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advice re collection attempt

Date: Sat, 09/27/2008 - 18:57
Submitted by on Sat, 09/27/2008 - 18:57
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A CA is calling me now for nonpayment of a $250 charge to have my car doors unlocked last fall. I was at a church service in another state with my 2 toddlers and locked the keys in the car by accident. I was fuming when the guy asked for $250 -- he had said it would be less on the phone -- but paid it since my kids were exhausted and crying for a nap. He had me at his mercy and he knew it. On Monday I called other locksmiths in the area and asked them what the charge would be from them (not saying what I was charged) and they all quoted < $100. I was so angry I stopped payment on the check. Now the locksmith has turned the unpaid bill over to a CA. I feel he should be out of business if he's fleecing people like me, but I didn't act at the time (it's kind of hard to even get dinner on the table while working and taking care of 2 little ones.. no excuse I know but I have so little time to do anything other than get by day to day) So.. what should I do now? I have not called the CA back yet.


What's the name of the CA? Did you receive anything in writing from the CA yet? If not, they have 5 days after their initial contact to send you a dunning letter. At that time you can ask for debt validation by certified return receipt mail, the letter should state that you have 30 days from the date of the letter to dispute the debt!


Submitted by Shazzers on Sun, 09/28/2008 - 05:37

Shazzers

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The CA is called Lamont Hanley and Associates. I don't have anything in writing from them, they have just called me a few times. It has definitely been more than 5 days since the first call, but I haven't received any letter yet. Should I send them a DV letter proactively, then? Many many thanks...


Submitted by on Sun, 09/28/2008 - 19:43

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This is what I see. You did not dispute the amount with the locksmith like you really should have done if you felt you were over charged. Doing a comparison would have helped you dispute your case with the locksmith but from what I read you did that after the fact. By sending a payment the creditor without dispute you therefore acknowledge the debt as valid. By canceling the check you set your self up for collections activities which could lead to additional charges. Just like the fee your bank charged to stop the check. If you could not afford to pay the locksmith how did paying for the bank charge help your finances?

My suggestion would be to call the locksmith one more time. Try to work out some kind of deal him. Explain you feel he overcharged you as you called other LS if the area and see if he would accept 100.00 or so as payment. Some will do this. If he says no then pay the full amount and learn from this.

As far as the CA is concerned. Send them a cease and desist notice. This will stop the collections calls. But overall
they can and will still send notices. and if the locksmith permits can still take other actions against you.

As far the the dunning notice. All agencies mail is computer generated set up to send a notice the next day from receiving the account. You should ask yourself this. Do they have your correct address? There are so many ways around the dunning notice. There records will show it was sent, and they will respond by telling you that they are not responsible for lost mail. (which will hold up in court)

Next time you talk to them just tell them you dispute the bill and ask for verification of the debt. They will have to send you a copy of the original Invoice and what not.

Also most locksmiths do not require signatures, they trust people will pay for the service they were provided and the amount of the bill depends on how far he had to travel, how long it took him to open the locks, tools used. ect...
My friend is a locksmith.


Best of Luck


Submitted by on Mon, 10/13/2008 - 20:58

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I am putting together a class action suit against these people.
These people ARE in cahoots with insurance agenecy's.
They say I have a collections for car insurance on a vehicle I DID own but was never registered or insured in California or at the insurance agency listed. This vehicle was sold around this time (this is over 6 years ago).
The agents ARE rude and I had to speak to 3 different ones and they are doing thhings illegally. Due to the facy that they ARE trained they really know how to skirt the laws.
Report them to the better business bureau at http://www.bbb.org/concord/business-reviews/collection-agencies/lamont-hanley-and-associates-in-manchester-nh-3003086
call/contact your state Attorney General.
Some info on them:
Co-President John Hanley
Co-President Frank Wong
Co-President Joseph Lamont
Lisa Simoneau
Vice President Op...
Ashley Nadeau, Quality Assurance Auditor
The more people the better. Power to the People!!!


Submitted by on Wed, 01/20/2010 - 13:34

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