I sent a DV letter to a CA within the 30days however they are still calling me once a day to try and collect on this debt and they say they never got the DV. However i just looked online and saw that they did infact receive it on July 5th via certified return receipt. im simply just waiting for the green card to make its way back to me. The only thing im wondering about is that there was a PO Box listed for debt validation requests and another address that was their office. I chose to send it to the office address instead but im guessing if they signed and accepted it im all good right? also should I just go ahead and file suit for continuing to call (which im leaning towards) or should i send them a 2nd letter? The debt is only about $90 from a crappy old AOL account. Risk Management alternatives is the CA. any comments would be helpful JD
I think you answered your own question...just because you sent it to their "office" there is no justification to think that it got into the correct hands. I'm sure that you didn't address it to the attention of any particular individual, so it could be floating around for weeks, especially since the validation department listed is a P.O. Box and therefore probably a different area of the company. However, all that said, I am wondering WHY you are contemplating the time, trouble and expense to take them to court over a $90 bill that you obviously acknowledge as yours. Take responsibility, pay the bill and don't be so lawsuit happy.
Is this an AOL account that you cancelled, but they continued to attempt to charge you for? AOL is notorious for "neglecting" to stop billing when a customer cancels.
Where did you find the 2 P.O. Boxes? Did they send you a letter, including in it a notice of your right to validate?
exactly i waited on hold with aol for an hour to cancel the account and was still billed for 3 months of service i didnt even use. also does it really matter if it went to the PO Box or the office it was simply addressed to RMA they signed and accepted the letter arent they now responsible for getting it to the correct internal department? if my wife signs for a piece of mail thats for me and then puts it in the drawer and forgets to give it to me thats not the senders fault. also the 2 address that i found were both of their initial 30 day letter. JD
First issue: You cancelled. Their billing for 90 more days was either negligent or fraudulent. If AOL wanted to ensure that customers who cancelled were not erroneously billed, they could choose to do that. Instead, they have put in place barriers to customers cancelling, such as long waits, and CSRs who attempt to talk you out of it, and are probably given incentives to prevent customers from cancelling.
Did AOL first send you a bill the month after you cancelled, or did you only receive a bill 3 months later, for the 3 months? Was the bill from AOL, or from the CA? How was your billing set up? Was it thru a credit card, debit card, direct debit to your checking account, etc? Did they stop charging or debit on your cancellation, or did they continue charging or debiting? Did you have to block their charges or dispute thru your bank?
Also search here: http://www.mercurynews.com/mld/mercurynews/archives/ under mercury news archives, for "AOL billing", and you will find numerous consumers who have had similar problems. The above search showed there was a large lawsuit settlement with AOL in 2004 over similar billing problems. AOL generally appeared to fold when contacted by MN's consumer reporter, it appears, even when sent to collection. It appears that although part of the company is generating erroneous charges, another part is doing damage control. You need to get the attention of that part. You might send a validation request to the CA, notifying them that this account was canceled on <date>, and that all charges after that date are fraudulent. Demand that they either stop collection and remove the account from your credit reports, or show what authorization AOL had to collect charges after your cancellation, as no such authorization was given by you. Include that since these charges were made by AOL after your cancellation, and that since it is apparent that AOL has engaged in this illegal practice against many others, you have sent a complaint against AOL, and the CA, for their illegal collection attempts. CC: <your state AG> Then send a complaint to your state AG, along with a copy of the validation letter.
You may also find this interesting: http://www.state.tn.us/consumer/aol2.html And on a more general issue of accurate accounting practices, they appear bound to this: http://www.washingtonpost.com/wp-dyn/articles/A6221-2004Dec16.html "The AOL settlement requires the Dulles-based company to give the Justice Department every letter it receives threatening private litigation against AOL. The agreement also makes the Justice Department a party to normally private communications between AOL and its parent company, media giant Time Warner Inc. "AOL will adopt a new internal standard of conduct under which it will inform the Department of Justice of any new matter reported to Time Warner's Audit and Finance Committee that involves substantial and credible evidence of any Federal Crimes," the cooperation agreement states. "
You could pay just to make it go away. But if you do not think you should pay, just send another cert rr letter to the PO Box, too. In that letter, you can reference that "this is a second request." To stop the calls quicker, find their fax number and fax the letter before sending it out. Lastly, you can simply fax or mail a cease and desist letter to stop the calls while you decide what to do. Good luck.
You would be wise to make your claim that the account was closed, and when, and the amount they are claiming due is not legitimate, up front, and in writing. They provided you no "service" of any value after you cancelled, nor did they even incur any additional costs not directly due to their own negligence. It must be great to have a business, that when a customer leaves, you can just slap on some extra charges and trash their credit on their way out the door.
