Looking for someone who may have some insight into banking and bankruptcy laws.

By now I am sure everyone knows that US Cav filed for bankruptcy last year, and that they were bought by another company...

So in January of 2013 I ordered a Trijicon SRS and a Eberlestock X4, mainly because I think they had sent me a 20+% discount code. Fast forward a bit, I find out the filed chapter 11. Fast forward a bit more, ok a lot, in August I received the X4. Fast forward a bit more, in October I received the SRS. Now, 3 weeks ago I get a call from a lady saying that I had a past due account. Quite baffled I looked at my bank account and verified that the money was taken out of my account in January 2013. The lady says thank you and says she will look at it on their end. A week or so later, I get a call from another lady and she says that the payment was made to the "bankrupt" US Cavalry, and that she was part of the company that purchased them. And that they did not realize that I had already paid for my items and shipped them out on "good faith" that I would pay for them. When I stated that I had already paid for them, she said that I had paid the old company, and that I still owed the new company. And that the money that I had already paid was my responsibility to call the attorney handling the bankruptcy to attempt to get my money back from them.

I am not trying to stiff anyone, but I am feeling like I am getting stiffed...

Anyone have some insight or an idea of who I can contact about what should be done?

Thanks

First stop would be my credit card company to explain the situation.  They ideally shouldn't have billed you in the first place for a backordered item which may be why you may not have a leg on stand on in that regard but it's worth a try.

Well it was my check card, and I talked with the bank...

I thought about trying to file a fraudulent charge, but it was almost 2 years ago now.

Im not attorney but the first thing id do is ask them to send you a copy of the bill in writing.

This . Who cares how long ago it was. The billing issue is between old & new company. You paid for items that were received later than promised.

Sounds like it is their problem not yours.

This is a very strange story.  They only knew you wanted the product because you had ordered and paid for it.  So they are now claiming that they expected you to telepathically realize that they didn't have to ship product you'd paid to the pre BK company and so realize you had to pay for it twice?


That's a very strange story.  Stranger still because a Chapter 11 bankruptcy may or may not actually result in a "new" successor company.  

I would tell them to pound sand and if they pursue it further, find an attorney.

I think they are trying to collect twice. Who, in todays day and age, sends something like that on "good faith" that you will pay for it. Heck, the bank won't even lend me a pen. If they bought the company then most likely they also bought their stock, debit and books.
When Hollywood video went belly up, after about a year I had some company harassing me about some overdue fees, not our fault. Federal bankruptcy laws wipe out all debit. They bought some of their debit and were fraudulently trying to collect on a old debit. I told them if they contacted me again that I would contact a lawyer. I never heard from them again.
That's just my take on it. I may have gotten some of the facts mixed up but at the time I knew what I was taking about, lol, but you get the idea.

Yeah, it doesn't sound right to me either. That is why I was asking for some advise

Here is the latest email I got from them:

Them shipping the items without contacting you and explaining is stupid. That's their own fault for sending them to you "without receiving payment."

Not a lawyer, but it is my understanding that if a company sends you something you did not order it is yours to keep free and clear. If you want to return the item(s) out of the goodness of your heart, then that is for you to decide.

If you ordered from a company that no longer exists due to bankruptcy, then that order was null and void when the BK was finalized. You would then have the option to go after the assets of the old company to recover what you could if you prepaid. Since the new company claims they didn't purchase the liabilities of the old company they apparently weren't obligated to send the old order to you. If they mistakenly sent you items you ordered from the old company, then that isn't your problem. Regardless they don't sound like anyone I would want to do business with.

Since you asked for advice i would advise you to ignore them. AFTER contacting your bank / card company.

This e-m reads like any other scam.

Most Kindest IoN6 pleasurable greetings from the company you owe a grand sum of $250.  However should you accept this modest sum of $250 send to us immediately we would be graciously no longer sending to to a collection agency of our choice.

If they didn't take over the previous company's liabilities, only assets, (as they stated) then why did they feel liable to send you the products you purchased (but had not received) from the previous company? What a bunch of bullshit.

If a collection agency does contact you, contact me or another attorney. We'll pursue them for the FDCPA violation.

Thank you sir!

I sent them this a few days ago, and have yet to hear back from them (no offense about the legalese part, it just makes my head hurt to read).