COLLECTION AGENCY NIGHTMARE PLEASE HELP!!

I don’t fully understand the specifics of your situation, but would suggest writing a coherent letter detailing the situation to the consumer relations department of both Best Buy and AT&T. I would send a copy of the letter to both the office of the CEO of both companies as well. I still remember laughing at my coworker Irv when he called the office of Eckhard Pfeiffer the president of Compaq Computers (yes, 20 years later I remember how I laughed and told him he was nuts) and less than 2 weeks later a resolution was forthcoming (and yes, 20 years later, I still remember how Irv laughed at me). What do you have to lose? As for the collection agency, tell them you contest the claim against you.

If they haven’t already, demand that the collection agency first contact you in writing. First contact should never be by phone, and do not give out any personal information over the phone. The collection agency must provide you their name, telephone number, name of the creditor, the amount owed, when the debt was incurred, and who is responsible for the debt. You can also send them letters specifying how you want or don’t want to be contacted. If they are repeatedly calling you, calling you late at night, threatening you, or publicizing your debt to anyone other than a credit score agency, their behavior is likely illegal. Keep records of all communications and interactions and contact the Consumer Financial Protection Bureau.

Yaakov: one thing i can tell, if you are dealing with a NY purchase, under NY General Construction Law § 20, the day of the purchase is not included in the computation:

“The proper method when computing time periods is to exclude the day of the event and to include the last day up to midnight of that day.” Bacalokonstantis v. Nichols, 141 A.D.2d 482, 484, 529 N.Y.S.2d 111, 113 (2d Dept. 1988) (citing New York General Construction Law § 20); accord, e.g., Austrian Lance & Stewart, P.C. v. Rockefeller Ctr., Inc., 163 A.D.2d 125, 130, 558 N.Y.S.2d 521, 525 (1st Dep’t 1990) (where period for tenant to cure default was “denoted in days rather than hours,” period ran until midnight on the last day designated for the cure) (citing New York General Construction Law § 20); Antine v. City of New York, 14 Misc. 3d 161, 172-73, 830 N.Y.S.2d 430, 439 (Sup. Ct. N.Y. Co. 2006); Alvarez v. Warden, 178 Misc. 2d 254, 255, 680 N.Y.S.2d 153, 154 (Sup. Ct. Bronx Co. 1998) Union Mutual Life Ins. Co. v. Kevie, 17 A.D.2d 109, 110, 232 N.Y.S.2d 678, 679 (1st Dep’t 1962), aff’d, 13 N.Y.2d 971, 194 N.E.2d 686, 244 N.Y.S.2d 777 (1963).

So if you had, lets say, 10 days to return, you get 10 days starting the day after the purchase. Other states have similar laws.

Take Best Buy to small claims court for false promises and ask for your money back for the phone and whatever AT&T overcharged you. They’ll probably offer a settlement right away. Well worth the $15 filing fee.