Disputing collection after 30 days

Discussion in 'Credit Talk' started by cazza, Apr 26, 2009.

  1. cazza

    cazza New Member

    Oregon

    Qwest communications has been billing me for over 6 months for an "unreturned" modem.

    Let's go back briefly to the beginning. Our connection was spotty so I called to have it repaired. A new modem was sent to us, and then a couple of weeks later, another modem arrived at my doorstep, for no reason. The connection continued to be poor, so I called Qwest and asked for my service to be disconnected. I then, packed up the three modems and returned them. I then received bills stating costs for both an unreturned modem, and more service that I did not receive, as it was AFTER I had disconnected my service.

    I have called Qwest probably a dozen times. Each time, I am told something different. Each time, it concludes in the issue being "resolved." I was told that all modems had been located, that the charges would be dropped, and that I would not have to pay the charges for service during a period when I was not actually receiving service. After about an hour on the phone, I am transfered to someone who can see my entire record of calls, and the times when I was told an issue would be resolved, and I am told, again, that it will be corrected. At this point, I owed Qwest for approximately $40 for actual service but was told I could wait until I received an updated bill, reflecting the amendments. But, then I would receive another bill for an even higher amount than before - now in the hundreds of dollars.

    I have now been sent to collections and this is on my credit report.

    Immediately upon receiving the first letter from collections, I wrote a letter to Qwest, explaining the situation, included a check for what I was told I owed, $40, and asked them to contact the collections bureau.

    I received yesterday a second letter from collections with a settlement offer,
    of $154, of which I do not owe one penny.

    I have two problems. The first is, I disputed the debt with the original creditor, rather than the collections agency, because I thought this would be a valid way to dispute.
    The second is, I have no proof of these "resolved" issues as all of my communication with Qwest has been over the phone, except for the letter of dispute. Does this count as a letter of dispute? The second letter from the collections agency reflected the different of $40 so I know there has been communication. How do I go about disputing these charges? Do I write to the collections agency? Do I call? Do I call and/or write to Qwest? Do I call every credit bureau? How do I prove this situation?

    Can I still send a letter of dispute to the collections agency that will be deemed VALID since it is after the 30 day period?
     
  2. Hedwig

    Hedwig Well-Known Member

    You always dispute with the collection agency.

    There is no requirement for ano original creditor to reply to a validation request.

    Besides, it's quite possible the Qwest doesn't own the debt any more.

    In any case, send a validation letter to the CA. They do not have to cease collections activity if it's outside the 30-day window.

    They never have to reply, they just have to cease all collection activity until they validate if you dispute within the first 30 days.
     

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