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Guest Guest
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Posted: Fri Mar 04, 2005 4:51 am Post subject: Invalid Debt |
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I left my small town to go to college, and when i left, i turned my phone in to US cellular, paid off my final debt to them, and they told me i could go, i needed to do nothing else. there wouldnt be an early cancellation fee because i was moving to a place where there was no US cellular.
a month later i got a bill saying i owed $200 ( or there abouts). i called and talked to a supervisor, who told me they'd charged me an early cancellation fee, plus $50 i'd racked up in charges i dont remember using. i agreed to pay the $50, and they told me i had to fax in a proof of residence change. i told her i didnt have access to a fax machine, but i wold be going home soon and i'd do it in person. she said there was no time limit to send it in.
i never got the bill for the $50, so i didnt pay it. i was going to show the proof of residence change in january when i went home for winter break (this happened in october).
three months later i get a bill in the mail from a collection agency saying i owe $260. i wont pay it because i dont owe it. i moved legitimately!
whenever i try to talk to the collection agency, they get pissy at me and tell me it was in my contrac that i only had thirty days and they were nice enough to give me three months. it was NOT in my contract!
my written agreement gives me no time limit. all verbal agreemtents made state there were no time limits. i hear nothing from these people about a due date, especially nothing when this imaginary due date has passed.
now the collection agency wont listen to a word i say, and they wont give me a contact number of someone who knows what their talking about at US cellular.
CAN THEY DO THIS??? |
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simon Customer Care Dept
Joined: 11 Dec 2004 Posts: 93
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Posted: Sat Mar 05, 2005 12:27 am Post subject: |
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Hi Guest,
Yes they can but you also can do something about it. Under the FDCPA, you are allowed to validate this debt, and the CA must show you proof that you owe the debt to the collection agency. So notify The CA once again and they must show proof positive that you owe them this debt. If the CA cannot verify your debt, they must stop with the collection, they should stop contacting you on debt related issues, and they are also not allowed to report it under the Fair Credit Reporting Act (FCRA). Doing so is a violation and both FCRA, and FDCPA states that you can sue for $1,000 in damages for any violation of the Act.
All the best,
Simon |
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