Collection agency says I owe for unpaid bill

Don't worry about their ruining stellar credit. They can't do that but they sure won't help it any either.

Above all, don't even think about paying them just to get them to go away and leave you alone. You need to answer the phone each and every time they call. Each time they call you need to tell them that you don't owe the debt and that you dispute the debt and demand that they validate the debt. Keep a careful record of each time they call and record their calls if you can.

Wait for them to send you a demand letter. When they do you need to send them a certified mail return receipt requested validation letter. Be sure to keep it simple and say nothing in your letter other than you dispute the debt and demand that they validate it. Never get off into long diatribes about some law or other or what they have to provide you with. Don't demand that they answer any questions either. There is no law requiring them to provide you with anything other an accounting of the debt.

Stay with us here and keep us updated on what happens and about any communications you receive from them and we can help you make them go away and leave you alone.

 

Unless I'm mistaken, I believe the FDCPA says that any DV must be mailed within 30 days of "initial contact" in order to have any teeth. I would ask the CA for their mailing address and your account number, then send in the request via certified mail.

 

Well, let's see about that.

Now then, let's look at the first paragraph of 809 which says

So, it would definitely seem that the law allows for that initial communication to be made by phone thereby giving rise to the provision for the written notice to be sent within 5 days after the initial communication with the consumer. It would seem incongruous to think that provision would have been worded the way it was if it did not completely cover both types of contact, either by phone or by letter. Therefore I believe that while it may be a good idea to do as you suggest it isn't an easy thing for most consumers to remember to do. Furthermore, it is not all that practical because the consumer would not be likely to have all of the collectors information such as account numbers or other information necessary to properly identify the account in question.

Furthermore, their failure to have the demanded information in the consumer's hands within 5 days after the initial communication would give rise to a cause of action which the consumer might not have if they sent a validation letter prematurely.

 

Using the phone call as the initial contact is increasingly risky for a CA.

1) if it isn't followed up by a letter that contains the required info, that's a violation.

2) if they put all that information in a phone call, they run the risk of inadvertent 3rd party disclosure--another violation.

Either way, it's bad news for the CA and good news for the litigious consumer.

If it were me, I'd wait a week before contacting them just to see if they follow up with a letter. If not, THEN I'd call them to get THEIR info (and reveal none of mine) so as to send them a DV letter. That way, you're still sending the DV with plenty of time, but you've got them on a violation.

 

That's fairly good advice but it is at least unlikely that the poster will have to wait for a week to hear from them again so a phone call to them may not be necessary.

Even if the poster calls them they are going to want all his information before giving the consumer any info at all. After all, they want to make sure they have a live sucker on the line so they can ding the caller. They have no interest in giving out information of any kind unless the caller just about beats it out of them.

Even if they call you they still don't want to give out their mailing address because the consumer might have the idea in mind of mailing them a payment and they don't want to wait that long for their money, especially near the end of the month when they need that money in hand to meet their bonus quota. They don't want to give out any information no matter who initiates the call. All they want is money and no silly excuses. (LOL)

 

You would be surprised how many people are completely unaware of medical bills they thought they paid off in full. What you want to do is make sure you cover all your bases. Call them and talk to them about the account, it's not going to hurt you. Be courteous with them and they will respond accordingly. In case this is a legitimate debt you want to be sure to find out when the CBR date is. If you ask for the exact date they must provide it for you.

It is highly unlikely that they are a fake company. Find out who they are collecting for and see if they know what date the charge was for. HIPPA laws prevent CAs from knowing any specifics of the bill if it is medical in nature, but you can always send a letter in writing requesting an itemization of the bill and they can try to provide it for you.

 

This sounds like a classic case of PR to me. I've read in some of the articles put out by the American Collector's Assn. where the debt collectors were being advised to get public with a new push towards better public relations for the industry. It was said several months ago that ACA planned to put out a series of short videos to be placed on youtube and other such sites designed to put a new face on the collections industry. I haven't seen any such videos yet and maybe they just never carried through with it.

Any money or time spent trying to paint a new face on the collections industry is about like trying to put lipstick on a pig.

icollect says the Original Poster should call the debt collector. That obviously isn't going to be necessary since they are certain to call again and again giving the OP plenty of opportunity to discuss things with the debt collector.

We had much the same situation arise at a Jurisdictionay meeting last night. A lady came to the meeting because she had received a phone call from a debt collector about a $40 credit card debt she supposedly had not paid. The lady said she paid the card off at least 10 years ago and still has the receipts to prove it. The debt collector now wants $200 more than the $40 they claim she owed in the first place. Total debt they say she owes is $240. They even admitted they had tacked on $200 as a collection fee. Now that's real friendly like, isn't it?

We advised her to pull her credit report to see if they have put any adverse listings on her credit report. We also pointed out where they have already broken the law at least twice. If they have put an adverse report in her credit bureaus they broke the law at least once more. Before they get through with her it is almost an absolute guarantee that they will commit many more violations of various consumer protection laws.

So my question to you is how do you put lipstick on a pig like that?