I received a letter of demand from a company that has been sending me magazines through the mail. I thought I was requesting a free sample when I filled in the form but they say I entered into a contract and the time for me to opt out has passed. I would not have signed the form if I had known as I can’t afford the full subscription.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Robert Bailey, Adelaide 5000 SA
- You need to contact a lawyer as soon as possible after you receive a letter of demand if you do not think you owe the money. A lawyer can speak to the creditor on your behalf to dispute the debt and take steps to resolve the matter without needing to go to court. They can also help you to stop more debts being incurred.
- A lawyer can help even if you do owe money for magazines that you have received. For example your lawyer can try to negotiate a payment plan with the creditor. This way you can pay back the debt over time in instalments. Generally people just want their money back with the least amount of fuss and will be keen to avoid going to court.
- If your case does end up in court and you lose then you may have to pay the creditor’s court costs and interest on the debt. Negotiating is a good way to avoid going to court and having to pay these additional costs.
- A lawyer will also be able to advise you whether the form you filled in was misleading. If it was you may not be required to pay for the magazines that were sent to you.