Consumer Law, Warranties Verbal Agreement from Telemarketer(CA)

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anf322

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Initially the telelmarketer called offering magazine subscriptions. At that time, the offer seemed really good and I agreed verbally. Because the seller said it was recorded in a wav. file, am I now obligated to pay? The seller claimed to have sent a confirmation letter within 8-10 business days with a 10 day notice of cancellation. It never came to my house. I called 4 weeks later and told him I have not received anything, no magazine or letter. By then I already have forgotten about the 10 day cancellation period. He then sent me only a list with magazines on it. Not the confirmation letter. Another 2 wks, I called and told him I still have not received the confirmation letter. And the charges on my credit was something that I didn't expect. It was much higher. Though verbally he stated the terms and amount, but I might have missed it on the phone. He was rude and told me if I missed it, I could've told him to repeat it. I might have not realized that I missed the information he was saying or misinterpret what he saying.
The seller now says I am obligated to pay due to the fact that it was a recorded wav. file that I said I would pay. He blamed the post office or my house address that I never received the express confirmation letter.
After the 6 wks, he did resend the confirmation letter, but I will not have the 10 day cancellation option as it is way pass the Point of Sale date. Nowhere in the letter states the 10 day cancellation period. I called back and asked him about that, and he said I'm not reading it correctly. Help me. I need some advice on how to go about this. I changed my credit card # so he won't be able to charge more than he has for the first initial payment. He threatens that I will get a collections agency on me too. Thank you.
 
Send them a registed letter return receipt cancelling the order. Include a copy of the letter they sent you. If you get any of the magazines refuse to accept and send them back. Then put your number on the govt. do not call list or get an unlisted #. The problem is that you have now been identified as an easy mark.

They can send it to collections and there is little you can do about that except ignore them also.
 
I'm actually on a national do not call list since November of 2006. When I spoke the guy last night, I asked him how he got my information in the first place. He didn't answer and was calling be childish and not adult enough to ask questions at the time of the call. I was an idiot thinking there were the company I signed up with 5 yrs ago. It just so happens my magazine subscriptions recently ended. Assuming made an ___ out of me. I assume the only calls I was getting to my home were non profit orgs and my creditors. This all happened Oct of 2007.

i have another question: can i take any legal action the fact that he doesn't give me a straight answer as to where he received my information.
 
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