fuel company lost account 3 years ago now want paid
Date: Sat, 03/07/2009 - 10:17
Submitted by love_my_things
on
Sat, 03/07/2009 - 10:17
Total Replies: 10
while going through my settlements i had a dirty collector that double dipped my checking leaving me no money for 2 months.
I had a budget account through a fuel oil company who brought me fuel oil to heat my home at 140.00 a month. I called them when this happend and told them i could borrow 50.00 to send to them till i got my money back. they seemed ok with this. Next month still no money yet borrowed 50 more called explained they were ok with it. after sending the 50 i got a letter stating pay in full (1,000) or its going to collection. I called the office my account was gone i never even missed a payment. no record whatsoever about my account didnt even know were it went. she told me to wait to see if a collections office got ahold of me if they did not sometimes they write off those small accounts. Nothing. I waited 3 months till i got my refund an called to pay in full the balance. I couldnt because she did not know how much i owed or where the account was and that they may have written it off.
Now 3 years later im getting a letter from a attorneys office out of NY wanting payment in full or the account will go to a attorney in my state to seek litigation. And Now i dont have any money.
Its pretty crappy that the sol is almost up and now they are pursuing me even though i tried to pay it many times.
In the middle of this mess the company was bought by another company and now they are ones who are trying to collect. I dont know if this has added to thier confusion or what. But i did send for a validation request and they sent it out only it does not show were i made payments to them only delivery and running balances and is pretty confusing.
Im not afraid of litigation i have been there before once, i live in a no garnishment state so im not real worried i just dont know what my next move should be.
hey hope you guys dont mind but im bumping this up because no on
hey hope you guys dont mind but im bumping this up because no one has answered it yet! This is the reason why i joined the forum was to find answers to this issue but im still not sure how to go about it or what to do.
So yes i am need of help today!! any help would be appreciated thanks a bunch!
Hi love_my_things, This is a challenging situation to respond
Hi love_my_things,
This is a challenging situation to respond to.
Which Collection agency has it, is it the law firm, or is the law firm hired by an outside agency? And what is the name of the law firm?
chrys
its a law firm the name is robert P rothman and they say they ar
its a law firm the name is robert P rothman and they say they are working with the fuel company to collect a debt for them (the name is the company that bought out the old company) and if i dont respond that it will be sent to a law firm in the state that i live to collect.
I have sent the letter stating im not sure if the debt is mine, and i needed verification, so they sent out this report that has all the times they brought deliveries but only shows like the last 2 payments that i made the 2 50.00 payments not any of the other payments.
I recieved a letter from them the other day that they say i have no reason as to why i wont verify the debt so if i dont respond that means i claim it. so once again i sent them a letter back stating that i dont claim it yet, im still figuring out some things and Im not sure if i owe it or not yet and i cant afford to pay anything anyhow let alone a debt that i feel that i may not owe.
sorry that was my post above i guess i must have gotten logged o
sorry that was my post above i guess i must have gotten logged out somehow
also i wanted to mention on their debt validation after all the
also i wanted to mention on their debt validation after all the charges it shows that it was "charged off" so i was under the impression that when the lady told me that sometimes they write off these small debts this is what they had done and it confirmed my suspicions when i saw that, now i had the attorneys office explain that and they said that is when they turned it over to them not that it was wrote off.
Just because they write it off, or "charge off", doesn't make th
Just because they write it off, or "charge off", doesn't make the debt go away - they just sell it to a debt buyer. The attorney is probably representing the debt buyer.
How close is it to the SOL? You may be able to delay it and drag it into the SOL period, but that depends.
You are getting a return receipt for these letters, I hope.
in his return letters he states he recieves my letters. and yes
in his return letters he states he recieves my letters. and yes i have getting a reciept. It got wrote off in january 3 years ago. but one of those 50.00 payments came after it got wrote off in febuary. so they actually must have sent it to collections after the first month of the 50.00 but somehow it did get posted these last 2 payments do show on my validation letter but only these 2. (even though my account was missing so they say)
So the next time he sends me a letter, whats my next move? I dont respond to all of them, just about every other one first one last fall. (requested validation to him) he sent it) I did not respond to the next letter in december. i get one about every 3 months or so now it seems
He sent another in feb stating that i had no reason as to why i have not confirmed or denied the debt yet. That if i could not pay up it would be sent to a attorney locally. I sent him a letter back stating that i am not paying a debt that im unsure of is mine or not. (he sent a paper wanting my earnings) I was honest that i have no job and no income that i make. So the little bit of money that i have cant go to bills that may not be mine to pay i was still sorting the details out. And that if they could not be patient while i try to sort things out,I understand that they need to do what they need to do.
Honestly i had every intention of paying this over and over and called around, tried tracking it down, nothing. NOw go figure i havent got to dimes to rub together and know they are comming for it.
oh, also i wasnt sure scince it was a account for fuel oil, but
oh, also i wasnt sure scince it was a account for fuel oil, but i am expected to get a check in about 3 months for 3-500 dollars do you think that they would settle a debt like this?
It's certainly possible. Just let them know that your financial
It's certainly possible. Just let them know that your financial situation is really bad, and if they decided to take you to court it would be bad for them. Sort of the carrot and stick technique. "Here take this $500 and push off". You have to make them think that taking a settlement is the best course of action for them. Of course, you would have a much better chance at closing the matter with $700. But, since it is a charge for a product, you may be required to pay the whole $1000. It all depends. Settlements are so capricious.
That letter you sent to him already should work for now, it's better to wait until their response to plot your next move.
And the SOL count starts from the date of last payment. If it was really close to the SOL they may be more aggressive in their collection pursuits. What's your SOL? I'm still not clear on that.
4 years (pa)so im looking at they have till next febuary and its
4 years (pa)so im looking at they have till next febuary and its still at the attorneys office in ny. So it would have to be sent to one in my state wich is a no ganish state which not that i have anything to ganish, the only thing they could do is put a lien on my home i think. Atleast that is what they had to do whith the cc that sued me when i was going through my settlement program.