Invalid Debt - what do I do?

If invoices are sent then you are indeed in debt. Talk to the original company and try to settle the matter otherwise go to court and file a suit.

An invoice does not mean you owe a debt. Send the collection agency a DV letter. In it ask for a copy of the work order authorizing the work.

Do as cellular suggests. If you never authorized the work ( you should have had to sign something) then you are not responsible for this bill. Anyone can print up an invoice and sent it out...means nothing.

do you have a copy of the email where you said you do not want them to do the work? That would probably help job their memory, it might just be an oversight between the actual processors and their billing department.

yes, I sent them the email where they denied my programmer access. They never said anything about any charges and I never sent an approval for work or charges. They proceeded doing the work but they were unable to do it. I finally had to move my website somewhere else where my programmer could have access and that is when they sent me the bills.

if they take you to small claims, that email might help show the judge what occurred, so hold onto it.

This is such a mess and like anyone getting calls and letters it always throws you off and scares you. I argued with them today and they threated suit. I have found several lawsuits and FTC acts that protect ME. I just don't want anything on my credit report. I am tempted to pay just so the worry can be gone and turn around and file complaints with the FTC and attorney generals office.

On another thing: I had 7 months of service with them. I paid for 7 months. Well, they are billing me for an 8th month because they say there is a 30-day cancellation notice. It is not in their terms of service (online) and I didn't get ANY disclosure/documentation on this. Can they just continue to make things up? I never signed anything!

I keep losing sleep over this and am getting really stressed.

hi Mary--

first, DO NOT PAY. Dont pay them ONE CENT. Thats what they bother people for! They bother people and are rude and harassing for just that reason--to make people say "if I pay you will you go away already???"

Dont pay them anything--they dont deserve anything.

Also, paying it will not keep it off your credit report unless you and the debt collector both agree to that. They can just put it on as a paid collection account and you would still have to deal with it. So, fight it!

1--save all emails, letters, every communication you have between you and the original creditor. Everything. The original signed agreement, if there was one. the terms of service. the receipts each time you paid for the month's service. Everything. right up until the moment you discontinued service. And then, anything you got ever since, from the OC or from the collection agency.

2--if the terms of service say nothing about a "30 day notice" when you intend to cancel, then they are not entitled to another month of fees. it is that simple. They cannot simply say it now, because the terms of service that you agreed to say nothing of the kind. In court, a judge would laugh at them when they claim you owe it and you produce their own terms of service in response, showing no such clause. That is the entire legal purpose for having a 'terms of service' in place. Dont pay that fee, they are not entitled to it. In fact, print out the complete terms of service from their website ASAP--before they have a chance to change it. Take a screen shot of it too and save it on your computer. its a CYA move, and believe me, it has saved my bacon before.

3--if you contracted with them to complete a job and they did not complete it, then they are not entitled to collect the fee for a completed job. Period. now, in a court, the judge may rule that you owe them compensation proportional to the amount of completion they reached--if they were halfway done, the judge might say that you owe them half the agreed-upon price. then again, if you had to have the whole thing done over as a direct result of their screwup, then you should be able to fight that one fairly easily.

4--you had an agreement with them that they were to allow your programmer access, and they refused to do so when the time came. This is breach of contract right there--as long as you have something in writing showing that they agreed to let your programmer access the work in question. If you do, and they didnt, then they just blew it completely--breaching your own contract is not a good way to get paid in any business. And again, since the whole legal purpose for a contract is to show what each side promises to do, they are bound to do what they claimed they would. If you have anything--an email from them, anything like that which shows them agreeing to let your programmer access the work, then you can easily prove that they broke the agreement. breach of contract means end of deal--meaning, no further billing should be taking place.

5--check your credit reports--all three of them. if they have put this on any of your credit reports, you need to know about it so you can address that ASAP.

Once you gather together all of the communications and documentation you have, i would send the OC a certified letter. It must be certified so you can prove that they received it.

I would make this an "intent to sue" letter. I would tell them that this is their one final, last opportunity to correct this problem before you are forced to file formal complaints with the FTC and the BBB, and potentially taking legal action against them as well. I would address each of their points one at a time, in detail.

---the work was never authorized by you.
---they refused to allow your programmer access, then tried to bill you for the work your programmer was supposed to do.
---they billed you for work they never did or never completed.
---there was never any agreement for any fees or costs whatsoever.
---their own TOS doesnt stipulate a 30 day window for cancellation so legally they cannot collect it.

With each point, you may or may not consider sending them a copy of the evidence you have. It depends on feeling them out as far as I am concerned. If I think I will persuade them by showing them they dont have a prayer, then I might do so. If I cant get a feeling for how frisky they are to push the issue, then I will wait--if they really want to play hardball I will then really unload on them.....lol

In any event, dont panic--and dont let this stress you. The economy sucks and lots of companies want money they dont have the right to collect. They cannot legally expect you to pay a bill for work they didnt even perform. That right there is reason enough to not pay them anything. but I would write up a letter like that and send it certified. Then, wait for their response. If they choose to continue claiming you owe them, then let loose the dogs of war. Start with the FTC--they tend to frown heavily on business trying to take money for services they never provided.