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JD Seller

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I opened the mail earlier this evening and found out I have a credit card or I should say charge card. I am the proud holder of a FINGERHUT card with a $355 passed due balance. I have figured out where it came from. The mailman sorted the mail by name not box number today.

I have an Aunt that is not mentally competent. She has been that way for over 30 years. She was injured in a car wreck. She is about like a ten year old kid. My Father was her guardian until he was not competent himself. So I now the guardian for them both. Some how FINGERHUT sent her a catalogue in MY name and her address along with a instant charge card. The catalogue says free all over it. Meaning free interest. So she ordered some stuff. This is the first statement. She showed me the catalogue and what she ordered. I tried to explain to her that this really was not free stuff but she does not get it. So I just told her that she had gotten all the "free" stuff they would send. I told her I would take care of all of it and she gave me the card an paperwork.

So first thing in the morning I will have to deal with Fingerhut. She did get stuff she ordered. So they are owed for that but any other fees I do not feel they should get. If they want to really raise a stink I think the whole thing is fraudulent.

So here is my questions:

1) How should I approach Fingerhut??? Right now I would like to strangle someone!!! I plan on calling their account department first thing and getting everything closed. There is no worry for tonight as my Aunt gave me the card and she is not able to used anything but the mail to do business.

2) How do I keep this type of thing from happening again??? I can get some outfit like "Life Lock" to protect myself but how do I keep these two (My Aunt and Father) from getting taken advantage of in this way without completely isolating them from outside contact????

It really makes me angry that some out fit can just create an account in my name anyway. Is my only option some service like "Life Lock"??? Do any of you use them??? What is the cost?? How does it work???
 
IDK if any system like Life Lock can protect them from those offers, since it"s not fraudulent or identity theft, but can you have her mail delivered to you instead of her, since you are the guardian? Or would that make her feel too isolated?
 
If you can prove she is not of sound mind and you can return the stuff they can nit charge you or her. Goes back the if your not 18 years old or you do not have the mind of a person 18 years old they can not hold her/you for the charges since they sent things in a way that was not legal
 
I agree, in a way, that is "faulty" selling. I am sure that they probably didn't know that she was not of sound mind, but they were not "legealy" able to sell to her. Explain that to them in a NICE way first, and hopefully they will work with you! THEN make sure you get all of her mail in the future!!
 
Does your aunt need any of the "stuff" she ordered?? Has she used any of the "stuff"?? I think Fingerhut would probably take everything back if you explained what the situation was and what had happened. I think being up front with them would be the best 1st option. If they don't want to play ball then maybe tell them the card is getting destroyed along with the catalog (they are anyway), this person is incompetent, and you are walking away from the balance due. If there is an item or two she has used so what, keep them and send back everything else paying for what you kept or had used. In fact I think with mail order items you might have so many days to actually check the items out and accept them or then send them back. I know people that send back about as many mail order items as they keep. Good luck.
 
You might try Attorney General Office. Elderly abuse, a lot of people don't like to deal with the AG's office, to collect debt.
Led
 
Life lock is about $100/year for the basic protection. I've had it in the past, and I think I remember them saying that they notify their clients anytime a new credit account is opened. It is probably worth doing, but having her mail forwarded to you would also be a good idea.
I've had good success calling companies like that and working something out, but it probably depends on who you talk to. I would talk tough up front, then be willing to compromise to settle the account.
 
Some 50 years ago I started buying from Fingerhut, their stuff was priced reasonable but built cheap.
I was yust starting out and couldn't afford better stuff.
Bought from them for several years. Aboot 40 years ago they had a promotion and was going to give away a prize to the one that had a history of purchases.
I entered the contest and won. The prize they sent me was a note pad with their logo on it.
I sent it back and told them where to stick it. Our family hasn't bought nuttin from them since.
 
This is my opinion, others may know how to handle this better:
The company probably is willing to take an occasional loss on situations like yours because overall they take in more revenue using those kinds of mailing tactics. Explain your situation to them and let them know that you refuse to pay them. Instead offer to send back their merchandise whenever they ask for a payment. They should be more inclined to close an account that will always loose them money.
 
I doubt you'll be able to get any cooperation from Fingerhut. Typically the only way to get out from under something like this, you would have be to be willing to press charges against the person, which that is not an option. Possibly some of the merchandise could be returned if their policy allows.

Don't know how Life Lock works, but it would have to operate along the same guidelines, otherwise it would be wide open to scammers.

This is an eyeopener for sure! Could have been much worse, especially if they were contacted by a real con artist. I worry about the same with my Mom. So far she's still able to smell a scam, but I still keep an eye on her outgoing mail. Same as your situation, a blessing she doesn't do internet. I do worry about phone contact, but so far she realizes to hang up on all solicitors.

It's a tough place to be in, but about all you can do is monitor them closely. Try to explain to them why you need to see all their mail, check their phones if they have them, get access to their bank accounts if they have them.
 
I will add this in. She has the stuff. She has already opened it and used it. Even if she had not for the amount involved I would not put her through taking it away. I will just pay it out of my pocket. I am going to offer to pay for the items but no extra charges. They have a $28 "late" fee already on the bill. This maybe the second bill. I will have to find that out tomorrow.

Walking away is not an option as the bill is in my name. Any bad stuff will show up as a bad debt on me. I do not have credit cards. I also have borrowed very little money in the last 15 years that would have been reported. So I am sure my credit score is not very high anyway. I just do not borrow money that much. So a little bad payment info from this outfit could easily make my score drop like a rock. I know some companies use your credit score. One of the common ones is insurance companies. So while I do not want a high score I also do not want a bad one either.

Kind of worries me about what could happen.
 
You can report Fingerhut to the Iowa Attorney General's office.

<a href="https://www.iowaattorneygeneral.gov/for-consumers/file-a-consumer-complaint/complaint-form/">https://www.iowaattorneygeneral.gov/for-consumers/file-a-consumer-complaint/complaint-form/</a>


You can report them to the Federal Trade Commission as well.

<a href="https://www.ftccomplaintassistant.gov/#crnt&panel1-1">https://www.ftccomplaintassistant.gov/#crnt&panel1-1</a>

Fingerhut's parent company is Bluestem Brands, Inc. of St. Cloud, MN. They're accredited by the Minnesota Better Business Bureau. You can file a complaint against Bluestem here:

<a href="http://www.bbb.org/minnesota/business-reviews/mail-order-and-catalog-shopping/bluestem-brands-in-saint-cloud-mn-411">http://www.bbb.org/minnesota/business-reviews/mail-order-and-catalog-shopping/bluestem-brands-in-saint-cloud-mn-411</a>

I doubt if Fingerhut is worried about your individual complaints to the Iowa AG or FTC. And a BBB complaint is little more than annoyance to them. But if they get enough complaints from enough people, it becomes a problem for them. Here's what I would do: Call them up and explain the situation nicely, how you didn't purchase the merchandise, it was not delivered to your home and you only got the bill because it was delivered to you by accident. Get the name of the person you speak to and keep notes on your conversation, including the exact time you called. I wouldn't immediately offer to pay any of the bill, and hold that as a card if you need to negotiate. Now, if they are cooperative, agree to close the account and reverse the charges, you're good to go. If not, then I would explain to the agent that you intend to file a complaint with the agencies I've listed. Most likely they'll say "go ahead"; if so you should follow through on your threat.

Once you have this straightened out, you need to check your credit history. You can get your report from the three major reporting agencies at www.annualcreditreport.com (be aware of scam sites like "freecreditreport.com"). I'd pull one report now, then wait a few months and pull a report from one of the other two agencies.
 
Don't most states have a Consumer Fraud desk in the state Attorney General's office? If you can't negotiate a settlement to your liking, contact the Attorney General's office and see what they can do for you. Many TV stations have "On Your Side" people that can put media exposure pressure on them to settle the matter to the complainant's satisfaction. They have daily episodes of that here in the Phoenix area. Bad guys really don't want media exposure so they usually settle quick.
 
Fingerhut is an excellent company with good customer relations. I would start by calling them, my guess is they will be easy to work with to put an end to your problems. If not I'll be going to St. Cloud this week, I can stop by and jack them up for you if you want.
 
Legally, I don't see that Fingerhut did anything wrong. They do not know her mental state. I am sure that they have dealt with this problem more than once. I would call customer service check for any other pending charges and close the account.
As was suggested change her address to your place. Fingerhut does not actually send out their own catalogs. Customer base is usually generated by a clearing house,so it may be hard to stop the catalogs.
 
Fingerhut has been around at least 40 years and is a reputable company. I am sure you can work something out with them to make sure it doesn't happen again.
 
Fingerhut has a history of preying on the vulnerable, give credit to anyone regardless, at a very high interest rate. But I think you can work this out, if she received the product and used it, then it needs to be paid for, the extra fees should be negotiable.
 
The freight company I worked for did allot of business with Fingerhut. They were always pretty easy people to work with. We made allot of pickups of return products for some reason or another. Most of the time it had been used and repackaged. It was usually a mess but they would just want us to pick it up and return it to them as is. Maybe they will allow you to return the material. Just a thought. Good Luck.
 
Reputable company, that is a laff, Had trouble with them years ago and got off their mailing list, somehow got back on again this past winter, everything is going strait to the can. They miss represent their items completely. Do not deal with them.
 
Fingerhut is not the old Fingerhut. The name was salvaged from a ponzie scheme involving Tom Petters. In 2014 it was involved in lawsuits about Robo calls. Good luck in all ways. Presorting her mail (with power of attorney) is probably the easiest. Jim
 
Okay, I didn't realize that Fingerhut has changed hands. The old company was reputable. But I haven't ordered from them in quite a few years. Thanks for the update.
 
We've used LIFELOCK for about 6 years - started after someone hacked our credit card number and ran up approx. $3000 charges, which was caught by our Credit Union and taken care of by them (but, no criminal charges).
Originally had the LifeLock Basic at $9.00 a month, went to their ULTIMATE package at $22.50/month/person, and I cover myself and wife. The Ultimate package, per their website: https://secure.lifelock.com/

"The industry's most complete Identity Theft Protection service
24/7 online access to your monthly TransUnion credit score
Surveillance of unregulated global networks and file-sharing sites
The ULTIMATE in identity theft protection
LifeLock's $1 Million Total Service Guarantee
Daily monitoring of all three Credit bureau reports
Checking and Savings account application alerts"

They watch our SSNs, drivers license numbers, and accounts. They also send us notifications of criminal offender moves in our vicinity, and its amazing how many there are out there!
Since getting their coverage, we've had 2 "Alerts" from them that someone was trying to open accounts in our names/SSNs. Their "Alerts" can be sent by mail, email, and/or text messages to cell phones.

I'd suggest getting LifeLock for yourself, your Aunt, and your Father, with notifications sent to you. And, have their banks/credit unions/savings accounts/life insurance policies monitored by you.

Call LifeLock and talk it over: 1-800-780-7505

And, just a thought / recommendation for you: CONGRATS for not using Credit Cards and possibly getting into trouble.
But, suggest you do get one, for:
1) those "just in case" time, such as hospital visits in the middle of the night
2) to use instead of Debit Cards - COMPLETELY contrary from what I used to do, because if someone hacks a Debit Card, they can drain your account completely, but can only get a Credit Card's limit. And, when something out-of-the-area or out-of-the-ordinary shows up on the Credit Card, both the Credit Union and LifeLock send Alerts.

As usual, your mileage may vary....

Best Wishes!
John
 
I guess I take a little different view on this. Everyone seems to be of the opinion that you would be responsible for a credit card you did not sign for or approve. I realize that this is a family member, and it is not their fault, but paying for it will not place responsibility where it needs to be - which is back on Fingerhut. I take a dim view of companies that try to push their goods and high interest credit onto consumers. I would call them and inform them what had happened, and to remove me from their mailing list, close the account. And I would not give much thought about keeping the merchandise since they assumed the risk when they initiated the entire transaction without so much as a signature. I doubt that will change their practices, but if enough people do this they might rethink their practices.
 
If you contact Fingerhut and fully and calmly explain the situation, they should waive all charges and cancel the account. If they give you any garbage, then would be the time to point out how you intend to file complaints that they are soliciting and taking advantage of the infirm. I had this happen with my oldest daughter in her teens. She was taken in by Amazon Prime. Got some free shipping. Then followed a bill because she did not cancel within the allotted time. Nowhere that I know of is it legal to make a contract with a minor or the mentally infirm.

I should think the credit bureaus may also have a procedure for flagging certain accounts to avoid this thing. I would check with them. Be careful with your own personal info however. Some things can be harder to UNDO than they are to DO.
 
If I read this correctly, your real issue is the fees charged. Just my opinion, but I would also urge a calm approach stating that the product cost will be honored but they should waive the fees. Finally, without actually stating so, I would leave the very strong impression that you have power of attorney for your aunt. JMO.
 
As others have said, it seems any company would take the merchandise back once you explain the situation... that you are the guardian of a person with brain damage and she opened an account in your name without your authorization. (I would call first and note the date, time of day, and person or persons whom you speak with. Then I would make it official and put it in writing and perhaps get it notarized... and save a copy of the original. Maybe even mail it so they have to sign for the envelope.)

If they don't agree to take the merchandise back and remove ALL charges, plus close the account AND send you a letter explaining that they closed the account at your request because it was opened by someone other than you... then I'd inform them that you are going to call the Office of the Attorney General (first in your state... then in the state the business is located in), to see what they have to say about it.

Also inform them that you will turn the business in to the Better Business Bureau - though this is a place that a business "buys into" the membership - they do not want complaints filed against them.

Key thing being: document, document, document... document everything you, or they, say.

On the mail issue... I THINK that you can have the post office stop putting any junkmail in her mailbox - and if you are guardian I'd think you could direct her mail to a post office box so you can go through it before she does. We did do both these things regarding my Mom - but Dad actually took care of it, so we did not have to prove that Mom was seriously losing her mental faculties.
 
JD Seller, just so you will know in case you don't already (you're an experienced business man and likely do already), at Common Law a person who is mentally incompetent, in general lacks the legally required element of "CAPACITY" to enter into a Contract. Such Contracts can (subject to facts and laws) be judicially determined to be VOID and set aside or are VOIDABLE at the very least.

The Common Law requirements of a valid contract (as best I recall from my Law School days) are Offer, Acceptance, Consideration, Capacity and Legality. If any of those are missing the Contract can be null and void or voidable depending on circumstances. NOTE: If one party unaware enters and acts in good faith and has clean hands, there can be some degree of "equitable relief" available in certain limited circumstances.

I'm sure you have enough experience and common good business sense to deal with this situation, but if things get complicated and if there's a lot at stake, I suggest you consult with an experienced trained professional attorney for advice versus lay opinions.

Best wishes JD, take care now

John T Attorney at Law
 
Very very similar situation here with my mother. She's in her late 80's and also had a traumatic brain injury shortly before my dad died. I'm her guardian and power of attorney. Its been a battle from day one, the worst that got through was a $1200 worth of Readers Digest and Natural Geographic (paid up through 2024). Finally got that stopped and paid up for only a year with a refund. I paid my attorney $50 to write a letter, its cheaper than therapy or blood pressure medicine. The worst near miss was she had a $50,000 order to replacements limited for dishes filled out and phoned in but the only credit card she had was long since expired.

In the long term, I had her mail forwarded to my PO box and had the post office close her home delivery mailbox. So now all those offers get screened.
 
Yes I agree with every thing you said except the part about the Better Business Bureau. We went threw a mess with my mother and went to the better business with it. What a laugh only it wasn't very funny. They were more crooked than the company that took advantage of my mother. They sold her a 3500 dollar water softener and a pallet with 800 lbs. of soap on it The Better Business said that the Company is a good reliable company and the business transaction was legit and they would do nothing for us. Well thank god the judge is not a member of that worthless out fit. Never trust the better business bureau. Oh yes and they financed it at 25% interest . I know of another man that had it a lot worse than we did. Thanks Jack
 
Old Scovy,

Well, I agree with you... the Better Business Bureau should be called the Better Business Club since they pay a membership fee to belong to it. I was a bit surprised and dismayed to learn that fact, back when we had an issue with newly installed windows.

So I'm not sure if it was the threat of us going to the BBB or the threat of involving our attorney that got the contractor's attention post-haste -- or the fact that I called and sent a letter to the corporate headquarters... but the contractor did resolve the problem ASAP after receiving my certified letter (which contained all relevant info to the problem, along dates/times and names of persons I dealt with throughout the process).

I'm not a good person to try to rook... I'll raise cane and put a chunk under it.
 
Thank YOU all for your comments and help. I think I have it resolved. Fingerhut is supposed to send me a letter stating that we owe only for the cost of the items. This letter is to include the exact amount and a billing end date. The account was closed this AM. As soon as I receive the letter I will have my bank do a wire transfer of the funds. That way I have an iron clade record of payment.

I did take your advice and have her mail delivered to my address. I will screen it and take it to her.

I talked to Life lock today as well. They are sending me information of a multi member plan for myself, my wife, my Father, and my Aunt. I want to read up on the different levels of coverage before I buy anything.

So it should be resolved shortly.
 
Thanks for the response. We are over it now as mother is now gone about 10 years. But like you I could not believe the BBB being so crooked. We didn't catch it quick enough as mother was still living alone and this crooked sales man cam along and seen that she was a little out of sorts and he took advantage of her. 1 st of all in this town of Zephyr Hills Fl you do not need a warter softener and an off breed one like this. for that kind of money and when the best one Sears had only cost 1100 dollars, And what would an 80 year old woman want with a half ton of soap. We lost a little money on it but over all we came out OK And the Better Business knows who we are now. Thanks Jack
 
Some famous Chef (think Emeril Lagasse) had a bad rating with BBB, he called to ask as there were no bad reviews about his restaurant with them. They told him that it's because he hadn't signed up for the "premier/super-duper/whatever" package, and that if he did, they'd improve his rating.

That was about the time that it got out how crooked BBB really is.
 
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