Legal Question in Consumer Law in California

In Jan. 2013 I bought a small grill on line from Sears, paid for with my American Express.

In May 2013 I got a letter for a sporting goods store, called, "Cabela's" asking me to pay them for merchandise I recieved from them, saying that my Visa card did not clear the charges. I had no idea who these people were as I had made no purchase with them and never use my Visa for online shopping.

When I called and spoke to their credit department, I was told that the grill I bought online from Sears was purchased by Sears from them and that Sears used a bad Visa card and had never paid them. Since I have the merchandise,they say I owe them the money. I called American Express who confirmed that my bill to Sears was paid for. I called Sears who said they did not even buy the grill from Cabela's but from a company called "Top Sellers" Now Cabela's has sent me a second letter saying if I dont pay them, they are going to turn me in to a collection agency. How do I get Cabela's to leave me alone?

Asked on 6/30/13, 7:37 am

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Demand proof that the debt is yours. It makes no sense that they would try and track down a payment on one grill that changed hands. ... It sounds like their beef is with Sears..

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Answered on 6/30/13, 8:35 am

Carl Starrett Law Offices of Carl H. Starrett II

You had a contract with Sears, not with Cabelas. It sounds like the charge from Sears ended up on the your credit card, so you paid for the order. This is a dispute between Cabelas and Sears.

Send a certified letter to Cabelas saying why you dispute the debt and telling them you may sue them under California's Rosenthal Act for unfair debt collection practices. If they send it to a collection agency, dispute the debt with them as well. If they persist in trying to collecting, contact a consumer rights attorney.

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Answered on 6/30/13, 10:25 am
John Laurie Gertz and Laurie

If the letters you send to not have any effect you may need to hire an attorney to send a letter on your behalf. We deal with these issues and can send a letter for a small fee. If you wish to discuss this please feel free to call my office at 818 345-0123.

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Answered on 7/04/13, 9:49 pm

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