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Tue 11 Jan, 2005 08:15 am
Ok here's the run down....I was with Sprint PCS approx. 3 years ago for cell service. They couldn't seem to get anything right and so I ditched them. I owed them some money still but never got anything from them, save one last bill and I forgot about it. Until we went to apply for a mortgage and they pulled my credit (1 1/2 years ago). We had to check it over and looking I rememebred that I had owed Sprint some money and they weren't on my credit report. I figured they must have written it off and I again forgot about it. Until yesterday. I get a letter in the mail from a collection agency stating that I owe them over $1700 for the account they bought off Sprint. I know for a fact that I didn't owe Sprint that amount, not even close! So I called Sprint to have them send me an itemized statment of the debt so I could check it over and make sure it was right (even though I know it is not). They told me they have no history and that they can't get that information to me. What? I asked for a supervisor thinking perhaps that person just couldn't get it. She said her supervisor couldn't get it either and she was going to send me back to customer serivce (I was speaking to a write off agent). I told her I already spoke to customer service and they didn't have the information either. So I flat out asked: You want me to pay $1700 without knowing what it is for?" And she replied yes.
My question is this: am I obligated to pay this amount when the company charging me with it cannot even validate the amount? I am not just handing out my money. I wrote a letter to the collection agency stating that I was not paying anything until I was sent an itemization of the debt in writing. I haven't sent it yet. Any legal information on this would be great. Thanks!
Anyone? Lawyers out there? Someone had this problem? help....
I'd like to know too. I had a similar problem with a store credit card. I cancelled it owing them nothing and moved out of the state. Two years later they sent a collections notice to my sister's house -- I have no idea why that address. As near as I could tell they were charging me annual fees even though I cancelled the card. Like you, they had no itemization for charges that appeared at a time when I could not possibley have made them.
I refused to pay and they put it on my credit report. It was the one and only ding on my credit for several years. I contested it with the reporting agency only to have them put it back on my report with the current date, making it that much longer before it would expire. Every time I needed credit I wrote a letter explaining my side of the story. It worked. It's gone now, but I don't trust banks, I hardly ever use credit cards, and I document every single communication I have with them.
I don't know the legality, Kristi, but I do payables and have had occasion to remind vendors that a statement without an explanitory, signed invoice amounts to nothing more than a ransom note.
Why not ask Phoenix. I'm thinking she got into something like this on another question.
I am sending them a letter stating I refuse to make payment until they tell me what it's for. I just wanted to know if I was spewing fluff or if I have a legitamate case. I think I'll PM phoenix.
kristie- I got your PM, but I figured that I could answer right here on the thread.
No, I have not had a similar experience, but I think that it would be better to contact the collection agency, rather than Sprint. Maybe they have some more detail.
You stated that you DID owe Sprint money from your last bill, It is possible that after 3 years, they have added on interest and penalties. But you DO need to know exactly what the debt entails.
Do you know anyone who is a lawyer, who might do you a favor? How I would handle it is to have the attorney write the collection agency, with a cc to Sprint, stating that you are being asked to pay for something, and are not being given any details. Often a letter from an attorney has more clout than one from a lay person. But try contacting the collection agency first, by phone, before you do anything. You may not have to go as far as a lawyer's letter.
Remember, a collection agency is the "court of last resort", before a company will write something off as a bad debt. If you indeed do owe them money, often you can play "Let's Make a Deal" with the collection agency.
I would be careful about what I would put in writing. Jespah is an attorney, so maybe she could point you in the right direction.
Sorry that I could not be of more help.
Thank you! I called them and they told me that they could investigate and it could take up to 6 months. They also said I could settle for $1000. I don't know if I want to do that.
Hm. This sucks. Thanks for all your help!!
Okay, the ransom is down to $1000.00.
I just talked to my husband and he doesn't want to settle. He said even if we owe them $1000, for all the time that has passed and all the trouble this is causing, let them work to prove to us that we owe that $1000. I am just afraid that we will have to fight with them then regarding late fees, intrest charges, penalties, etc. and then the $1000 settlement will be history and we'll be back to square one. **sigh**
This just sucks.
Ok so...I have decided that I cannot, in good conscience pay any of a debt that cannot be validated. So, I am writing a letter to the collection agency. Basically stating that:
..... Sprint was remiss in contacting me regarding penalty, interest or delinquency fees that may have occurred and I do not feel I am responsible for any and all amounts pertaining to these fees, or any other fees that were issued after the termination of their service with me.
....Because Sprint was unable to provide me with documentation of this debt total when I contacted them.... I am requesting...an investigation, the proper documentation and an itemization of this debt in writing to me. At that time, I will be willing to discuss payment options and/or settlement amount regarding any debt that may be due. This correspondence is to inform you that until such time I will not be responsible for any debt that cannot be verified.
Please contact me with any questions.... If I have not heard back from you by February 11th, 2005, I will consider this matter closed and assume no liability.......
what do you think? Any attorneys out there?
I would write a letter back to the collection agency stating that you dispute the validity of the debt and requesting that they send written evidence of same to you. Your letter need not say much more than that. (The letter you received should contain the 30-day verification notice if it is compliance with the Fair Debt Collection Practices Act - FDCPA.) It appears there will not be any forthcoming from the collection agency, since Sprint has indicated to you they don't have any proof of this debt. I would "cc:" this letter to Sprint.
The collection agency should provide you with proof of this debt, or cease collection activities (that is, if they plan on complying with the FDCPA).
I would write another letter to Sprint demanding that it either substantiate the debt or remove same from your credit report.
Additionally, I would write letters to all three of the major credit reporting agencies explaining that you dispute the amount of the debt that is listed in your credit report as being owed to Sprint, that you have requested proof of same, and request that they investigate this matter and remove the derogatory mark against your credit. I would include a copy of the letters you sent to the collection agency and Sprint.
Of course you will want to keep a copy of all of the letters you send in a separate file.
Here's a
link to the Fair Debt Collection Practices Act.
bless you....I didn't know that that existed. Thanks...I am gonna do some homework.
Another thing worth mentioning is you should be aware that the collection agency may send this back to Sprint as "uncollectible," because they don't have any proof of the debt. But Sprint might turn around and send this out to the next collection agency down on their list. This is a common practice in debt collection. Use the same approach with any new collection agency.
Here is a
link to a sample letter you can use to dispute the mark on your credit report.
Here is the text in the FDCPA that I was referring to [Section 809(b)]:
Quote:(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.
Thank you thank you thank you
Ticomaya wrote:
Additionally, I would write letters to all three of the major credit reporting agencies explaining that you dispute the amount of the debt that is listed in your credit report as being owed to Sprint, that you have requested proof of same, and request that they investigate this matter and remove the derogatory mark against your credit. I would include a copy of the letters you sent to the collection agency and Sprint.
Of course you will want to keep a copy of all of the letters you send in a separate file.
Here's a
link to the Fair Debt Collection Practices Act.
So basically, I will have all three bureaus and the collection agency looking into this? Or is the letter to the bureaus just a safeguard in the event that the current collection agency sells my debt onto another unsuspecting collection agency?
I misunderstood your original post. I thought a debt to Sprint was showing on your credit report, and you disputed it. The purpose of writing the letter to the 3 credit reporting agencies and to Sprint would have been to try and remove that from your credit report. If this is not showing on the credit report, you need not write any letters to the credit reporting agencies, or to Sprint. I would still cc: Sprint on the letter to the collection agency.
The collection agency should stop trying to collect this from you once it receives your written request for proof of the debt. That's about all the "looking into it" it will do ....
As far as I know, this has now been reported to the credit bureaus. I am going to request a copy of all my reports before I send the letters, in the event that this has not been reported.
I am going to send the letter to the collection agency and Sprint tomorrow. I will send the appropriate letters to credit bureaus if necessary.
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