bshg Posted March 5, 2012 Report Share Posted March 5, 2012 I have settled the debt (partially paid tuition) with the law firm representing the creditor. I have a payment plan, and not only I keep up, but have been a full month ahead of my payments. However, I received a letter from the firm stating that I was late on my payment. The date due sited in the letter was incorrect – according to the court signed agreement, the payment should be received by 5th of every month, and it said that payment was due on 1st. I responded with the letter explaining that my monthly due date was inaccurate in their system, and that the letter was unjustified.If they persist doing the same -- sending me bogus bills -- would it be considered a breach of a contract, and if so, can I sue them? Link to comment Share on other sites More sharing options...
1stStep Posted March 5, 2012 Report Share Posted March 5, 2012 In short, yes...but what does your contract say, and do you have proof of all your payments? Link to comment Share on other sites More sharing options...
KentWA Posted March 5, 2012 Report Share Posted March 5, 2012 I would bet that not only is this a breech of contract, but an FDCPA violation as well against the law firm. Link to comment Share on other sites More sharing options...
bshg Posted March 5, 2012 Author Report Share Posted March 5, 2012 In short, yes...but what does your contract say, and do you have proof of all your payments?Yes I do have proof of payments -- I have images of the checks that I sent to them with the stamp of the firm on the back that denotes that they were cashed. Plus the bill that they sent to me shows a correct balance -- principal minus all the payments that I have made.The settlement agreement says that if I default the payment, they are allowed to collect the whole sum, plus the interest for the last 5 years, so my guess is that by sending these bogus bills they might me building their case. I do not know what else to think. They have the copy of the agreement, and I also included it in the letter that I sent in response, and even highlighted the part that shows date due. Link to comment Share on other sites More sharing options...
1stStep Posted March 5, 2012 Report Share Posted March 5, 2012 If you've got all that, then you probably have a good breach of the contract...but I will do this one last thing before suing...Send them a copy of all the imaged checks and ask for an explanation - if they can't or won't give you one, then sue - for the full amount plus say treble damages for their breach. Link to comment Share on other sites More sharing options...
bshg Posted March 5, 2012 Author Report Share Posted March 5, 2012 If you've got all that, then you probably have a good breach of the contract...but I will do this one last thing before suing...Send them a copy of all the imaged checks and ask for an explanation - if they can't or won't give you one, then sue - for the full amount plus say treble damages for their breach.Thank you. I thought about doing exactly that Link to comment Share on other sites More sharing options...
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