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Collections on a bill already paid


cigarsmoker
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In mid December a CA started calling about a bill I rightfully owed. I sent in full payment to the company that provided the service and confirm it was posted to the account on January 3rd and the account was closed. However, the calls continued and I just let them go to voicemail.

On Saturday January 21st I received a dunning notice from the CA. So I sent them this letter "creditinfocenter DOT com/forms/sampleletter9" via CMRRR on Monday January 23rd. Today January 26th I received a letter from the CA stating that "We have verified with your creditor that the debt(s) are still owed and are past due." And we are here to work with you, blah, blah, blah...

So I called the original creditor and they confirmed the account was paid and closed January 3rd and they are mailing a letter stating that fact.

What should I do next? Do I go after the CA in small claims? Send them a copy of the letter from the original creditor when it arrives? At least they haven't call for the past few days.

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What you do depends on what results you want and how far you are willing to go.

If you just want them to go away, send a letter to the creditor telling them to call the dogs off and send a cease and desist to the CA. Document everything and send copies of your letters, not the original letters themselves. The letters should be short, simple and to the point, e.g. "I demand that you cease and desist all contact with me immediately."

Is there an FDCPA violation in what you have described? Probably. But the question is how easy it would be for you to prove it. Just because its obvious to you doesn't mean it will be easy to prove in court. Even if you have a slam dunk FDCPA violation, you can take them to small claims, and since the FDCPA is federal, they can remove to Federal Court.

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I agree with Usagi. When you receive the letter from the OC, send a copy to the CA along with a C&D. If the CA doesn't comply, and you end up having to sue them, you want to be able to show the court that you did everything you could to rectify the situation before filing suit.

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I'd suggest not sending the C&D at this time, to leave open the opportunity to see how they react to it. You can send the C&D later if desired.

You want them to commit alot of violations which will show the court they were willful and not negliegent.

who knows it may turn into a big money maker for you.

Now I am jealous :)

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