Tmobile and collection agency issue-newbie question

[Hopeful1]

Sorry this might be a bit long. I recently terminated my cell phone contract with Tmobile. It was only 2 months before it was due to end. Everything was ok, they allowed us to port our numbers with AT&T, and I suddenly receive a call yesterday from a collection agency. We were waiting for the final bill from them by mail I assume (I had been using their online billing but lost access to that immediately upon terminating my contract). I was up-to-date with everything as far as January's bill was concerned, had a zero balance, terminated with them near the end of January. No bill. Collection agency lady was not very nice. I asked if they had sent me anything by mail and she responded "no, we only got this on the 18th." I replied "isn't today the 18th?" (It was.) I told her very nicely that I would prefer to be contacted by mail. She immediately got a nasty tone of voice and said "well then I'll just mark it as refusal to pay". I asked why she would do that and was told that that's how it had to be marked if I didn't pay her immediately on the phone. I said "alrighty then" (think Ace Ventura-Pet Detective--not like I was agreeing) and proceeded to end the call. So finally, my questions. Does this sound like an attempt to scare me? Is it possible for me to contact Tmobile and pay them to get it out of collections? If so, is doing the payment with Tmobile over the phone a good idea or should I do this by mail? Could I dispute the final bill if I ever receive it to bring it back to the oc? Thanks to anyone who reads this. I appreciate all of the insight from the users of this board.

Edited February 20, 2012 by Hopeful1
Added another question I thought of

[Hopeful1]

Update concerning ID of collection agency

Apparently it is ER Solutions. Got a hang up call from them this morning after requesting to not be contacted by phone. I don't see much on here about them.

Also, the final bill I was waiting for should have been due around Feb. 15th. How long is standard before an OC sends it to collections?

[Coltfan1972]

You can do whatever you want. The collection agency can mark the file however they want. They use that refusal to pay garbage as a way to intimidate. It's like them saying if you don't pay we will explore all other legal options. All that means is they will explore the billion or so options available which are not illegal options.

It's just all use hot button words to give a sense of immediate urgency on your part, somewhat like you have to act now or it is going to really be bad. You can call TMOBILE and pay your final bill. I would have no issue paying TMOBILE over the phone but would never in a million years pay a collection agency over the phone.

If you are up for it, the collection agency will most likely violate the FDCPA without you doing anything and not even "baiting" them as the collectors like to call it.

On a side note, is it not great that a consumer can ask a collection agency what is going to happen if they don't pay the collection agency, the collection agency lie to the consumer, the consumer sue the agency for lying and then the agency cries that the consumer "baited" them into violating the FDCPA. Whatever industry can you cry about getting baited when you are asked just a simple question.

[Hopeful1]

Thank you for your response, Coltfan. I appreciate the info.

I did pay Tmobile, however, the calls from the CA continue. I'm not clear on whether or not they are in violation by calling me or what I can do about it. I asked them on 2/18 to contact me only by mail. I have received the following calls from them:

2/21/2012 11:16am

2/21/2012 6:04pm

2/22/2012 12:04pm

I do not answer and they leave no message. Not sure if I had to state my request differently or if they have a "buffer" of a few business days for my request to take effect, etc.

[WhoCares1000]

You need to send them a C&D letter. Since you paid T-Mobile, there is no sense in talking to these people at all. I usually send a C&D letter out after the 2nd call (I give them one chance to comply).

You can tell them until your face turns blue not to contact you but if it gets to court, it becomes their word against your word. If you send a letter CMRRR, then you have proof that they got it.

BTW - you cannot do a limited C&D (contact me only by mail). The law says either all or nothing.

[Hopeful1]

Thanks for the reply, Whocares1000. That's what I thought I might have done as far as the "limited C&D" is concerned.

So just to be clear, I don't have to send a DV or anything else to them first before the C&D, right?

[Coltfan1972]

To trigger an FDCPA violation you need to make your request in writing.

[WhoCares1000]

You do not need to do a DV to do a C&D. You can even send a C&D after they validated the debt. A C&D can be sent at anytime you decide you do not want to deal with them any longer.

[Coltfan1972]

You can even send a C&D after they validated the debt.

Exactly. A C&D and DV don't have to be demanded as some type of combo.

[Hopeful1]

Thank You!

[Hopeful1]

Update with Tmobile:

I paid said past due amount to Tmobile that this CA was calling me about. I receive a dunning letter from CA dated from the day before I made the payment (I paid by phone). They stopped calling me 2 days after I made the payment. Do I need to respond to the dunning letter?

[Hopeful1]

After looking a little more closely, the letter I received from the CA for the non-existent past due amount is from a different CA than the one that called me. (I suppose it could be a different division of the same one who called me though). The date on the letter is the same as the date I paid by phone. Anyway, this letter is from Convergent Outsourcing. Do I need to DV it or what since it was already paid to the OC?

Not trying to be overly persistent, but I realize that my 30 days is up soon.

Edited March 9, 2012 by Hopeful1