?

If your cousin bought the machine from Patriot directly, she should be liable only for the purchase amount of the machine and if Patriot failed to collect this prior to shipping said PC, then shame on them. It is highly unlikely that this scenario would have ever happened.

If she bought this machine second-hand from anywhere else, then the terms of that private sale prevail and only the person who sold it to her should be liable for any outstanding fee or due (but not even $10k to that party).

This stinks of a very targeted scam. Your cousin should investigate her local laws to determine if the actions by this party demanding money are in violation of any laws about extoration, harrassment, or even cyber-stalking as well as the aforementioned scamming.

How did this party find out about your cousin's purchase of this machine? Are they in allegiance with the seller? Do they have any proof that your cousin actually has such a machine (and I would ask them to verify the serial number)?

Just my two cents.

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astro_rob's picture
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Joined: Mar 19 2005
Posts: 320
Collection Tricks

One of the newest ways collectors make their living is by going after accounts that have already been written off. And it's sort of legal. Works like this...
1. They buy the charged off accounts. These accounts can be up to 20 years old in some instances, long off the credit companies radar.
2. They proceed to send out collection letters. You have to look very carefully at these letters, because the collection companies lawyers have spent a good amount of time researching the laws (which have changed recently) and writing those letters.
3. If you make the mistake of responding, that's where they get you; in doing so, you have acknowledged that it is a legitimate debt. At this point, failure to pay will result in a negative report on your credit. And they get nasty.
It is a gray area, but one that an increasing number of companies are moving into. Check out this article at MSN Money.
Sadly, I do IT work for one such company that has. My conscience is making me look elsewhere.

Peace,
RL

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