Any clue on this

[CarolinaBlueEyes]

Two years ago I hired a man to do some work on my yard, he wanted a six month contract. I signed the contract (he was supposed to come once a week to do work and lay down pine straw,.. etc), he showed up only a few times.. and tried to jack up the price above the contract several times but I refused to comply.. He had a bad temper also, showed up drunk twice and would leave long garbled messages on my voice mail... so I fired him. after two months (which he was paid for)

I hired someone else to finish this job.

Yesterday I HAD to laugh.. some mom and pop collection agency (local) called me telling me he had put his accounts there and by law I was required to pay the entire contract, I informed her contracts go both ways and I look forward to seeing him in court (and left him a message confirming that, and told him if he tried to sue I will be glad to counter for breach of contract.)

HERE is where my question goes.. this guy is NOT the brightest bulb in the lamp.. his company consisted of a lawnmower and a truck.. the collection agent said "well he could report this to your credit reports".. I want to know how he can and what he has to do.. he doesnt have a SS number for me and frankly if he does I will sue since my credit is really getting cleaned up..

Is there a process , I would THINK he would have to be connected somehow to the networks.. but I don't know if the agency will advise him or not (I know they can't report since they don't own it but I was wondering about it).

It just seems wrong he could just report any old thing he felt like it.. I can't imagine that it would be that simple.. he would need some sort of proof wouldn't he. Can the average Joe do that??

thanks in advance

[hiblues]

What a low life piece of cr@p.

Let this be a warning to everyone. Don't sign contract with

idiots.

I have to ask, is it a real collection agency? or his friends calling?

also

they don't have to own it to report it.( if they are a real agency)

Maybe it's time to contact him direct and give him a scolding

over the phone.

[CarolinaBlueEyes]

What a low life piece of cr@p.

Let this be a warning to everyone. Don't sign contract with

idiots.

I have to ask, is it a real collection agency? or his friends calling?

also

they don't have to own it to report it.( if they are a real agency)

Maybe it's time to contact him direct and give him a scolding

over the phone.

No its a real agency but its one of those tiny local mom and pop shops.. I checked them out.. He already got an earful in his voicemail yesterday.. I pretty much told him he was paid for work we both know he did not do, but I can't understand how he could report it if they don't have a SS. The agency said "we can't keep him from reporting if he chooses to do so.. " so I assume they are not of this mindset either.. I guess worse case he reports, I dispute it, what does he have?? Nada so they will have to remove it.

But how can a broken contract be reported?

But believe me if he decides to be this big of a tool (he has pulled this I have found out , on the other five clients he had as well , we all fired him) I will sue him for breach, I won't even bat an eye over it and told him as much.

[wahoo238]

They dont nessisarily have to have your SS to report the collection, I believe name and address would be enough, reporting will come via the CA. Unfortunately when you do dispute they will have grounds to verify with CRA as they have a copy of contract, if you DV CA they have a copy and will send it, that would be enough to validate for FCRA and FDCPA purposes.

Now have you recieved a Dunning letter from the CA with in 5 days of initial contact? Is this CA lic? NC requires it and they must show number on letters.

If other clients are in the same boat I would suggest you all band together and head to small claims court.

[hiblues]

"The agency said "we can't keep him from reporting if he chooses to do so.. "

I'm sure that ""Joe's Landscaping"

is not registered with any CRA to report information.

CA's come with with creative ways to imply certain things.

Don't worry this aint going anywhere..

but

you should consider a lawsuit against him

and if you think the CA is in on the scam- them too.

( does 5 people mean a class action law suit?)

How many other people has he done this to and he has

gotten paid?

[Amerikaner83]

how about you tell him you WON'T sue him for breach of contract if he and the CA drop it...but you're ready willing and able to file in 2 weeks

[CarolinaBlueEyes]

how about you tell him you WON'T sue him for breach of contract if he and the CA drop it...but you're ready willing and able to file in 2 weeks

your right about him not being with a CRA as I said he is ONE guy, a mower and a truck.. now the agency website is one of those "if you dont' get paid we dont get paid deals" so he is out nothing for using them.. but they are members of equifax.

I did tell him that in my message.. I explained if dropped this we could all move on with our lives and I would let it go... if he pursued it ,it would go to court.. I know it sounds like alot of drama but his ex wife and I are great friends and I have been socializing with them and her new man (who is terrific) this GOMER (the landscape guy) drives by the house, shouts obscene things out the windows (and her house is in the middle of NOWHERE, so he has to make an effort to get to it) sadly she can't file restraining since they have a son) but her other friends/clients also have not paid as well since he didnt do the job..

If he sues I totally welcome it, but screwing with my credit is a whole other issues, as far as a contract.. last time I checked contracts worked both ways... which is why it infuriates me that he can get near my credit reports.

As far as a dunning letter goes its too soon, I just heard from them friday and believe me I know all about the license laws in our state.. they are a small local firm which is what puzzled me since someone here said the CA could report it.. The girl from the CA said he could report it, so I am not sure which way this goes as of now

[cracrap]

i moved to nc in january of 07 carolina...im a licensed contractor here and in cali...yes, he can cause problems for you based on this states jacked up mechanic lien laws..he can put a lien on your property if he chooses to pursue this,he doesnt need to be licensed to do so...the ca will list it on your cr if they report to any particular cb...

in order to protect yourself properly, u MUST file a breach of contract suit because if u dont and he does,your going to go before the magistrate looking like the guilty party regardless of the facts...

or you must have a signed release ,,releasing both parties from the contract

if he refuses to sign a release and u dont sue before he sues you , you leave yourself extremely vulnerable based on this states general statutes..

contractors and developers hold power here...i am sure u know this by now...

[Fizzle1979]

Just note that the OC/CA should not be doing any inquiries into your credit report. This alleged debt did not come for a credit transaction.

[CarolinaBlueEyes]

Just note that the OC/CA should not be doing any inquiries into your credit report. This alleged debt did not come for a credit transaction.

I talked to them today, they were actually very nice (the CA).. the woman I spoke to said the same thing that HE would have to report it to the CR , they do no inquiries nor do they report.. HE is not even in business anymore... so I am going to wait and see what happens.. as I said he was a guy, a mower and a truck.. NOT really bright to start with but I was doing a favor for a friend (THAT wont happen again)..

She said when I got the dunning letter just to dispute it, which I will and I imagine that would be the end of it.. since this guy is too cheap to file even in small claims and well is not very sharp to start with