Disputed item on report

[Corbay]

Here is a quick run down of my problem.

I have a rental property that I hired a Rooter company to clean the drain. I talked to the guy and told him to clean the drain, he stated it woudl be several days before he could do the job, BUT I told him before he went and attemped to do the job to call me because it was several days away, and I would need to notify the tenants. Well he never called, he never set a time to do he job, he just showed up at the home to do the job. The tenant refused to allow him to do the job because we had already took care of it. He sent me a bill for $50 for basically knocking on the door. I called and tried to reason with the guy about the matter, he refused to budge on his bill. I told him I would not pay him because he never called to set an appointment and confirm everything with me. He turned me over to a collection agency. He turned over a bill for $106 (basically double). I marched down to their office and handed them a debt validation letter. She said sorry but the collection stands. I said do you have signed proof that I owe him this money, or that he fullfilled his job? She stated no she didn't, she was going on his word. She said I hired him, and I owed him the money. I said gee how did the bill double? She checked and got back to me, he said he made an error and billed me for another job, but it was not my bill (yeah right he was trying to double dip to compensate for the collection fees). Anyhow they now have a listing on my credit report for the $56 and then it says "disputed".

What is my next course of action? Should I dispute the collection with the credit bureaus? Don't they have to provide a written agreement with my signature in order to collect?

Can I sue the collection agency for going forward with the collection even though they didn't properly adress the validation?

Thanks in advance.

FYI this fight is not about $56, I have more than enough money to pay. It is a matter of principal. I will not pay someone who has not performed a service.

[Robert Nashville/Savannah]

Did you sign anything? If so, what did it say about his obligation to call and set an appointment before showing up?

If it's all verbal then it is a pointless argument and you really don't have anywhere to go with this.

Also, this could well be construed as a commercial debt (not personal) in which case FDCPA (and validation requirements) would not apply. Even if they do, you shoudl have done it CMRRR - handing it to them is no better than asking for it by phone.

If it isn't in writing it didn't happen.

[Corbay]

Robert,

Thank you for the reply.

There is NOTHING in writing. I never agreed to anything, and never signed a thing. At this point it is his word against mine as to how the events transpired.

I am quite amazed the collection agency even took on the file because of these issues.

I want to know how I can get it removed from my CR. Do I need to request validation with the CRAs? The CA would have nothing to go on except a hand written statement from the Rooter guy saying I owe the bill.

Please advise.

I am willing to go to Small Claims if I have to. I am not going to back down, this guy rips off people here all the time. Well not me.

Thanks again for the advice.

[mikey]

OMG...what a rip off....I would report it to the BBB. This is a scam. If I called for a price on a job (estimate), gave my address, phone and name, you mean to tell me that they have the ability to say they did a job and deserve to be paid? I would think in a situation like that, they need a signature before they can do the job. Small town? Word can sure get around fast and this guy must not worry about lost business.....

[Corbay]

Yes it is a small town (16K people), and this guy is a franchise of a national company.

The collection agency is local.

I knew he had a bad reputation before, but was in a bind. My normal rooter guy was busy.