CA came back with "Validation"

Discussion in 'Credit Talk' started by skidoddle, Nov 14, 2005.

  1. ontrack

    ontrack Well-Known Member

    Lots of CAs may be unlicensed in various states. If you think this one is required to be licensed in either AZ, or CA, check with the appropriate agencies, and file complaints if indicated. In particular, if they are located in AZ, are required to be licensed in AZ, but aren't, file a complaint in AZ. Whether they are legal collecting from you in CA may depend on CA law, or the whole issue might be different if the debt is not a consumer debt.

    Nonetheless, you went to the trouble of offering a settlement with payment, he accepted, and you should hold him to it.

    Send a copy of the check, since that establishes his acceptance.

    Make a copy of the check. Black out your financial information such as account number.

    If you are concerned that your signature might be easily lifted, you might "annotate" the check copy, say, with an arrow (that happens to go across the check and thru your signature, pointing to the MICR notation along the bottom added to indicate the amount paid on the check, adding some note such as "check for $xxx.xx paid to <OC> on <date>", as if you are emphasizing the OC was paid before this even was sent to collection.

    Make a copy of the result and sent that.

    CRRR of course.

    The OC already has had access to your financial information. You sent him a check, and he cashed it. He could also have copied it, and the CA could have already illegally debited based on that, if they were criminally inclined. This is not some random "phishing" letter, since you know the OC and the circumstances of the whole transaction.

    To try to do a "phone check" or ACH debit based on information provided in your dispute would be a criminal act. To do so for a "client" would be even stupider than doing so for themselves.

    Their claim that you verbally "authorized" some payment would look pretty lame when you could show that they had instead received a written dispute of their claimed debt, especially one that refuted the claim with a check accepted by the OC.
     
  2. skidoddle

    skidoddle Active Member

    Thanks Ontract

    I did EXACTLY as you said

    Provide the cashed check to
    the CA and also blacked
    out ANY info like part of
    my signature, my full name
    from the check it is clear
    the Contractor cashed
    IT BEFORE THE COLLECTION

    AND THE Collection Agency
    in their second letter
    states that the contractor
    has stated that payment
    was PARTIAL.

    Of course they NEVER gave me
    a copy of the check or ANYTHING
    other than a poor photocopy of
    ONE of the 3 bills that was sent
    to me. That is another twist in
    this silly matter the idiot contractor
    sent me three bills within 3 days
    all with different amounts.

    That is one reason I sent him
    a CMRRR letter asking for
    clarification and explanation
    of the bill. But I also sent
    my check saying payment in Full
    and if you decide to cash this
    check and not send me verifying
    information then payment is considered
    in full.

    This is getting interesting to say the
    least but now I have filed with AG
    and Contractors Board in AZ ie a complaint.

    SKI
     
  3. ontrack

    ontrack Well-Known Member

    Did you send the CA the copy of the settlement offer you sent with the check? Did your check refer to the settlement offer?

    Did you notify the CA that the OC had engaged in work that required an AZ contracting license without having such a license, that he had not finished the job, that you had made a settlement offer based on the work actually performed, and that he had accepted that offer by cashing the included check?

    Have you notified the CA that you have filed a complaint against the OC for illegal contracting without an AZ contractors license?
     
  4. ontrack

    ontrack Well-Known Member

    On top of being unlicensed, and not completing the job, are there specific items on any of the bills claiming to have completed work which was not in fact completed? Can you show that submitting the bills is itself a fraudulent act?
     
  5. ontrack

    ontrack Well-Known Member

    By the way, the amounts you are dealing with, although frustrating, are small compared to what damage could have been done.

    In my area, there was a case that made the local TV news where a family paid a contractor over $100k toward remodeling their home. The contracter took the money up front, demolished a lot of the walls rendering the house virtually unlivable, then asked for more, when he had not delivered on the project to the level of the payments.

    It turned out he was not licensed, that the license number he claimed to have actually belonged to a legitimate unrelated contracter a hundred miles away, and that he had pulled similar scams on at least 8 other families. The news attention finally got the state licensing board on his case, but whether the family ever got any money back is doubtful.
     
  6. skidoddle

    skidoddle Active Member

    I did submit my cashed check
    to the CA and a letter along the
    lines really very similar to
    yours Ontrac to the CA.

    I also dispute AGAIN, ask for
    documents that validate
    the debt AGAIN and also
    the CAs "legal authority"
    to collect in their state
    or any other AGAIN.

    SEND ME YOUR LICENSE
    IDIOT!!!!

    I just sent my third letter
    NOW stating since you CA
    will not send me ANY documents
    that validate let alone show
    your right to collect I am
    coming to your office
    and having alittle
    look at all documents
    relative to this debt
    and collection of this debt

    I also list a whole host
    of required CA filing documents for
    license, bonding to corporate
    papers ect ect

    Per Title 15 of the AZ codes
    I get to see any and all
    documents if I request AT
    THE CAs OFFICE

    I am bangin on their
    door next Monday.

    Yeah alittle fun and games!!!

    Also in AZ CA collection code
    Title 15 the last paragraph
    the CA MUST Investigate
    any debt when in question.

    What I think will happen is the
    CA will say hey I validated
    with my 3 line, cheeszzzzzy
    bill I sent you , poor photocopy
    to boot!!! I can barely read the
    darn thing......what a joke.

    No contract, no assignment
    nothin with my JOHN HANCOCK
    on it and of course there isn't

    After 4 CMRRR DV letters finally
    coming to the head of going
    to the CAs office is going to
    get some attention I think.

    The CA is going to say man
    oh man what is going on here
    this is for only $150 bucks!!!

    SKI
     
  7. skidoddle

    skidoddle Active Member

    Ontract just about EVERYTHING
    itemized he did not do.

    My tenants are whitnesses
    to this and provided me
    with a written statement
    stating the work was not
    done.

    Also the CA is in trouble because
    they state that the OC confirmed
    to them the BILL was completed
    "IN GOOD FAITH" by the OC
    and now debt validated......

    I think this thing is looking
    REAL GOOD!!!!

    So now I actually have a person
    at the CA who is also a whitness
    that OC is a bald face LIAR!!

    Or at least submitting a bill he
    knows is not accurate FRAUD.

    SKI
     
  8. ontrack

    ontrack Well-Known Member

    Can you reduce your case to a picture? OC says he did X, here is a picture of the area where he would have done X, taken on date Y, and it is clear X has not been done?

    Did you send a copy of your settlement offer letter to the CA? That is what pins down the terms that his acceptance of your check bind him to.
     
  9. skidoddle

    skidoddle Active Member

    Yes I sent the settlement letter
    to the CA

    I also stated that per the BILL the
    CA has sent me this work was not done
    and the tenants confirm this.

    But I do not think the CA cares a Hoot

    It is all about money the CA getting
    their % of the collected bill whether
    it is ligitimate or not.

    By filing complaints with Contractors
    Office and AGs office this MAY back the
    CA off.

    But now I am thinking of filing lawsuit
    against the OC.

    Why because

    1. I know I can prove his contracted for
    work no licensed for and that is a
    $2500 fine

    2. Fraud

    3. Actual damages addressing FRAUD
    Fraud is one of the few things that allows
    for pretty good damages

    4. Harrassment by the Contractor > I have
    4 worded faxes from this NUTCASE AFTER
    he put it into collection!!!

    5. Other violation of AZ professional codes

    I think the above is good for about $2000
    from this YO YO.....and I am going to find
    out

    SKI
     

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