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Posts posted by Duck

  1. Wow, thank you for the amazingly fast response.  


    I guess I'll work on a letter to the OC tonight.  I'll try to dig up what proof I can.  The itemized statement from Vonage shows when I last made or received a phone call, which is several weeks before the next month's charge.  Hopefully I can find something more substantial.  I did not expect this, so I'm not sure how complete my records are.  


    I'm curious why you suggest paying the OC?  I would prefer not to pay something that I don't believe I owe, even if it ends up costing me more than the amount they claim.  However, I came here for advice, so I'm inclined to do as you say.  

  2. The backstory:
    I had an account with Vonage for several years.  It was paid automatically by debit card.  With some difficulty, I closed the account.  Also, for unrelated reasons, I obtained a new debit card so they were no longer able to charge me automatically.  Vonage attempted to charge me for the month after I cancelled the service, and they sent my account to a collection agency.  
    In summary, Vonage placed the account with RMS.  They claim I owe $37.59.  I believe I don't.  I sent them a DV letter.
    The original:

     re: VONAGE

    Amt: $37.59
    Claim No: xxxx
    Ref. No: xxxx

    This is a request for payment of this account which has been placed by VONAGE for collection.  Please remit your payment to the address above in order to avoid additional collection activities.


    If you have not yet been contacted by an RMS representative, you will be receiving a call to bring this matter to a resolution.  Should you receive this letter after a discussion with our representative, we thank you for your cooperation.




    M***h S***e



    Please consider this as notice if payment is made by consumer check, [...]

    My DV:


    Re: Ref #: xxxxxxxxxx
    To Whom It May Concern:
    I have received your letter dated xxxx in which you claim that I owe an alleged debt of $37.59.
    This letter is to inform you that I dispute this debt in its entirety. I request that you provide validation of this debt pursuant to the Fair Debt Collections Practices Act (FDCPA). This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC § 1692g Sec. 809 of the FDCPA.
    Also, please provide the original creditor's name, address, and date of last activity.
    I thank you in advance for your attention to this matter.
    Yours Truly,
    xxxxxx xxxxxx
    They responded with a letter and what appears to be some kind of computer generated vonage internal statement showing invoices and payments (debits & credits).  


     [My name]


    Claim # xxxx
    Vonage # xxxx
    Please see below per the customer's request:
    Date: Description: Amount:
    xxx Invoice # xxx $xx.xx
    xxx Payment. Thank You ($xx.xx)
    ... repeated ...
    [xxx Invoice # xxx $37.59]
    xxx Invoice # xxx $0.00
    Balance $37.59
    The invoice outlined in yellow was un-paid.
    [followed by an itemized invoice]

    And the following cover letter.


     re: VONAGE

    Amt: $37.59
    Claim No: xxxx
    Ref. No: xxxx
    Recently you requested information to support the creditor's request for payment of this account.  Enclosed is the necessary information to identify the account.  
    It is the creditor's desire that this matter be resolved but they do not with to wait any longer for payment and have requested the matter be concluded.
    Please send us your check payable to the creditor.
    M***h S***e
    Please consider this as notice that if payment is made by consumer check we will convert this check to an electronic debit to your account via ACH and if the check is returned NSF, we will represent the check via ACH debit.


    My questions are:
    • The DV response appears to say that "M***h S***e" is the creditor.  Do I have a violation?
    • The DV response contains the name of the OC, but does not specifically state that Vonage is the OC.  Did they fail to validate?  Do I have a violation?
    • The DV response did not contain the address of the OC, or any address other than that of the CA on the letterhead.  Do I have a violation?
    • What should my next step be?  I want to tell them why I think they are wrong, but I'm also leary of admitting that the account is mine.  It sounds silly to say "The account isn't mine; I don't know who you are, and by the way, I cancelled the service the month before."  Maybe separate letters to the CA and OC?


    I'm considering something like:


    To Whom It May Concern:
    I have received your letter dated xxxxxx in which you attempt to validate your claim that I owe an alleged debt of $37.59. The bar for debt validation is pretty low, and yet you still failed to clear it. [Leaving out that last sentence if it's not true.]
    I'm writing to inform you that after reviewing your provided data, I continue to dispute this account for the following reasons:
    • The creditor indicated, M***h S***e, is an entity with which I have never had a relationship.
    • I do not recognize the stated current balance of $37.59 

    Thank you for this wonderful resource you collectively have created, and thank you in advance for any helpful replies I may receive.