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malbiar
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I had an outstanding blance at my dentist's office of $65. I made a partial payment to the dental office before the collection agency they turned it over to even processed an invoice. Now the CA keeps calling for the full balance? I told them I paid the OC and they need to contact them. They kept being persistent and told me they are reporting me to the bureaus and for me to fax a copy of the receipt for the partial payment I already made??? Should I deal with them at all? New to collector harrassment!!! Also, they're aren't even on any of my credit reports??? Confused???

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Why did the dentist turn it over if you were making payments on the bill? There's a little more than meets the eye here. Don't pay the collection agency. Don't even talk to them. See if the dentist will retract the bill from the collection agency and pay them the balance. Get it all in writing. I would write something like the following to the dentist:

----------

Name

Address

Dentist

Address

Sirs:

[Explain situation briefly. Exaggerate experience with collection agency.]

Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq) and YOUR STATE's Consumer Credit Statutes, they may be held liable for the actions of COLLECTION AGENCY NAME.

“A principal may be vicariously liable for an agent's tortuous conduct based upon an apparent authority theory, if the principal cloaked its agent with apparent authority, i.e., held the agent out to third parties as possessing sufficient authority to commit the particular act in question, and there was reliance upon the apparent authority.”

[15 U.S.C. § 1681o]

I am more than happy to pay you directly and will only do so if you retract this bill from the collection agency. Once I receive a signed response back from you stating that you are going to retract the collection, I will come down with certified funds and pay you directly.

I believe this remedy will be the most beneficial for both parties involved. I await your reply.

Thank You

Signature Date

--------------------

Good Luck

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