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Posted

Good morning:

I received a letter yesterday from a junk debt buyer for a Cingular account that I never paid. Seeing as I have never had an account with Cingular, I don't think that this debt is mine. But my question is...part of the bill included a $45.00 Collection Agency Fee. Are such fees permitted?

Was reading the statutes in my state (NC § 58‑70‑115. Unconscionable means), and it says:

"Collecting or attempting to collect from the consumer all or any part of the collection agency's fee or charge for services rendered, collecting or attempting to collect any interest or other charge, fee or expense incidental to the principal debt unless legally entitled to such fee or charge"

Would that fall under "unconscionable means"? Seems to me that this fee violates state law.

I wrote a dv letter to them and was wondering whether to warn them in the letter or just simply file a complaint with the Department of Insurance which issues their permits?

Posted

You could write your AG and ask them to investigate on behalf of the consumers of NC, if you think this CA/JDB is doing something wrong. Most AG's will not investigate for you...they only take cases on the behalf of consumers or residents of that state.

Posted

Why would you lieva out the "unless legally entitied" portion when reaching your opinion?

As a general rule, I think it correct to say that a CA is legally entitled to collect fees, interest, etc. IAW whatever contract/instrument established the debt so I would point you back to your original contract/cardholder agreement.

Now, if the debt isn't your debt then you obviously won't have the original contract/cardholder agreement so that would be something you should ask for through the DV process.

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