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Central New England Credit Complaint - Debt Collection Tactics

Review by squeekie on 2007-09-13
This is actually a two parter.

How does one handle a situation where a collector has charged your credit card or bank account for more than you authorized? (I know to never give this information to a collector, but the person I'm asking for didn't)

Now part 2 is an old account from like 4 years ago turns up, this was paid in full four years ago, but some credit collection company "Bought" the account and want the money. It was 4 years ago, what should I do?
Comments:9 Replies - Latest reply on 2007-09-13
Posted by Anonymous on 2007-09-13:
For Part 2 you need to send them a letter demanding proof that you owe the money. Send it certified return-receipt. They have 30 days to send copies of whatever documents they have on file. Until you receive the response they are forbidden to contact you. For some good advise go to http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
Posted by Anonymous on 2007-09-13:
You can sue him for the over-charge in small claims court.
Posted by squeekie on 2007-09-13:
I forgot to add that by over charging us he made the account go into the red, so now there are also overdraft fees.
Posted by Anonymous on 2007-09-13:
You should be able to sue for that too…
Posted by warddw1526 on 2007-09-13:
Part 1. In the short term, dispute the charge or part of the charge with the credit card company. That should give you longer to take care of it with the collector.

As for sueing in small claims court, it would be your word against theirs as per the payment amount that would be paid, unless you have something in writing.
Posted by warddw1526 on 2007-09-13:
Part 2. While Passingby gives a correct answer in their answer, I will play devils advocate. If you ask for debt validation, and the collector can not provide proof, they will close their file. They will not close the account, and it will likely get sold to somewhere else, where you will have to repeat this again.

You said it was paid 4 years ago. Do you have some sort of proof? While you do not have to prove that it was paid, if you have proof you can provide to the collector, it will be a more permanent solution that disputing the debt.
Posted by squeekie on 2007-09-13:
I don't think I have the cancelled check and more as it was 4 years ago. and last year we refied the house and there were no collections out there then. this debt was from verizon and was paid when we bought the house. If it truely wasn't paid then why wait 4 years to collect. and also verizons insurence would have paid this by now.
Posted by yoke on 2007-09-13:
Ward, when the collection agency buys the account it should be their responsibility to ask the original debtor for proof of debt validation. In this case it was not on their credit report as being deliquent last year and 4 years is a long time for for a collection agency to expect someone to be able to get a cancelled check. Sometimes it is impossible (probably what collection agencys count on) and therefore it could be impossible to prove it was paid. Should we all keep out cancelled checks of every debt we have just in case someone decides to send a paid account to collections?
Posted by squeekie on 2007-09-13:
Thanks Yoke, you are so right. To be honest the only cancelled checks I keep are those associated with my property and excise taxes as I put them with my tax info. which I keep for 5 years. also I have had a few problems in the past where I asked for letters on a collection after it has been paid. My husband had mobil after him and he paid them off but it was still on his CP after saying it was still an unpaid collection. Verizon wasn't in collection so I never asked for a letter.

AND FYI guys, verizons insurence has paid that by now if in fact it were not paid by me (which it was)

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