Fighting a Collections Agency

[JoshuaW]

Any tips? I have talked to them numerous times. I have returned their calls. I have offered to show them my bank statements showing the payments I made to Comcast (no canceled checks, all paid by card). I have tried talking to Comcast, they want nothing to do with my bank statements. Comcast said they would send me a sheet showing the payments they have, that was a week ago and I have nothing.

Comcast and the agency have both claimed they have sent me letters, I have nothing. If I try to talk to Comcast, they want payment or they defer me to the agency, the agency does the same thing.

The collections agency is saying that next Monday they are going to post to my credit report if I dont pay and "we can sort out the details later". Yeah, if I give anyone any money that will be the last I ever hear from them. I know fighting the credit bureaus really isnt that hard, but it shouldnt get to that point! I made all my payments, I returned all of their equipment after I canceled, and the amount that they claim I owe is not that of my normal billing amount.

It is absurd, though not surprising. I mean, it is clearly designed so you only have one option: Pay. There really isnt a way to dispute it.

 

[gungirl65]

Double check with the bank and make sure the payments were indeed made to Comcast. If this checks out, call Comcast & go as high as you can in the food chain.

Call the credit / collections manager. Ask for the controller or other high ranking department manager. Call their corporate office. That's BS, if you can prove you paid them then someone has misapplied your payment. Threaten to sue them if they intentionally report false information to the credit bureaus. Time to raise hell nicely.

 

[Brandon]

I am fighting the exact same thing only from ATT Uverse.
Have the proof from the bank, who and when I talked to ATT, numbers from the UPS store showing what I returned to them... Still saying I owe after they told me it was paid in full done deal. >

Good luck to you, I know the battle you are in but have no real answer other then don't give in.

 

[churchmouse]

Went through this with Brighthouse. I had several issues with the service and not much of anything was done. I went with AT&T U-Verse mid May of 11. My phone was bundled into the Brighthouse package and it showed a disconnect of 5/18/11. I called and they said a tech would be out to disconnect and pick up the gear. I said it is already disconnected. I returned the gear 2 days later and got my return reciept on 5/22/11. I paid my last bill and was out the door. I have been getting collection action from them for the bill in June of 11. I have spoken with everyone I can get to answer a phone. It is common practice to stiff you for at least one more month after you shut them down. It is a useless fight and they feel submitting is the only course of action. They have threatened me with the credit deal as well but it has yet to show up. Bad business. I will never pay this. Ever.

 

[melensdad]

LAWYER!

Get a lawyer to contest it and they MUST stop action.

My wife signed up for a class because her school said they would pay for her to take the class. Her school back out. So my wife cancelled before the class started. The college then came after my wife for the tuition for the class she didn't take. She sent them letters showing she cancelled the class properly. Went through all sorts of gyrations to show she followed the rules. They turned her over to a collection agency that started threats . . . I turned it over to a lawyer and and it stopped dead in its tracks.

 

[JoshuaW]

I am fighting the exact same thing only from ATT Uverse.
Have the proof from the bank, who and when I talked to ATT, numbers from the UPS store showing what I returned to them... Still saying I owe after they told me it was paid in full done deal. >

Good luck to you, I know the battle you are in but have no real answer other then don't give in.

Funny, I canceled to go to Uverse. Im not a fan of ATT, but Comcast has been much worse.

LAWYER!

Get a lawyer to contest it and they MUST stop action.

My wife signed up for a class because her school said they would pay for her to take the class. Her school back out. So my wife cancelled before the class started. The college then came after my wife for the tuition for the class she didn't take. She sent them letters showing she cancelled the class properly. Went through all sorts of gyrations to show she followed the rules. They turned her over to a collection agency that started threats . . . I turned it over to a lawyer and and it stopped dead in its tracks.

Its not worth hiring a lawyer over $94.77. Not at all. If it hits the credit agency and the credit agency wont remove it, maybe (with the level of documentation I have, I dont see how they couldnt).

My current plan of attack is to send certified letters to both the agency and Comcast with the proof (like hell I am faxing my bank statements). Should I be threatening legal action? If so, what wording should I be using? Also, anyone have experience with the Indiana Utility Regulatory Agency? I feel like this is the sort of thing they should be involved in, but I dont want to bother if it isnt worth the time, especially since my only proof is bank statements, and I really have no desire to show those off to every schmuck around, especially if there is little they can do.

 

[Rookie]

Actually a lawyer may be to your benefit. I ended up getting a check for $2,000.

 

[JoshuaW]

Actually a lawyer may be to your benefit. I ended up getting a check for $2,000.

Holy crap! Over what size of dispute?

 

[ludlow]

You might try contacting the Indiana Attorney General and see if they have any advice. Also, I believe the Indiana Bar Association has a free hotline it might be worth a call to see if they have any advice. Unfortunately the collection agencies count on the intimidation tactics to get your money, so many just pay it to not "ruin" their credit.

 

[perry]

Step 1 - Stop calling them. Stop answering their calls.
Step 2 - send a debt validation letter, certified return reciept requested.

Sample Debt Validation Letter | Debt Prison

That's where the $2000 comes in. If they call after you told them not to, and that reciept is the proof you told them, they can be sued. There's other reasons to sue under the Fair Debt Collection Practices Act, but that's where the lawyer comes in.

 

[Colts]

Credit

I have been threatened with reporting to my credit report and/or submitting to a collection agency (wrongfully).

My reply, is to state that I have proof of payment and that if anyone submits false claims against my credit (knowingly, since I now have instructed them - sending copies by certified mail could help) that I will make them (the companies and individuals involved) party to a lawsuit and seek full reimbursement of any and all costs (including lawyers fees) associated with correcting their potentially intentional misrepresentation (i.e. defamation, libel or even criminal activity).

In each case this stopped the activity (once was for Internet service before Al Gore even invented it and the other was a doctor bill). I keep all receipts 10 plus years (generally of no use, but very very helpful on a few occasions).

 

[Rookie]

Holy crap! Over what size of dispute?

Less than $200.

 

[jeremy]

Its not worth hiring a lawyer over $94.77. Not at all. If it hits the credit agency and the credit agency wont remove it, maybe (with the level of documentation I have, I dont see how they couldnt).

It is $95 now, but how much will that effect future credit...

Lawyer up and let him send the Paperwork around...

 

[perry]

I fought off Sprint and three different collection agencies using those validation letters. They kept charging after I canceled. None of the agencies could cough up the documentation needed - one sent me a copy of a bill but that doesn't cut it. Final letter to Sprint's CEO asking him to stop wasting my time finally got them to cut it out. Nothing ever hit my credit report either.

If a lawyer makes you feel good, then go for it.

 

[Magneto]

I would recommend an "executive email carpet bomb". They tend to get results in these cases.

 

[Double T]

Just get the teller to put the transaction on bank letterhead, with the time and amount that cleared.

There is no reason to give them any of your bank info. That's just grounds for them to sue you and have proof of assets.

I had a bank threaten to sue me over over draft charges on the day I paid a balance. 48 dollars a day for 7 days as I thought it was settled. I refused and as such, I quit banking with them.

People are crooked. When it comes to debt collection, I typically just don't talk to them.

 

[JoshuaW]

Just get the teller to put the transaction on bank letterhead, with the time and amount that cleared.

There is no reason to give them any of your bank info. That's just grounds for them to sue you and have proof of assets.

I had a bank threaten to sue me over over draft charges on the day I paid a balance. 48 dollars a day for 7 days as I thought it was settled. I refused and as such, I quit banking with them.

People are crooked. When it comes to debt collection, I typically just don't talk to them.

Why I did not think of that, I do not know. I will have my banker do that.

Should I send these letters as a packet (IE bank statement, limited cease and desist, and debt validation) or should I send them individually?

 

[Mad Macs]

I had a similar issue with Sears in Greenwood about 8 years ago over a garage door opener installation that I paid with a check for. Sears never once contacted me, simply sent me to collections 2 years later. It took me a week, but I emailed their entire corporate headquarters until I got it taken care of. I still refuse to shop there, they can kiss my.....

 

[SideArmed]

As mentioned before, STOP TALKING TO THEM!

Then start your research here: The Fair Debt Collection Practices Act

There has been some good advise so far, the best being, STOP TALKING TO THEM. Send them the certified letter asking for proof of your debt. Chances are if you really don't owe them the money, they will stop.

I had an agency after me for ~$27, I had the final bill from verizon showing a zero balance due and that the account was closed. I enclosed a copy of that bill with my debt validation letter, and amazingly enough they sent me a letter back two days after they received it stating that the case was closed and i would no longer hear from them.

 

[Colts]

Just show this:

Page 2: W. Va. Woman Fights to Collect $10 Million from Debt Collectors - ABC News

So apparently, record your phone calls too?