Here I am again, and nervous.....

[annmariesflowers]

I am writing again about the "law suit" from Teleflora to myself.....

I am sure many of you remember when I wrote about Grace Garcia harassing me, and lots of you expressed the same problems.

Well someone called my mothers house, not her, questioning my business, she played dumb, (yay mom)... Then coincidentally with out another phone call or anything to my shop after over a month or more, I received an email saying if I don't pay IN FULL they are sending the lawsuit to a "lawyer" Tim Lahey in Middlesex county. That isn't the county my store is in it's the county next to mine, I'm in Union county. No town name, and when I looked up his name on the internet I can't find him anywhere. I realize that doesn't mean he doesn't exist but it makes me wonder. Has anyone in NJ or anywhere else for that matter had the same experience???

I am all for paying back what I owe, which isn't $2200..... BUT the thing I find weird is they wouldn't do a payment plan. It was the whole balance or nothing. I have been in debt before and collection agencies AND lawyers ALWAYS do payment plans, in my experience......

WHAT SHOULD I DO??????????

I really don't want to go to court, I have 2 big weddings this weekend and the last thing I need is this. Especially since they said I MUST pay by 5pm today or it's going to the lawyer to get filed for court.

HELP........

 

[BOSS]

Disclaimer: BOSS<<<<is not a lawyer...

I'd send them a check, for either what you think you owe them, or at least a portion there of... if they cash the check, then your on your way to your payment plan... if they return it, keep all the docs, envelopes too as proof you tried to send "something"...

In today's economy, it's all they should expect....

As to the lawyer in another county, he can probably work in several at one time so that could be correct...

 

[Lizi]

From my experience with the same problem with FTD, they will not file any papers in the town your shop is in. They will file papers in the town you live in. They really can't bring a suit against the shop only the owners of the shop. Unless you are Incorporated. The they have to bring it against the shop.

Have you contacted a lawyer yourself to see what you can do to protect yourself.

 

[Chezbloom]

I agree with Boss, send a check for the amount you really owe, explain this in a letter enclosed with the check. Save all copies for yourself. Once they cash the check you can go from there.
Even if its only $250.00, get it in the mail!

 

[Kristine]

I agree with Boss, send a check for the amount you really owe, explain this in a letter enclosed with the check. Save all copies for yourself. Once they cash the check you can go from there.
Even if its only $250.00, get it in the mail!

get it in the mail RETURN RECEIPT REQUEST. then you know they received it.

You should contacted a lawyer or call a collection agency and find out your rights.

 

[BJBouquets]

Disclaimer: BOSS<<<<is not a lawyer...

I'd send them a check, for either what you think you owe them, or at least a portion there of... if they cash the check, then your on your way to your payment plan... if they return it, keep all the docs, envelopes too as proof you tried to send "something"...

I'm not a lawyer, and I don't play one on TV, but I too would do exactly what BOSS said. IF this goes to court, you want to be able to show that you were trying to do the right thing. That will go a long ways with the judge. Also, they may just take that payment and be done with it. Showing proof that you sent them a check that they did not cash could hold a lot of weight. Be sure you DOCUMENT EVERYTHING

 

[mikec]

We just sent our termination letter to Teleflora yesterday. I know it isn't going to be a smooth ride out, but I'm hoping that that we don't need a lawyer or helmets. Please keep posting updates to this story. I hope that everything works out for you.

Mike

 

[TOTO]

Don't be INTIMIDATED!

You are having to deal with a subcontracted collection agency, NOT TELEFLORA.

Don't be intimidated by either THEM nor their SLIP and FALL collection attorney who sometimes has an office at that collection agency, on the same floor, or in the same building.

If you have the proof of what you owe and can document it, and they have padded your final bill at their side, you will always win your case.

If there are FRAUDULENT CHARGES which appear on your statement, they then have the burden of proof to show the court the written documentation along with your signature proving you agreed to the services.

When they call the next time, tell them the facts and assure them that, you will only ever pay back to Teleflora what you really owe, and NOT ONE PENNY MORE, other wise, SEE YA IN COURT FELLA!

Lastly, PAY NO ONE ANYTHING until such time as you are able to get a WRITTEN RELEASE from Teleflora's finance or legal department for any and all obligations and for the exact amount of money, you know you owe!

And that release must come from TELEFLORA themselves and not some lackey collection agency or a slip and fall ambulance chaser who couldn't cut it in the court system.

Lastly, and even if they record their judgment in a local court near you (they have to do it in your area), it's only an enforceable judgment if you DON'T SHOW UP or loose your argument in court having no documentation of proof.

Even when you get a subpoena to appear in your local court, you can still call up and have the court date postponed until such time as it is convenient for you.

Don't let them BULLY YOU around since I know of several florists who have taken a VERY HARD STAND with these pikers and their lackeys. In the end, and having stuck to their guns, either paid them NOTHING because that's what they owed, or paid them what they really owed in the end.

You can appear in court to represent yourself and you really don't need to hire an attorney and suffer that added expense as well.

Just be sure to bring COPIES (you keep all the originals) of all of your final statements since your documentation all becomes EVIDENCE in your defense and must be kept by the court.

For the rest of you out there, let this be a warning to all of you who still insist on supporting the very WSs who try to steal your own customers out from under you while using your own dues and fees to DOO YOU!

After which, this would be an great example of how they turn around and thank you for all the years you were their member florist, and after you throw them out of your shop.

They just can't THANK YOU ENOUGH for all of your past business, your loyalty, and the blood, sweat, and tears, you put in while filling all their DISCOUNTED JUNK!

Here's a link to your rights under the Federal laws.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

 

[inferno63]

Got 2 calls from TF this week with a "great trial period deal just in time for the holidays" if I would sign up. Told the first one that I was afraid on TF because I had heard the horror stories from other florists that try to get out of the relationship only to find their invoices padded with unauthorized fees and being harassed by collection agencies with threats. Told him I have no desire to jump into a cage with a vicious animal.....no thanks. Got another call today from a woman this time. I took a deep breath ready to give her my speech and I got "Well, I am not interested...." out of my mouth and she huffed and and hung up before the whole speech. Darn it! And I have the speech memorized now!

 

[JCT]

Ditto to what Toto said.

 

[Bigted]

If I recall correctly--and I seldom do--the issue was that you didn't pay them anything. I think most of the posts here are correct. Get some money in the mail right away. Make the good faith gesture and they will probably go away. They can't afford to let people just quit and not pay anything. But, they also won't want to pay a lawyer to try and collect fees you really don't owe.

 

[Gigi]

Make payments even if they say they want the money in full (they are using old pressure tactics that almost always fail). I use to be a credit specialist and any payment is proof of good faith. No matter what the collector is saying, they will not refuse your payments (should be at least 10% - $220). Good luck.

 

[sweetpeas]

I will tell you how one client got out of paying my husband for work on a kitchen remodel.
She wrote on the back of the check the amount she was willing to pay$100 on the back of the check she wrote
" upon cashing this check you agree that all debt is paid in full" She had obviously had experience!
We made a copy with the intent to go to small claims court then discovered how much lost time we would spend trying to collect . A painful lesson we learned however it may help you out. Good luck.....