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redwing_nutso | How can I get information from a difficult collections agency? They wont send me detailed billing.? |
All I am asking for is a detailed bill of the charges so I can validate it and pay them, but they say I need to pay the balance first and then recieve the detailed billing. This doesn't seem right. Is there any recourse I have against this uncooperative company? Any law's that help people such as me?
Additional Details
I would also like to add that the balances in question are medical bills that my ex-wife incurred on behalf of my 8 year old son who still uses my health insurance. She has the bills sent to her house and just throws them away without notifying me. I have never seen these bills in question. The total of the bills in close to $1000.00 if not, slighty more. |
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Studly
 |
First, read maxfr8 response again, it contains all the keys!
My battle cry! You are about to go to war with these guys! Do NOT fight them unarmed! Knowledge of the laws is your only weapon. The other guys know the law, now you do too!
Now follow these instructions:
Use the sample letter in the link below as your guide, fill in the blanks or information to fit your situation.
This is a request for "validation" of your debt. This is NOT a request to "validate" the debt.
"Verify" means the agent will call the original creditor and "verify" that there really is a debt. If the creditor says "yes" then it's now "varified" and they will continue to come after you. This is where many people make their mistakes when dealing with collection agencies.
"Validate" means that the agent must PROVE that you owe the debt. That means he must supply copies of contracts, receipts, bills, and anything that was used to calculate what you owe. They must PROVE that you have a legal obligation to pay this debt, and they MUST RESPOND with this information within 30 days. If they fail to respond, then you have grounds to cancel the debt. Make them sue you.
You plan to pay off this debt? Great. Now read Letter #2. This letter is meant to negotiate the settlement. DO NOT PAY anything to these guys unless they agree IN WRITING to remove any negative reports on your credit history. Otherwise, what is the point of cleaning up this debt? You will still have a ruined credit report, plus you will be broke!
A judgement and a non-payment both have the same negative effect, so if they won't work with you, let them sue you. The judge will certainly give you better terms then a collection agency.
Armed with this knowledge, you will find collection agents a bit easier to work with. Don't back down.
I am not a lawyer or credit counsoler. I am someone who has been down this road and who has counsoled many others. If you need help or encouragement contact me.
LEARN THE LAW! GET ARMED! |
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Cat
 |
It's not right. If the company was legitimate, they would be more than willing to send you the information you are requesting. You need no law to refuse payment... simply tell them you will not pay the bill unless they show you proof. The legitimate ones understand this... it's the false ones who will give you a hard time and give you threat after threat.
Imposter collection agencies are incredibly rampant right now. Be skeptical and demand proof for every one that contacts you. |
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maxfr8
|
Read the 'Federal Debt Collection Practices Act'. I was a collector at one time and that was what we were bound to.
§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) 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. |
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seeking
|
they have to send you a bill in writing if you requested it.
are you aware that you can sue a collection agency for harrassment (WHICH HAS TO BE PROVED)and or/Collectors making up there own rule which is not in the collection agencys policy guidelines(deceptive and unfair business practices). you need to record you conversation with this collector. Who knows what else he may say to you that is unlawful, I hope you have a recorder on you home phone!then contact someone at the (FTC)Federal Trades Commission. |
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MRJS
|
You could make the assumption that they don't have a detailed bill. Furthermore, for them to try to get the detailed bill from their client would be next to impossible.
If you paid the bill, do you think they would send you a detailed bill afterwards? There would be no motivation on their part to do so.
The bottom line for a collection agency is they get X-percent of the amount collected. They are not interested in anything else other than that.
They will make phone calls and send letters, but they are in no way a "customer service" department.
Some people might not like this next statement, but I believe it to be true: If you have perfect credit, then somewhere along the line you have OVERPAID for something.
The reason I believe this is that life has it's challenges and inequities. Corporations, for instance, use contracts to subtly force you into paying some fees for services that you don't really receive.
Sometimes, you just have to fight it. But, you have to choose your battles. |
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rx8 slotcar
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yes freedom of info act..lol tell them that
tell them for all you know they are a scam... if u owe it ... u need to know who put it into collections.. ask to know the name of them and call for yourself |
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thylawyer
|
Send them a written request by certified mail, return receipt requested, for the account information. By federal law and probably by your state law, they have to respond in writing.
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm |
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Fancy777_98
 |
My daughter is getting the same thing from their lawyer. She has been paying with money order, she phoned them too ask for a file number and they refused too give it too her. They cashed three money orders and said they didn't get them. Now they want the balance, $5,000 withing 20 days or they will take her too court. I would go too court myself, but she wants too know if there is some legal place she can turn too for help. This is in Canada |
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DARNA
|
It is your right to know your account in full to be able to settle. If the collection agency refuse to give detailed billing, then you have to go personally to where you secured your account and talk to the person in charge, or you can hire a lawyer to talk to whoever is handling your account. |
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bibitte
|
You can call the original company you owe the money to, they should have all the records still. I used to work in a collection agancy, and the original companies who hired us usually did not give us the details, just the minimum amount of information we needed. |
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thejody
|
My son is being harassed by a collection agency. He has admitted that he owes the money (formerly to Capital One) and agreed to pay the collection agency $200 now and to start making payments of $75/month. They agreed to that over the phone UNTIL he asked them to send him something in writing to document what they had talked about on the phone; (i.e.the total amount owed, and a summary of their agreement for payments of $75/mo) AND refused to immediately give them his bank account information (which I had warned him not to do) The person he was talking to then said that it was too much trouble, and they would take him to court instead. From what I have been reading this is a common ploy that is used. Once the collection agency gets your account number they take as much money as they want out of your account and it is then the debtor's responsibility to fight it out with the bank.
So now what should he do? He wants to get back on track and make arrangements to start removing the debt, but I hate to have him send this agency any money because they are so sleazy. He (and I) would like to pay them off in full right now, but unfortunately neither of us has the funds to do so. Any suggestions on how to (cautiously) proceed would be appreciated. |
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