Invalid Debt
A month later I got a bill saying i owed $200 ( or there about). i called and talked to a supervisor, who told me they'd charged me an early cancellation fee, plus $50 i'd racked up in charges i don't remember using. i agreed to pay the $50, and they told me i had to fax in a proof of residence change. i told her I didn't have access to a fax machine, but i would be going home soon and I'd do it in person. She said there was no time limit to send it in.
I never got the bill for the $50, so I didn't pay it. i was going to show the proof of residence change in January when i went home for winter break (this happened in October).
Three months later I get a bill in the mail from a collection agency saying i owe $260. I won't pay it because I don't owe it. I moved legitimately!
Whenever I try to talk to the collection agency, they get prissy at me and tell me it was in my contract that i only had thirty days and they were nice enough to give me three months. It was NOT in my contract!
My written agreement gives me no time limit. all verbal agreements made state there were no time limits. i hear nothing from these people about a due date, especially nothing when this imaginary due date has passed.
Now the collection agency wont listen to a word i say, and they wont give me a contact number of someone who knows what their talking about at US cellular.
CAN THEY DO THIS???
Hi Guest, Yes they can but you also can do something about it
Hi Guest,
Yes they can but you also can do something about it. Under the fdcpa, you are allowed to validate this debt, and the CA must show you proof that you owe the debt to the collection agency. So notify The CA once again and they must show proof positive that you owe them this debt.
If the CA cannot verify your debt, they must stop with the collection, they should stop contacting you on debt related issues, and they are also not allowed to report it under the Fair Credit Reporting Act (FCRA). Doing so is a violation and both FCRA, and FDCPA states that you can sue for $1,000 in damages for any violation of the Act.
All the best,
Simon
phony plan
Several years ago I purchased a cell phone and plan from Centenial Wireless. I was told that I would get free long distance calls within my state(Louisiana) and parts of East Texas. When I got a bill I was shocked to find that I had been charged for long distance for every call outside of the city of Lafayette. I went to confront my salesman and instead was told he was fired for making false promises. I turned in my phone and told the sales manager that I did not want to do business with them anymore. He told me that he understood. This year I pulled a credit report and found that there was a collection for $490 dollars from an agency associated with Centenial. I called them and gave them my story. They said that they would settle for $325. I refused and asked that they just pull the file on my salesmen and they would understand. They told me that they could not do that(how convenient.) When I asked my local public service commisioner to help me out they wrote a letter and recieved a response a few weeks later. Centenial stated that I planed on moving to California and that is why I canceled my service therefore, I would have to pay the bill plus a cancellation fee. I do not want to hire an attorney over such a small amount of money. I would appreciate any advice on this matter.
Hi Joseph Welcome to the forums. I really feel for you be
Hi Joseph
Welcome to the forums.
I really feel for you because lack of proper communication between you and the business enterprises has resulted the invalid amount of the bill.
Now, that the debt has already been charged, you will be required to pay it having no other option left. But before you do so, you have the right to ask for an explanation about each and every call. This is your legal right to know the details of your bill. Those items which are disputed can be refused payment and those which need to be paid will be paid by you. That is why they have offered you a settlement amount. You can insist on further negotiation and bargain it further.
During this negotiation, you will have to consider the fact that the said account is in the collections and is appearing in your credit report. Though it is hurting your credit file but you should pay it off as early as possible to prevent further damage. Once it is paid off, it should appear in your credit report though the collection might not be erased.
Regards
Roxette
