Background: My parents moved into a retirement home in Florida and sent some of the family antiques to me in Washington, using North American Van Lines. The contracted shipment was for $1400 COD delivery and stated that no delivery would be made without cash payment.
Delivery went fine, I paid the courteous driver and had him initial my inventory copy as a receipt. I thought I was done.
Beltmann enters the Picture: More than a year and a half later, I get a letter from Beltmann claiming that I still owe $1400 for this delivery. (first I heard) They said I would have to pay it or they would send me to collection.
I was able to find the paperwork for the delivery and wrote them a letter. The delivery was covered by an "executed" contract as defined by the Uniform Commercial Code, the terms of which were that I render cash, and the driver gives me my stuff. Very standard.
Beltmann responded by telling me that there was a "verbal" agreement between the driver and I that he would leave the stuff and I would send payment later.
I explained that, legally, "verbal" agreements never supercede written contracts and that the burden of proof was on them to produce a written version of the contract modification, and that I had no intention of paying $1400 twice.
I received threatening letters and phone calls weekly, as did my elderly parents, for about a year. They threatened to destroy our credit. Then the nasty letters and threateneing phone calls from a collection agency started.
A contract is a contract that cannot be modified "verbally." So I sent letters detailing the UCC law, code #, etc. And sent copies to the Attorney Generals of MN, WA, and FL, the credit agencies, and notified Beltmann that we intended to sue for elder abuse in the state of Florida if they did not stop immediately.
It has been blissfully quiet ever since! There is nothing on my credit report because they had no legal claim... They simply tried to bully me into paying them.
Advice: Keep paperwork for everything for 10 years... Everything! Any time you pay cash, get a receipt on a separate piece of paper and take a photocopy of the persons drivers license. Don't be bullied! The more they get away with bullying, the more they will continue to do it.
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