
Carlos of San, JOSE on Jan. 1, 2000
On May 29th 1999, I rented two movies at the Blockbuster location above. The titles of the two movies I rented were: "There's Something About Mary" and "Practical Magic". Both of them had the 5 day rental tag.
I went home, watched the movies with my family during the same night and and not next morning, but the next one. I told my wife that we needed to return the movies before we forgot so that we didn't have to pay for late fees.
So, I rewound the movies, put them into their corresponding package and on our way to work, my wife and I went to the Blockbuster store. I parked outside and used the express mail slot that they have for the movies and made sure that both movies went through.
A couple of weeks later, I received a letter saying that I owed $10. I got really upset and told my wife I was going to the store to complain about it. In the store I explained to this girl that I had returned the movies completely on time and that I didn't owe any money for late fees and that I didn't have the movie with me.
According to them,I still had the movie "Practical Magic" in my possession. I showed my Blockbuster card to this girl and she looked it up in the computer. She told me that I had rented "Practical Magic" on May 29th and prior to that "Beauty and the Beast" and "Step Mom."
I said that's impossible, since I never rent single movies. Last movies I rented were "There's Something about Mary" and "Practical Magic." She said she didn't have that on the screen, so I told her that probably they were making a mistake with the account.
She replied no, that's what I have on my screen and you must return the movie and pay.
I then told her that I she didn't believe me what I was telling her I didn't believe either that after the movie had been put in the drop box it had been scanned (I said, who is guaranteeing that to me?) Last thing she said was that I had to go talk to the manager.
I let two weeks pass by and then I went to the store again and asked to talk to the manager. A young guy working at the register told me that the manager was not there but that probably he could help me. So I started with the same story that I described above and after all I said, he ended up telling me exactly the same -- that I hadn't returned the movie, that I owed some amount and that his boss had already looked for the movie in the store and that it wasn't there.
At that time I got really upset and started screaming that I was not going to pay for anything since I was sure that I had returned the movies and that I never rented single ones. Last thing he said as I walked out the store was, that I shuld talk to the manager.
So, the very last time I went back to the store, I asked to talk to the manager. A girl said, I'm the manager, what can I do for you? So, once again, I started describing the whole situation as she looked for my name on the screen and at the end of my explanation she said: You have already been told that we've looked for the movie "Practical Magic" in the store and that we were not able to find it.
We tried to reach you at home and we couldn't find you. So, when she told me what my phone number was I realized it was the old number, but I gave ther the new one right away and told her to tell the Store Manager to call me.
After all what I went through, she was not really the Manager Manager, she was just the assistant Manager. So she finally said before I walked out of the store: It says here on the screen that you owe $10 and need to return the movie
I waited a couple of more days with out receiving a phone call from the manager or being able to find him. Today 07/06/99 after having waited for a long time to talk to the store manager and given my version 3 times. I received a letter through the mail from a collection agency saying that I owe $123.00 + the movie. I'm really tired of this and I wish I could sue this store.
I'm tired of always being abused without being able to do anything. This is not the first time that this happens and I bet that they've probably done the same to some other customers.
Me and my wife filed Chapter 13 about two years ago. We are trying to re-stablish our credit really bad and so far we haven't succeeded. We work hard and try to live a decent life. (We are always stressed out and may wife has had at least 4 miscarriages in the last couple of years). Me and my wife live under a lot of stress since we have 2 kids to raise and 3 more of our older kids live with us, Chapter 13, Miscarriages. I can swear to God that we didn't keep the movie and we are not willing to pay for something that we didn't do.
This is the first time a file a complaint like this, since we have always been abused, but we don't do anything. This time, I'm willing to take this case even to court if its necessary, since I don't want to pay for a mistake they made.
Its truly unfortunate how small amounts of money can be so damaging to the poor. There is no real legal remedy here. This is a classical case of Carlos' word against theirs. Maybe he didn't return the movie, maybe he did. We know of no way to save his credit. He can sue on a declaratory judgment action in small claims, but that is too complicated. He may want to consult with his bankruptcy attorney in order to get suggestions.
It may also be that someone at Blockbuster will be a little magnanimous and at least admit the possibility of error when this is called to their attention. We have written to Blockbuster and are awaiting a response.