Turned over for collections for what is likely a contract Dispute

[sparks70b]

I signed up for a service that I do not believe to be necessarily a fraud, but a service that was over hyped and over promised.

 

I did sign a contract and a finance agreement and I do not believe the services were not adequately provided.  I stopped paying and was turned over to collections.  I do believe the "finance company" was for billing purposes only.   The collections are under the original company.  If it were a finance company they would be the one listed.  At least, I think.

 

I also believe the original company does not care about the debt.  They are not even around anymore.  I believe the collection company is trying to get me to pay something for a debt I may not even be on the hook for. 

 

I asked the credit bureau to provide Verification the debt was assigned to the collection Agency.  I figured they may just be trying to get me to pay and then they got me.   All I got was a contract in the mail. To me it does not prove they can collect.  It at best proves I owe someone else who is out of business and at worst it is a contract dispute. If it was sold I may be on the hook but it would still be a contract dispute.

 

Need guidance on how to proceed.

[BV80]

15 minutes ago, sparks70b said:

I signed up for a service that I do not believe to be necessarily a fraud, but a service that was over hyped and over promised.

 

I did sign a contract and a finance agreement and I do not believe the services were not adequately provided.  I stopped paying and was turned over to collections.  I do believe the "finance company" was for billing purposes only.   The collections are under the original company.  If it were a finance company they would be the one listed.  At least, I think.

 

I also believe the original company does not care about the debt.  They are not even around anymore.  I believe the collection company is trying to get me to pay something for a debt I may not even be on the hook for. 

 

I asked the credit bureau to provide Verification the debt was assigned to the collection Agency.  I figured they may just be trying to get me to pay and then they got me.   All I got was a contract in the mail. To me it does not prove they can collect.  It at best proves I owe someone else who is out of business and at worst it is a contract dispute. If it was sold I may be on the hook but it would still be a contract dispute.

 

Need guidance on how to proceed.

You need to find out if another company took over the original company’s business.  

What is the SOL in your state for this type of contract, and when was your last payment?

If the debt is still within the SOL, the collection agency or current creditor would be required to prove you owe a debt, but you would be required to prove that the business did not fulfill the obligations outlined in the contract.  Do you have that proof?

BTW, you do not request verification of a debt from credit bureaus.  Verification/validation falls under the FDCPA, and the right to demand validation is triggered only after receiving the first collection letter that contains the 30-day validation notice.   Then, you send a validation request to the entity that sent you the letter.
 

 

[nobk4me]

Are there other options/remedies you could try, if this was a borderline unethical company?  Such as, contacting the state attorney general, Better Business Bureau, and any other consumer protection services/agencies.

Ohio has a Consumer Sales Practices Act.  Links:

 

https://www.ficlaw.com/business-litigation/archives/the-ohio-consumer-sales-practices-act-what-is-it-does-it-apply-to-me-and-if-it-does-what-do-i-stand-to-lose/

 

http://codes.ohio.gov/orc/1345

[sparks70b]

I have been a little tied up and did not get a chance to respond. 

• The debt is still within the SOL. 
• The debt was not assigned to another company. 
• I do not have any proof they did not fulfill the obligation. 
• I have proof of a dispute via emails and a complaint with the BBB

Once I filed with BBB they offered to let it go if I retracted which the BBB would not allow.  I did close it and they stopped trying to collect.  I was willing to accept that.  Years later the collection agency is back at it.  I suspect they are collection for what I may not owe.  I told them to sue me if I owe. There is no plaintiff to sue me.

My main question is how to get it off my credit report?  I did request verification in hopes of proving they do not even have the right to collect. It was pointed out that should go to collection agency.  I would Imagine I would request information from the collection agency of there right to collect it and then follow up with Credit Bureau if they can't provide it.

 

Any suggestions would be appreciated