Jun
29
ubetcha1000 asked:
I am disputing a bill with a collection agency. Even though I have informed them that the bill is incorrect 3 times, they still have reported me to the 3 credit bureaus as being late. What good is it to dispute a bill if they can do whatever they want. What can I say to the collection agency so that they will remove this bill from the 3 credit bureaus? Don’t I have any rights to fight this bill? Would it be possible to take this to a small claims court? Thanks.
Mail this post
Comments
11 Responses to “What is the best way to fight a collection agency?”
Leave a Reply
You must be logged in to post a comment.
The best way is to use your fists.
You have to show written or printed information that supports your claim that the bill is incorrect. Do you have a copy of the bill showing paid? Can you get a letter from the company stating the bill has been paid? If not, you are out of luck and will have to pay it again.
It depends on the size of the bill, the type of bill, and what proof you’ve offered that it’s wrong. First, if you can afford it, you should pay the bill to avoid further damage to your credit rating. That’ll cost you a lot more in the long run. Then, to dispute the bill or get your money back, you need to provide them with hard documentation and proof as to why you’re disputing the bill. Saying “it’s wrong” isn’t going to get you out of it. They hear that a thousand times a day.
Get yourself D-9 and worry the bastards with that. That will make the phony s.o.b`s think twice about disrupting your life. A baseball bat works nicely if you dont know how to run a bulldozer.
Do not let them find you
The collection agency’s job is to collect, period end of story.
If the bill is wrong, contact the company the bill was originated with, dispute the billing with them. Explain to them you are in good faith trying to correct the issue, but feel the collection agency does not have the ability to handle your disputed bill.
If this does not work, you may need to consult and attorney.
It is not enough to tell them the bill is incorrect.
You have to prove it.
There is not enough information to answer your question.
Incorrect bills are very rare. But not impossible.
Please specify if the amount is wrong or if they are charging you for a diferent kind of item or service or what really is the issue here.
They have the right to get their money back. You have to understand that too.
If the bill is less than $5,000.00 you can take it to the Small Claims Court but I suggest you to try to solve this matter outside the Courts.
If the bill is incorrect there is nothing the Collection Agency can do. They are just doing their jobs.
You really need to go to the source of the problem. This means you have to go to the company that actually send you the bill in the first place.
Also, if the bill was wrong you should have talked to them earlier before your bill was turned over to their Lawyers.
Easiest way to fight this is to show proof of what you are disputing. the more proof the better. Just saying they are wrong will not work. Next on there is an online dipute form. The FTC (federal trade commission) is there governing body so you can try that. And last but not least get in touch with the original creditor and dispute with them. Them calling the credit bureaus to take item off is worth its weight in gold!
resources to help your fight
START HERE:
SEND VIA CERTIFIED RETURN RECEIPT MAIL A LETTER DISPUTING THE CHARGES AND WHY. REQUEST PROOF THAT YOU OWE THE BILL, NOT JUST COPIES OF INVOICES BUT “PROOF”, SIGNED STATEMENTS ETC. ALSO, SEND TO THE 3 MAJOR CREDIT REPORTING AGENCIES A LETTER OF DISPUTE. YOU CAN GET THESE ON LIE AND THEIR WEB SITES. LET THEM KNOW THAT YOU HAVE DISPUTED THIS INFO WITH THE COLLECTION AGENCY AND THEY HAVE NOT FOLLOWED UP WITH YOU. THEY SHOULD THEN LIST THE ACCOUNT AS “DISPUTED” ON YOUR CREDIT FILE. THEY WILL ALSO SEND A “COLLECTION VERIFICATION” NOTICE TO THE COLLECTION AGENCY AND THEY WILL BE REQUIRED TO SUPPLY PROOF TO THEM OF THE DEBT.
THE FDCPA STATES THAT THEY HAVE “A REASONABLE AMOUNT OF TIME” TO RESPOND; THE AMERICAN COLLECTOR ASSOCIATION OUTLINES THIS AS 30 DAYS. IT THEY HAVE NOT RESPONDED TO YOUR REQUEST WITHIN THAT 30 DAYS THEN SEND ANOTHER LETTER TO THE 3 CREDIT REPORTING AGENCIES AND DEMAND THAT IT BE REMOVED FROM YOUR FILE.
KEEP IN MIND THAT THEY CAN TAKE UP TO 90 DAYS TO REPORT THIS INFORMATION.
IF IT HAS NOT BEEN DONE BY THEN, I WOULD CONSULT AN ATTORNEY.
ALSO, THIS DISPUTE MUST BE DONE WITHIN THE 1ST 30DAYS OF THE ACCOUNT BEING ASSIGNED TO THE COLLECTION AGENCY. THE FDCPA REQUIRES THAT A 3RD PARTY COLLECTION AGENCY SEND OUT A “VALIDATION NOTICE” TO THE DEBTOR GIVING THEM 30 DAYS TO DISPUTE THE DEBT. THERE IS A “MIRANDA” ON THAT LETTER STATING SOMETHING LIKE THIS-
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU DISPUTE THE VALIDITY OF ALL OR ANY PORTION OF THE DEBT, YOU MUST NOTIFY THIS OFFICE WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE OR WE WILL ASSUME THE DEBT IS VALID. IF YOU NOTIFY US WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE, WE WILL OBTAIN VERIFICATION FROM THE CREDITOR, OR IF A JUDGMENT EXISTS, OBTAIN A COPY OF VERIFICATION OF JUDGMENT AND MAIL A COPY TO YOU. IF YOU DO NOT IDENTIFY THE CREDITOR, WRITE TO US TO THAT EFFECT AND WE WILL PROVIDE THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THAT LISTED.
THE NOTICE MAY VARY FROM STATE TO STATE AND THE VERBAGE MAY VARY BUT THE LAW STATES YOU MUST DISPUTE WITHIN THE 1ST 30DAYS. WHILE SOME REPUTABLE AGENCIES WILL ALLOW A DISPUTE AFTER 30 DAYS THEY ARE NOT REQUIRED TO DO SO BY LAW.
ALSO, IF THE DEBT IS A TRAFFIC TICKET OR ANOTHER TYPE OF GOVERNMENT FINE, THEY DO NOT HAVE TO SEND OUT A VALIDATION NOTICE.
GOOD LUCK!
While Icsowesmemoney is mostly correct, and is a professional collector who knows the law, let me correct a few things.
He implies that if you do not respond to a collection agency within 30 day of the innitial contact, you are considered liable for the debt. This is incorrect.
The Fair Debt Collection states “The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.”
The purpose of the warning is to give the consumer the right to demand the debt be validated. During that time, the collector must cease all collection activities. Failing to respond within 30 days is NOT an admission that you owe the debt, but simply places a bar date on when the collector can begin collection activities.
Even though I apparently don’t know the law, and can only “cut and paste”, this does seem fairly clear to me.
The law is also very clear on how long any investigation takes place. The credit reporting agency has 30 days to respond to a dispute, and either reaffirm the entry or delete it. I see nothing in the law allowing a “reasonable amount of time” for the creditor to respond.
OK, now that we have cleared that up…
SUE THEM!
First, you need to read and understand the Fair Credit Reporting Act, as it outlines exactly what the dispute procedure is. If you don’t follow it to the letter, you will mess up your court case.
Send all letters by certified mail, so you can prove that they were sent and received.
1) Send a demand letter to the Credit Reporting Agency (CRA). Give them any proof you have to dispute your case. In your case, you claim the listing is about being late? Send them copies of any bills and checks to prove it. The CRA has 30 days to “investigate” this charge. All that means is they will contact the creditor and ask them if the listing is correct. If the creditor says “yes”, the listing is now “verified” and the listing stays. On to step 2….
2) Send a “Demand for Validation” letter to the creditor. The creditor has 30 days to respond. They must send you copies of bills, receipts, contracts, and everything used to calculate your debt. This will be the evidence they use in court if you sue them, so look it over carefully to see if you still have a case. If you still think you are right, and they still refuse to remove the listing…see below.
3) If they don’t respond at all, send a copy of the “demand for validation” letter plus another demand to remove the listing to the CRA. Tell them that the creditor has failed to “validate” the debt. If the CRA still does not remove the listing, you can now add them to your lawsuit also.
4) File a small claims suit against these guys. You will need to investigate how your local small claims court works. Generally, pay a small fee, serve the process, and go to court. If you can convince the judge the entry was incorrect, you can collect $1000 from both the creditor and the CRA, plus any damages the judge awards.
Yes it works, I’m in the process of doing it right now. Already have a settlement with one of the parties.
Do your homework, and read the links below.