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Collection Agency Won't Send a Paid Letter After I Paid

Date: Wed, 02/02/2011 - 17:38

Submitted by brigbrannan
on Wed, 02/02/2011 - 17:38

Posts: Credits: [Donate]

Total Replies: 3


I paid a debt back in December via pre paid credit card, but the collection agency won't send me a paid letter. They say they will, but it has yet to arrive. I last phoned them on 1/27/11. Can I sue them over this?


No you cannot sue. There is no agreement or contract for them to provide such a document. It is also possible that they are not permitted to send one. In 3rd party collections, the creditor is the one who sends it...the CA is not permitted to do so.

Did you receive a payoff letter or settlement letter? If so, save a copy of the letter and print out your statement from the prepaid credit card. Save for at least 10 years....this is your proof.


lrhall41

Submitted by SOAPLADY on Wed, 02/02/2011 - 19:26

( Posts: 17315 | Credits: )


Quote:

No you cannot sue. There is no agreement or contract for them to provide such a document. It is also possible that they are not permitted to send one. In 3rd party collections, the creditor is the one who sends it...the CA is not permitted to do so.


This is incorrect.

If the scenario that soaplady just posted applies to this situation, then they are still in violation of the FDCPA because they agreed to send a letter in exchange for payment. If they are not the holders of the debt, then they have no business pretending that they have such authority--it falls under the "deceptive practices" clause in the FDCPA. However, the one thing you will need no matter what law you would use to sue them is proof that they said they would send it. Depending on what state you live in, you may be able to record the call legally. If so, you can catch them on tape agreeing that they said they would send you this paid letter, and also agreeing to send it again. If you have that, you can show that they strung you along just to get payment from you, and that IS illegal no matter who owns the debt.


lrhall41

Submitted by skydivr7673 on Thu, 02/03/2011 - 11:03

( Posts: 2036 | Credits: )