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little bit of a diffrent question


hummer931
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I have a small business, and was running ads in a local thrifty nickel. The people were only supposed to run it for 6 weeks. But instead went way past that and went for too long. I said nope not original agreement not paying.

They sold my account to a collection agency.

Get this they called me other day asking for all kinds of info ( i knew it was a ca) anwyay the yasked for me and what my last name was. I gave them a bogus last name thinking it was a telemarketer. Then today i get a initial contact letter from the ca demanding payment and its adressed to my company and me with the bogus last name.

What are my options here.

They cant report on my personal credit file can they? since im an LLc? They must not have my SSN since they didnt know my last name.

what are my options

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Its a collection company.. so you need to talk to the place where you took out the ads and explain to them the ads ran longer then they were supposed too.. talk to a supervisor and this may all disappear...

as far as the CA they usually dont report this early... so DV them if you like... and dispute the debt.. since its not legit

oh and ABOVE ALL STAY OFF THE PHONE.. do NOTHING by phone.. bascially if its not in writing.. it never happened

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Disputing and requesting evidence, etc. is all Ok but keep in mind that FDCPA does not apply to non-consumer collections - the CA may or may not respond at all.

I agree, getting this straightened out with the OC is the best solution then you can tell the CA what to go do with himself.

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I'm with Robert here as being a business, the FDCPA does not apply, plus, it would be best to deal with the OC.

My opinion is based solely on IF you have a signed agreement with the OC for a set amount of time, for a set amount of money, including the dates from and to. This way, the OC has no legal recourse at all.

If this is verbal, you may have some problems, but, do fight anyway. Reason being is IF there is no written contract, the OC has no proof and it becomes a he said, she said matter. Most important on this part is that most companies who run ads will have their "brouchere" of sorts that clearly describes their business as to how much a certain item is, for how long, etc. Too many times this proves the subscriber did pay for what they claimed, and the advertiser went beyond the agreed timeframe. At the same time, if no contract is present, the advertiser does retain for their records the "form" used to sell you the ad, and keeps it in a folder with your company's name on it. Of course, you have retained all receipts, checks, etc., to prove your position. Compile all of this, make copies, and send the letter off CMRR. The only thing I would not say at this time is about contracts, etc. This is so they have no heads up to "create" one. In short, send them copies of your paperwork only. This should cause them to respond as to what they have. Do not hesitate to send your letter to both OC and CA, as CC's. Once you receive their claim, you can let us know and we can go from there. I know what I say is true as I saw it happen myself. Believe it or not, if you are able to do so, watch the "court" shows on TV daily. You would be surprised how much you may learn as to civil suits. And, this particular incident did occur to two business people from one advertiser. The advertiser lost, period, for the reasons I mentioned.

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