How can I prove I returned a video to the rental store?

Question

I rented 1 DVD from an independent video rental store. The DVD was returned on time through the night deposit box. This was 4 years ago. I recently checked my credit report and saw that a collection agency had reported that I owe this store $117.00. I disputed this debt, and the collection agency replied with a printout from the video store that said I never returned the DVD, and that there are nearly $80.00 in late fees. I am assuming the $80 is for something other than the $20 DVD because that would be illegal, but the printout doesn't specify. What can I do here? The collection agency is threatening to take me to court. How can I prove these charges are bogus?

Answer 1

Tell them you returned the video, and they apparently have no method in their operation to properly account for videos that have been returned.

Also, ask them for evidence that you didn't return it.

I'd also ask them how many other customers they have who are being fined for late returns, or have been told they didn't return a video.

You could report them to the better business bureau, be sure to get some names and dates if you can. Go to bbb.org and file a consumer complaint.

Also, contact your state's attorney general office and ask them how you file a consumer complaint. What you really want is to cause an investigation of their return procedure, and audit of how they handle returns, and how they notify customers of problems.

Filing a false claim against you harms your credit, and is therefore a tort. If you can show that their claim has no validity, you could then proceed to demand compensatory damages, and punative damages so they don't do this again to another customer, but this requries an attorney, and that gets expensive.

Best you refer the matter to a state agency involved in consumer protection and consumer fraud issues, and let them help you. But file a complaint with BBB.ORG and tell the collection agency that they are representing a client who is engaged in a fraudulent attempt to coerce you into paying for something based on their word, with no proof, and that they should reconsider pursuing the matter until you have completed your complaint. Include the collection agency name in your BBB.ORG report or make a separate complaint against them for conspiring with the video store to intimidate you and to defraud you.

Ask them for specific and detailed written evidence that proves their case, and that it is not just the word of the store owner. Basically, where's the evidence that THEY have ??

Jeff

Answer 2

I had this happen to me once too. Because i failed to return the video on time, I put the video in the night box. However, a week later the video store contacted me to let me know that i had a video overdue. They explained to me that even though I may have put the video in the night box, the legal responsibility remains mine until they can ensure that the video is returned in the morning. This is because when i signed up to be a member with the video store I also signed a contract that hald me responsible for any overdue or late videos.
My best advice is to check the shelves for the video and if you don't find the video there, talk to the owner of the store, not the debt collectors. The owner might be willing to let you pay off the DVD without the fine. It's not worth the cost to go to court over $20 DVD. The cost of attorney and court fees outweigh the cost of a $80 fine and a $20 DVD.

Answer 3

What Jeff said.

Consumer division of your state AG's office can tell you whether the collection agency is permitted under your state's laws to tack on added charges. In some states, the debt the original creditor sends to the collector is the debt the collector is permitted to collect. Some AG's are very proactive. Others not so much.

Also the BBB can be a very potent weapon, at times, with some companies.

Small claims tends to be very consumer friendly, but it is your word against theirs.

Update your post with your state of residence. SOL varies from state to state. They may or may not be able to sue. Once you know that, you know whether you can play hardball in the negotiation, which you might have to do.

If the SOL has run:
"Look, the SOL has run, so your threats are hollow. Now, do you wanna settle this and agree it will be deleted from my credit report or not? If you don't wanna get paid, that's your deal. Call me when you're feeling reasonable. Later."

Answer 4

Considering the time since the incident, I would just make a payment arrangement and get them off your back ASAP. Next, go with rental stores you trust, be it large or independant. I went through something similar and now I am a member of a large national chain that keeps track of if a movie is missing. I have been a member for 10 years now and they have yet to be dishonest.

Answer 5

First, go see if it is on the shelf waiting to be re-rented. Happened to me one time, only it took a week to find out about it, not 4 years.
Most lawyers will give a one time, free consultation. I would contact one.
Ask the video store why they never mailed you a bill or a late notice.
Good luck!

Answer 6

Send them a letter. They could have easily made a mistake. Fight this tooth and nail. But know that phone calls do not do a thing. Also know that amounts of less than $100 do not affect the credit score. And they will not likely sue you in court for this.

Answer 7

We had the exact thing happen to us, finally the owner told us they can take ONE off of our account but NEVER again. We still rent there but we return the movie while they are open and make them do it while we are there. It really upsets them that we do this but after that one time I am determined to never have it happen again. The thing is we hated that movie and took it back EARLY!

Answer 8

Oh, life before NetFlix . . . anyone still use those other places ? ?
Visit the store , talk to the manager and see what compromise you can work out .
You are accruing % charges for all the time it's not paid .
Visit the store NOW !

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Answer 9

You really can't... it's your word against theirs.. If you were a judge there would be no way to side either way except for the video store.