Thoughts on handling this
Date: Wed, 04/23/2008 - 14:42
There were some complications getting things smoothed out on AT&Ts end that meant our new numbers took a few days to get working though AT&T seemed on top of it.
All seemed well with the world.
I noticed some odd letters from AT&T threatening to disconnect our lines if we didn't pay our bill early February but could see from bank statements that the bill had been paid. I assumed a system error and didn't think anything of it.
A second similar letter a couple of months later (late March) and I asked my wife to call AT&T and ask them what it was about - the phones are both in her name - long story but not related to unpaid debts. AT&T couldn't figure out why the letter had been sent out and said we were all paid up and that they'd take care of making sure no new letters were sent out.
Then ER Solutions started calling. When we established that this was a result of AT&T we called them to find out how we'd somehow accrued a $400 debt.
After much messing around it turns out AT&T completely botched our transfer in December, canceling our old contract prematurely and charging us a $400 get out fee. Because this was a different contract they'd not seen this on their system when my wife had called. All this despite the fact that we were just trying to change our phone # and upgrade cell phones.
We disputed this with AT&T and said we'd never canceled our contract and proved that we'd paid bills on time. They checked and sure enough it was their mistake - they did say we owed them a partial months payment (something I disagree with but will pursue seperately) and paid them this "outstanding amount" direct.
(Adding what we actually paid for December usage, with what we just paid them to clear this puts our total about 1.5 times above our average since upgrading our service.... so I'm really not convinced that we havne't paid twice here, but this is something to chase separately with AT&T).
AT&T claim to have sent ER Solutions and ourselves a letter confirming that this is paid, but I'm worried that ER Solutions is not the kind of company to just "let go".
After their initial call (they hung up on me when I said my wife was out) I googled their number and found this awesome site, and was trying to take the steps to ensure that they did not act outside of the fdcpa with my wife - I asked my wife to not answer any calls from them but they called her at work when I was away on business and, despite us having not received any papers from them told my wife if she did not pay them immediately on the phone that they would "trash her credit" and then cited her SSN. It was enough to scare her. WE have since received written correspondence from ER Solutions which gives us 30 days to pay them.
Basically I'm curious for feedback on how some of you guys would handle this.
- Should I send a Cease and Desist letter to ER Solutions?
- If so should I wait for confirmation from AT&T that the debt is paid and include a copy of that letter?
- Is there any recourse to AT&T who ultimately set this company on us - both through their mistake, and because when we contacted AT&T they were unable to tell us what the debt was for (In my opinion this could have been solved without CA involvement if they knew their ass from their elbow).
- Steps to take to ensure our credit is not damaged by this debacle.
Any other thoughts welcome ...
I really appreciate your time on this.
Thanks
Contact AT&T, get the credit department and talk to a supervisor
Contact AT&T, get the credit department and talk to a supervisor explain to them what is going on and have them fax you a letter stating that this was an error on their part, then fax and mail (CMRR) ER Solutions a copy of this with a Cease and Desist notice explaining that an error was made on AT&T's part and that this in not a valid debt.
If they report to the Credit Agencies dispute it in writting with a copy of your letter and AT&T's.
If you have problems getting any help from the credit department call 908-221-4191 Corporate office number and ask for the Office of the President, it has people who can and will assist you with problems.
I had a problem with a specific department where the lady hung up on me and when I called the President's office one of the assistants called the department back and just listened. I luckly got the woman who hung up on me and she started with "Oh, it you again" she was rude and about to hang up when the assistant spoke up and ID himself you could almost here the lady **** her pants when she realized how deep she was. Anyway the problem was easily solved after that.
Wow. First, AT&T is in the wrong for letting it get that far.
Wow.
First, AT&T is in the wrong for letting it get that far. Though, of itself, I don't think that sending an account to collections prematurely violates any law. FCBA wouldn't apply to them because they are not a creditor by definition. It may constitute a breech of contract on their part, which really would just give you the option of voiding the contract. Whether you could claim some sort of a personal tort, like mental anguish/distress or harassment, well I'm not a lawyer.
Now, how long has ER been calling? Did they leave messages at first -- and did you call them back? When they called your wife at work, what did she tell them? Mainly, do they know you dispute it?
Up until the account is disputed, ER isn't necessarily breaking any laws just by trying to collect, because they are following AT&T's directions. It is legal for them to make first contact by telephone; but they have to send the other notices by mail within 5 days. Then you have 30 days to dispute in writing. (Disputing over the phone technically doesn't count).
Send a nasty letter! After you really let them have it, just state the debt is not valid and you demand validation. Include the cease and desist. Don't include AT&T's letter. Certified, Return Receipt Requested.
Let them validate it. Let them call you again or send you another letter. Let them report it to the bureaus. THEN they will be violating fdcpa and you could sue them.
