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another thing to keep in mind is that your friend created an account to sign in and purchase the order. HSN surely has IP records for whoever has signed into this account and it would be impossible for it to originate from your computer, city or country since you have never signed into the account. They know this already. They already know your telling the truth. They don't care because they know the only way they can get paid is by collecting from you.
The IP is a good evidence, however they also have reason to believe that my friend and I collaborate to trick them. They can argue my friend open the account under my name at different IP with my agreement.
Is there any argument I can use to fight back this false accusation ?
I believe I am correct when I say that you do not have to pay for anything that is not solicited by you. Even when you get free stuff in the mail, you do not have to pay for it because you didn't ask for it.
WRONG, The FTC clearly warns that the protections available to a person who received unsolicited items is based on you not being a party to the order. The OP has admitted that they knew about this order and they consented to have the items shipped to them before the "friend" ordered the items. They consented to be part of the transaction by receiving the items under their name and reshipping them to a foreign country. You would not be shipping items you received by mistake to some "friend" in a foreign country immediately after receiving them unless this was pre-planned. The basis of why many are saying the OP is in the clear is because the OP did not actually order it, but the law doesn't excuse your complicity just because you didn't place the actual order, if a person engaged in activity that facilitated the fraud in a pre-planned manner, they can be held liable for the fraud. The OP consented to the order. The OP accepted the order under their name. The OP personally shipped those items out of the country. The OP can't just make up a story that they are some innocent victim when they also admitted doing this before. Read what the OP wrote in their own words.
The OP has admitted that they knew about this order and they consented to have the items shipped to them before the "friend" ordered the items. They consented to be part of the transaction by receiving the items under their name and reshipping them to a foreign country. You would not be shipping items you received by mistake to some "friend" in a foreign country immediately after receiving them unless this was pre-planned.
I only agree to a part of you argument. The truth is that I did not know about this order before hand. I only agreed to have my friend ship his order to my home , I never authorize my friend to use my name to place an order. In the past, my friend ordered items to be shipped to my home and I thought this time was to be the same, that was the reason why I accepted those perfume.
I would not be so quick to say that the OP owes anybody any money. The OP was not a party to the purchase transaction even though the goods were shipped to him/her. One member keeps insisting that the OP is liable, but unless that member is an attorney who specializes in this field I would not rely on that opinion.
The OP should see if s/he can get legal advice from the Legal Services or Legal Aid program that covers where they live. If that doesn't work a call to the local lawyer referral service might help. You're looking for someone who is knowledgeable about debt collection and consumer fraud.
The OP should not have any further contact with the collection agency, should not tell them anything, and should not pay them anything.
Oh; but I bet if it got to court; few would believe him unless he reported to authorities. They would link him with friend and we only have his word ourselves. If he is innocent then report it. If its stolen goods then he has received stolen goods. For all he knows the authorities are tracking shipment now and trail leads to him at his address. He will need a attorney if he doesn't act then.
Why are you still here just reposting the same stuff? Why have you apparently not gone to the police or Fraud Protection yet? Later this week? Dude, what are you waiting for?
He should go to Legal Aid because he's scared to go to the police. Legal Aid is less scary, and they will probably advise him what to say to the police.
My friend contacted me and he agreed to pay me in two weeks, so I am going to pay HSN to get things done, however I will demand HSN to give me the following items : invoice, tracking number and IP address of the computer that was used to place order.
My friend contacted me and he agreed to pay me in two weeks, so I am going to pay HSN to get things done, however I will demand HSN to give me the following items : invoice, tracking number and IP address of the computer that was used to place order.
I would not pay HSN if I were you. Your "friend" already tricked you, and you still trust him?
I doubt you will get any money from this "friend."
Go to Legal Aid for advice before you do anything.
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