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Once you Pay CA are you pretty much screwed ?


tmac01
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I noticed on my CR about 5 months ago that I had a CA on my CR. I immediately called the OC who was Direct Energy and they stated that I owed $84 and that if I paid it that it would be clear. Now I have been told to never pay a CA but the OC I was confused on that. I told them that they had never notified me and that I had given them my new address and phone # if they had any problems because I was moving. Direct Energy admitted to never contacting me or ever sending me any form of letter to let me know that i owed $84. They just waited 1 month and sold it to OSI Recovery Solutions who held onto it for 10 months before they put it on my CR. OSI as well never contacted me within those 10 months not ever. So now I have paid Direct Energy and they even sent me a fax showing that I never owed them anything and I had a zero balance and always paid on time but what good does that do me ? I had excellent credit with DE and they just screwed me. Now OSI just ignores my DV's and letters and I'm stuck with a neg. CA on my CR....What should I do and who should I go after. The CRAs have done nothing and either has OSI. The only ones I have not gone after are the OC-Direct Energy. Any help is appreciated !!!! :)

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1. You had an account with Direct Energy

2. You provided them with an updated address before moving

3. They determined at some point that you owed them $84

* What were these charges?

* Do you have them itemized?

* Were they for services you received before moving?

* Were they for charges at the address after you moved?

* Did you instruct them to shut off the service or transfer the service out of your name?

4. You state that they admit that they never contacted you about the $84?

* Maybe they sent it to the old address?

* Or did they just bill $84 to your account and not send out a statement?

* If they sent it to the old address, did you provide the post office with a forwarding address?

* If they sent it to the old address, did it come back return to sender?

5. You received a fax stating that you never owed anything and you always paid in full.

* Was the $84 determined to have been a mistake? If so, what kind of mistake?

* You stated that you paid this amount, so I guess you did owe it, but they essentially said that you were never late due to their failure to properly invoice you?

6. What happened next?

* In your dispute to the CRA, did you include a copy of the letter?

* In your dispute to OSI, did you include a copy of the letter?

* Did you ask Direct Energy to recall the account, since it should never have been sent to collection?

With the above questions answered, it's pretty easy to put together a plan of attack and get this removed. Legit stuff almost always gets removed. It's the stuff that isn't legit that sticks around for a while.

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Your post is a bit confusing as to who you paid what. The title would indicate you paid money to a CA that wasn't due.

If you can show they were not entitled to the money, and the payment was an error, yes you are entitled to a return of the money.

There are a number of theories of law that would allow you to seek a return, including the equitable relief of unjust enrichment.

It's similar to if the bank makes an error and posts an extra $1000.00 to your account by mistake. You don't get to keep the money.

But, considering the small amount, you will have to ask yourself how far you're willing to go to enforce your claim.

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I provided them with an updated address when I had them shut the service off of my old house because I had sold it. I called Direct Energy and said " What is my full balance as I am moving to another city ?" They gave it to me and I paid it. Thats when I said " If you have any problems heres my new address and phone number," I never heard from them. When I saw on my CR nearly a year later that OSI had a neg. acct on my CR from DE for $84 I called DE and said " whats this $84 I paid you in full and you guys never contacted me ." The lady said " well we called your phone # once and it was disconected." I said " the new one in the new city I live which I gave ya'll ?" "The one with this area code ." which happened to be my old phone #. They definately admitted that was the only effort they made to contact me. I left them in good faith and this really sucks. And yes I sent the fax from DE to the CRAs and OSI and they all just told me to go beat sand. EX gave me that "we do not have enough info to investigate this please send me one of your kidneys..blah,blah,blah....Now DE they stated that I owed them for Aug-Sept yet I wasn't living there at the time so how could I be using energy. They said the account was pro-rated and that when I called to close my account at the end of July that my Aug bill cycle had not come around so when I asked what I owed they only told me what was due at that time...So I still owed for another month. The bottom line is that DE made no good faith effort to call me or send me a letter. I gave them my new phone # and my new address plus my parents address. So I have a letter from DE showing that I was never late nor did I ever owe them anything. Even though I paid the $85 it still shows that I never owed it and that I paid them off in July 2005. WHAT ELSE DO THESE CRAS AND CAS WANT :twisted:

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This sounds to me to be the perfect scenario for a goodwill letter to the top. Do some research as to who the CEO of DE is, then some more to find out the corporate addresses. Send it FedEx, they'll sign for it. Explain your situation. Tell them you left forwarding contact information in the event of future charges not yet billed, and they have admitted to not contacting you.

Do some searches for goodwill letters. It worked for me with another energy co.

Good luck!

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