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at&t debt question...


Jus10
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Hello everyone!  I have been repairing my own credit over the past couple years, and I am proud to say that, thanks to a few of you and my own determination, i was able to get approved for a mortgage, and have been living in my first house for about 6 months now!  Thank you everyone who has helped!

 

This thread is more for the Miss'.  Before we moved to Arkansas (from Oklahoma) last summer 2014, she had at&t Uverse at her apartment.  I was moving to finish my degree at the University of Arkansas, and she wanted to move with me (we've been together almost 4 years) so she cancelled her service with at&t Uverse.  They told her to go to the nearest UPS store and ship the cable box, and internet router back to them.  I wasn't with her when she did this, but apparently the UPS representative told her that she does this all the time and that they don't need the router.  Had i been there, I would've stepped in and said something but i didn't.  Anyways, the router never got shipped.  at&t ended up sending her a notice saying she owed $162.78 for the router.  I told her to tell them that she still had the router and that she could ship it to them (we still have the router in the garage).  They declined and said they wanted the payment.  needless to say, she put it off and put it off until she got a letter from a collection agency (Sunrise Credit Services) for the balance of $162.78.  a few days later they called her while I was at school, and she "settled" (what she said) for $81.39.  So I didn't think anything of it.  This was back in November/December 2014.  

 

A couple months later, in February, she got another call from a different collection agency (IC Systems) saying that she owed $81.39 towards the at&t Uverse balance.  Of course i was at school this time as well, so i couldn't really coach her through the phone conversation.  She ended up paying them $81.39.  I was pretty irritated that she did that, but oh well.  what's done is done.

 

So, the payments to the 2 collection agencies totals the original debt of $162.78.  $81.39+$81.39=$162.78

 

Ok.  On about August 10th 2015, a letter was mailed to her dads house in Oklahoma addressed to her, from another collection agency (Enhanced Recovery Company) saying she owed $81.39.  She called them and told them she's already paid this twice.  The representative on the phone said she would dispute it in the system.  that was the last we heard about it.  

 

My question is, if this debt has been paid, how is it still getting passed around to the collection agencies?  It's only been a couple of weeks since she spoke with the representative on the phone, but we want to be sure we are ready just in case anything comes about.  We were going to send in a dispute letter based on the debt being paid in full.  Should we do this?  she doesn't have a receipt for the first payment of $81.39, but she used her debit card to pay it.  Do we send it a copy of the bank statement?  Just the page with the charge on it, or the entire statement?  We just want to make sure that we are prepared and have everything in order if this doesn't stop.

 

Thanks!

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Enhanced Recovery is a bottom feeder and credit report poisoner.  Check her credit reports and see if they reported the debt.  If they did go to the Florida Office of Financial Regulation and file and online complaint against ERC for attempting to collect a paid debt.  ERC is in FL so even though you are not you can use the FL OFR.  If they are not reporting simply send them a cease and desist letter saying never to contact you again about the account because the debt was paid LONG before they decided to try and collect.  If they keep trying to collect:  sue them.

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Enhanced Recovery is a bottom feeder and credit report poisoner.  Check her credit reports and see if they reported the debt.  If they did go to the Florida Office of Financial Regulation and file and online complaint against ERC for attempting to collect a paid debt.  ERC is in FL so even though you are not you can use the FL OFR.  If they are not reporting simply send them a cease and desist letter saying never to contact you again about the account because the debt was paid LONG before they decided to try and collect.  If they keep trying to collect:  sue them.

 

 

Ok.  We will get that done!  Thank you for the quick reply!  It's good to know about the collection agencies before talking to them.  Had we known they weren't "up to par" we wouldn't have even made contact with them.  Thanks again!

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  • 5 months later...

Resurrecting this thread solely because we have recieved another collection letter today about this issue.  This time it is from a company called Diversified Consultants, INC. for the same amount, $81.39.  Why do we keep getting the collection letters in the mail?  Is AT&T selling this debt continuously to various collection agencies, neglecting the fact that this debt has been paid in full a long time ago?

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1 hour ago, Jus10 said:

Is AT&T selling this debt continuously to various collection agencies, neglecting the fact that this debt has been paid in full a long time ago?

They are not selling it but simply handing off collection accounts to a whole new agency.  Send Diverisfied and AT&T an Intent to Sue letter for continuing collection efforts on a paid in full account and watch how quickly they settle with you.

 

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Ok.  Is this something I should hire an attorney for?  Or do I just send them a letter saying I'm gonna sue you?  Am I suppose file something with the courthouse?  What's the process to get this done?  I've never had this issue with any other CA.

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5 minutes ago, Jus10 said:

Or do I just send them a letter saying I'm gonna sue you?

THIS.  Send an Intent to Sue Letter.

6 minutes ago, Jus10 said:

Am I suppose file something with the courthouse?

If they don't stop:  YES.  A lawsuit.

6 minutes ago, Jus10 said:

What's the process to get this done?

Start with the letter and NOT a cut and paste one from the internet.  Short and sweet.  Debt is paid and AT&T keeps handing it off to collection agencies anyway.  They should cave.  If they don't THEN go get a lawyer and sue them.

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Ok.  So something like this:

 

Dear Diversified Consultants, INC.,

In response to a letter recieved on [collection letter date], I am responding to inform you the AT&T [account number] has been paid in full as of [dates of payments].  According to FCRA [FCRA guiline number], I am lawfully entitled to seek damages if attempts to collect this debt continues.

thank you,

[Signature]

[Wifes Name]

[Wife's contact info]

 

Should I include anything else in this letter, or should this suffice?  I should send the same letter addressed to AT&T as well, correct?  Obviously I would send it certified mail return receipt, and keep a copy for myself.  Should I ask for anything in the letter, or wait till it comes down to hire an attorney?

thanks again, Clydesmom.  I really appreciate your input/help with this.  

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1 hour ago, Jus10 said:

Dear Diversified Consultants, INC.,

In response to a letter recieved on [collection letter date], I am responding to inform you the AT&T [account number] has been paid in full as of [dates of payments] and I refuse to pay this.  According to FDCPA [FDCPA 1692], I am lawfully entitled to and will seek damages if attempts to collect this paid debt continues.

thank you,

[Signature]

[Wifes Name]

[Wife's contact info]

cc:  AT&T  (do the reverse for the letter to AT&T and put DC Inc here)

enclosure:  copy of collection letter

With the changes in red.  Otherwise great job.

1 hour ago, Jus10 said:

 

 

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I would immediately file an arbitration claim with ATT.    They don't like arbitration and are likely to settle quickly.  I would demand that they pay me everything I paid (I actually will demand a nice, even $1,000) and for them to close my account and mark it fully paid and remove anything they or their collectors have placed on my credit reports.  If they don't want to do this, they can instead pay $3800 to AAA to have an arbitration hearing.  They won't.  They will settle with you.

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23 hours ago, Jus10 said:

Sorry.  I'm just now seeing this.  If it gets to that point and if I were to do this, would I file the arbitration where the account originated (in Oklahoma), or would I file the arbitration in the state I currently live (Arkansas)?

The ATT Service Agreement lists AAA (American Arbitration Association) as the firm for arbitration:

https://www.att.com/equipment/legal/service-agreement.jsp?q_termsKey=postpaidServiceAgreement&q_termsName=Service+Agreement

AAA rules for consumer arbitration state that any in-person hearing will take place in the consumer's home town (where you live).  However, most likely any hearing would just be held as a phone hearing.  But it will never get to a hearing.  Never.  If I had this issue, I would be sending a letter to ATT at the address listed in the arbitration section of the service agreement stating that I am filing an arbitration claims for their violations of state and federal consumer laws AND I would ask them to forward the consumer filing fee to AAA per the service agreement.  I would also send them a copy of the filled out AAA demand form, and a copy of the printed ATT service agreement (required by AAA rules).

I would scan copies of all those items - including the letter to ATT asking for them to pay my fees to AAA and save them as a pdf.  I would then email that pdf to CaseFiling@adr.org. In my email I would let AAA know that I am filing a consumer arbitration case and that per the contract I have asked ATT to forward my filing fee to the AAA.

Within a couple weeks, ATT will be sent an invoice for $2600 and a commencement letter which will be copied to you.  At this time, I will request either an in-person hearing or a telephone hearing (it will be set as a desk arb by default due to the claim being under $10,000).  Once you request a phone hearing, an updated invoice will be sent to ATT for an added $1250 bringing their total bill to $3850.  This is when I would expect ATT to contact me to make a settlement agreement.  I will gladly settle with them for $1,000 paid to me plus closing of my account and removal of all TLs from any collectors they hired.

AAA Rules for consumer arbitration:  https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased

I would tell you how I know it will go exactly like this, but along with any settlement deal comes an agreement to not disclose any information about the settlement.  So, I can't.  ;)

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  • 2 weeks later...

It's taken us longer to get on this.  A few matters came up and we had to tend to those before we could find time to show attention to this issue.  I believe I have all the paperwork together and ready to be mailed off certified mail return receipt tomorrow.  Please let me know if there is anything im missing or should include or not include.

 

Letter to AT&T informing them that I am filing an arbitration against them and to forward the arbitration fees to AAA.

AT&T Consumer Demand for Arbitration Before the American Arbitration Association form (found here under arbitration initiation: http://www.att.com/esupport/article.html#!/wireless/KM1041882 . Should I fill out and include a "Notice of Dispute" or not?  Is this where I include my demands on the arbitration form, or do i wait for AT&T to contact me?)

A copy of all payment receipts with dates, as well as collection letters from various collection agencies throughout the past couple of years.

A copy of the AT&T service agreement

All these should be mailed to the address under the arbitration section of the AT&t service agreement, as well as scanned in as PDF and emailed to CaseFiling@adr.org informing them I would like to file an arbitration and that i have asked AT&T to forward to the filing fees.

 

If there is anything else I should include, or remove from the documents to be sent, please let me know.

 

Thanks again for everything!

Justin

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I would remove quite a bit.  First off, I would forget about any of those nonsense forms on the link you posted from ATT.  They are meaningless.  You need to fill out the demand form from AAA, which is here:  https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased

All you need are 3 things:

1. The AAA form I just linked too.

2.  The arbitration agreement from ATT (you don't even need the full agreement, only the arbitration pages according to AAA rules).

3.  The letter to ATT demanding arbitration and asking them to forward your fees per the service agreement.

Send those 3 items CMRRR.  Then Email a PDF copy of those 3 items to CaseFiling@adr.org.  That's it.  Nothing less, nothing more.

Forget about sending your evidence. That will be for later, AFTER ATT pays the arbitration fees and discovery is decided upon.  They have to pay to play.  They don't get to see any of my documents unless and until they start the arbitration process first.

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