Karaoke Forums

I made a down payment for a chartbuster harddrive in December. I had made 3 payments prior to chartbuster going out of business. Now, digitrax is asking for me to pay the balance.

I have asked for a written agreement from digitrax but they have yet to offer me one. what should I do?
Columbus, Ohio K J

my opinion is pay your debt. Digitrax owns the CB library so it is my opinion that you would owe them the balance for the product you have. They may allow you to return the product if you do not want to continue to pay for it.

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

i believe you have to be notified if your debt is sold to another company before it is sold.

make them produce the contract agreement with their company "digitrax" and your signature on it.....

i wouldn't pay it anyways, cause the device sold to you is useless and they don't support it.

and if you paid by credit card, i would request a "charge back" with your credit card company, because chartbusters sold you a unit and did not notify you about the company going out of business and making the device useless before it was even paid for in full....

do the charge back request, it can't hurt you to try and you may recover your money!

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It's all good!

Calling the drive "useless" is a bit of a stretch.

Besides, he didn't say WHICH drive it is. You didn't have to make payments on the KJPro drive as it didn't cost that much, so I assume this was for a library drive...which is hardly useless.

Mightywiz, You might want to check your facts. I know for a fact in Florida that there is no requirement of prior notification of a debt being transferred. The OP may wish to check with a lawyer in the state they are in to confirm.

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

He has not specified whether or not he ever received the drive.

If he paid an "out of business" entity money and received nothing, it looks actionable to me. Especially if Digitrax is offering to fufill a purchase he made to someone else.

why would anyone place a downpayment and then make 3 monthly payments for something they did not receive ? Chip It is my opinion you are grasping at straws. Also CB did not send out the Mediapro without full payment...therefore this had to be the 12000 HD as it was the only thing offered on a payment plan. Anyone wondering about this situation may wish to do a bit of research on legal sites using the term "sucessor-in-interest"

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

thanks for the advice everyone. It is a 12,000 song HD and I did receive it. I have already paid $1730, and have no issues paying off the remaining balance. I just wanted to make sure I pay the right company.

Though it still puzzles me why I cannot get a written agreement to guarantee the hard drive as chartbuster did and an agreement allowing me to use it for public performance.

As I just settled a karaoke lawsuit based on not having permission for public performance for my legally owned cdgs, I just want to get it right this time.
Columbus Ohio K J

Who sued you?

Mr Boo...if I remember correctly SC just had a bunch of lawsuits filed in OH. so I would think he was sued by SC. Maybe the OP will respond with details.

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

I certainly do not wish to pry; my main interest is if it was a karaoke manu, performing rights (as stated) or publisher(s). It's a fairly grim deal to realize you may not have the rights you thought you were purchasing.

SC and I settled recently in Ohio. My case has no confidentiality agreement and I did receive authorization for public performance as well as a covenant not to sue in the future.

listening to everyone's opinion, I feel better about paying off the balance to Digitrax without an agreement. I finally just received an invoice from Digitrax, which at least shows the basic details of the transaction.

thanks again to everyone for your input.
Columbus Ohio K J

Glad you came to a decision that shows honor darbykplace

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

You do whatever you want. But, if it were ME.... I wouldn't pay Digitrax a dime for something I purchased from Tennessee Production Center....

Oh, and you can send an identical check to me.... I'll be happy to "certify you" as purchasing something I didn't make or even sell you either.

At least the OP has integrity and honor enough to pay his debts...unlike some here that have admitted they wouldn't

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

Take that advice and you will find yourself in legal trouble.

Digitrax takeover of CB is no different than any other takeover, whether banks, insurance companies, automobile manufacturers, or Yum's take over of many fast food places.

Imagine Bank A takes over Bank B, where you have your mortgage. Do you honestly believe that if you don't pay Bank A, they won't do anything?

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You can be strange but not a stranger

Leave it to Timberlea to fail to recognize that there is no advice here.

Imagine bank A calling you on the phone and telling you that they took over bank B and now wants your mortgage payments...... Or, you could just send your mortgage payment to me..... and "trust me" that it's all okay....

Oh, and Athena: Please have the OP tell us when he purchased anything or made any agreements with Digitrax prior to this purchase. Did he purchase from "Big Mama Entertainment", "Tennessee Production Center" or "Chartbuster Karaoke?" Because I don't see Digitrax listed in there at all.

Why do you suppose this is happening?:


You'd think that if everything was on the up-and-up, there would be no delay.

good try Chip. It is common knowledge that Digitrax took over Chartbuster...much the same that it was common knowledge that Bank of America took over Countryside( try not paying a mortgage you initiated with Countrywide that B.O.A took over....you will lose your house...oh and just to make it clear nobody was notified in advance on those either and it was 100% legal, a take over is not the same as a sale legally). The drive he bought was the "Chartbuster 12000" as he has confirmed in his post "thanks for the advice everyone. It is a 12,000 song HD and I did receive it. I have already paid $1730, and have no issues paying off the remaining balance". I just wanted to make sure I pay the right company." No-one has to show an agreement (written or otherwise) with Digitrax as they "took over" Chartbuster ...very similar to the B.O.A taking over Countrywide.Oh and he also stated " I finally just received an invoice from Digitrax, which at least shows the basic details of the transaction. "

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

interresting thought...........
does he pay Digitrax for the content that they bought from Tennessee Production Center.......
or does he have to pay Piracy Recover LTD. for the Trademark on those tracks?
Which one does legally need to be paid? OP has a CB drive and PRLLC owns the graphics and trademark rights, but it has CB tracks and Digitrax owns the music rights on the tracks.

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Paradigm Karaoke, The New Standard.......Shift Happens

well since he owns the product and is using it as it was designed to be used (not media-shifted) it makes sense he would pay the company he now owes the remaining balance.......you know the one that sent him the invoice (Digitrax)

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey