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Can someone collect a debt from a recorded "contract" over the phone? Does'nt there need to be some type of written, signed agreement?

Posted: Tue Feb 12, 2008 2:47 am Subject:

i dont think so. collecting a debt is not a game and of course there needs to be some sort of a written agreement. i would strictly advice you to check all the relevant papers before handing over your hard earned to some one over the phone. i am not aware of any sort of "telephone contract", and dont think they exist. could you tell us that who was trying to collect your debt over the phone? if it is some kind of a scam then the other members of the forums should also be enlightened about it.

Guest · Posted: Tue Feb 12, 2008 2:58 am Subject:

I gave info about my small business to yellow pgs for a website over the phone. I agreed what the monthly bill would be on a recording, according to them. I called the next day to cancel and they said I was bound by the verbal recording to pay the full year any way. They published my company name against my wishes and are trying to collect.

Posted: Tue Feb 12, 2008 5:21 am Subject:

It depends on your state laws.

Posted: Tue Feb 12, 2008 9:42 am Subject:

I know many states say that a verbal contract is lawful, but what exactly did you verbally agree too? Did you agree to a year commitment? But you may be able to fight it simply by saying you had no knowledge you were making a verbal agreement and assumed you would be getting something in writing, besides, many contracts have a clause for cancelling if it is within like 3 days...you really should research your state laws on contracts and what is binding and what is not.

Posted: Tue Feb 12, 2008 9:53 pm Subject:

As said by others, verbal contracts are binding, I believe in most states.

Business debt is tough, as far as I know the CA's do not have to abide by many of the laws that apply to individual debt.

If it was THE yellow pages and not a fake you are going to have a hard time getting out of that contract.

Guest · Posted: Wed Feb 13, 2008 1:51 am Subject:

It is THE Yellow pages. My wife did the phone call and gave her name. They use a 'voice verification' of contract and we gave the business account#.I called the next morning and said I didnt want to do it and they said I was going to have to pay the year anyway. I closed the account so they couldnt charge it and get the $. They published the website anyway and I called and asked them to take it off and they didnt. I used a friends apt as the business address. He has been returning the letters to sender lately. I guess I will have to just start sending what I can cause it ptrobably wont go away. The last letter was from McCarthy, Burgess & wolff.

Posted: Wed Feb 13, 2008 3:37 am Subject:

I think a verbal agreement is your ONLY WORD against theirs..a binding agreement is something you actually read....understood and signed and agreed to ..and will eventually hold up in a court of law..there is no recorded contract over the phone in my state at least..if there was every scammer in this country would be trying to represent a-hah!

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